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www.adls.org.nzISSUE 14 15 MAY 2015

Continued on page 2

LAWNEWS

THIS ISSUE:

Restorative justice – what lawyers need to knowCradle to Grave shines the spotlight on capacity,

trusts and willsAuckland law students talking it up overseas

+ Sentencing, courts

THE NEW RESTORATIVE JUSTICE REGIME

This year’s Cradle to Grave conference was a resounding success and saw the event continue to live up to its own high standards. Pictured here (from left to right) are the presenters at the Auckland conference: Brian Carter, Vanessa Bruton, Chris Kelly (brother Greg Kelly presented in Christchurch and is not pictured here), the Hon John

Priestley QC, Bill Patterson, Dr Bede McIvor, Denham Martin, Sonja Clapham, Sandra Grant and Anthony Grant. For more, please turn to pages 4 and 5.

By Helen Bowen, Barrister & Youth Advocate and Rosie Abbott, Lawyer, Public Defence Service

The new section 24A of the Sentencing Act 2002 (inserted by the Sentencing Amendment Act 2014) came into force on 6 December 2014. The effect of the new provision is that the court must adjourn proceedings to enable enquiries as to whether a restorative justice (RJ) process is appropriate in a particular instance to be made of a suitable person (i.e. an RJ provider).

Section 24A applies if the offender has pleaded guilty, if there are one or more victims of the

offence and if there has been no previous RJ process. The RJ provider is to determine whether the RJ process is appropriate in the circumstances of the case and, importantly, taking into account the wishes of the victim.

The Victims’ Rights Act 2002 was also amended at the same time (by the Victims’ Rights Amendment Act 2014) to allow for RJ processes to be made available if victims request a meeting with the offender to resolve issues (section 9).

The effect of the amendments will be to increase the volume of RJ referrals and increase funding to provide an additional 2,400 conferences over

ISSUE 14, 15 MAY 2015

two years from December 2014. It means that courts must adjourn proceedings to see whether the restorative justice process is appropriate. This means that criminal proceedings, as well as WorkSafe prosecutions under the Health and Safety in Employment Act 1992, will automatically be referred for assessment of suitability. The Ministry of Justice (MOJ) has provided an additional $4.4 million for RJ services.

The questions raised in this article will be more fully canvassed at an upcoming CPD webinar entitled “The Sentencing Amendment Act 2014: The New Restorative Justice Regime” on Wednesday 20 May 2015 from 12pm-1pm, presented by Helen Bowen and Rosie Abbott. For further details please see page 8 or visit www.adls.org.nz/cpd/.

Section 24A Sentencing Act

The new section 24A provides for an adjournment for a restorative justice process in certain cases and will apply if:

• an offender appears before a District Court at any time before sentencing;

• the offender has pleaded guilty;

• there are one or more victims;

• no restorative justice process has previously occurred; and

• the Registrar has informed the court the restorative justice process can be accessed.

The court must adjourn the proceedings to enable enquiries to be made by a suitable person to determine whether a restorative justice process is appropriate in the circumstances of the case (taking into account the wishes of the victim) and enable a restorative justice process to occur if the enquiries made reveal that a restorative justice process is appropriate in the circumstances of the case.

Section 9 Victims’ Rights Act

The new section 9 deals with RJ meetings to resolve issues relating to an offence and applies if a victim requests to meet with the offender to resolve issues relating to the offence. If satisfied that the necessary resources are available, a member of court staff, a police employer or probation officer must refer the request to a suitable person who is available to arrange and facilitate an RJ meeting.

+ Sentencing, courts, upcoming CPD

THE NEW RESTORATIVE JUSTICE REGIME Continued from page 1

Editor: Lisa Clark

Publisher: Auckland District Law Society Inc.

Editorial and contributor enquiries: Lisa Clark, phone (09) 303 5270 or email [email protected]

Advertising enquiries: Chris Merlini, phone 021 371 302 or email [email protected]

All mail for the editorial department to: Auckland District Law Society Inc., Level 4, Chancery Chambers, 2 Chancery Street, Auckland 1010. PO Box 58, Shortland Street, DX CP24001, Auckland 1140. www.adls.org.nz

Law News is published weekly (with the exception of a small period over the Christmas holiday break) and is available free of charge to members of ADLSI, and

available by subscription to non-members for $130 plus GST per year. If you wish to subscribe please email [email protected]

©COPYRIGHT. Material from this newsletter must not be reproduced in whole or part without permission. Law News is published by Auckland District Law Society Inc., 2 Chancery Street, Auckland.

LAW NEWS is an official publication of Auckland District Law Society Inc. (ADLSI).

The effect of the amendments will be to increase the volume of RJ referrals and increase funding to provide an additional 2,400 conferences over two years from December 2014. It means that courts must adjourn proceedings to see whether the restorative justice process is appropriate. The Ministry of Justice has provided an additional $4.4 million for RJ services.

The purpose of the amendment is to strengthen existing legislation for victims, to broaden the rights of victims of serious crime, to increase opportunities for victims to be involved, to ensure victims are better informed of their rights, to improve government agency accountability and responsiveness to victims and to apply consistency across adult and youth justice sectors. Continued on page 11

Helen Bowen Rosie Abbott

Lawyers’ role

Lawyers need to understand the new provisions and provide advice to defendant clients about the RJ process, seek the defendant’s views, inform the Registrar of a decision to proceed with RJ (or not), provide up-to-date contact details, complete an RJ referral, obtain the next date (usually the same as sentence date), advise the defendant about the effect of having an RJ conference or not, and utilise the RJ conference on sentence (including obtaining the RJ report). Note that a lawyer can attend RJ meetings as a support person for the offender.

