Legal Tech - ISSUE 930 JUly 2019 - New Zealand Law Society
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I S S U E 9 3 0 · J u ly 2 0 1 9
Legal
Tech
What does the Climate crisis: Using brain Public
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Martelli McKegg welcomes Jacqueline Lethbridge to the partnership. The partners of Martelli McKegg are very pleased to announce that Jacque Lethbridge joined the partnership on 1 June 2019. Jacque is an experienced commercial and civil litigator specialising in insolvency and restructuring matters. Jacque has a reputation for taking on complex and challenging disputes and is often called upon by high-profile individuals and commercial entities with complex cases that require robust and innovative representation at the highest levels of the Courts. As well as running cases as Senior Counsel, Jacque regularly works with senior Barristers and Queen’s Counsel. Jacque joins the firm having been a partner or director of leading Auckland litigation firms for nearly a decade. Jacque can be contacted on +64 9 300 7628 or email jacque@martellimckegg.co.nz Phone: +64 9 379 7333 Fax: +64 9 309 4112 Web: martellimckegg.co.nz Address: Level 20, PwC Tower, 188 Quay Street, Auckland
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9
New Zealand Law Society 29 · Reforms take family justice
6 · From the Law Society backwards, Law Foundation
7 · New Zealand Law Society research finds ▹ BY LYNDA HAGEN
People in the Law Alternative Dispute
10 · On the move Resolution
16 · Lagi Tuimavave, 31 · Cognitive biases: challenging
68
46 Wellington Family Law the way we think ▹ BY PAUL SILLS
▹ BY ANGHARAD O'FLYNN 34 · When is arbitration the best
19 · Warrick McLean, CEO, Coleman way of resolving a dispute?
Greig Lawyers ▹ BY ANDREW KING ▹ BY ROBERT FISHER QC
20 · NZAL Lawyers successfully 35 · New Zealand lawyer behind
launched ▹ BY MAI CHEN new Singapore mediation
chambers ▹ BY NICK BUTCHER
Update
24 · Imprisonment imposed Practising Well
for violent attack on dog 37 · Are you being defined by
▹ BY ANITA KILLEEN your job? ▹ BY RAEWYN NG
26 · Directors’ duties and the 39 · Mental health in the workplace
case for vulnerable trading? ▹ BY HUGH NORRISS
▹ BY RICHARD GORDON
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88
A B O U T L AW TA L K
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Contents
Practice 66 · The hawks helping lawyers Classifieds
42 · The new union for legal automate legal documents 84 · Will notices
workers ▹ BY CRAIG STEPHEN ▹ BY TRACEY CORMACK 86 · Legal Jobs
46 · Catherine O’Connell - Setting 68 · Is software eating the 88 · CPD Calendar
up sole practice in Japan law? ▹ BY JAMIE DOBSON
▹ BY TRACEY CORMACK 72 · Using brain fingerprinting in Lifestyle
50 · Oh the places you’ll go court ▹ BY EMMA PAIRMAN 90 · A New Zealand Legal
▹ BY MARK WILTON 74 · 5G: Big deal or not really? Crossword ▹ SET BY MĀYĀ
52 · Climate crisis: the cold hard ▹ BY DAMIAN FUNNELL 91 · The Devil’s Own – far
facts about all that “hot 76 · How lawyers can successfully more than a fusty male
air”▹ BY JENNY COOPER QC embrace social media preserve ▹ BY ALICE NUNN
57 · Sustainable Practice ▹ BY ANDREW KING
94 · Tail end
Technology 78 · Lawyers Complaints
60 · Legal tech in New Zealand Service
▹ BY GEOFF ADLAM
64 · LegalTechNZ aims to promote Access To Justice
benefits of technology 81 · Access to Justice: An insurance-
▹ BY NICK BUTCHER based proposal ▹ BY JOSS OPIE
65 · Nuix releases a SaaS eDiscovery
solution to support the ‘New
Law’ frontier ▹ BY CRAIG STEPHEN
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N E W Z E A L A N D L AW S O C I E T Y J uly 2 0 1 9 · L AW TA L K 9 3 0
NEW ZEALAND LAW SOCIETY
From the Law Society
anticipated work arising from that
We all agree that justice jurisdictional expansion.
delayed is justice denied. The District Court is entering
The right of all New Zealanders to a stage of renewal over the next
access a timely resolution of matters three years: 46 existing judges will
before our courts is fundamental to be retiring by 2022. As the people’s
the effective and functional oper- court, this renewal provides a
ation of the justice system. Delay unique opportunity for the court to
is not conducive to the wellbeing address gender and ethnic diversity
of court users. Timely resolution is to reflect all in our society.
required for everyone in the court At the beginning of the year
system whether they are facing the Chief District Court Judge and
criminal charges, are the victims Principal Family Court Judge invited
of crime, witnesses, or are seeking practitioners around the country to
a civil remedy or resolution of a seminars facilitated by NZLS CLE
family matter. Time spent in the Ltd. These seminars provided a
system should be reduced to the window into becoming a District
minimum as appropriate to properly Court and/or Family Court Judge.
determine a matter. These seminars not only gave those
Last month saw the country’s first who attended an insight into the
ever wellbeing Budget. challenges and rewards for such
As part of that Budget the Gov- contribution to the justice system
ernment announced a decision to but also encouraged experienced
fund an additional 10 District Court members of the profession to con-
judges and two further Youth Court sider expressing their interest to
judges this year through an increase serve on the bench.
