Public Defence Service - An important influence on criminal law practice - New Zealand Law Society
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ISSUE 933 · October 2019
Public Defence Service
An important influence on
criminal law practice
Reflections on a Pro bono legal Red flags! Is your US lawyers,
ground–breaking services support law office as judges and
Feminist Moot Canterbury healthy as you civil rights
Muslim think?
community
Page 19 Page 42 Page 51 Page 72
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WHO NEED IT MOST
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de Paul is a lasting way to help the which recently celebrated 150 years
most disadvantaged and needy in of compassion and service to the
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9
6 · From the Law Society Update
24 · Barriers to participation in
New Zealand Law Society the employment institutions
7 · New Zealand Law Society ▹ BY CHIEF JUDGE CHRISTINA INGLIS
18 · A Changing Profession 26 · New Incorporated Societies
▹ BY GEOFF ADLAM Act ▹ BY MARK VON DADELSZEN
29 · Supreme Court provides
68
32 People in the Law guidance to lawyers on
10 · On the move testamentary capacity ▹ BY SALLY
16 · Wellington via golf, Gore and MORRIS AND FREYA MCKECHNIE
Glasgow ▹ BY ANGHARAD O’FLYNN
17 · Top barrister not afraid of a fight Access to justice
▹ BY TEUILA FUATAI 32 · Public Defence Service
19 · Reflections on a ground– ▹ BY GEOFF ADLAM
breaking Feminist Moot 39 · New technology aids access
▹ BY REBEKAH HILL, ELLEN LELLMAN to justice ▹ BY LYNDA HAGEN
AND EMILY SCRIMGEOUR 41 · Lawyers battling for justice
21 · The value of friendship in around the world
law ▹ BY NICK BUTCHER 42 · Pro bono legal services
23 · The Innovators ▹ BY ANDREW KING support Canterbury Muslim
community ▹ BY NICKBUTCHER
88
57
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Contents
Alternative dispute Technology Legal history
resolution 56 · New death notification service 69 · Legal nomenclature –
45 · Running a major relationship ▹ BY TRACEY CORMACK from prolix to trendy
property arbitration 57 · Windows 7 ▹ DAMIAN FUNNELL ▹ BY SIR IAN BARKER QC
▹ BY ROBERT FISHER QC 71 · A big story to tell – US
46 · Reactive devaluation 59 Letters to the editor lawyers, judges and civil
▹ BY PAUL SILLS rights ▹ BY JOHN BISHOP
Lawyers Complaints
Practising Well Service Classifieds
48 · Being a supporter: a daughter’s 60 · Disciplinary charges against 74 · Will notices
story ▹ BY CAROLYN RISK lawyers ▹ BY JUSTIN KLEINBAUM 76 · Legal Jobs
62 · Complaints decision summaries 77 · CPD Calendar
Practice
51 · Red flags! Is your law office Legal information Lifestyle
as healthy as you think? 66 · The Ethical Lawyer: Legal Ethics 80 · A New Zealand Legal
▹ BY EMILY MORROW and Professional Responsibility Crossword ▹ SET BY MĀYĀ
by Richard Scragg ▹ REVIEWED 81 · Garrow’s Law
Creating a just culture BY GARRY WILLIAMS ▹ BY CRAIG STEPHEN
54 · Are we doing enough? 68 · Recent legal books
▹ BY JAMIE DOBSON ▹ BY GEOFF ADLAM 82 · Tail end
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F R O M T H E L AW S O C I E T Y
FROM THE LAW SOCIETY
Law Society’s new
project to improve
access to justice
The phrase “access to justice” features frequently
on these pages, and in wider public debate. As a criminal
defence lawyer, who has worked largely on legal aid in a
small region with a high Māori population, my view of the
concept goes far wider than simple access to the courts.
However you look at it, the erosion of access to justice
jeopardises a person’s ability to be heard, exercise their
rights, challenge discrimination and hold decision-makers
to account.
Barriers to access to justice have always existed, but it
is clear that these have increased over time, both in New
Zealand and globally. The Law Society has an important
role to play in breaking down those barriers and has been to remuneration rates, and understanding the demographic
working for a number of years to improve access to justice factors which underlie the steadily decreasing numbers
in a range of ways. of legal aid practitioners.