In terms of legal aid, the usual flat fee will be paid for considering the RJ report. In addition, since 15 December 2014, the provider can now claim preparation (via an amendment to grant) and actual hearing and wait time. The application may be made prior to or after the RJ process and sentence.

The RJ process

RJ meetings take place after entry of a guilty plea, with the offender, support persons, victim, victim support and two facilitators (selected based on the culture of the victim and offender) all present. The offender will be required to explain the circumstances surrounding the offence, to listen to the victim and to make what amends are possible. All participants receive a copy of the RJ report which is not binding but informs the sentencing process. More information on what happens before, during and after the RJ process will be discussed by the authors at the upcoming webinar.

ISSUE 14, 15 MAY 2015

+ Young lawyers

ADLSI lends a helping hand to Auckland law students at Vis moot in Vienna For the second year, a team of students from the University of Auckland Law School competed at the Willem C Vis International Commercial Arbitration Moot in Vienna, assisted by support from ADLSI, among others. The Vis Moot is the world’s largest and one of its most prestigious mooting competitions, attracting more than 2000 students from 300 universities, and more than 1200 arbitrators each year.

The team, comprising Matt Büdler, Michael Greenop, Ana Lennard, Finn Lowery and Jack Davies, competed against teams from Brazil, China and Uruguay in the preliminary rounds. The team did well to reach the knockout rounds, and was ultimately, though very narrowly, knocked out by the team from the University of Helsinki.

Finn Lowery and Michael Greenop both received an Honourable Mention for their oral performance, placing them in the top fifty speakers at the competition. The team as a whole also received an Honourable Mention for its oral performance.

In addition to its success at the competition proper, the team also competed at pre-moot competitions in Belgrade, Budapest, Brussels, Hong Kong, Shanghai, Heidelberg, and Romania, as well as competing in the first-ever online pre-moot. The team reached Vienna having won the competitions in Budapest and Romania, and having reached the final rounds in Shanghai, Heidelberg and Brussels. Michael Greenop was named as “best barrister” in the Romanian competition.

Coaches Campbell Herbert, Nupur Upadhyay and Thom Clark travelled with the team to Vienna.

“Attending Vis moot provides a fantastic opportunity to develop the students’ skills as advocates and to observe and learn from different styles of arbitration practice,” says Nupur Upadhyay. “It also allows the students to meet arbitrators, practitioners and other students from all over the world, and build an international network.”

“Last year’s team did an excellent job of establishing Auckland’s name at the competition. It has been wonderful to see such a strong performance from this year’s team too, as it ensures the momentum continues to build,” says Campbell Herbert.

Team member Finn Lowery says the Vis experience was “exceptional”.

“We all improved our advocacy skills and learned important lessons about the law more generally,” he says. “The moot also provided an unparalleled environment for fostering networks and promoting the Auckland Law School. We were exposed to an enormous number of lawyers, academics and students, all of whom now know about the University of Auckland.”

Fellow mooter Jack Davies agrees, saying the team met some fantastic people and was really able to showcase the high quality of work that the University of Auckland produces. “Many teams were impressed with our performance at the pre-moots and we put in a solid all-round performance.”

Now in its 22nd year, the Vis moot competition LN

Mooters Jack Davies, Ana Lennard, Michael Greenop and Matt Büdler (teammate Finn Lowery not pictured)

simulates a fictional dispute, to be settled by arbitration, between commercial parties arising out of a contract governed by the Vienna Convention on the Sale of Goods. This year’s problem required students to grapple with the emergency arbitrator procedures in the recently updated ICC Rules of Arbitration, and the intricacies of the commodities trade, particularly in rare minerals.

In the lead-up to the oral rounds in Vienna, teams prepare written memoranda for both claimant and respondent. The oral rounds see students make submissions before three person tribunals comprised of professional arbitrators, counsel practising in the areas of arbitration and international trade, and leading academics.

The team wishes to acknowledge the generous support of the Faculty of Law, the Vice Chancellor, the Auckland District Law Society Inc., Shortland Chambers, Bankside Chambers, and the University of Auckland Business School. The team also thanks those members of the profession, and colleagues from other universities, who have provided support in their preparation for the competition.

A range of preferential offers, available to

ADLSI members, from carefully selected partners.Member BenefitsProgramme

To view the latest offers visit www.adls.org.nz

ISSUE 14, 15 MAY 2015

+ ADLSI event review

Another successful year for Cradle to Grave Perhaps the words of our attendees (via feedback received in evaluation forms) best summarise the 2015 Cradle to Grave conference:

“Excellent topics, very practical and dovetailed into each other nicely.”

“All speakers were excellent and clear – well-presented to a high standard by all.”

“Useful – made quite a few notes of things to check when I get back to the office.”

“Excellent presenters and all organisational details seamless, thanks – brilliant folder – happy lawyer!”

This year’s Cradle to Grave conference took place in Auckland on 20 April 2015 and in Christchurch on 23 April 2015.