to the statutory cap, raising judge And help too is also on the way
numbers from 160 to 182. The decision to increase the for coronial cases. In the week
cap to 182 provides for a further 10 unfunded positions before the Budget, the Government
to enable further judges to be funded in future budgets announced eight relief coroners will
without the need for legislative change. be appointed to address the backlog
These decisions have been welcomed by the pro- of cases and delays in this jurisdic-
fession, the judiciary and members of the public as a tion, with funding to come from
significant step to address the well-publicised workload existing Ministry of Justice baselines.
pressures and delays in the District Court. The number of deaths reported to the
Currently there is a backlog of cases and the long The decision coroners is increasing year on year
delay times for cases to be heard is considerable. The to increase and the additional appointments will
District Court deals with over 200,000 cases each year. the cap to provide more support and resources
There are more complex and serious offences coming 182 provides to reduce the waiting times for fam-
before criminal courts which require more time and for a further ilies in the coronial system at such a
resources. There is an increasing rise in the number 10 unfunded stressful time.
of both defended Care of Children Act applications positions to The Law Society welcomes these
and without-notice applications, causing additional enable further judicial resourcing decisions and is
pressures in the Family Court. And then there is still a judges to be encouraged these steps have been
backload of adjourned cases from the industrial disputes funded in taken to address the delay of justice
in the court in 2018. future Budgets in the District Court. ▪
Legislative changes in July this year will see the without the
expansion of the Youth Court jurisdiction to include need for Mark Wilton is the Convenor of
17-year-olds, with the aim of reducing re-offending. The legislative the New Zealand Law Society’s
additional two Youth Court judges will assist with the change Courthouse Committee.
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L AW TA L K 9 3 0 · J uly 2 0 1 9 N E W Z E A L A N D L AW S O C I E T Y
Racing Reform Bill penalties
raise serious concerns
is irregular and should be strongly of the penalty should be made by
Penalty provisions in the Racing discouraged. The regulator, enforcer, a court, and not the enforcement
Reform Bill ignore strong objections and adjudicator should be distinct agency.
from the Ministry of Justice and from one another,” Mr McHerron The Law Society recommended
appear to lack justification, the New said. that the committee seek an expla-
Zealand Law Society says. “The Law Society shares the min- nation from officials on why the
The Law Society presented a sub- istry’s concerns. There has been no pecuniary penalty provisions have
mission on the bill to the Transport response to the ministry’s objec- been included against the ministry’s
and Infrastructure select committee tions and it is highly unsatisfactory concerns.
on 5 June. The bill received its third that there has been no attempt at The Law Society also said it was
reading on 20 June. The penalty justification. hard to see justification for the fast-
provision clauses were unchanged. “The ministry notes that regimes track nature of the bill. Only four
Law Society spokesperson Jason where the regulator determines pen- working days had been allowed for
McHerron said the bill contains alties can also create a perception interested parties to comment.
provisions for collection of off- that the regulator uses penalties to “Unrealistic deadlines imposed on
shore betting charges. These allow gather revenue. The bill does make the select committee process seri-
the Department of Internal Affairs some provision for court review of ously hinder the public’s input into
to impose pecuniary penalties on the decision. However, it is also not legislation and the proper scrutiny
offshore betting operators in certain clear how the review process will of bills,” Mr McHerron said.
circumstances. operate in practice.” “The Law Society appreciates the
“The Ministry of Justice has Mr McHerron said the Legislation need for a swift legislative response
recorded strong objections to these Design and Advisory Committee’s in relation to some bills, but in the
penalty provisions. It says that Legislation Guidelines state clearly present case it is not clear what the
allowing determinations of liability that decisions about liability for justification is for the very truncated
to be made by non-judicial bodies pecuniary penalties and the amount consultation period.” ▪
Charities Act review has limitations
largely considers the Charities Act the review,” it says.
A narrow terms of reference in isolation, rather than as part of “The Law Society has recently
means the Department of Internal the wider scheme of New Zealand written to the Law Commission, rec-
Affairs’ review of the Charities Act charity law. Ideally, that would be ommending that the Commission’s
2005 does not cover or adequately the subject of a comprehensive and future work programme should
take into account a number of mat- cohesive review. include a wider, first principles
ters, the Law Society has said. The Law Society says it believes review of the Charities Act and the
In a submission on the review the Law Commission would be best Charitable Trusts Act.”
discussion document Modernising placed to conduct such a review. In spite of a short extension of
the Charities Act 2005, the Law Society “It is not clear that it is appropriate the timeframe for submissions, the
says these include the “charitable for the Department of Internal Affairs Law Society says the three to four-
purposes” definition, interplay with to lead a review of the Charities Act month period for submissions is
tax concessions linked to registration, regime that is principally admin- still relatively short and will most
interplay with other aspects of charity istered by Charities Services, and likely have been very challenging
law, and interplay with other regimes. given that Charities Services’ role for many sector participants and
The submission says the review as regulator is an important part of stakeholders. ▪
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N E W Z E A L A N D L AW S O C I E T Y J uly 2 0 1 9 · L AW TA L K 9 3 0
He Waka Roimata Jo Hambleton
elected
report an important Otago branch
step, says Law Society President
able to get better outcomes.” Dunedin lawyer Jo Hambleton
The report, He Waka Roimata, Ms Epati says the legal profession has been elected President of the
from Te Uepū Hāpai i te Ora – the is a key participant in the criminal Otago branch of the New Zealand
Safe and Effective Justice Advisory justice system and has a long history Law Society. Mrs Hambleton is an
Group is an important first step for- of advocacy for reform. associate with Dunedin firm O’Neill
ward in the assessment of how our “There have been many changes Devereux. After graduating LLB at
criminal justice system is viewed made to criminal justice legisla- Otago University she was admitted
and impacts on communities, the tion over the years. Right back as a barrister and solicitor in May
New Zealand Law Society says. to attempts in the early 1990s to 1999. She completed a Graduate
“This report contains some very replace the Crimes Act 1961, the Diploma in Child Advocacy in 2007
stark messages and conclusions. Law Society has called for whole- and specialises in family law.
