How I survived the death of my business partner - Stevens Orchard
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I S S U E 9 0 9 · A ugust 2 0 1 7
How I survived
the death of my
business partner
BY C L A U D I A K I N G
AML/CFT – Equity vs Complaints What is
Grappling non-equity continue to a Social
with phase 2 partners decline Enterprise?
Page 58 Page 44 Page 50 Page 34
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Gerard Dewar, Louise Sziranyi,
Gerard Letts and Daniel Vincent
are pleased to advise that on 1 July
2017 they were joined in partnership
by Clare Stanley and Matt Freeman.
LAWYERS
New Partners
Clare and Matt have had long associations with the firm.
UPCOMING Clare Stanley
COURSES IN AUGUST Clare’s particular areas of
expertise are property and local
DATE COURSE PRICE* government law, criminal law and
22 Aug Māori Pronunciation & Greetings $345 civil litigation.
24 Aug Opportunities in the Māori Economy $460
31 Aug Understanding Millenials $345 Matt Freeman
*Prices include GST Matt’s particular areas of expertise
Workshops Held at The College of Law, Level 8, College are in all areas of litigation,
specialising in civil litigation,
of Law Centre, 3 City Road, Auckland
relationship property and trust
litigation.
B O O K T O D AY F O R T H E S E P O P U L A R C O U R S E S
Thomas Dewar Sziranyi Letts
Call (09) 300 3151 PO Box 31-240, Lower Hutt
Email cle@collaw.ac.nz Phone: (04) 570 0442 Fax: (04) 569 4260
Visit www.collaw.ac.nz www.tdsl.co.nz
24
9
People in the law 30 · Thinking about the children
6 · Overcoming gunpoint when dividing relationship
negotiation as a lawyer in property ▹ BY HELEN TYREE
Iraq ▹ BY NICK BUTCHER AND MCKENZIE COX
8 · On the move 32 · New Act has changed the
liability landscape for rural
13 · NZLS at a glance fires ▹ BY VERONICA CRESS
34 · What is a Social
17 · Letters to the Editor Enterprise? ▹ BY STEVEN MOE
36 · The WJP Rule of Law Index
Update 38 · Species-altering technologies
68
62 20 · ACC and appeals to the need law fit for purpose ▹ BY
Supreme Court ▹ BY DON RENNIE LYNDA HAGEN
21 · A New Land Transfer
Act ▹ BY THOMAS GIBBONS Mediation
22 · Bank on change ▹ BY 39 · Better Conversations
TINA MITCHELL Part 2 ▹ BY PAUL SILLS
24 · America's Cup 2017 ▹ BY
JOHN WALTON Cover story
26 · Commerce Commission takes 40 · How I survived the
steps to protect consumers death of my business
from certain third-tier partner ▹ BY CLAUDIA KING
lenders ▹ BY HANNAH MUSGRAVE
29 · Plants, Copyright and Practice
Wine ▹ BY DOUG CALHOUN 44 · Equity vs non-equity
88
64 partners ▹ BY EMILY MORROW
A B O U T L AW TA L K S U B S C R I P T I O N S A N D C I R C U L AT I O N
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Contents
46 · Why lawyers shouldn’t 62 · How money can be 72 · Watch out for those scam
fear commoditisation ▹ BY laundered ▹ BY NICK BUTCHER apps ▹ BY ANGHARAD O’FLYNN
MICHAEL SMYTH
47 · Why provisional tax ain’t so Pro Bono Legal information
bad now ▹ BY CHRIS CUNNIFFE 63 · Wide range of projects for 74 · Privacy Law in New Zealand, 2nd
Kensington Swan pro bono edition ▹ REVIEWED BY MARIA POZZA
The New Lawyer team ▹ BY CRAIG STEPHEN
49 · You, human lawyer, are Classifieds
allowed not to know Focus on 75 · Will notices
things ▹ BY KATIE COWAN 64 · The West Coast ▹ BY 76 · Legal jobs
KATE GEENTY 79 · CPD Calendar
Complaints
50 · Complaints against lawyers Learning and Lifestyle
continue to decline development 82 · The America’s Cup and its
51 · Common themes in complaints 68 · Family Law Conference colourful relationship with the
against lawyers about keeping lawyers one step courtroom ▹ BY NICK BUTCHER
Conveyancing ▹ BY LISETTE SOLIS ahead ▹ BY SONJA DE FRIEZ 84 · New Orleans Good times and
54 · Lawyers Complaints Service 68 · NZLS signs MOU with better times ▹ BY JOHN BISHOP
Open Polytechnic 87 · New Zealand Legal
AML/CFT Crossword ▹ SET BY MĀYĀ
58 · Hang on: help is on its way Technology
for lawyers ready to grapple 70 · Video recruitment tool Spotlight on
phase two ▹ BY NICK BUTCHER developed by former 88 · Locations ▹ BY GEOFF ADLAM
61 · What Internal Affairs is lawyer ▹ BY NICK BUTCHER
planning ▹ BY NICK BUTCHER 71 · NoticeMATCH checks 90 · Tail-end
deaths against client
database ▹ BY CRAIG STEPHEN
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P E O P L E I N T H E L AW A ugust 2 0 1 7 · L AW TA L K 9 0 9
to negotiation, mediation, commu-
nication and storytelling through
spending a lot of time telling other
people’s stories in a courtroom
helped me in what was probably
one of the highest pressure situa-
tions you could find yourself in,”
she says.
With the gun at her head both
the instinctive legal and military
training she had took over.
“You have to dig deep and remain
calm and focused on what you’re
doing, otherwise several lives
including my own could have been
in jeopardy. I wasn’t equipped for
this, having not had any formal
hostage negotiation training.
“Survival instinct also plays a part
in these situations and until that
day I was unaware how profound
it was,” she says.
PEOPLE IN THE LAW
PROFILE The importance of
human connection
Overcoming
Normally with litigation situations,
Rabia Siddique says lawyers already
have some training to take the
gunpoint negotiation
human connection and emotion
out of the process.