The 2015 conference was certainly a rewarding experience for those who attended, with intensive learning (interspersed with lighter or humorous moments) throughout the day. Bill Patterson’s masterful chairing of the conference, together with his expert level of knowledge and that of the other presenters, meant that a convivial feel in the room was achieved and “solid, meaty discussion and opinion” flowed (further attendee feedback). This was not a mean task when 250+ lawyers (at least for the Auckland session) were present in the room!

“Capacity” was one of the focus topics for the conference this year. Sandra Grant provided clear and comprehensive information, demonstrating the legal principles through her own experience and practical examples. The medical perspective, delivered by psychiatrist and psychogeriatrician, Dr Bede McIvor, was informative and useful, providing practitioners with highly relevant material such as “red flags” of which to be mindful and when and how to engage effectively with a medical practitioner. Sonja Clapham’s presentation complemented the foregoing deliveries well, addressing the remaining questions on what lawyers should do when presented with difficult capacity issues.

Anthony Grant captivated the audience with droll, incisive insights into developments in trust law. His concise summary of the 96 page Court of Appeal judgment in Clayton v Clayton provided clarity on a difficult decision. Among the many pertinent points made by Mr Grant, his observation that the term “illusory trusts” was one that could be forgotten (the Court of Appeal judgment appearing to establish that the terms “illusory” and “sham” are to be treated as if they are synonymous) was subsequently picked up by Brian Carter in his address, suggesting with dry humour that the term “Clayton’s Trust” might instead have been offered by counsel!

Vanessa Bruton took up from where Brian Carter’s presentation on the family law for non-specialists topic left off, providing practical application (drawing on the characters from the Australian classic film “The Castle”) to

Continued on page 5

Each of the presenters provided high quality, comprehensive papers to support their presentations at the Cradle to Grave Conference 2015. The conference folder containing the full collection of papers can be purchased through ADLSI (Members: $130 + GST; Non-members: $175 + GST).

Presenter Chris Kelly discusses issues relating to wills.

It was a full house again at this year’s Cradle to Grave.

Conference papers available to purchase

ISSUE 14, 15 MAY 2015

demonstrate difficulties arising with occupation, possession and sales orders in relation to trust-owned homes.

Despite the various issues and challenges, there was no doubt that trusts have their place in New Zealand following Denham Martin’s forceful, thorough and animated delivery, which gained the full attention of (and provoked much thought amongst) those in the room.

As well as drawing on his vast and detailed knowledge to add pertinent comment throughout the day, Bill Patterson also delivered an excellent presentation on avenues available to co-trustees of a trust seeking to make decisions in situations where the other trustees cannot agree and/or beneficiaries (commonly separating spouses) are feuding.

The topic of wills was delivered as “book-ends” for the conference, with the Honourable John Priestley QC opening proceedings by sharing his experience from the bench on issues arising through avoidable, common errors in preparing wills. Chris Kelly (for the Auckland session) and Greg Kelly (for the Christchurch session) took this a step further with invaluable, practical guidance on file management when acting for clients preparing wills, providing useful checklists and precedents for future reference. Their extremely useful update on dealing with statements relevant to potential family protection (or similar) claims, and the modern approach to interpreting wills, held the audience at the end of an intensive day.

It might be fitting to end this snapshot of the 2015 conference how it began – that is, with a comment from our attendees: “More of the same – excellent”. This will certainly be the goal for the conference when it returns next year.

Continued from page 4

Attendees at the Auckland Cradle to Grave conference.

Cradle to Grave – ASB “Morning Tea Shout” winners

Congratulations to the two law firms who won the ASB “Morning Tea Shout” at the Auckland and Christchurch Cradle to Grave conferences:

Martelli McKegg (Auckland)

Parry Field Lawyers (Christchurch)

Congratulations from ASB!

By Meryl Duval on behalf of the ADLSI Commercial Law Committee

New resident director requirements introduced by the Companies Amendment Act 2014 took effect from 1 May 2015.

All companies incorporated prior to that date will have until 28 October 2015 to ensure they comply with these requirements.

The changes are for every company incorporated in New Zealand to:

• have at least one director who lives either in New Zealand or Australia (if living in Australia, that individual must also be a director of the company incorporated in

+ Update from ADLSI’s Commercial Law Committee

Compliance update – New resident director requirements for New Zealand companies

Australia);

• provide the Registrar with details of all directors’ date and place of birth (date of birth information will not be made publicly available); and

• disclose details of their ultimate holding company (if a subsidiary company).

With these new requirements come increased enforcement powers of the Registrar, including the ability to issue notes of inactivity or warnings against companies on the register, de-register companies for non-compliance and prohibit individuals from managing companies in certain circumstances.

From 1 July 2015, all companies incorporated prior to 1 May 2015 will need to provide the Registrar with additional information when filing their annual return including:

• date and place of birth of every director (which will not be made publicly available); and

• details of the ultimate holding company (if applicable).

Companies registered prior to 1 May 2015 should be advised before 28 October 2015 of how these changes may impact them to ensure timely compliance. LN

Presenter Denham Martin tackles trusts and tax.

LN

ISSUE 14, 15 MAY 2015

AUT University’s School of Law hosted the 2015 Public Defence Service (PDS) national workshop last month.

The professional development workshop comprised two days of speakers and sessions tailored to educate and inform criminal lawyers employed by the PDS, which is part of the Ministry of Justice.

+ News from AUT University Law School

AUT University Law School hosts Public Defence Service workshop

The Minister of Justice, the Honourable Amy Adams, opened the workshop and welcomed the more than 145 lawyers in attendance. The Director of PDS, Madeleine Laracy, emphasised in her address that regular and high quality legal training is one of the greatest benefits that PDS has to offer criminal lawyers and is an area of strategic focus for the organisation. To that end, a centralised PDS “National Training Programme” has been implemented.