Group Chair Chester Borrows says sale reform rather than the piece-
the overwhelming impression from meal, knee-jerk reaction approach The following Council was elected
people who have experienced the which has occurred. The report has at the branch AGM on 12 June:
criminal justice system is one of provided us with a broad-ranging
grief. That is a call to action, and set of principles which come from President: Jo Hambleton.
the need for involvement by all many parts of our communities. Vice-President: Taryn Gudmanz.
stakeholders,” Law Society President A principled approach must be Immediate Past President: John
Tiana Epati says. the driving force for change,” Ms Farrow.
“There is also a strong message of Epati says. Central Otago Representative:
hope for change. Mr Borrows says the “It is also important to ensure Dale Lloyd.
group believes solutions already exist that the reforms are accompanied North Otago Representative:
and there is a national will to build by recognition of the need to ensure Louise Laming.
a criminal justice system to meet New Zealand has a human rights- New Practitioners Representative:
the needs of our country in 2019 based criminal trial process. The Derek McLachlan.
and beyond. The next report from rights of all defendants to a fair trial OWLS Representative: Karen
the group will give its response and must remain a foundation stone of Billinghurst.
that will be an important moment. criminal justice. Law Faculty Representative: Ben
“This report highlights the need “The New Zealand Law Society France-Hudson.
for access to justice to be a funda- fully supports the work Te Uepū Council Members: Will Martin,
mental priority. We look forward Hāpai i te Ora – the Safe and Effec- Lisa Brown, Sharon Knowles, Craig
to the group’s suggestions on how tive Justice Advisory Group is doing Power, Lucia Vincent.
everyone who becomes involved in and we look forward to continuing
the criminal justice process will be involvement in the reform process.” ▪
Shirley Smith Address on 29 August
The Law Society’s Wellington branch Women in Law Committee is holding the 11th annual Shirley Smith Address in
Wellington on 29 August. The 2019 address will be presented by Professor Vanessa Munro, Professor of Law at the University of Warwick,
England. The title is "Judging Juries: The 'common sense' comundrums of prosecuting violence against women". ▪
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L AW TA L K 9 3 0 · J uly 2 0 1 9 N E W Z E A L A N D L AW S O C I E T Y
Overseas Investment David Campbell
re-elected
Act not operating Auckland
effectively branch
President
The Overseas Investment Act 2005 does not appear to be operating
efficiently or effectively, and its perceived complexity may be discouraging
overseas investment, the Law Society has said in comments on the discussion A u c k l a n d l aw y e r D av i d
paper Reform of the Overseas Investment Act 2005, April 2019. Campbell has been re-elected
It says its experience reflects the discussion paper concerns about the President of the New Zealand Law
inordinate delay in processing applications and the high cost involved in Society’s Auckland branch. Mr
making an application. There are also difficulties with using the conterfactual Campbell is a partner at Kensington
test to determine if a proposed investment is likely to benefit New Zealand, Swan, where he specialises in com-
following the High Court decision in Tiroa E and Te Hape B Trusts v Chief mercial and civil disputes, with
Executive of Land Information New Zealand [2012] NZHC 147. ▪ a special focus on competition
law, product liability and liability
insurance. He was re-elected
unopposed. There were three branch
Measured approach best for council vacancies. Sue Styants was
re-elected unopposed and she is
financial institution legislation joined by Misha Henaghan and
Sarah Jerebine who were elected
unopposed as new members. ▪
The preferred package of options in the options paper Conduct of
Financial Institutions, April 2019 appears sound, but a measured approach
needs to be taken to regulating organisations that provide financial services
to New Zealand consumers, the Law Society says.
In comments on the options paper, the Law Society says lack of focus on New Zealand Law
the consumer has long been an anomaly in financial services regulation. Society submissions
It supports a principles-based approach to regulation and notes that the Copies of all submissions
options set out are being pursued to a tight timetable “with the ambitious made by the Law Society
aim of legislation being introduced to Parliament before the end of 2019”. can be found on our website
“The Law Society understands that regulators, banks and insurers are at www.lawsociety.org.nz/
currently engaged in an ongoing review of Conduct and Culture. A measured news-and-communications/
approach needs to be taken to developing this regime, to allow sufficient law-reform-submissions.
consideration and input from regulators and market participants.” ▪
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O N T H E M O V E · P E O P L E I N T H E L AW J uly 2 0 1 9 · L AW TA L K 9 3 0
PEOPLE IN THE LAW
ON THE MOVE
Gabrielle Wagner domestic and inter- promoted to the partnership in 2017. She
appointed to District national corporate specialises exclusively in insurance and
Court bench transactions, with par- commercial litigation.
ticular expertise in
Auckland barrister private equity and ven- Tanya Kennedy joins
Gabrielle Wagner ture capital. He also has Lambton Chambers
has been appointed extensive international
a District Court Judge experience in commer- Tanya Kennedy has
with Family Court cial matters, with deep sectoral focus in joined Wellington’s
jurisdiction. She will technology, intangible assets and blockchain. Lambton Chambers as a
be based in Manukau. Megan Pearce has barrister sole. Admitted
Admitted as a barrister joined the firm as a in June 1996, Tanya has
and solicitor in June 1988, Ms Wagner senior associate. She has extensive experience in
started her career with Cairns Slane before experience in advising employment law. She
moving to Morrison Morpeth in 1990. She on corporate and com- advises and represents
worked at McCabe McMahon from 1993 mercial matters, and has clients in the full range of employment
to 1999, becoming a partner in 1996. Ms specialist expertise in law issues and institutions, including
Wagner has been a barrister sole since 1999, commercial contracting mediation, litigation, and conducting or
practising in all areas of family law. She has with an ICT focus, fund raising for early stage representing clients in relation to employ-
conducted several Family Court Appeals in companies as well as advising on technology ment investigation processes.
the HIgh Court and has also held a number and telecommunication transactions.
of positions on the New Zealand Law Tanya Wood appointed
Society and ADLS Inc. Judge Wagner will Shaun Cousins joins Special Counsel by
be sworn in on 12 July 2019 in Auckland. Rainey Collins Duncan Cotterill
Swearing-in of David Shaun Cousins has Duncan Cotterill has
Goddard QC on 26 July joined the Dispute appointed Tanya Wood
Resolution and as special counsel.