“We talk about putting on our
as a lawyer in Iraq
lawyer’s hats which traditionally
meant taking the emotion away and
being sterile in our approach. We
associate professional with almost
being cold and strategic but the
BY NICK Iraqi situation reminded me that
BUTCHER there is room to maintain some
A unique story humanity and personal connec-
It involved the detention of two British SAS soldiers tion in our work. Never lose sight
Irrefutably one of the best at a police compound in the city of Basra, who were of what people you’re representing
skills a lawyer will ever take to a dressed in local attire. They were carrying out a covert are going through in that it is real
meeting is excellent negotiation investigation of that police force over allegations of and important,” she says.
skills, but imagine having to use infiltration by Shiite militants who were apparently Ms Siddique remained calm and
those skills to negotiate the release taking vigilante revenge against Sunnis. was slowly resolving the situation
of yourself and two soldiers in a Rabia Siddique was sent to the police headquarters by explaining to the Iraqi chief
deteriorating war zone. to secure the release of the soldiers. legal officer in the station that it
Australian-based criminal and She was the second-choice negotiator. The British was illegal to detain British soldiers
human rights lawyer Rabia Siddique Army’s first option was rejected by an Iraqi judge who under an accord agreed between the
was a guest speaker at the In-house said he would only deal with Rabia Siddique as he felt Iraqi Provincial Government and the
Lawyers Association of New Zealand she was a lawyer he could trust. coalition forces.
conference, held in May. However, it soon become apparent that this was a But the situation outside the com-
Her story of an experience she very tense and dangerous situation. pound took a violent turn with mili-
had as a military lawyer for the Ms Siddique soon found herself on her knees with the tants storming the facility after they
British Army in Iraq in 2005 was cold tip of an AK47 pressed into her forehead. were fed false information by police
both compelling and inspirational. “The training and skills I had as a lawyer in relation that the detained SAS soldiers were
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L AW TA L K 9 0 9 · A ugust 2 0 1 7 P E O P L E I N T H E L AW
and expertise and strength to the table and you should
take time to listen to what value they bring. That’s when
you realise you don’t have to do everything and you’re
not in this alone, and a collection of minds and talent
has such potential to yield great results,” she says.
Once her ordeal was over and they were all back
at base, there was little appetite for Rabia Siddique’s
version of the story at the police compound, yet she had
been intensely involved in negotiating their release and
wanted recognition for her part in the crisis.
The battle for equal status
She says there are parallels between her fight for recog-
nition and that of the battle some women in law have to
gain senior status in law firms, such as making partner.
“The decision to write me out of the incident was a
political one. With regard to what is happening in our
profession and the challenges women have, I think it has
a lot to do with the culture. We are still a very traditional
and conservative profession,” she says.
Ms Siddique says conservatism in the legal sector
limits opportunity for diversity of thought and inno-
vative approaches.
“It’s that culture which is driving some women to
leave the profession because the battle gets too hard
and exhausting and they realise they don’t want to do
it anymore. It’s a tragedy because we will lose talent
and a pool of expertise. We need to challenge this and
if so change our narrative and perspectives in relation
to how we regard ourselves as a profession.”
She says diversity is broader than just gender and
includes age, experience and cultural diversity.
“Better understanding and embracing diversity in its
Israeli spies, making them a target broadest sense will only improve and strengthen the
for reprisal attacks by both Shiites legal profession,” she says. ▪
and Sunnis who despised Israel.
The militants stormed the com- Rabia Siddique is the author of a memoir, Equal
pound and briefly took control of Justice, My Journey as a Woman, a Soldier and a
the situation before Rabia Siddique’s Muslim (Macmillan, 2013). Rabia is holding an all-day
captors regained the upper hand. leadership workshop for NZLS CLE Ltd in Auckland
Eventually, after a further tense (19 September) and Wellington (20 September).
stand-off, and the threat of exe-
cution, negotiations between the
governor of Basra and the British
consul-general secured their release.
Team-work in
challenging situations
Reflecting on that experience, Ms Legal Accounting Bureau · Save time and money Kathy Kell
Siddique says the legal profession provides comprehensive, · Always know your trust account kathy@accountingbureau.co.nz
accurate, efficient and timely is balanced and your month end
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P E O P L E I N T H E L AW A ugust 2 0 1 7 · L AW TA L K 9 0 9
PEOPLE IN THE LAW
ON THE MOVE
Pheroze Jagose Solomons acquires law firms in Christchurch and Dunedin
appointed to High Court new staff before joining Solomons.
Charlotte Carr has joined as a solicitor.
Wellington barrister Pheroze Jagose A number of new staff have joined Dunedin Admitted in 2015, Charlotte has worked
has been appointed a firm Solomons from another Dunedin- primarily in dispute resolution, including
Judge of the High Court based firm. civil litigation, relationship property and
and will sit in Auckland. Amy Marslin has joined employment law. She will continue with
Justice Jagose graduated as a partner, specialising the same in combination with general
LLB from the University in property, commercial, practice.
of Auckland in 1987 and trusts, estate planning Feifei Zhou, law clerk who is studying
MA in international and mental health law. law at the University of Otago has also
relations from Lancaster Admitted in December joined along with PA Shelley Ross. Feifei
University, England. He was admitted in 2002 after graduating is fluent in English and Mandarin and holds
September 1988 and initially worked as a from the University of a degree in environmental science from
legal officer at the Northern Government Otago Amy joined another Dunedin firm Anhui University in China. Shelley has
Officers’ union and the New Zealand and became a partner there in 2011 before worked in Otago law firms for 28 years.
Air Line Pilots’ Association. He joined joining the Solomons partnership in June
Chapman Tripp in 1995 and became a part- 2017. She has acted as a court appointed Barristers set up at
ner in 2000. Justice Jagose commenced Counsel for Subject Persons for 9 years. Left Bank Chambers
practice as a barrister sole in February Dick Crush has joined
2016, specialising in competition and trade as a partner, specialising Richard Johnstone and Grant Slevin have
practices as well as company, securities, in property, commer- together set up as barristers at Left Bank
employment, public and administrative cial, rural law, trusts Chambers, 8/18 Bernard Street, Addington,
law. and estate planning. Christchurch.