Other speakers at the workshop included a senior Law Commission researcher Mihi Pirini, who spoke about the Law Commission’s investigation of alternative court proceedings for sexual offending, and sociologist Dr Jarrod Gilbert on the topic of gangs in New Zealand.

AUT senior lecturer in criminal law Marnie Prasad and Deputy Public Defender (Waitakere) Dr John Edgar presented a paper on recent criminal case law developments from the Supreme Court of New Zealand.

Other topics covered during the two day workshop included how to deal with workplace stress, how to deal with difficult people, consent searches and PDS ethics policy.

AUT University Dean of Law Professor Charles Rickett said: “It is important for the Law School to engage with our profession by hosting events like this on campus. The PDS Workshop was a chance to bring members of the legal profession from across New Zealand onto campus and let them know a little about the law degree we offer. It also meant we could include some of our fourth year law students, giving them a taste of the life of a lawyer and the chance to network with potential future professional colleagues.”

Dr John Edgar, who organised the workshop, said: “The hosting of the event by AUT’s Law School underlined the positive relationship between the two organisations. During the 2015 academic year PDS staff will also be giving guest lectures while AUT law students will be able to apply for the newly established PDS summer internships.”

The Public Defence Service is New Zealand’s largest criminal law practice. After beginning as a pilot in the Auckland and Manukau courts in 2004 the service has grown to cover New Zealand’s busiest courts and employs more than 170 staff.

Professor Charles Rickett (AUT Law Dean), Dr John Edgar (Deputy Public Defender, Waitakere), Madeleine Laracy (Director, Public Defence Service) and

Minister of Justice the Hon Amy Adams at the Public Defence Service workshop.

LN

The Arbitrators’ and Mediators’ Institute of New Zealand (AMINZ) and the Chartered Institute of Arbitrators Australia (CIArb Australia) have recently signed a memorandum of co-operation to promote arbitration, mediation and other out-of-court processes in the region.

The agreement between the two leading Australasian alternative dispute resolution bodies recognises the growing demands of resolving cross-border disputes, and the increasing alignment in the Trans-Tasman legal environment for private dispute resolution.

“This agreement with CIArb Australia builds on the long-standing relationship we have with one of the most prestigious dispute resolution bodies in the world, and will deliver benefits not only to our members but provides globally recognised experience to assist business and government entities involved in international transactions,” AMINZ President David Patten said.

Both countries are also actively pursuing bilateral and regional free trade agreements elsewhere in the region.

Last year, the Protocol for the ASEAN Australia New Zealand FTA was signed to enhance transparency and certainty for investors in the region. The agreement provides a right to international arbitration (investor-state dispute settlement) to resolve disputes over cross-border investment.

It marks the first time Australia and New Zealand have been involved jointly in negotiating an FTA with third countries – and it is the largest FTA for both countries.

“This agreement is a significant step in a strategic alliance between us and New Zealand’s largest dispute resolution body to jointly promote our services to the global market that will ensure the delivery of commercial benefits for investors,” said CIArb Australia President Albert Monichino QC.

The signing of the agreement took place in Sydney this ANZAC week during a ceremony commemorating the Centenary of the Chartered Institute of Arbitrators and the 20th Anniversary of its Australian branch.

The practical application of the agreement will be discussed at this year’s AMINZ annual conference, which is supported by CIArb Australia. The conference will be held from July 23-25 2015 and will be launched in the Grand Hall of Parliament, Wellington and hosted by New Zealand’s Minister of Justice, the Honourable Amy Adams.

Fresh from heading the UN enquiry on human rights abuse in North Korea, retired High Court Justice of Australia, the Honourable Michael Kirby AC CMG, will also be a keynote speaker.

+ Dispute resolution

New agreement promoting Trans-Tasman arbitration signed

David Kreider and Albert Monichino QC sign the MOU on behalf of AMINZ and

CIArb respectively.

LN

ISSUE 14, 15 MAY 2015

+ New book

Hinde on Commercial Leases, 3rd Edition

Author: Dr George Hinde

Hinde on Commercial Leases is a modern exposition of the law relating to leases and tenancies (other than residential tenancies).

It provides the busy practitioner with up-to-date practical guidance when facing the many issues that may arise between landlord and tenant, with an in-depth commentary giving references to a wide range of New Zealand, Australian and English cases.

Dr George Hinde, well-known throughout the legal profession in New Zealand through his 50 years’ work in the practice and teaching of land law, sadly passed away in October 2014. He was an Emeritus Professor of Law at the University of Auckland and published extensively in the area of land law. This third edition of Hinde on Commercial Leases captures Dr Hinde’s final update to Chapter 11 of Hinde McMorland and Sim Land Law in New Zealand.

Price: $165.22 plus GST ($190.00 incl. GST)*Price for ADLSI Members: $148.70 plus GST ($171.00 incl. GST)*

(* + Postage and packaging)

To purchase this book please visit www.adls.org.nz or contact the ADLSI bookstore by phone: 09 306 5740, fax: 09 306 5741 or email: [email protected].

Trust lawyer on the move

Former Ayres Legal partner Vicki Ammundsen has left the partnership to establish a new law firm, Vicki Ammundsen Trust Law Limited.