An error in the June issue of LawTalk meant Litigation team at Tanya specialises in
a wrong date was given for the swearing-in Rainey Collins as an construction litigation
of David Goddard QC as a Justice of the associate specialising in and insurance law, with
High Court and Court of Appeal. He will family law. His particu- particular emphasis
be sworn in on 26 July and not 19 July as lar areas of expertise in the resolution of
stated. We apologise for any confusion. are contracting out, care of children and complex building disputes. She has over
relationship property agreements. Shaun 17 years’ experience assisting a range of
Acting District Court graduated from the University of Waikato owners, developers, contractors and con-
Judge appointed in 2011 and has practised over the last eight sultants in project and contract disputes.
years in the Waikato.
Janette Helen Walker, retired District Joe Donald joins Braun
Court Judge, has been appointed to be Katie Shanks joins Bond and Lomas
an Acting District Court Judge for a term Wotton + Kearney
commencing on 3 August 2019 and expiring Auckland office Joe Donald has joined Hamilton litigation
on 27 August 2020. and dispute resolution firm Braun Bond
Wotton + Kearney part- and Lomas as a senior solicitor. Joe was
Anderson Lloyd makes ner Katie Shanks has admitted as a barrister and solicitor in
two appointments returned to Auckland July 2013. He has experience in civil liti-
after spending six years gation, family and employment law and
Anderson Lloyd has announced two in Sydney and will run has also dealt with a range of immigration
appointments in its corporate and com- the first trans-Tasman and criminal matters. Joe has appeared
mercial team. insurance practice. as an advocate in various levels of New
Derek Roth-Biester has been appointed Katie began her career Zealand’s courts and tribunals and is
a corporate and commercial partner. Derek in Auckland before joining Wotton + familiar with all forms of alternative
has significant experience advising on Kearney in Sydney in 2013 and being dispute resolution.
10L AW TA L K 9 3 0 · J uly 2 0 1 9 P E O P L E I N T H E L AW · O N T H E M O V E
Jennifer Yang joins range of transactions, also represents clients in connection with
Buddle Findlay as including private merg- regulatory investigations and proceedings
Senior Associate ers and acquisitions, by the Commerce Commission, Securities
takeovers, joint ven- Commission, Financial Markets Authority
Jennifer Yang has tures, reorganisations and Serious Fraud Office.
joined Buddle Findlay’s and capital raisings, on Jacob Kerkin in
Auckland office as a Overseas Investment the Auckland litiga-
senior associate in the Act matters. tion team has been
corporate and com- To m C l e a r y i n promoted to senior
mercial team. Jennifer the Auckland litiga- associate. Jacob is an
advises on commercial tion team has been experienced com-
contracts, with a focus promoted to senior mercial litigator with
on strategic procurement and technology associate. Tom is an expertise in a broad
based business process outsourcing mat- experienced commer- range of disputes, including those relat-
ters. Before joining Buddle Findlay, Jennifer cial litigator who is ing to property and construction, class
worked as senior legal advisor to global skilled in advising and actions, banking and finance, contract
professional services and management representing clients in complex disputes. and tort.
consultancy firms in London. He has particular expertise in intellectual Amelia Markram in
property, media, trusts, contract and con- the Auckland property
Chapman Tripp sumer protection law. team has been pro-
promotes nine lawyers Robert Grignon in moted to senior legal
the Auckland tax team advisor. Amelia special-
Chapman Tripp has announced the pro- has been promoted to ises in construction and
motion of seven new senior associates and senior legal advisor. major projects, advising
the recognition of two senior legal advisors, Robert is a tax specialist clients on the front and
from 1 June. advising on all aspects back ends. She has extensive experience
Joseph Lill in the of New Zealand tax in large scale construction contracts and
Christchurch litiga- law, with a particular consultancy arrangements on a wide range
tion team has been focus on M&A transactions, cross-border of projects.
promoted to senior investment, property transactions and Kylie Mutch in the
associate. Joseph spe- post-settlement iwi corporate structuring. Auckland property
cialises in health and Sam Holden in the team has been pro-
safety as well as gen- Auckland litigation moted to senior asso-
eral civil litigation and tream has been pro- ciate. Kylie works with
insurance law. He regularly advises clients moted to senior asso- developer and contrac-
during investigations and has appeared in ciate. Sam specialises tor clients on domestic
District Court and High Court proceedings. in commercial litigation and international con-
Philip Ascroft in the with a particular focus struction projects across a wide variety of
Auckland corporate on banking and finance, sectors, including residential, commercial,
team has been pro- insolvency and construction disputes. He mining, energy and infrastructure.
moted to senior associ-
ate. Philip specialises in
corporate and securities
law. He has a particular
focus on equity capital
markets and mergers and acquisitions, and
regularly provides listed company com-
pliance and corporate governance advice.