Dick graduated from Richard Johnstone retired from partner-
Gerard van Bohemen the University of Otago ship at Wynn Williams on 31 May 2017 after
appointed to High Court and was admitted in over 27 years. His areas of practice remain
December 1975. A former Air New Zealand civil litigation and disputes – primarily
New Zealand’s United Nations Permanent director he has also worked as State insurance, construction, cyber and general
Representative Gerardus (Gerard) Solicitor in Samoa and has extensive commercial – and professional standards
Jacobus van Bohemen has been experience as a litigator. and liability.
appointed a Judge of the High Court. Michaela Ryan has Grant Slevin was a member of Wynn
Justice Bohemen graduated BA, LLB(Hons) joined as a partner, Williams’ insurance law team before
from Victoria University of Wellington and specialising in dispute becoming a senior investigating solicitor
practised at Russell McVeagh for two years resolution, litigation, at the Christchurch office of the Insolvency
before moving to Buddle Findlay where employment and and Trustee service. He is co-author of The
he spent eight years and became a part- relationship property. Law of Insolvency in New Zealand, and his
ner. He then practised at Chen Palmer & Michaela was admit- practice focus will be insolvency and debt
Partners in Wellington as a partner. Justice ted in May 2002 and recovery, trusts, estates and general civil
Bohemen specialised in environmental returned to New Zealand in 2014 from the litigation/dispute resolution.
law and resource management and civil Channel Islands where she was a senior
litigation. He became Director of the associate with Mourant Ozannes. She is an Elizabeth Longworth
Legal Division of the Ministry of Foreign experienced litigator and has appeared in appointed to FMA
Affairs and Trade in 2005 and was subse- the District and High Courts and a range
quently appointed Deputy Secretary for of tribunals. Former New Zealand lawyer Elizabeth
Multilateral and Legal Affairs. In 2015 he Rob Pile has joined as Longworth has been appointed to the
was appointed New Zealand’s Permanent a solicitor, practising in Financial Markets Authority for a three-
Representative to the United Nations the areas of property and year term. She replaces outgoing FMA
and led New Zealand’s mission during commercial law, rural board member Shelley Cave, who has
its two-year term as a non-permanent transactions, trusts and been a member since 2011. Since 2003
member of the Security Council. He will estate planning. Rob was Ms Longworth has held a number of
sit in Auckland. admitted in December senior leadership positions in the United
2013 and practised with Nations.
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David Gubb appointed Rights Commission’s Disability Rights Copeland Ashcroft Law
Associate Commissioner on 31 July, replacing Paul promotes two lawyers
Gibson. Ms Tesoriero holds an LLB, BA
David Gubb has been and Postgraduate Diploma in Public Copeland Ashcroft Law has made two
appointed Associate Management, and was General Manager, recent promotions.
at Mount Maunganui Systems and Partnerships with Statistics Carolyn Moffat has
firm Beachside Legal. New Zealand from February 2016. been promoted to
David was admitted in senior solicitor. After
2004 after graduating Alexandria Till Harkness completing her law
from Otago University. Henry Senior Associate degree at the University
He joined the firm in of NSW in Sydney she
2016 after moving from Harkness Henry has joined the firm in March
Hamilton and has also worked in Te Aroha, appointed Alexandria Till 2015, working in the
Tauranga and London. David specialises in a senior associate in the Queenstown office. Before studying law
property and commercial law. RMA, Employment and Carolyn worked in HR Management roles
Alcohol Licensing team. in New Zealand, and overseas. She provides
Fulbright Award for Alexandria is a specialist advice and guidance to both employers and
Wellington lawyer employment lawyer and employees on a wide range of employment
worked exclusively for law and health and safety matters.
Buddle Findlay solicitor employers in her previous in-house role, Rebecca Laney has
Lottie Boardman has but now welcomes clients from both sides been promoted to
been awarded a Fulbright of the table. She moved to employment law senior solicitor. Rebecca
Science and Innovation after time spent in the dispute resolution completed law and psy-
Graduate Award. The group of a large multinational firm in the chology degrees at the
award will assist her to United Arab Emirates. University of Otago and
study towards a Masters joined the firm in May
of Environmental In-house lawyer on 2013, initially working
Management at Yale’s financial advice code in the Invercargill office but now based
School of Forestry & Environmental Studies working group in the Dunedin office. She offers advice and
in Connecticut, United States. Lottie starts guidance to both employers and employees
her two year programme at Yale in August Auckland in-house lawyer Graeme on a wide range of employment law and
2017. Edwards is one of nine people appointed health and safety matters.
by Commerce and Consumer Affairs
New Partner at Minister Jacqui Dean to a working group New staff join
Hesketh Henry to develop the new code of conduct for Fonterra legal team
financial advice. Mr Edwards is General
Hesketh Henry has Counsel and Company Secretary at ASB Jackie Floyd has joined
promoted Helen Bank. Fonterra’s legal team as
Macfarlane to partner. General Counsel – Group
Helen was admitted as Former lawyer to lead Functions and Farm
a barrister in London Expo 2020 involvement Source. Jackie was previ-
before moving to New ously Associate General
York to work as a litiga- Former lawyer Clayton Kimpton has been Counsel at Vector Ltd.
tion attorney for 15 years. appointed New Zealand’s Commissioner- Before joining Vector
She joined Hesketh Henry in August 2007 General to Expo 2020, which will be held in she was a principal at Chapman Tripp,
as a senior associate in the role of special Dubai, United Arab Emirates. Mr Kimpton where she worked across a broad range
counsel. Helen works in insurance, con- was a partner at Kensington Swan and of corporate and commercial law areas.
struction law and commercial property chairman of the firm for eight years. He was Jackie was named New Zealand In-House
disputes. appointed Regional Director India, Middle Lawyer of the Year at the
East & Africa with New Zealand Trade and 2016 ILANZ In-House
Disability Rights Enterprise in 2013, and Consul-General to Law Awards.