Vicki Ammundsen speaks, writes and advises on equity, trusts and related matters. Ms Ammundsen is known for her pragmatic and principle-based approach to trust law, providing an appropriate context for trust law whether in a commercial or family construct, for both her own clients and referrals or second opinions for other firms.

Ms Ammundsen is the author of a number of trust texts including the Trustee Handbook, Taxation of Trusts and the recently published Trustee Liability. She also blogs regularly on a wide range of trust-related issues at the widely read www.mattersoftrust.co.nz.

Vicki Ammundsen Trust Law commenced business on 1 April 2015.

Auckland lawyer wins governance scholarship

Auckland barrister Anita Killeen is the 2015 winner of the New Zealand Federation of Business and Professional Women Margery Toulson Scholarship for Senior Governance and Leadership.

The scholarship provides the winner with funding to continue their governance and leadership training with the Institute of Directors.

+ Movers and shakers

What’s happening in the profession …

Vicki Ammundsen

Anita Killeen

LN

www.adls.org.nzISSUE 14 15 MAY 2015

Continued on page 2

LAWNEWS

THIS ISSUE:

Restorative justice – what lawyers need to knowCradle to Grave shines the spotlight on capacity,

trusts and willsAuckland law students talking it up overseas

+ Sentencing, courts

THE NEW RESTORATIVE JUSTICE REGIME

This year’s Cradle to Grave conference was a resounding success and saw the event continue to live up to its own high standards. Pictured here (from left to right) are the presenters at the Auckland conference: Brian Carter, Vanessa Bruton, Chris Kelly (brother Greg Kelly presented in Christchurch and is not pictured here), the Hon John

Priestley QC, Bill Patterson, Dr Bede McIvor, Denham Martin, Sonja Clapham, Sandra Grant and Anthony Grant. For more, please turn to pages 4 and 5.

By Helen Bowen, Barrister & Youth Advocate and Rosie Abbott, Public Defence Service

The new section 24A of the Sentencing Act 2002 (inserted by the Sentencing Amendment Act 2014) came into force on 6 December 2014. The effect of the new provision is that the court must adjourn proceedings to enable enquiries as to whether a restorative justice (RJ) process is appropriate in a particular instance to be made of a suitable person (i.e. an RJ provider).

Section 24A applies if the offender has pleaded guilty and if there are one or more victims of the offence and if there has been no previous

RJ process. The RJ provider is to determine whether the RJ process is appropriate in the circumstances of the case and, importantly, taking into account the wishes of the victim.

The Victims’ Rights Act 2002 was also amended at the same time (by the Victims’ Rights Amendment Act 2014) to allow for RJ processes to be made available if victims request a meeting with the offender to resolve issues (section 9).

The effect of the amendments will be to increase the volume of RJ referrals and increase funding to provide an additional 2,400 conferences over two years from December 2014. It means that

Online magazine version of now available to subscribers.

LAWNEWS subscribers who prefer to read LAWNEWS online, can now switch their weekly subscription from the printed format, to the new, online magazine format.

Simply email [email protected] and let us know you’d like to switch your weekly print subscription to online, and we’ll arrange to send you an email every Friday with a link to the latest issue of LAWNEWS.

If you’d like to start a subscription to LAWNEWS, it’s free for ADLSI Members and $130+GST per year for non-members. To enquire about subscribing, email [email protected] or visit www.adls.org.nz/adlsi-store

+ ADLSI Council

Contact details for ADLSI CouncilHere are the contact details for your ADLSI Council. They welcome your queries and suggestions.Brian Keene QC (President) Ph. 09 366 0306 E. [email protected] Pidgeon (Vice-President) Ph. 09 337 0826 E. [email protected] Brandts-Giesen Ph. 03 313 4010 E. [email protected]

Vikki Brannagan E. [email protected] Hagen Ph. 09 309 1689 or 021 452 326 E. [email protected] Nicolson Ph. 09 309 2500 E. [email protected]

David Roughan Ph. 09 435 2261 E. [email protected] Anne Shanahan Ph. 09 827 6106 or 09 827 2783 E. [email protected] Spring Ph. 09 486 1609 E. [email protected]

ISSUE 14, 15 MAY 2015

Selected CPD CPDTo view all ADLSI CPD & register: www.adls.org.nz/cpdEmail us: [email protected] Phone us: 09 303 5278

Featured CPD

Tuesday, 28 July 2015 | 12pm – 1pm

At your desk or on your portable device

1 CPD HOUR

Rural Law Series: Best Practice for Tailored Succession PlanningRural properties (including farms) stand apart from other realty and income-generating assets in that they are frequently the culmination of lifetime investments, driving significant emotional attachment. These factors, together with the increasingly complex nature of families, mean that careful attention and expertise are required when advising clients on succession planning matters.

With focus on both legal and financial aspects, this webinar will equip lawyers with knowledge on how best to advise rural and farming clients according to their individual needs when planning their future, that of the farm and their children.

Who should attend?Junior to intermediate rural lawyers and property lawyers of any level who may occasionally be involved with advising rural (including farming) clients on succession planning matters.

Presenters: Warwick Deuchrass, Partner, Anderson Lloyd, Queenstown; John Adams, Director – Tax, KPMG, Hamilton

Wednesday, 20 May 2015 | 12pm – 1pm


1 CPD HOUR

The Sentencing Amendment Act 2014: The New Restorative Justice RegimeRestorative justice (RJ) opportunities have been expanded under new provisions of the Sentencing Act 2002. This impacts significantly on the court system and on lawyers’ day-to-day dealings with their clients and other stakeholders. This webinar provides key information about this new sentencing consideration (which is mandatory in certain circumstances) and guidance for how lawyers can best represent their clients.