Luke Bowers in the Auckland corporate
team has been promoted to senior associ-
ate. Luke’s expertise lies in corporate and
securities law, focusing on mergers and
acquisitions. He advises clients on a broad
11O N T H E M O V E · P E O P L E I N T H E L AW J uly 2 0 1 9 · L AW TA L K 9 3 0
Alden Ho joins Development at Columbia University. Kelly Johnson
Norling Law Pele Walker, the Commission’s chief becomes Greenwood
mediator, has served as Acting Chief Roche principal
Alden Ho has joined Executive since former Chief Executive
Auckland firm Norling Cynthia Brophy left in December 2018. G r e e nwo o d R o c h e
Law as an associate. has appointed Kelly
Alden was admitted as Jordan Curtis Johnson as a principal,
a barrister and solicitor promoted to Junior from 1 June. Kelly was
of the High Court of Barrister Associate admitted as a barrister
New Zealand in 2011 and solicitor in August
and of the Supreme Jordan Curtis has been 2007. She specialises in
Court of Victoria in 2016. He is an experi- promoted to Junior commercial property
enced commercial advocate with a focus on Barrister Associate at with particular experience in commercial
insolvency, debt recovery and construction Auckland’s Old South leasing, acquisition and disposals and
ligitation. Before joining Norling Law Alden British Chambers. developments. Kelly has acted on a number
worked at Martelli McKegg in Auckland H e j o i n s t h e Ta x of high profile and strategic projects for
and Mills Oakley in Melbourne. C o n t r o ve r s y t e a m corporate and government clients.
wo rk i n g fo r G e o ff
Appointments to Pitcairn Clews. Jordan joined the Chambers in Harkness Henry
Islands Court of Appeal July 2018. He is a graduate from the announces appointments
University of Auckland with BSc and
Two Auckland-based barristers have been LLB degrees and he also has completed Waikato law firm Harkness Henry has
appointed to the Court of Appeal of Pitcairn a Masters in Taxation Studies with first announced three appointments.
Islands. Former High Court Judge Paul class honours. Laura Fischer joins
Heath QC and Miriam Dean QC have been the Litigation Team
appointed Justices of Appeal. This follows Georgetti Scholarship as a solicitor. Laura
the retirement from the Pitcairn Court of for Harriet Farquhar was admitted in March
Appeal of Sir Bruce Robertson and Rodney 2014 after graduating
Hansen QC. The Assistant Attorney-General Crown Law Office from the University of
of Pitcairn Islands, Danielle Kelly, says this lawyer H a r r i e t Waikato. Before joining
continues a long tradition of members of Farquhar has been Harkness Henry she
the New Zealand bench and bar serving awarded a William practised family law in Rotorua and general
in the Pitcairn Islands legal system. She Georgetti Scholarship. litigation in Te Awamutu. Laura has particu-
says at the swearing-in ceremony in May, Ms Farquhar is an lar expertise in relationship property matters,
the Pitcairn community welcomed the Assistant Crown Counsel both contentious and non-contentious.
new judges and expressed its gratitude in the Constitutional Jessica Mathieson has been appointed a
for the quality of legal services that has and Human Rights team. She studied law solicitor in the Resource
been provided from New Zealand. at Victoria University of Wellington and Management and
was admitted as a barrister and solicitor Employment Team.
New Chief Executive in December 2016. She is also Associate Jessica was admitted in
for Human Rights Editor of the New Zealand Women’s Law March 2019 after com-
Commission Journal – Te Aho Kawe Kaupapa Ture a ngā pleting a law degree
Wāhine. with first class honours
The Human Rights Commission board Ms Farquhar has received funding from the University of
has appointed Rebecca Elvy as its new towards a Master of Laws at New York Waikato.
Chief Executive. Ms Elvy, who will take up University, focusing on human rights, Katelyn Silvester
her role in August 2019, is currently Chief constitutional and international law. There is employed as a law
Executive of Ngā Taonga Sound and Vision were three other scholarship recipients, in clerk in the private
(New Zealand’s audio-visual archive). other fields than law. The scholarships were client team. Katelyn
She has postgraduate qualifications in established by the late William Georgetti, has law and social sci-
Business Administration and Strategic a Hawke’s Bay farmer, who wanted to ence degrees from the
Studies (Massey University and Victoria create opportunities for the “best brains” University of Waikato
University) and has studied Organisational to benefit from his bequest. and is completing her professionals.
12L AW TA L K 9 3 0 · J uly 2 0 1 9 P E O P L E I N T H E L AW · O N T H E M O V E
DMK Law Ltd formed Since her retirement from full-time Connell. Before this she clerked for Justice
duties, Judge Henwood as served as an Glazebrook in the Supreme Court.
S t a cey D a i l y and Acting District Court Judge. Outside the Harriet Farquhar
Amanda Munting- courtroom, she helped implement Te will study for her
Kilworth have formed Hurihanga, a youth justice programme, LLM at NYU, focusing
DMK Law Ltd, a and served as chair of the Confidential on human rights,
specialist family and Listening and Assistance Service, which constitutional and
employment law firm supported people who suffered abuse or international law, in
based in Nelson. Stacey neglect while in the care of the state before particular on issues
commenced her career 1992. She also established, and currently of climate change-re-
in Invercargill before chairs, the Henwood Trust, which provides lated displacement and migration in the
returning to Nelson independent policy advice on working with Pacific region. Harriet is an Assistant
in 2011. Amanda young offenders. The Trust has worked Crown Counsel in the Constitutional and
h a s p ra c t i s e d l aw extensively with iwi on a number of key Human Rights Team at Crown Law. She is
in Christchurch and initiatives. a graduate of the Law Faculty at Victoria
London and has been University of Wellington and clerked for
practising law in Nelson Three young lawyers Justice Arnold in the Supreme Court.
since 2011. Stacey and receive Ethel Benjamin Rosalind Kós will
Amanda have extensive family law and Scholarships undertake study for her
employment law experience. LLM at the University
Three lawyers have been awarded 2019 New of Chicago exploring
Madeleine Cochrane Zealand Law Foundation Ethel Benjamin a comparative and
Wright joins Berry Simons Scholarships. The award was established pragmatic approach
in 1997 and honours New Zealand’s first to the prosecution of
Madeleine Cochrane woman barrister and solicitor, Ethel family violence cases.