Commissioner appointed Dubai and Northern Emirates before his Luke Facer has
current role. joined the team as
D i s a b i l i ty a d vo c a t e a n d f o r m e r General Counsel –
Paralympian Paula Tesoriero took up a Global Consumer and
three-year appointment as the Human Foodservice. Luke joined
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P E O P L E I N T H E L AW A ugust 2 0 1 7 · L AW TA L K 9 0 9
Fonterra from Orion Health, where he was WRMK Lawyers Promotions at Baldwins
General Counsel and Company Secretary appoint new Director
and Vice President-Asia. Luke started his Baldwins has promoted three staff in their
career working in the legal team at Gen-i W R M K L aw ye r s i n Auckland and Wellington offices.
focusing on ICT procurement, before Whangarei have Kate Giddens of the
spending six years working in private appointed a new firm’s Wellington office
practice at Russell McVeagh in Auckland director. Chris Taylor has been promoted to
and Cravath, Swaine & Moore in New York. graduated and was senior associate. A bar-
admitted to the bar in rister and solicitor, Kate
Scott Wight becomes 2005. In 2010, he joined specialises in trade mark
Gascoigne Wicks partner the WRMK business protection, management
department. Chris handles corporate and and enforcement. Kate
Blenheim firm Gascoigne business legal matters, including securi- works with clients across a range of indus-
Wicks has appointed ties, capital raising, funds management, tries including those in the automotive,
Scott Wight a Partner. contract negotiation and drafting, finance, entertainment, food and beverage, sports-
Scott was admitted in joint ventures, limited partnerships, and wear and telecommunication industries.
February 2006 and has other general business law. Dr Victoria Argyle
worked with the firm has been promoted to
since shortly after his McKenzie Cox now associate at the firm’s
admission. He works in solicitor at McWilliam Auckland office. Victoria
the commercial and conveyancing area. Rennie Lawyers specialises in specialist
chemistry and life-
Rachael Schmidt- McKenzie Cox has been sciences and provides
McCleave new promoted to solicitor at patent advice to clients
censorship President Wellington family law operating in the chemical and biotech-
specialists McWilliam nology industries; freedom to operate,
Wellington barrister Rachael Schmidt- Rennie. McKenzie gradu- prosecution of New Zealand and Australian
McCleave has been appointed President ated from the University patent applications, and advising clients
of the Film and Literature Board of Review. of Waikato in December on infringement and patentability issues.
She succeeds former President Kate 2016 with an LLB and Harriet Tregonning is
Davenport QC whose term has expired. was admitted in the Hamilton High Court also a new associate in
Ms Schmidt-McCleave was admitted in in June 2017. She practises in family and the Baldwins’ Auckland
1996 and worked at Chen Palmer and criminal law, and has a particular interest office. Harriet is a reg-
Russell McVeagh before spending time in in relationship property, care of children istered patent attorney
London. On her return she worked at the and domestic violence proceedings. and her main practice
Crown Law Office from 2002 to 2011 and areas are in the fields
then Minter Ellison Rudd Watts before Melissa Bourke appointed of biotechnology, agri-
joining the independent bar in 2014. She Innes Dean Tararua cultural technologies, and animal and
has extensive experience in public law and Law Ltd director human health. She also handles prosecu-
judicial review and is an AMINZ Associate. tion of patent applications and resolution
Melissa Bourke has of disputes before the New Zealand and
Cameron Russell been appointed a direc- Australian patent offices.
promoted tor of Manawatu law
firm Innes Dean Tararua Deputy Banking
Tauranga firm Cooney Law Ltd. Melissa joined Ombudsman –
Lees Morgan has pro- the firm in 2012 and has Prevention appointed
moted Cameron Russell experience in the areas
to senior associate. After of property, relation- Tina Mitchell has been
joining CLM in 2010 ship property, estates and trusts with a a p p o i n t e d D e p u ty
Cameron was admitted special interest in elder law and mental Banking Ombudsman
shortly thereafter before incapacity. She sits on the Manawatu – Prevention for the
moving to Auckland Lawyer for Subject Person Panel and the Banking Ombudsman
in 2012. He spent some time working in Manawatu branch of the New Zealand Scheme. Tina was admit-
Sydney for two law firms before return- Law Society. Melissa also educational ted as a barrister and
ing to CLM in 2016. Cameron specialises seminars for local medical practitioners solicitor in 1995 and has worked in a range
in residential, office, retail and industrial on the developments in the law regarding of resolution and leadership contexts over
property development and construction. mental incapacity. the last 20 years, including private practice,
10L AW TA L K 9 0 9 · A ugust 2 0 1 7 P E O P L E I N T H E L AW
regulatory services, policy and advisory Katrina Hammon Sefton Powrie now
roles. Her role at Deputy Ombudsman is to becomes partner at Grove Darlow associate
capture prevention insights from customer Duncan Cotterill
trends and sector developments, and share Auckland firm Grove Darlow & Partners
those to encourage best practice by banks Katrina Hammon has appointed Sefton
and informed decisions by customers. has become a partner Powrie an associate.
in Duncan Cotterill’s Sefton graduated
Minter Ellison Rudd Watts Auckland office. She from the University of
promotes five lawyers specialises in franchis- Canterbury and was
ing, distribution and admitted in 2014. He
Minter Ellison Rudd Watts has announced licensing with a par- joined the firm’s litiga-
the promotion of five lawyers into senior ticular focus on retail, tion department in 2015.
positions. intellectual property, network growth and
Charlotte Carey has international expansion. Before joining Wynn Williams
become a senior associ- Duncan Cotterill Katrina was the senior promotes two lawyers
ate in the Banking and legal counsel at SumoSalad Group and a
Financial Services team senior associate at global firm Norton Rose Sinead Hart has joined Wynn Williams
in Wellington. Charlotte Fulbright where she spent just under four corporate and commercial team in the
joined the firm as a years as part of its Sydney practice. Auckland office as a senior associate. She
senior solicitor in 2014 has over 15 years’ international legal expe-
from a boutique law Kensington Swan rience gained at major accounting and law
firm. Since joining, Charlotte has become promotes new Partner firms, and moved to New Zealand in 2010.
instrumental to the firm’s insolvency and Sinead specialises in corporate advisory
recoveries practice. Henry Brandts-Giesen work and has experience in litigation and
Stephanie de Groot has has been promoted to settlement negotiation.
become a senior associ- partner in the Private Lucy Hodgkinson has joined the firm’s
ate in the Environment We a l t h p r a c t i ce o f corporate and commercial team in the
team, Auckland. Kensington Swan. Auckland office as a solicitor. Lucy was
Stephanie joined the Henry began his legal admitted as a barrister and solicitor in
firm’s Environment career at Kensington December 2016.