Learning Outcomes• Become aware of the nature and purpose of the amendments, the consequences for clients generally and implications for those on legal aid.

• Become better equipped in advising clients about RJ practices and processes, including opportunities for Maori clients and victims.

• Receive guidance on how to anticipate and manage potential delays within the court system which may arise through the new RJ regime.Who should attend?Those practising in criminal law. Litigators involved in health and safety prosecutions and family lawyers who advise on domestic violence matters may also benefit from attending.

Presenters: Helen Bowen, Barrister & Youth Advocate; Rosie Abbott, Lawyer, Public Defence Service

Wednesday, 27 May 2015 | 12pm – 1pm

At your desk or on your portable

device

1 CPD HOUR

Making Money from IP: The Ins and Outs of Licence Agreements Given the innovative nature of business and technology today, the chances are high that clients may seek legal advice on strategies to leverage off their potentially valuable intellectual property. An understanding of how IP may be commercialised and the intricacies of licence agreements is essential for commercial lawyers and general practitioners advising both large and small business clients in today’s world.

Learning Outcomes• Become more confident in identifying and understanding the different types of IP and how they may be licensed.

• Develop a better understanding of licence agreements and those aspects of such agreements requiring special attention when drafting, particularly grant clauses.

• Receive guidance on matters to consider when more than one jurisdiction is involved in an IP licensing matter.

Who should attend?Commercial lawyers and general practitioners who advise clients on business matters.

Presenters: Allan Bowie, Partner, Bowie Yorke; Scott Yorke, Partner, Bowie Yorke

Wednesday, 10 June 2015 | 12pm – 1pm


1 CPD HOUR

Financial Arrangements Rules: They Aren’t That Scary! The Financial Arrangements Rules (FAR) consist of just over 50 pages of legislation and some general determinations, but for some practitioners the regime may seem scary. The FAR are, however, largely based on commercial and economic principles.

Learning Outcomes• Understand what the FAR are trying to achieve and why they were put in place.

• Know what falls within and outside of the regime.

• Learn how to measure and then spread the consideration flows under a financial arrangement.

Who should attend? Intermediate to senior commercial lawyers, and general practitioners wishing to increase their tax law knowledge. Accountants and receivers may also benefit from attending.

Presenter: Paul Hale, Principal Advisor - Financial Arrangements, Inland Revenue

7. 10 hour 8. On demands6. Webcast5. Forum

1. Seminar 2. Webinar 3. Workshop 4. Conference

Webinar



Webinar



Webinar



Webinar

ISSUE 14, 15 MAY 2015

Selected CPD CPDTo view all ADLSI CPD & register: www.adls.org.nz/cpdEmail us: [email protected] Phone us: 09 303 5278

CPD in Brief

Construction Law: Recent & Imminent Legislative Developments Tue, 9 June 2015 | 4pm – 6.15pmThis seminar will focus on the changes and how best to advise clients in dealing with the new and proposed regimes. Comprehensive new requirements relating to residential construction came into force on 1 January; and the long-awaited amendments to the Construction Contracts Act, including the likely new rules in respect of trust obligations for securing retentions, are finally coming to fruition.

Presenters: Geoff Hardy, Principal, Madison Hardy; Lisa Curran, Senior Associate, Simpson Grierson; Edward Scorgie, Partner, Chapman Tripp Chair: Geoff Hardy, Principal, Madison Hardy

Cartels or Lawful Collaborations? What Your Clients Need to Know Thurs, 18 June 2015 | 4pm – 6.15pmSignificant amendments to the Commerce Act 1986 are wide-ranging and mean your business clients will need to review their agreements and relationships with competitors to ensure they do not breach the revamped cartel regime.

Presenters: Katie Rusbatch, Manager, Competition, Commerce Commission; David Blacktop, Principal Counsel, Competition, Commerce Commission; Alan Lear, Barrister Chair: Geoff Hardy, Principal, Madison Hardy

Drafting Better Pleadings Wed, 24 June 2015 | 12pm – 1pmThe ability to draft pleadings well is a core skill of any litigator and increasingly so given that pleadings have recently been re-introduced to the District Court. This webinar provides an opportunity for litigators to receive practical guidance from the Bench.

Presenter: The Honourable Justice Duffy

Self-Represented & Vexatious Litigants – Civil Cases: Judicial Perspective & Practitioner’s Dilemma Wed, 29 July 2015 | 1pm – 2pmCivil litigators need strategies and skills to deal with increasing numbers of self-represented High Court litigants. This webinar provides invaluable insights into the Court’s role and how it identifies and balances the interests at play. Civil litigators will also learn how to advocate effectively against self-represented persons. Presenters: The Honourable Justice Wylie; Noel Ingram QC

ADLSI LIVE STREAMINGBringing seminars to you,

wherever you are.Visit www.adls.org.nz/CPD

CPD On Demand

Briefing PsychologistsThe evidence of mental health experts can be vital to obtaining a successful outcome for a client, whether in the mental health, family or criminal contexts. This webinar is designed to enable you to work more effectively with psychologists.