Wright has joined spe- Benjamin, who was admitted in 1897. Its Rosalind aims to identify possible reforms
cialist environmental value is up to $50,000 annually. to New Zealand’s criminal procedure in
law firm Berry Simons Nicola Hodge will family violence cases. Rosalind is currently
as a senior associate. study for her LLM at a Senior Solicitor at Crown Solicitors Luke
She joins the firm from Cambridge University Cunningham Clere, Wellington. She is a
the Department of focusing on issues of graduate of the University of Canterbury
Conservation where constitutional and Law School and former clerk to Justice
she was legal lead in the pre-consulta- human rights law, French at the Court of Appeal.
tion stage of developing the National particularly litigation
Policy Statement. Before that she spent aspects, in order to Blair Shepherd gains
almost four years as senior solicitor at the broaden her understanding of contem- scholarship to Duke
Environmental Defence Society. Madeleine porary issues of social justice. Nichola is Law School
has been involved in plan change or a graduate of the University of Canterbury
resource consent processes throughout Law School and is working as a solicitor Tauranga lawyer Blair Shepherd has
New Zealand, from hearings before at the Wellington branch of Meredith accepted a scholarship to study for a Master
councils and the Environment Court, to
the Court of Appeal.
Judge Carolyn
Henwood VUW
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13O N T H E M O V E · P E O P L E I N T H E L AW J uly 2 0 1 9 · L AW TA L K 9 3 0
of Laws in International he imbued in me was the client comes first, and helped iwi obtain some control of the
Legal Studies at Duke that you have to do the best for the client, Whanganui River.
L aw S c h o o l , D u ke and that it doesn’t matter who they are. It “Michael is right up there in terms of his
University in the United has stuck with me and I still try and live massive contribution to the community
States. Blair was admit- up to that.” and has really set the bar very high for the
ted in November 2017 Arthur still works full time and has no younger partners of Cooney Lees Morgan
and works at Holland firm plans to retire. He says jokingly, “I am to step up to.”
Beckett Law in the in the second half of my career. Owen says a love of the law, strong work
litigation and disputes resolution team. “I keep working partly for the intellectual ethic and a commitment to helping others
His primary academic focuses at Duke stimulation, partly the sense of wanting seem to be traits that run in the Cooney
will be international arbitration, interna- to do the best thing for the clients, but a family. “The old Irish blood is in there, that
tional trade and climate change. The LLM major thing is the people I work with. We determination and pioneering spirit. But
programme ends in May 2020 and Blair have a wonderful team.” Michael has certainly taken that to the
intends to sit the New York Bar Exam in Chief Executive Partner Nick Wells adds, next level.”
July 2020. “His intellectual rigour, unfailing enthu- After graduating from Auckland
siasm, wide experience and dedication University and being admitted to the Bar
Arthur Young celebrates to service has helped shaped Chapman in January 1966, Michael moved home to
60 years as Chapman Tripp into the firm it is today. His private Tauranga to join the family firm in 1970
Tripp partner clients trust and rely on his judgement, alongside his father, uncle and brother.
gentlemanly approach and personal touch.” He became a partner two years later.
Chapman Tripp lawyer Arthur Young is Property and contract law became his
celebrating 60 years Michael Cooney areas of expertise. Current CLM partner
as partner of the retires after nearly Sally Powdrell says Michael is known as
firm. Chapman Tripp 50 years at CLM an astute and tough negotiator who fights
says he is the longest hard to advance his clients’ best interests.
serving partner who Michael Cooney retired on 1 June after “He has been a real devotee of the law,”
is still working in the a career of nearly 50 Sally says. “He has always been respected
New Zealand legal years at Tauranga by the legal community both locally and
profession. law firm Cooney Lees nationally as a lawyer of high standing."
Mr Young continues to practise as head Morgan. During his
of the firm’s Private Client team. Aged 84, time in practice he has Lexvoco joins LOD
he was admitted to the Bar on 22 March served as Tauranga’s
1957. On 1 April 1959, he became a junior Co ro n e r, ove r s e e n Australian and New Zealand “new law”
partner at Sheffield and Young, one of the the establishment of firm lexvoco has joined LOD (Lawyers
founding firms of Chapman Tripp. Aquinas College, and chaired Tauranga on Demand) from 1 May. The firm is now
“It is incredible to reflect on the past Energy Consumer Trust (TECT). known as LOD, but says it is business as
60 years and how the legal landscape has “Whatever Michael decides to turn his usual. LOD has 10 offices globally, 650
changed. Early on, it was the days of stamp mind to, he gives it 100%, excelling at lawyers and consultants and over 500
duty and death duty, and trying to trim whatever it is, whether it be work, com- corporate and law firm clients.