practice as a law clerk Swan and returned to
in 2010 after spending the firm in 2016 after a decade practising Five lawyers promoted
time at Auckland Regional Council in internationally. He specialises in private at Lane Neave
their coastal and air quality compliance wealth and his advisory practice covers
teams. She specialises in all aspects of family and offshore trusts, residency by Lane Neave has promoted Joshua Leckie to
environment law. investment, estate planning, relationship the partnership. Based in the Queenstown
Nick Frith has become property, collective investment scheme, o f f i ce , Jo s h u a wa s
a senior associate in unit trusts, superannuation and employee admitted in July 2009
the Dispute Resolution share schemes. after graduating LLB,
team in Auckland. Nick BSc from the University
summer clerked with the Jane Searle new of Otago. He specialises
firm before returning as a Child Matters CEO in resource management
Dispute Resolution Law and commercial property
Clerk in 2010. Since then Former lawyer Jane Searle has been and worked at a major
he has developed expertise in insurance appointed the new chief executive of New Zealand law firm before joining Lane
and brokering law. the child advocacy organisation Child Neave.
Jeryl-lynn Govender in the Corporate Matters. Ms Searle worked as a bar- Four staff have been promoted to the
team, Wellington has been promoted to rister and solicitor practising criminal position of senior solicitor, all in the firm’s
senior solicitor. and family law before joining the New Christchurch office.
Zoe Barnes in the Corporate – Tax team Zealand Police where she worked in the Rebecca Cook was
in Auckland has been promoted to senior child abuse team as a detective. She admitted in August
solicitor. has spent the last two years as general 2014 and holds LLB,
manager of Child Matters. BA and LLM (first class
honours) degrees. She
specialises in building
and construction law
and has advised Crown
11P E O P L E I N T H E L AW A ugust 2 0 1 7 · L AW TA L K 9 0 9
departments, building and construction specialises in immigration law and is fluent
companies, and commercial and residential in Mandarin and Cantonese. As well as
property owners and investors. providing immigration advice she provides
Sophie Reese gradu- support to the firm’s Chinese clients across
ated LLB, BA from the all practice areas.
University of Otago and
was admitted in July Peter Watts QC in
2014. She specialises in practice at Bankside
resource management Chambers
law and has advised
local councils, major Former University of
developers and community organisations, Auckland Professor of
as well as commercial and residential Law Peter Watts QC
property owners. has commenced full-time
Sarah Copeland was practice at Auckland’s
admitted in August Bankside Chambers. Mr
2014 after gaining an Watts specialises in the
LLB at the University law of agency and com-
of Canterbury. She is a pany and commercial law, and is editor of
member of the firm’s Bowstead and Reynolds on Agency and co-au-
dispute resolution team thor of Company Law in New Zealand. He
and concentrates on civil and commer- was recently appointed Visiting Professor
cial litigation and the at the Law Faculty, University of Oxford and
resolution of insurance, will teach there in October each year.
contractual and property
disputes. Two new partners
Winnie Chen graduated appointed at White
LLB at the University of Fox & Jones
Waikato and was admit-
ted in July 2013. Winnie Christchurch firm White Fox & Jones has
appointed two new partners.
Stuart Stock joined
the firm in September
Information
2012 after spending six
years as a partner in a
in People
boutique commercial
property firm in London.
in the Law
Stuart was admitted as
a barrister and solicitor
in September 1993. He specialises in com-
LawTalk is happy to publish informa- mercial property and insurance matters.
tion free of charge about appoint- Mark Orman specialises
ments, awards and other changes in commercial devel-
in New Zealand’s legal profession. opment, buying and
Please send your contribution to selling assets, leasing
editor@lawsociety.org.nz, along and property finance.
with a jpeg photo if appropriate. He was admitted as a
To be able to include as many barrister and solicitor
announcements as possible brevity in September 1998 and
is key and material received may joined White Fox & Jones in January 2017
be edited. The information will also after working at national firms in Auckland
be published in the NZLS website and Christchurch as well as time overseas
On the Move section, which is ref- working for international firms in London,
erenced in LawPoints each week. Abu Dhabi and Melbourne.
12L AW TA L K 9 0 9 · A ugust 2 0 1 7 N Z L S AT A G L A N C E
NZLS AT A GLANCE
Lawyers Complaints
Service in its tenth year
T
h e N e w Z e a l a n d L aw and their resolution is transparent and easily accessible.
Society is now into its tenth Elsewhere in this issue we provide some provisional
year as operator of the Lawyers information on the Lawyers Complaints Service in the
Complaints Service. The Lawyers and just-concluded year to 30 June 2017.
Conveyancers Act 2006 came into force The 2006 legislative reform also introduced a three-tier
on 1 August 2008. The Act brought in system for resolution of complaints against members
many changes to the regulation of legal of the legal profession and their employees. The Legal
services, but perhaps the most signifi- Complaints Review Officer (LCRO) is funded by a levy
cant was the requirement for the Law on all lawyers, but administered by the Ministry of
Society to establish an accessible, fair Justice. The LCRO’s role is to review decisions made
and efficient lawyers complaints service. by Law Society and Society of Conveyancers stand-
This was a fundamental shift in ards committees on complaints against lawyers and
the process for managing complaints conveyancers. Around 17% of complaints closed by the
against lawyers. A national service Lawyers Complaints Service go on review to the LCRO.
replaced the complaints handling The problem is that the LCRO has a backlog of over 500
measures of 14 independent district unresolved cases. It can take three years for a decision
law societies and the limitations of to come from the LCRO. This is not acceptable.
the former Law Practitioners Act 1982 which had little The Law Society is proud of the progress it has made
built-in consumer protection. For complaints to be in introducing innovative processes in the Lawyers
actionable, the conduct was required to reach a high Complaints Service. However, it is clear that the backlog
threshold. From 2008 the governing legislation focus of cases filed for review by the LCRO must be fixed before
shifted from lawyers’ fitness to practise to include and we can go any further. NZLS obviously has a big stake
prioritise protection of the public. The Law Society was in helping resolve this. Each lawyer pays $125 a year to
required to ensure the consistency and quality of the fund the LCRO. The worry and stress caused by waiting
new complaints service throughout New Zealand. A for years for an LCRO decision is unfair on everyone.