Some examples of the Law Society’s recent work in this In-house lawyers are currently unable to provide pro-
area include: bono services to members of the public due to restrictions
A detailed written submission in September 2018 on in the Lawyers and Conveyancers Act. There is an exception
the Ministry of Justice’s Triennial Legal Aid Review. The if that work is provided through a community law centre or
submission highlighted problems with eligibility for legal a Citizens’ Advice Bureau, but that may still be an obstacle.
aid; clients’ difficulties with the application process; inade- A member’s bill to address this issue is proposed, and the
quate remuneration; burdensome administration; provider Law Society’s in-house lawyers section, ILANZ, is working
shortages and sustainability of the legal aid workforce. with our regulatory department to improve opportunities
Intervention in a Court of Appeal case heard in July 2019 for in-house lawyers to undertake pro-bono work through
about the extent to which the state is obliged to ensure other routes.
that lawyers are available under the Police Detention Legal Representatives from our Legal Service Committee
Assistance scheme to provide advice to detained suspects. are working with colleagues from the New Zealand Bar
Our leading and junior counsel acted pro bono, with input Association, who have established a working group to
from our criminal and legal services committees. improve access to justice for civil legal aid.
Engagement with the Rules Committee’s access to justice While this work will continue across the organisation
working group, looking at ways to reduce the complexity and through the day-to-day work of the Law Society’s
and cost of civil litigation, including simplifying proce- committees, we want to identify further opportunities for
dural rules. We have also been working with the Otago Law Society contribution. To facilitate this, a new project,
Legal Issues Centre and the Rules Committee around the aimed at influencing public understanding and support
provision of unbundled legal services. This is intended for improved access to justice, has recently started. These
to enable lawyers to provide advice on discrete parts of first steps involve carrying out research and engaging with
a case when an unrepresented litigant is unable to afford academics and other stakeholders working in this area to
to pay for the whole case. more fully understand the access to justice landscape in
Other projects currently being undertaken include New Zealand and overseas.
improving the availability of legal advice. We want to identify how the Law Society’s role and
We hold regular meetings with senior officials in the remit best place us to have the greatest impact, and to
Public Defence Service, Legal Aid Services and the Ministry then develop and implement a programme of proactive
of Justice aimed at identifying and addressing issues which and targeted initiatives to tackle the most significant access
affect legal aid lawyers’ day-to-day practice, as well as the to justice issues in Aotearoa New Zealand. ▪
longer term viability of the legal aid system. We work on
everything from reducing the complexity of legal aid forms, Tiana Epati
and resourcing issues which affect delays in bail hearings, President, New Zealand Law Society
6
L AW TA L K 9 3 3 · O ctober 2 0 1 9 N E W Z E A L A N D L AW S O C I E T Y
NEW ZEALAND LAW SOCIETY
Special court sitting in Christchurch
and reforms of its enabling legislation. the law, including the government.
The 150th anniversary of the New “Each time reform has been in the air, the “Equality before the law in this sense
Zealand Law Society was marked by the Law profession has fought hard for the standing requires a legal profession prepared to
Society’s Canterbury Westland branch with and powers of its Law Society and for its provide legal services without regard to
a special High Court sitting in Christchurch independence.” the identity of their client, or the popu-
on 5 September. Chief Justice Dame Helen She described the Law Society as “no larity of their client’s cause – a profession
Winkelmann presided at the sitting. ordinary institution”. that cannot be pressured or bought off
The special sitting of the High Court “Through the work it does in supporting by the rich or the powerful. It is for this
also included judges of the High Court, and regulating an independent legal pro- reason that the existence of an independ-
Employment Court and District Court, fession, it has a critical role in our society. ent legal profession is one of the hallmarks
along with Coroner Marcus Elliot and A role so critical that it is no overstatement of a society that lives under the rule of law.