Presenters: Kate Leys, Barrister; Dr Jon Nuth, Registered Clinical Psychologist and Neuropsychologist

Plain English for Lawyers This On Demand webinar distils some key principles of plain English into a digestible one-hour session, complete with examples and exercises, which you can complete in your own time.

Presenter: Dr Bronwen Innes, linguist, plain language consultant, expert witness, editor

CPD Pricing

Delivery Method Member Pricing Non-Member Pricing

Webinar $75.00 + GST (= $86.25 incl. GST) $95.00 + GST (= $109.25 incl. GST)

Seminar (in person) $125.00 + GST (= $143.75 incl. GST) $180.00 + GST (= $207.00 incl. GST)

Seminar (live stream) $125.00 + GST (= $143.75 incl. GST) $180.00 + GST (= $207.00 incl. GST)

On Demand (1-hour recording) $85.00 + GST (= $97.75 incl. GST) $110.00 + GST (= $126.50 incl. GST)

On Demand (2-hour recording) $95.00 + GST (= $109.25 incl. GST) $130.00 + GST (= $149.50 incl. GST)

For group bookings for webinars & CPD On Demand, see the ADLSI website at: www.adls.org.nz/cpd/help-and-faqs/group-bookings/.











On Demand



On Demand



Webinar



Seminar



Live stream



Seminar



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Webinar

ISSUE 14, 15 MAY 2015

In 2015, Auckland firm Hesketh Henry celebrates its 150 year anniversary. Two respected central city firms, Hesketh Richmond and Wilson Henry, merged in 1987 to form the current partnership.

Hesketh Richmond can be traced back to 1865 when Thomas Gillies moved from Otago and set up practice with John Richmond.

Mr Gillies had a forceful personality and was a real character and one of Auckland’ s earliest streets, Gillies Ave, is named after him.

When Mr Gillies left in 1869 to become the superintendent of Auckland (he was later also a High Court judge), Edwin Hesketh joined and Hesketh Richmond was formed.

Edwin Hesketh was a staunch supporter of St Mark’s Church in Remuera and held various roles within it including Chancellor of the Diocese and Church Organist. In 1879, he and his family donated two stained glass windows named “Hope” and “Faith” which have endured to this day. The Anglican Church remains a very important client of the firm.

Hesketh Richmond was initially located in Shortland Street where there has always been a strong concentration of lawyers and a strong sense of collegiality between them. The population of Auckland at that time was about 12,000 and the firm was one of the first on the new telephone exchange, allocated number “16”.

Wilson Henry started in 1924 when George Paton (“GP”) Finlay moved from Te Kuiti and set up practice with Alec Wilson. When GP moved to the bench in 1943, Mr Wilson joined with

Trevor Henry Frederic McCarthy and Wilson Henry McCarthy was formed. The firm was located in the Gifford Building in Vulcan Lane, very close to Shortland Street.

The 1987 merger brought together the strong litigation and commercial practices of Wilson Henry and Hesketh Richmond respectively. The chemistry worked and the firm grew quickly into the full service firm that it remains today.

Over the years the firm has produced at least seven judges, at least six Presidents of the Auckland District Law Society, and serviced high profile Auckland, New Zealand and International entities including Smith and Caughey, the Anglican Church, Sovereign Insurance, The Warehouse, Vero and AIG.

To commemorate 150 years (technically known as a sesquicentennial), Hesketh Henry is preparing displays and materials for its premises, placing articles in different publications and holding several staff and client functions.

+ News from the profession

Auckland firm celebrates 150 years

The firm of Hesketh Richmond in 1890

Hesketh Henry today

The fifth annual Indian Newslink Sir Anand Satyanand Lecture will be held on Monday July 27 2015 at the Pullman Hotel in Auckland.

The theme of this year’s lecture is “The Role of Women in Governance”.

Jan Dawson (Chairperson of Westpac and Deputy Chairperson of Air New Zealand) will be the guest speaker.

Dr Susan Macken (Director of BNZ and Member of the Treasury) will be the Master of Ceremonies.

Ranjna Patel (Director of East Tamaki Healthcare and Director of Bank of

+ Event

Sir Anand Satyanand lecture – “The Role of Women in Governance”

Baroda) will recapitulate the proceedings with “Reflections”.

Tickets are priced at $140 (plus GST) per person and tables seating 10 persons at $1400 (plus GST) per table are available.

Date: Monday July 27 2015

Time: Cocktails from 6:30pm to 7:30pm, followed by dinner and speeches until 9:30pm

Venue: Pullman Hotel, Auckland

Dress code: Black tie for men and evening dress for women

Radio Tarana and Relianz Forex Limited are Title Sponsors of this event.

For further details please contact 021 836 528 or email: [email protected]. LN

The firm relocated to the PwC tower on Quay St in 2013 and is set to flourish for at least another 150 years in the heart of the city. LN

ISSUE 14, 15 MAY 2015

Continued from page 2, “The new restorative justice regime”

Impact on courts

Some lawyers are not supportive of the mandatory nature of the amendments. In some regions, there have been bottlenecks for courts in terms of the larger numbers of referrals. Lawyers have complained to the media about the pressure and backlogs in some areas.

The effect of the increase in referrals has put a lot of pressure on some provider groups in some courts. The law changes require an assessment of suitability to be made in all cases as well as reminding facilitators and court staff that the process is voluntary. WorkSafe prosecutions also come under the umbrella of appropriate referrals for the restorative process.