new threshold of unsatisfactory conduct with a stat- What could be a world-leading professional complaints
utory definition was introduced. Non-lawyers were system is let down by the LCRO problems.
required for the first time to serve on lawyers standards What needs to happen? It’s important to note that
committees. The powers and jurisdiction of standards LCRO decisions are generally of a high quality. The prob-
committees were significantly expanded. And the Law lem lies in the processes which the LCRO is required
Society was required to report to the Minister of Justice to follow. What should be a quick and robust tribunal
on the exercise of its regulatory functions and powers. is tied up with the need to hold a full hearing for every
A lot has happened since 1 August 2008. The Law review unless the parties agree otherwise. From years
Society and legal profession have embraced the broader of discussion and analysis – and I can assure you that
horizons. The focus has been one of continuous improve- the Law Society has been active in pressing for change
ment and development to ensure that all parties involved – it is clear a legislative change is needed. The Courts
in legal services complaints benefit from an expeditious, and Tribunals Enhanced Services Bill is being drafted,
impartial and very accessible process. A complaints and we are advised this will contain provisions which
feedback system was introduced to assist with enhance- specifically target the LCRO’s problems. However, the
ments. The Early Resolution Service introduced in 2013 progress of the bill is taking time. The New Zealand Law
has made significant improvements in the time taken Society is aware of the growing exasperation of lawyers
to handle complaints and in the experience of users. and others who are involved in the LCRO logjam. We
Standards committee members receive focused training believe it is time to act and to introduce the bill into
and regular reporting means information on complaints the parliamentary process.
Christine Grice
Executive Director, New Zealand Law Society.
13N Z L S AT A G L A N C E A ugust 2 0 1 7 · L AW TA L K 9 0 9
NZLS AT A GLANCE
Power to collect
information on
all NZ-written
insurance urged
NZLS says the Reserve Bank should have the power
– and where appropriate should exercise that power – to
collect information about all insurance written in New
Zealand, including insurance provided by foreign insur-
ers. In comments to the Reserve Bank on its Issues Paper:
◂ At POLA, Review of the Insurance (Prudential Supervision) Act 2010,
left to right, the Law Society says not all foreign insurers providing
NZLS President
Kathryn insurance coverage in New Zealand are required to be
Beck and licensed. This is done on a case by case basis, and a
attends POLA
Bronwyn recent IMF report has highlighted that there is no data
Jones on the number of overseas insurers offering insurance
(NZLS), contracts in New Zealand without a licence.
Majorie “The insurance prudential regulator needs to have
New Zealand Law Society President Kathryn Beck Nichol and sufficient detail of the insurance business written in New
attended the 28th Presidents of Law Associations of Pauline Zealand in order to be able to appropriately supervise
Asia (POLA) Conference in Colombo, Sri Lanka from 22 Wright (Law insurers,” NZLS says in its comments. “The Law Society
to 24 July. POLA was established in 1990 and its annual Council of recommends that the Reserve Bank be provided with
meetings have been a valuable non-political conference Australia). more flexible exemption powers to permit appropriate
for international knowledge exchange and co-operation oversight without inhibiting participation in the New
between lawyers’ organisations. POLA is made up of 30 Zealand insurance market.”
law societies, bar associations and lawyers associations
across Asia and the Pacific.
David Campbell
This year’s event was attended by over 300 delegates,
and included sessions on professional privilege, tech-
re-elected
nology and the future of the legal profession, the role of
the legal profession in social justice, alternative dispute
President of NZLS
resolution and foreign direct investment.
Auckland branch
Agreement with
proposed Privacy
David Campbell was re-elected unopposed as
President of the NZLS Auckland branch, as announced
Code amendments
at the branch AGM on 21 June.
Mr Campbell is a partner with Kensington Swan
and specialises in commercial and civil litigation and
provides common law advice.
NZLS says it agrees with proposed amendments Robert Makgill was elected to the Council and Chris
to the Health information, Telecommunications Patterson and Sue Styants were re-elected.
Information and Credit Reporting Privacy Codes Members of the branch Council after the AGM are
to align them with changes introduced by the as follows:
Intelligence and Security Act 2017. The Act comes President: David Campbell.
into force on 28 September 2017 and NZLS has pro- Council: Sarah Armstrong, Robert Makgill, Chris
vided comments to the Privacy Commissioner on Patterson, Charlie Piho, Suzanne Robertson QC, Sue
the proposed changes. Styants.
14L AW TA L K 9 0 9 · A ugust 2 0 1 7 N Z L S AT A G L A N C E
CPD audits show
Russell Boot elected
increase in webinar/
NZLS Waikato
online learning
Bay of Plenty
branch President The third full Continuing Professional
Development (CPD) year ended on 31 March 2017. A
target rate of 95% for declaration of compliance was
Hamilton lawyer Russell Boot set, and by the declaration deadline of 7 April, 95.1% of
has been elected President of lawyers had declared compliance. All non-declarations
the New Zealand Law Society’s are followed up and by 30 June 99.89% of eligible law-
Waikato Bay of Plenty branch. yers had completed declarations.
Mr Boot was admitted as a bar- NZLS carries out audits of compliance with the CPD
rister and solicitor in May 2001, requirements. A random process resulted in 1350 lawyers
and was elected at the branch selected for audit – 10% of all lawyers. This was reduced
AGM on 21 June 2017. He practises from 12% the previous year because of a high level of
at Gavin Boot Law. compliance found in the two previous audits. A further
Members of the branch Council 91 practitioners were added due to either a late decla-
elected at the AGM are as follows: ration or where previous audit contact had suggested
President: Russell Boot. a follow-up audit would be appropriate. By mid-July
Vice-President: Terry Singh. 656 audits had been completed, with 71% meeting the
Council: Phillip Cornegé, Brendan Cullen, James requirements. A further 13% were compliant with the
Gurnick, Marie McLeod, Emma Miles, Rita Nabney, Johan CPD rules after receiving support from the auditor.