retired judge of the High Court, Peter to say that the Law Society is necessary to Were it left to the government to regulate
Penlington. our constitutional order.” and discipline lawyers, an unscrupulous
Chief Justice Winkelmann told the Chief Justice Winkelmann expanded on government might use that power to
court that in the years since its creation this by saying a society can only exist under disempower or discipline lawyers who
in 1869, the Law Society has survived as the rule of law if all have equal access to argue cases the government would rather
an institution through various reviews the benefit of the law and all are subject to they not.” ▪
Law Society comments on Intellectual
Property Laws Amendment Bill
The Law Society also disagrees with There is disagreement with a proposal
The Law Society has commented on MBIE’s assessment of the potential for amendment of the Trade Marks Act
proposals to amend the Patents Acts 2013, problems caused by “daisy-chaining” of to remove the ability to register series
Trade Marks Act 2002, and the Designs divisional patent applications. It says the of trade marks. The Law Society says
Act 1953. only alleged harm that could be caused registered series marks provide certainty
The Law Society has raised several issues is a risk of uncertainty for third parties as to the ambit of a trade mark owner’s
with proposed changes to the Patents Act. which might want to take advantage of rights and it favours their retention on
There is some uncertainty around the anal- an invention without risk of infringement. this basis.
ysis behind the proposed changes to the “Such uncertainties are inherent through- The Law Society commented on the
transitional provisions in the Patents Act. out the patent system,” it says, noting that potential use of artificial intelligence by
The Law Society had raised concerns about as divisional uncertainties are just one IPONZ, commenting that full public con-
a similar proposal in a 2016 discussion paper, source of uncertainty within the patent sultation is required before government
it says. The Law Society says that rather than system. it would be useful to understand departments are empowered by legislation
reducing the number of 1953 Act applications why officials have identified these as a to delegate discretionary decision-making
as intended, the proposal could increase it. source of uncertainty requiring amendment. to AI systems. ▪
7
N E W Z E A L A N D L AW S O C I E T Y O ctober 2 0 1 9 · L AW TA L K 9 3 3
NEW ZEALAND LAW SOCIETY
Canterbury Women
Lawyer Conference
New Zealand Law Society President Tiana Epati
opened the Canterbury Women’s Legal Association
Conference in Christchurch on 21 August. The conference
theme was “Navigating the Future”.
Receipt of LawPoints
and NZLS Weekly
The Law Society’s weekly enewsletter LawPoints
is automatically sent on Thursday evenings to
all lawyers who currently hold a practising cer-
tificate, unless they unsubscribe. Because of the
anti-spam settings of some servers, LawPoints
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previous recipients from the distribution list. If
you do not receive LawPoints or have stopped
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Nelson lawyers A public version of LawPoints, NZLS Weekly,
is also available free of charge each week to
commemorate non-lawyers. To sign up, visit www.lawsociety.
org.nz/news-and-communications/email-updates/
150 years nzls-weekly.
Apology
New Zealand Law Society Vice-President (South
Island) Andrew Logan (left) and Nelson branch President
Andrew Shaw cut their way through a cake commemorat-
ing 150 years since the creation of the New Zealand Law
Society. A function at Nelson’s Boathouse on 24 August Unfortunately we misspelt the first name of Te
was attended by over 100 guests. Wehi Wright on page 38 of the September 2019 issue of
There were also dinners and special court sittings held LawTalk. The error is greatly regretted and we apologise
around the country. to Mr Wright and his whānau.
8
L AW TA L K 9 3 3 · O ctober 2 0 1 9 N E W Z E A L A N D L AW S O C I E T Y
NEW ZEALAND LAW SOCIETY
Wellington branch
special sitting
▴ The Wellington branch had a special sitting to commemorate the 150 year anniversary at the High Court.
Receiving LawTalk only online
An online version of LawTalk is available on the New Zealand Law Society’s website at www.lawsociety.org.nz/lawtalk. This
is displayed as a flip-book, a PDF, and website versions of many of the articles in each. A link to the latest online LawTalk is
emailed to all practising lawyers each month on the Friday after publication.
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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 O ctober 2 0 1 9 · L AW TA L K 9 3 3
PEOPLE IN THE LAW
ON THE MOVE
Two District Court 2019, was Chief Judge from 1991 to 2005. specifically to help those impacted directly
Judges appointed The memorial sitting will be held at 4pm or indirectly by cancer. The scholarship is
on Thursday 7 November in Courtroom 5.01 intended to be offered to a minimum of
Auckland barrister Clare Bennett and of the Employment Court on Level 5 of one UC student per annum at a value of
Napier barrister Jonathan Krebs have been the District Court building, 49 Ballance $10,000 in perpetuity.