To a large extent, these teething issues have resolved, but it is fair to say that the process has been unsatisfactory for many lawyers during this “bedding in” phase. Where there are multiple victims there are (and will still be) longer delays. There currently is no mechanism for a shortened assessment process for defendants in relation to whom RJ is inappropriate and for charges such as commercial shoplifting where an apology and reparation could be fast-tracked. This is being worked on by some providers.

The MOJ is closely monitoring the impact of the changes and has been working with provider groups and courts and doing its best to ensure the aims of the legislation are achieved.

Conclusion

The changes are positive for victims who wish to meet with the offender and where the offender is prepared to be held to account. This is good news

WILL INQUIRIES LAW NEWSThe no-hassle way to source missing wills for

$80.50 (GST Included)Email to: [email protected]

Post to: Auckland District Law Society Inc.,PO Box 58, Shortland Street, DX CP24001, Auckland 1140

Fax to: 09 309 3726 For enquiries phone: 09 303 5270

+ Wills

Please refer to deeds clerk. Please check your records and advise ADLSI if you hold a will or testamentary disposition for any of the following persons. If you do not reply within three weeks it will be assumed that you do not hold or have never held such a document.

Adrieane Ros Landry BACHTIAR (also known as Sallie Landry BACHTIAR), late of Suren 1 No. 12 RT/RW 002/006, Rawa Barat, Kebayoran Baru, South Jakarta, President Director of PT Limas, Aged 45 (Died 22’02’2015)

Brenda Lee GREEN, late of 63 Weymouth Road, Manurewa, Auckland (Died 27’02’2015)

Helena May LAWRENCE, late of 17 Ngarimu Road, Panmure, Auckland, Aged 83 (Died 05’04’2015)

Isobel Alice STACEVICIUS, late of Unit 3, 127 Wallace Road, Papatoetoe, Auckland, Retired, Aged 86 (Died 02’03’2015)

Tonga TALAKAI nee VAITOHI, late of 604 Massey Road, Mangere, Auckland, Housewife, Aged 64 (Died 02’03’2015)

Book your next meeting or event at Chancery ChambersLet Chancery Chambers look after your next meeting or event.

With four distinct meeting rooms suitable for planning sessions, board meetings and workshops, plus a stunning Rooftop Terrace available to book for drinks at the end of a session, or as a venue for cocktail parties, team drinks, Christmas parties and weddings,

we’ve got you covered.

Located in the heart of Auckland CBD’s legal district, in a heritage building, Chancery Chambers has a dedicated floor for meeting rooms, supported by an

experienced venue co-ordinator to ensure your event runs smoothly. Full catering services and equipment hire are also available.

Discounted rates are available for ADLSI members, upon enquiry.

For further information on room capacities, pricing and catering options, visit our website www.adls.org.nz or contact us to discuss your requirements on

(09) 303 5270 or email [email protected]. Bookings are subject to availability at time of enquiry.

for the criminal justice system. It is hoped that the “bedding in” phase is over and that lawyers utilise the opportunity of restorative justice when appropriate for their clients.

Helen Bowen is a criminal barrister, youth advocate and AODTC lawyer. In 2000 (with Jim Boyack) she was contracted by the then Department for Courts to provide training for 80 community restorative justice facilitators in four courts in New Zealand. Since then, she has provided RJ training services nationally and internationally, including working with the Thames Valley Police in London and community groups in Northern Ireland. She continues to provide professional development and supervision with Auckland RJ provider groups and specialises in the area of Health and Safety RJ conferences in WorkSafe prosecutions. Ms Bowen has worked with Rosie Abbott as part of the RJ community at Hoani Waititi Marae.

Rosie Abbott became involved with Te Whanau Awhina in 1995 when it was part of a pilot programme to trial restorative justice in the adult criminal jurisdiction. Ms Abbott worked as administrative support and as a panel member of the programme during that time. She coordinated the Te Whanau Awhina Marae restorative justice programme from 2005-2009 in the Waitakere District court and facilitated conferences on marae and in the community. She spent three years as police prosecutor and held the role as restorative justice liaison during that period and managed the Justice Services at Te Whanau o Waipareira and Hoani Waititi Marae. Ms Abbott is now working with Public Defence Service as a lawyer but also continues to work with both Te Whanau Awhina and Waitakere Restorative Justice programmes. LN

ISSUE 14, 15 MAY 2015

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We are looking for a natural leader who can supervise a team of several solicitors and relate well to a diverse client base. The successful applicant will have uncompromising and exacting standards and be motivated and ambitious. Effective communication skills and meticulous attention to detail are essential.

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COMMERCIAL SOLICITOR• Great work/life balance • Excellent career opportunities• Suburbanoffices • InterestingmixofqualityworkWe are a two partner law firm in Blockhouse Bay. We seek an intermediate commercial solicitor with 5 - 7 years PQE in general commercial law to join our team.The work on offer is interesting and varied with a focus on commercial transactions, business sales, construction contracts, business restructuring, trusts and leasing.Excellent drafting skills and experience managing complex transactions will be required. You will be interacting directly with clients on a daily basis so the ability to work successfully with a broad range of clients is essential.We offer a relaxed and supportive environment and competitive remuneration.Ifyouareinterestedinjoiningourfriendlyteampleaseemailinstrictestofconfidencewithyourapplicationtokdeane@baylawoffice.co.nz or post to BayLawOffice,POBox48042, BlockhouseBay,Auckland1142.

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