Niemand, Adam Pell, Jesse Savage, Gene Tomlinson. NZLS Professional Development Manager Ken Trass
says for the most part, the trends of the past two years
Black hole
have continued.
“The average number of recorded hours in CPDPRs
proposals
increased to 15.6 in the 2016/17 year, up from 12.1 in
2014/15. CPD by learning area is spread among the
supported
various differing practice areas, but there has been a
definite surge in in-house focused learning topics which
were up 5.3% to 22% of all topics,” he says.
“Significantly, CPD by webinar or online platforms
Government proposals to seek has increased again and made up 28% of all training in
greater certainty through legislation 2016/17, and this was up 8.2% on the previous year. By
in respect of the tax treatment of contrast, external courses or seminars made up 32% of
“feasibility expenditure” and to all CPD in 2016/17, which was down 9.2% on the previous
address anomalous instances of year, and down 22% since 2014/15.”
“black hole” expenditure are sup-
ported by the New Zealand Law
Society. NZLS has commented on
the discussion document Black hole
and feasibility expenditure, which
proposes a new, specific deductibil- Trusted practice management
ity rule for feasibility expenditure
that is based on the IFRS treatment
software for NZ lawyers
of such expenditure. Noting some Easy to learn, easy to use. Save time and
potential issues with the definition
of “feasibility expenditure”, NZLS
increase profits. That’s what users say!
has suggested that further consider- New: Document management & Internet banking. Free installation and
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15N Z L S AT A G L A N C E A ugust 2 0 1 7 · L AW TA L K 9 0 9
Law reform
committee
applications sought
Law reform
The two-year terms of appointment to the Law
Society’s law reform committees expire in September,
involvement has
and applications are now open for committees which
will operate from September 2017 to September 2019.
many benefits
Section 65(e) of the Lawyers and Conveyancers Act 2006
requires NZLS to assist and promote, for the purpose of
upholding the rule of law and facilitating the adminis-
tration of justice in New Zealand, the reform of the law.
Participation in the law reform process This continues a long history of involvement by the Law
through membership of the NZLS Society in New Zealand law reform, with 15 specialist
Employment Law Committee has been one committees and the NZLS Law Reform Committee at
of the most rewarding experiences I have had the forefront.
in my legal career. Like all the committees, Comprised of volunteers from across the legal pro-
the Employment committee was made up fession, the committees have input on a wide range of
of lawyers from around the country. What legal issues and prepare submissions on matters ranging
brought us together was a shared interest from discussion papers, exposure drafts of legislation,
in employment law and practice. I was legislation reviews, and parliamentary bills. Applications
impressed with the collegial spirit which should be made before 5pm, Friday 11 August on the
was there right from our first meeting, and application form.
the working relationships which were struck
between members have endured. I have a The form and information on the committees is
passion for the law of employment and it available at lawsociety.org.nz/law-reform-2017 or
is an invigorating experience to work with from wayne.anderson@lawsociety.org.nz.
others who have the same interests – even if
we might respectfully disagree sometimes on
NZLS Wellington
the correct way forward. It’s very different,
however, from representing and advocating
branch election
for the interests of a client. The committee
discussion is about the best way forward for
not required
the law as it affects all New Zealanders. How
will a proposal work in practice? What are
the likely issues?
Working on a NZLS law reform committee
also gave me a feeling that I was there at the Because the number of nominations did not exceed
development of an important area of law. Our the number of available positions, no election was
committee had an underlying air of shared required at the AGM of the NZLS Wellington branch
purpose and a sense that we were engaged on 21 June. Amendments made to the branch rules
in an important collaborative exercise that in 2016 mean the new Council has been elected for a
would have tangible benefits for our country, two-year term.
now and into the future. This is important Members of the Wellington branch Council are:
work and I would urge any member of the President: David Dunbar.
profession who would like to indulge their Vice-Presidents: Annette Gray, Steph Dyhrberg.
passion for the shape of a particular field of Council: Arti Chand, Chris Griggs, Yemo Guo, Jessie
law with the chance to make a real contribu- Hunt, Mike Lennard, Cathy Rodgers, Mark Wilton,
tion to the justice system. Gretchen Freeman (Wairarapa representative), Emma
Kathryn Beck, von Veh (Young Lawyers representative), Mark Wilton
President, New Zealand Law Society (ILANZ representative).
16L AW TA L K 9 0 9 · A ugust 2 0 1 7 LETTERS TO THE EDITOR
Letters to the Editor
Read your own achievement of those lawyers who were expiry date has now been transferred to
All Blacks should still be celebrated and I the reverse of the licence. This now requires
unconscious decided there was no reason not to publish two pages to be copied and retained with
the story, as long as we also took steps each A & I form for each person on each
bias articles to recognise the contribution made by transaction.
women lawyers to New Zealand sport. Result: The profit of the practice of law
A story on All Blacks who are/were As soon as the All Black article went off is hard to sustain as overhead costs eat
lawyers might set the hearts of half your to print we started researching lawyer par- away at it. The change has doubled the
readership thumping and even allow ticipation in other sports, and the results time and cost to obtain proof of ID. A minor
them to spend a six-minute unit or two for our netball research can be found in cost individually but costly cumulatively.
dreaming of swapping their pinstripes for Tail End on page 90.
a pair of studded rugby boots, but spare Land transfer tax statement
a thought for the 50% of lawyers who How did the Section allow a comparatively
aren’t blokes. Yes, I’m talking about all Property Law simple one-page form to be converted to
the women lawyers out there who are also/ a nonsensical three-page form? I hear the
have been athletes. Where are they? Let’s Section – What change was due to “some lawyers” not
find them and devote as many column being able to understand the one-page
inches to their dual achievements as you does it do? form. If that is the case and they were
have to the chaps. confused should they be entitled to prac-
So I’m looking forward to a follow-up It being Queen’s Birthday weekend and tice in the conveyancing field? Hundreds
story about all the women lawyers who having missed out, again, for I don’t know of lawyers practising as conveyancers did
have represented New Zealand across a how many consecutive years on obtaining not find the form confusing.