appointed District Court Judges. Street, Wellington. It will be followed by The charity’s vision is to make a practical
Clare Bennett was admitted as a refreshments. impact for someone living with a cancer
barrister and solicitor in December 1986, “This special sitting will provide an diagnosis or their family members who
practising in Hamilton from 1989, then in opportunity for practitioners to remember need support through the journey.
chambers in Manukau and Auckland from former Chief Judge Tom Goddard and to Chalky Carr was awarded the New
1999. She was appointed Youth Advocate in reflect on his significant contribution to Zealand Bravery Medal by the Governer-
1989, and has chaired the last two triennial employment law and practise,” the Chief General for his actions saving lives from the
National Youth Advocates Conferences. Judge of the Employment Court, Judge collapsed CTV building in the immediate
Ms Bennett holds approval for all cate- Christina Inglis, says. aftermath of the February 2011 quake. Mr
gories with the Legal Services Agency and Carr was the All Blacks Logistics Manager
has been a member of the Litigation Skills Sir Anand Satyanand when diagnosed with pancreatic cancer
Faculty since 2004. She will be sworn in inducted into Kiwi- in 2016.
on 3 October 2019 at the Manukau District Indian Hall of Fame
Court. She will have jury jurisdiction and Holland Beckett
will be based on the North Shore. Former Governer-General, the Sir Anand promotes six to
Jonathon Krebs was Satyanand, has been inducted into the Associate positions
admitted as a barrister Kiwi-Indian Hall of Fame. The ceremony
and solicitor in April was held on 9 August at the Cordis Hotel. Six staff of Bay of Plenty firm Holland
1988. He was a partner Prime Minister Jacinda Ardern presented Beckett Law have been promoted to
of Hawke’s Bay Crown the award. Associate roles.
Solicitors, Elvidge & The Kiwi-Indian Hall of Fame award was Joel Murphy specialises in property
Partners between 2002 introduced in 2013 to recognise and honour and commercial law. He has experience
and 2006, and was sec- the efforts of prominent personalities in in a broad range of
onded to the Attorney-General’s Office in the New Zealand-Indian community. One property and commer-
Apia, Samoa at the end of 2006. person is inducted annually, recognised cial matters including
Mr Krebs’ principal focus in his career for their significant contribution to the commercial, rural and
has been criminal and civil litigation. He development and progress of the both residential acquisitions
was the convenor of the New Zealand Law Indian community and New Zealand. and disposals, leasing,
Society’s Criminal Law Committee for 10 financing, property
years and is a past President of the Hawke’s Criminal Justice developments and sub-
Bay District Law Society. student inaugural divisions, due diligence and commercial
In 2012 he was Director of the NZLS CLE recipient of new contracts.
Ltd litigation skills programme. University scholarship Prior to joining Holland Beckett Law in
Judge Krebs will be sworn in on 1 January 2019, Joel spent five years working
October 2019 in Napier. He will have Mario Williams has in a large Auckland law firm and then most
jury jurisdiction and will be based in been announced as recently two years working in-house in
Palmerston North. the first recipient of London.
the Chalky Carr Trust Dan Broadhurst joined the firm in
Memorial sitting for Scholarship. 2014. Admitted as a
Chief Judge Goddard Mr Williams, a barrister and solicitor
on 7 November first-year Bachelor of in 2010, Dan special-
Criminal Justice stu- ises in property and
The Employment Court will hold a dent, was presented the scholarship by commercial law and
memorial sitting on 7 November 2019 to Chalky Carr Trust Patron Gemma McCaw retains a general focus
commemorate former Chief Judge Tom at an official ceremony. including relationship
Goddard’s contribution to employment The Chalky Carr Trust Scholarship property, asset protec-
law. Mr Goddard, who died on 14 March has been set up in conjunction with the tion and estate planning. Dan studied law
University of Canterbury (UC) Foundation at Victoria University after beginning his
10L AW TA L K 9 3 3 · O ctober 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
working career as a primary school teacher. Jess Warn started at financing, acquisition
Pip Allan has been promoted to asso- Holland Beckett in 2013 and disposal of com-
ciate after joining the as a graduate solicitor, mercial and residential
firm in May 2018 as a and returned in October properties, all aspects
senior solicitor. Pip has 2018, after travelling of commercial leasing
a broad range of civil and working in-house including providing
litigation experience, for a technology legal advice to a broad
with particular exper- start-up in Vancouver, range of clients in
tise in construction and Canada. Jess advises on a wide range of commercial and business transactions.