those down, going to the Land Transfer munity or family matters,” says his cousin
Office in person to have the memorials and Cooney Lees Morgan partner Owen
written up in the great heavy ledgers, Cooney. Contributing information
turning up to have the registrations, and In recognition of Michael’s service to the to On the Move
you had to get there at 8am to be ahead community, he was made a Member of the Brief summaries of information about
of the queue,” he says. New Zealand Order of Merit in 2013 and promotions, changes in law firms,
“Lots of law has changed enormously, was awarded a Paul Harris Fellowship by recruitment and retirement are pub-
but actually much is the same. Our work Rotary International. lished without charge in On the Move
involves dealing with people, and human “The partners of Cooney Lees Morgan (which is also available online on the
nature, if it changes at all, is only gradual have always made strong contributions Law Society website). Please send
in its change.” to our community,” Owen says. “Michael’s information as an email or MS Word
A former President of the Auckland grandfather, HO Cooney, had a hand in document (no PDFs please) to editor@
University Students Association in 1958-59, establishing the Port of Tauranga, and lawsociety.org.nz. Submissions should
he received the University’s Distinguished Lionel Lees was involved in the power be three or four sentences without
Alumni Award in 2002. Arthur is a long generation scheme which was the forerun- superlatives and may be edited to
standing member of the Society of Trust ner of Trustpower. Our firm’s other name conform to the format used. A jpeg
and Estate Practitioners. partner, Ed Morgan, earned an MBE for photo may be included, but please
Arthur worked with his first principal, championing Māori interests. He helped set ensure you have permission for us to
Joe Sheffield, for 25 years, and he had a up the Tauranga Moana Māori Trust Board, use it.
huge influence on Arthur’s career. “What was involved in the return of Mt Taranaki
14L AW TA L K 9 3 0 · J uly 2 0 1 9 L AW R E F O R M
Opportunity to get
involved in law reform
Calling all practitioners keen to make a contribution to law reform in New
Zealand, now is your time to get involved.
The New Zealand Law Society plays an active and important role in the reform of law in New Zealand.
The Law Society has a reputation for producing high quality, impartial and considered submissions
on a wide range of legal issues, on behalf of the legal profession and in the public interest. This is
possible thanks to the dedication and hard work of members of the profession who volunteer their
time and expertise to serve on the Law Society’s law reform committees.
The Law Society is now calling for applications from members and associate members interested in
serving on the Law Society’s Law Reform Committee or one of the specialist committees listed below:
Accident Compensation Committee Civil Litigation and Tribunals Committee
Commercial and Business Law Committee Criminal Law Committee
Criminal Law Committee Employment Law Committee
Environmental Law Committee Health Law Committee
Human Rights and Privacy Committee Immigration and Refugee Law Committee
Legal Services Committee Public and Administrative Law Committee
Rule of Law Committee Tax Law Committee
Youth Justice Committee
If you are:
• enthusiastic about, and have skills and expertise in a relevant area of law,
• keen to share your knowledge and to work collaboratively with other practitioners,
• willing to volunteer your time and expertise for the benefit of the profession and the community, and
• available to respond to consultation on law reform when required
… then we need you.
New Zealand Law Society committee membership is a great way to get involved and have your say
on law reform issues. It is also an excellent basis for professional development and collegiality.
Go to www.lawsociety.org.nz/law-society-services/law-reform/get-involved for information on
the committees and role descriptions, and to apply. Application forms and information packs are
also available via email from lee.adamson@lawsociety.org.nz.
Applications close at 5pm Friday 26 July 2019.
Committee convenors will be appointed by the Law Society Board at its meeting on 23 August 2019
and committee members will be appointed by the President in late August.
15P R O F I L E · P E O P L E I N T H E L AW J uly 2 0 1 9 · L AW TA L K 9 3 0 16
L AW TA L K 9 3 0 · J uly 2 0 1 9 P E O P L E I N T H E L AW · P R O F I L E
PEOPLE IN THE LAW
PROFILE
Lagi Tuimavave,
Wellington Family Law
New in the Law
BY ANGHARAD
O’FLYNN
Born in Samoa, Lagi Tuimavave is the oldest of What do you enjoy most
five children and spent her formative high school years about being a lawyer?
growing up in Wellington, attending Wellington Girls’ “I enjoy working in a firm with very
College. experienced partners who have
Bilingual in English and Samoan, Ms Tuimavave says been so hands-on with my devel-
that while she was an English studies buff, her favourite opment. I think it is so important
subject was legal studies, as the subject supported the for new lawyers to be surrounded
needs of students who spoke English as their second by willing and experienced teachers.
language. She is a solicitor with Wellington Family Law. This is an experience I can never
take for granted.
When did you realise that you “I am so reluctant to say that I
wanted to be a lawyer? enjoy being a lawyer for the mere
“My father helped me to decide and I eventually learnt fact that I get to file evidence for my
the value of having a law degree. clients, attend court and bill them.
“Since college, I realised that I had no other options No, for me, joy in being a lawyer
but to become a lawyer, hence my perseverance with comes from the mere fact that a
English. client thanks me for helping them
“Once at law school I knew I had made the right alleviate stress and pain. It’s in the
decision, despite the many challenges I had to endure. way I give them legal advice and
I feel so honoured to have a practising certificate because practical advice. It’s about being
I feel a deep sense of responsibility for the elderly, young upfront and not sugar coating the
people, Pacific islanders and any vulnerable member legal system. I guess you can say
or members of our community.” As a lawyer, that I enjoy being a lawyer because
understanding I care about people.”
You have a BA majoring in Samoan differences
studies and cultural anthropology. is crucial. I What made you lean
Do these help you in your day- can never toward specialising
to-day work as a lawyer? assume I know in family law?
“I’m lucky I got to major in these papers. someone’s “Family law presents to me an
“Cultural anthropology gave me perspective about culture simply opportunity to help people with
different cultures and their rituals and the varied ways from listening their issues. Family law has the
people live and organise themselves. I love that we are to their stories. human element; it is the core of
all so different and that we can all learn a thing or two Being a lawyer the area of law. I like that there
from each other. comes with are steps people could be advised
“As a lawyer, understanding differences is crucial. I a great deal to take before engaging the legal
can never assume I know someone’s culture simply of trust but system unless they are urgent
from listening to their stories. Being a lawyer comes also the need matters.
with a great deal of trust but also the need to respect to respect “[I think] Family law should
my clients’ vulnerabilities in a system that should only my clients’ be less adversarial and more
be turned on as an absolute last resort.” vulnerabilities conciliatory.”