range of sports given you can’t do a story an award it seemed timely to put pen to Result: This change has resulted in three
about women lawyers who are All Blacks paper if for no other reason than to fill the times the copying and storage costs (see
because the NZ Rugby Union are yet to pages of your august journal. above).
drag themselves, mauling and rucking into I don’t want to seem curmudgeonly but
the 21st Century and ‘allow’ women to be what exactly does the Property Law Section
full All Blacks too – with all the status, do about the pragmatic aspects of convey-
opportunity and yes the tidy pile of money ancing which is, after all, about property
that finds its way into the bank accounts law. It is appreciated that the section does
of male professional rugby players. excellent service on the esoteric aspects of
It’s pointless running endless articles the genre but the day-to-day grassroots
on unconscious bias when the editorial lawyers seem not to be so well served.
decisions which led to the All Black story Can this section answer the following?
demonstrate the bias is alive and well - in
the newsroom at LawTalk. Driver licence ID
Josie McNaught Have representations been made to the
Wellington government (or whosoever authorises
driver’s licences – AA?) to revert to having
LawTalk Managing Editor the expiry date of the licence on the front
Geoff Adlam replies: of the licence document?
Ms McNaught’s points are accepted. I’ll We are asked to police ID for LINZ
point to myself as the author of the lawyer dealings. An acceptable, but not always
All Blacks story. My worry about missing reliable, ID purports to be a photographic
someone out (which was realised) was ID issued by the government. This is gener-
equally matched by a feeling of unease ally accepted to be (only) a driver’s licence
over the fact that half of New Zealand’s or passport. It used to be that a one-page
lawyers were ineligible and concern at photocopy of a driver’s licence was ade-
how this could be received. The possibility quate as it showed the licence currency. For
of bias did come to mind. However, the some unknown, and an illogical, reason the
17LETTERS TO THE EDITOR A ugust 2 0 1 7 · L AW TA L K 9 0 9
LETTERS TO THE EDITOR
Liaison with the Bankers Association how many acres of storage they own e-dealing consultant on current practice
What liaison does the Section have with in order to maintain their file copies of matters and legislative change.
the Bankers Association? I have two issues paper documents. I suspect none. They The Section has regular relationship
with the cost banking practices impose on are content to waste our paper, time and meetings with all manner of stakehold-
practices apropos conveyancing. cause undue expense just to have the paper ers that impact on property lawyers.
The first is an observation and a request. copy go to the tip. This is a monumental That includes a number of government
Would it be possible for the Section to waste of paper, cost and time. The section departments such as LINZ, IRD, MBIE,
advocate to the banks that they give an could perhaps advocate with the Bankers MOJ, etc. We also meet with senior bank-
indication/estimation of the amount they Association a standardised process to ing representatives from major banks to
expect to be paid in consideration of the enable the efficient conduct of what is after discuss current practitioner concerns. That
discharge of mortgage at the time the all a commercial business for both parties. relationship is such that some banks are
mortgage discharge is requested? now prepared to engage with the Section
Reason. Colleagues have been sur- Why does the ANZ Bank as a ‘sounding board’ for changes to their
prised at the last minute when settling a not trust lawyers? procedures and documentation.
transaction to find the amount required They require a certified copy of an A & I Members of the Section are often asked
by the bank is substantially more than form plus a copy of the title and VID prior to advise of issues or concerns they may
indicated by the client who did not know to the drawdown of funds indicating that have with specific aspects such as bank
that all advances, including personal loans, they not do not trust us to do our job. Every instructions. The Section then engages
overdrafts, credit cards etc, would need to other bank appears to trust the profession. with the bank to discuss concerns and
be repaid if the security was discharged. Result. Ask the ANZ to cease this make- look for mutually beneficial solutions. It
This has also happened where a separate work, time-wasting and cost-incurring is also relevant to point out that all of the
mortgage over a different property is also process. members of the Executive committee are
“called up” on a sale. That is it, for now. involved on a daily basis with property files
Result: if an indication was made early I look forward to a response from the and also have a vested interest in ensuring
any problems could be sorted out and Section, hopefully with proposals as to the greatest efficiency possible.
negotiated other than on settlement date. how it is intended that these problems It is important to note that while the
be resolved by: Section welcomes constructive suggestions
The law firm as a printing company • Having the expiry date returned to the for improvements that can be made in
Banks are crowing about growing and front of the licence, property law practice, it is not a ‘lobby
advertising their indecent profits. This is • Simplifying the tax form, group’ and must maintain a politically
not surprising seeing conveyancers are • Bankers Association recommending an neutral stance. Its statutory function is
now their printing companies. It is not indication of debt, electronic signature to provide services and facilities such as
uncommon to be required to print 100 processes and the ANZ trusting the seminars, education, training and other
pages of bank “stuff ” to satisfy the bank conveyancers. materials, in order to represent its mem-
requirements for security and disclosure. Grant Aislabie bers and serve their interests (ss 66 and
The bank is happy to electronically provide Auckland 68 LCA). As noted above, the Section does
instructions to practitioners but provides make contact with its various stakehold-
no means, or authority, for the documents Duncan Terris, Chair ers when appropriate, to try to achieve
to be signed in an electronic form. Yes, of the Property Law solutions.
there will be a valid (in their minds) reason Section, responds: The reality is that virtually all of Mr
why they don’t – but we put a man on the The Property Law Section thanks Mr Aislabie’s points have in fact been histor-
moon (I think!) So somehow it should be Aislabie for his letter and takes the oppor- ically addressed by the Section and some
able to be done. tunity to clarify the role and the Section are ongoing. Some key ones are addressed
Result: Signed scanned copies of bank and address some of the issues raised. as follows:
documents are happily received by most By way of background, the Section has
banks leaving the paper copies on our more than 1,400 members and provides Drivers licences as ID
files to be destroyed. Some banks require regular practical and current information for LINZ dealings
belts and braces. Not only do they require to its members via e-bulletins and The There was extensive analysis of how to mit-
a scanned copy they also require the orig- Property Lawyer magazine publication. igate incidence of fraud with the abolition
inal “blue ink” copy. When this bank was That magazine has regular columns from of duplicate paper titles almost 15 years ago
questioned why they could not answer the Registrar-General of Land and NZLS in 2002. NZLS was involved extensively
18You can also read