insolvency law. She commercial and corporate law matters.
also advises on property and insurance Rachael Dewar Law
disputes. Morrison Kent announces announces three
After completing new partner movements
her studies in New
Zealand, Rachel Rosser Joseph Kim has been Wellington-based family and property
began her legal career a p p o i n t e d Pa r t n e r firm Rachael Dewar Law has two recent
in Melbourne where in Morrison Kent’s appointments and one promotion.
she appeared regu- Auckland office. Amy Gulbransen has been promoted to
larly in both State and Joseph began his Associate. Joining the
Federal courts. Rachel career at Morrison firm in July 2018, Amy
has experience in general litigation and Kent in Auckland in works in all areas of
relationship disputes, and advises her 2010, joining one of the family law with a par-
clients on all aspects of civil litigation, firm’s commercial/property teams and was ticular interest in rela-
employment and family law matters. She promoted to associate in 2016. tionship property, care
also holds an additional interest in animal Joseph is experienced in property law of children and domestic
and equine law. with particular expertise in property violence matters.
Tim Conder special- acquisitions, developments, financing Amy graduated from the University of
ises in litigation, with and leasing matters. He is also expe- Canterbury in 2010, and was admitted at
a particular focus on rienced in advising on commercial the High Court in May 2013 after working
trust and estate dis- contracts, structuring and commercial and travelling overseas.
putes and regulatory transactions. Sarah McGovern joined Rachael Dewar
prosecutions. After Law in January 2019,
being admitted in 2015, Loo & Koo appoints practising across all
Tim has appeared reg- new partner family law areas with
ularly in the District Court, High Court a special interest in
and Court of Appeal on a variety of Bibiana Lee has joined Loo & Koo as a advocacy and Oranga
criminal and civil matters. He has also partner in the firm’s commercial team. Tamariki proceedings.
published a number of academic arti- Bibiana has extensive experience in Sarah graduated with
cles, particularly in the area of criminal matters relating to property develop- an LLB from Kings Inns,
sentencing. ment and subdivision, development Dublin, practising in Ireland before being
admitted at the High Court in Nelson in
June 2010. Sarah was recently appointed
to the lawyer for child list and is available
for agency court appearances.
Ruby Hey has joined
Rachael Dewar Law.
She was admitted at
the High Court in June
2019 after graduating
with a LLB and BA in
International Relations
and Political Science
from Victoria University.
11O N T H E M O V E · P E O P L E I N T H E L AW O ctober 2 0 1 9 · L AW TA L K 9 3 3
Ruby volunteers at the Wellington resources and property, then shifting Peter specialises in
Community Law Centre and is undertaking focus to climate change. commercial and com-
a wide range of family law work, including He eventually started his own firm mercial property law.
relationship property, child law and family looking at greenhouse gas reduction He was admitted to
violence. projects in China, which then shifted to the at the High Court
sustainable operations of agribusiness in 2003 and the New
DLA Piper’s Tracey in Indonesia. York Bar in 2010. He
Cross appointed to AIA holds LLB, BCom and
New Zealand Board James Warren LLM (first class honours) degrees from the
promoted to Partner University of Auckland, and an LLM from
Tracey Cross, a partner at DLA Piper New at Kensington Swan Cornell University (New York).
Zealand, has been appointed to interna-
tional insurance firm AIA New Zealand’s James Warren has Chapman Tripp promotes
board. j o i n e d Ke n s i n g t o n three senior solicitors
Tracey’s senior involvement includes Swan’s partnership as
being the leader of DLA Piper’s conduct an employment law Chapman Tripp’s Wellington office has
and culture initiative, and the Chair of specialist. announced the pro-
DLA Piper NZ’s Leadership Alliance for Formerly a partner at motion of three senior
Women, an initiative that supports the UK firm Fieldfisher in lawyers.
advancement of female lawyers into London, James joined Rosa McPhee spe-
leadership. Kensington Swan as Special Counsel in cialises in property,
Tracey’s expertise is in funds manage- October 2018. infrastructure and con-
ment and superannuation. Admitted at the High Court in 1998, he struction law. Admitted
has a particular interest in the technology, at the High Court in
Joanna Hayward media and financial services sectors, as December 2015, she has
appointed acting General well as multi-jurisdictional projects and a particular interest in
Counsel at OPC business transformations. commercial construc-
tion and leasing.