17J uly 2 0 1 9 · L AW TA L K 9 3 0
I’m going to be silent on the issue.
“The profession needs to be free from entitled people
who think it is ok to bully or sexually violate their staff.
Such behaviour needs to be eliminated. Let’s respect
each other and appreciate that upholding each other’s
unique mana is conducive to better outcomes for all.
“There is a great and urgent need for diversity in the
legal profession. We need more Māori and Pasifika law-
yers in litigation teams in all firms, let’s be a reflection
of our country.
“I think there is a growing shortage of legal aid
lawyers. This saddens me because access to justice
is being denied. I’m really hoping this decline is only
temporary.
“I feel honoured to be at Wellington Family Law where
I feel supported and I can only hope the same for my
junior colleagues.”
Can you tell me about anyone
who inspires you?
“In general, my mother Piilua inspires me. She is the
most hard-working woman that I know. I feel beyond
blessed that she is my mother. In the legal profession,
Tiana Epati inspires me. I met her early this year and I
am so proud of her. I thank her for her bravery and for
sharing some of the most painful moments of her career
as a Pasifika woman in the legal profession.”
Family law can be very stressful,
what do you get up to your
spare time to decompress?
“I am a proud believer of God – so going to church gives
me a great sense of peace and relief.
After finishing study, did hope that they are all well supported “I spend most of my spare time with my nine-year-old
you find the job matched and looked after by members of brother TJ. He is the greatest company ever. A nine-
the expectations you their practice. year-old best friend will make you forget all about your
had in school? “Sexual harassment and bullying work/life worries.
“To be honest, I wasn’t quite pre- is real in the legal fraternity – to me “I have a solid group of close friends and mentors
pared for the level of responsibility it is a long term disease that needs who I can always count on for a good time – quality at
that comes with being a family serious treatment. Just because I this age and time is important.” ▪
lawyer. Going home and wondering personally haven’t experienced it
whether a client will be okay over in my current firm doesn’t mean Angharad O’Flynn is a Wellington-based journalist.
the weekend is a demonstration of
the extent to which I have brought
this obligation upon myself. This is
something I am trying to get used to.”
Are there any issues
currently facing young
lawyers and/or the legal
system as a whole that
you’d like to highlight? Recognised industry experts
Serving legal documents for over 30 years
“I think, in general, young and new
lawyers are expected to work long Fast, professional, nationwide process serving for solicitors & government agencies.
arduous hours to earn their place P: (09) 302-2476 E: team@docuserve.co.nz W:www.docuserve.co.nz
and meet expectations. I can only
18L AW TA L K 9 3 0 · J uly 2 0 1 9 P E O P L E I N T H E L AW · P R O F I L E
PEOPLE IN THE LAW
PROFILE
The Innovators
Warrick McLean,
CEO, Coleman Greig Lawyers
LawFest organiser Andrew King continues a series of
interviews with key legal professionals with their inno-
vation and technology stories.
What does legal from traditional law firms. Having easier for firms compared to what it
innovation mean to you? automation champions and drivers was five years back. There are plenty
It means doing things better. It of change is the key. These staff may of AI platforms but for many firms
means being able to step back and not be tech-savvy, but they seek this is an area left to the big boys.
watch how you could join the dots opportunities for improvements. Delivering automation to much of
differently. Interestingly, this is a The biggest opportunity lies in our daily routine is the key where
skill not everyone has, and lawyers automating tasks and workflows. smaller firms can improve service
often tend to be challenged by Many firms may use your existing delivery, turnaround and productiv-
transformation. software rather than investing in ity. AI will happen and is happening
Legal innovation is important for new technology. but only to a niche few at this stage.
our clients, firm productivity and
also for our current and prospective What pressures are What opportunities
staff. Fifty-four percent of my firm’s organisations facing has legal innovation
staff is millennial, so we get staff in the delivery of brought to you?
to think about and find new ways legal services? The push to change the way we
of doing things that are exciting, Firms are very competitive. Changes deliver our services is much less
interesting and challenging. Firms are impacting on the profession of a push these days. Lawyers are
need to challenge and engage their as it is being driven by pro-active actively highlighting the opportuni-
younger staff to think differently firms and legal entrepreneurs. They ties and seek assistance from prac-
and add value to the work. Engaging are keen to cash in on an industry tice service teams. It means legal
millennial staff the right way can that has been historically slow to innovation is no longer an internal
get the best from them and will change. Clients are pushing some sell and is now really gaining a life
help to potentially retain them for of the changes but on the basis of of its own.
longer. It costs a lot to train quality our experience we need to challenge If process improvement is your
talent, so retaining them for as long our clients with different offerings thing then it is an exciting time to
as possible is important. and ways of doing things. be in law and for me, I simply enjoy
reflecting on how far our firm has
What role does What developments do come over the last ten years. We
technology play you see in how legal have not been bold but have just
in innovation? services are delivered? been very consistent at improving
Technology plays a crucial role in Many smaller and mid-tier firms are the way we do things.
getting a firm excited about the now able to “get in on the action” as
opportunities that innovation can the price of technology drops and What are some of your
bring, as innovation is the key and the number of legal technology start- tips to start innovating
technology is simply an enabler. ups increases. The challenge lies in or developing an
Getting partners to join the execution. Many of the legal start-up innovative mindset?
innovation bus. It is all about offerings make the execution of legal A few years back we picked a few
bringing people along for the ride tech and innovation a whole lot innovation champions to assist
19You can also read