Joanna Hayward has been appointed Wook Lee joins Jasmin Moran spe-
acting General Counsel to the Privacy Kensington Swan cialises in litigation
Commissioner as the Office prepares for and dispute resolution.
the enactment of new privacy law later Wo o k L e e j o i n s Admitted at the High
this year. Kensington Swan’s Court in December
Joanna has been an adviser at OPC corporate and com- 2015, she focuses on
since 2014 and was formerly an adviser mercial team as Special energy, insurance and
to the Law Commission on information Counsel. He is intended fishing industries.
law reform projects including the law of to join the partnership Millie Singh spe-
privacy, official information, search and once he has fulfilled NZ cialises in competition
surveillance, harmful digital communica- Law Society regulatory and regulatory law with
tions and news media. She is a graduate requirements. experience in interna-
of Canterbury University and is an expe- Wook has 12 years’ experience in corpo- tional trade matters
rienced practitioner in public, commercial rate advisory, governance and transactional focused in the Pacific. Admitted at the
and banking law. matters, including M&A, divestments High Court in December 2014, she advises
and equity capital raisings. He is fluent in industries on merger control, enforcement
Mark Harding joins Korean and was recognised as a ‘Rising star and Commerce Act regulation.
Cooney Lees Morgan lawyer’ for the corporate and M&A practice
area 2018 and 2019 Asialaw Profiles. Glaister Ennor promotes
Mark Harding has joined Bay of Plenty two new partners
firm Cooney Lees Morgan as an Associate New Director at
in the resource management and local Carson Fox Legal Two senior associates have become part-
government team. ners in Auckland law firm Glaister Ennor’s
Mark practised for 12 years in Asia from Peter Liao has been appointed Director litigation and disputes resolution team.
2006, beginning in Shanghai in energy, at Carson Fox Legal. Mitch Singh has been promoted to
12L AW TA L K 9 3 3 · O ctober 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
Partner. He specialises Fiona Brown as Chief Principal. A trade mark specialist, Margot
in commercial and Legal Officer. works on trade marks and related IP rights
civil disputes, with Moving from General within and beyond New Zealand in areas
particular expertise Counsel and Company such as food and beverage, fast-moving
in contract, property, Secretary at Kiwibank, consumer goods, luxury goods and build-
insolvency, privacy and Fiona is experienced ing industries.
cross-border disputes. across legal, govern- Admitted at the High Court July 2008,
Mitch graduated with ance, commercial and she also specialises in non-traditional trade
a Bachelor of Laws from the University risk management roles. marks including shape,
Otago in 2009, was admitted at the High She began her law career with Chapman colour and sound.
Court in September 2010, and gradu- Tripp before taking on a number of roles Matt Hayes has been
ated with a LLM from the University of spanning 11 years at ANZ, including Head promoted to Principal.
Auckland in 2017. of Governance, Chief of Staff and Head of A member of the lit-
Chen Jiang has been Securitisation. igation and disputes
promoted to Partner. He resolution team, Matt
is a litigation specialist AJ Park promotes specialises in resolv-
across commercial, four, welcomes one ing disputes such as designs, misleading
civil and family areas advertising and product claims, counterfiet
and graduated with a Australasian intellectual property firm goods and regulatory issues.
Bachelor of Laws and AJ Park has announced the promotion of Admitted at the High Court in December
Bachelor of Arts in four lawyers to Principals and appointed 2001, Matt’s experienced at representing
2008. a new Senior Associate to their team as clients in negotiations and mediations
Admitted at the High Court in March of July 1 2019. before the New Zealand and Australian
2010, Chen’s expertise includes contracts, Jonathan Aumonier- Courts, IPONZ and IP
trusts and estates, companies, property and Ward has been pro- Australia.
construction, insurance and relationship moted to Principal. He Natalie Harre has
property. is an experienced trade joined AJ Park’s litiga-
mark and copyright tion and dispute resolu-
David Tyree joins specialist, being rec- tion team in Auckland.
McWilliam Rennie ognised by the World Natalie has extensive
Trademark Review as experience advising on
David Tyree has joined a leading IP practitioner in New Zealand. a range of intellectual property matters,
specialist family law Jonathan was admitted at the High such as trade marks, copyright, patents,
practice McWilliam Court in May 2001, with vast experience border protection, parallel importing and
Rennie as an Associate. across the food and beverage, cosmetics, consumer law including the FTA and CGA.
David has practised for pharmaceuticals and ICT industries. She also advises on terms of engagement
15 years in Taranaki and Kieran O’Connell for social media influencers and other
Wellington, specialising has been promoted social media issues.
and leading teams in to Principal. Admitted
family law. at the High Court in EIS legal welcomes
David’s expertise includes separation, 2003, he joined AJ Park two new solicitors
relationship property, contracting out in 2008 specialising in
agreements, childcare, guardianship pro- trademark and copy- The Ministry of Education’s Education
ceedings relating to decision making for right. Kieran’s clien- Infrastructure Service’s in-house legal
vulnerable people under the Protection of tele ranges from local to international in team (EIS legal) welcomes two new solic-
Personal and Property Rights Act, enduring areas such as craft beer, itors to its construction
power of attorney and challenging estates. organic foods, cosmet- division.
ics and pharmaceuti- Courtney Deed has
Fiona Brown joins cals. He also provided joined as a Construction
Southern Cross advice around the New Solicitor within the
Health Society Zealand flag debate. Wellington Office.
Margot Smith has Courtney joins EIS
Southern Cross Health Society welcomes been promoted to Legal from private
13O N T H E M O V E · P E O P L E I N T H E L AW O ctober 2 0 1 9 · L AW TA L K 9 3 3
practice where she has specialised in Wellington Family Samantha Moore
resolving construction disputes. Law partnership to has just qualified from
Sarah Lester become Chambers AUT University and
joins as the Senior having completed her
Construction Solicitor The partners of Wellington Family Law, P ro fe s s i o n a l L e ga l
within the Christchurch Caroline Hannan, Sija Spaak and Chris Studies, she has joined
office. Sarah brings Dellabarca, advise that their partner- the Auckland property
unique construction ship will dissolve with effect from 30 team as a solicitor.
experience with the September 2019. Olivia MacFarlane
Christchurch rebuild With effect from 1 October 2019, the joins the Christchurch-
from her time at EQC. partners will be practising as barristers based property team
She will be focused on the Ministry’s $1 from Wellington Family Law Chambers. as a solicitor. Olivia
billion plus Christchurch Schools Rebuild The partners state “we would like to works with the team
programme. take this opportunity to thank everybody on a diverse range of
who has been involved in any way with property matters.
Air New Zealand Wellington Family Law since its inception
welcomes Astrid in 1994, and look forward to continuing Harkness Henry
Sandberg those relationships from our Chambers.” announces two new
appointments
Astrid Sandberg has Five new team
joined Air New Zealand members at William Zhang has
as Senior Workplace Anthony Harper been appointed to
Relations Manager. the litigation team.
Prior to this, Astrid Susan Lyall has William has recently
was Senior Legal joined the trust and returned to Hamilton
Counsel at Vodafone asset planning team from Gisborne where
New Zealand, Head of in Christchurch as a he has spent three
Employment Law (EMEA) for the Royal Senior Associate. She years practising pri-
Bank of Scotland, and in private practise has expertise in trusts, marily in family and criminal litigation.
in the UK and at Russell McVeagh in New asset protection, elder William speaks fluent Mandarin and
Zealand. law, estate planning Shanghainese and will be developing his
Astrid holds a BA/LLB (Hons) from the and wills. Susan is also an experienced civil litigation practice.
University of Auckland and an LLM from family lawyer. Recent graduate, Jay
Cambridge University. She is a member of Olivia Welsh has Rajendram has been
the ADLS Employment Law Committee. joined the health and appointed as a law clerk
safety team as a Senior in the resource manage-
Franks Ogilvie appoints Associate in Auckland. ment and employment
new Senior Consultant She has experience in team. Jay is currently
providing health and completing his profes-
Brigitte Morten has joined Wellington law safety legal compliance sionals’ studies and is
firm Franks Ogilvie as a Senior Consultant. advice to businesses expected to be admitted in late 2019.
The firm says she brings for clients strate- and regularly advises clients on ways
gic communications and issue advocacy to address risks in their particular work Rainey Collins appoints
insights. activities. Olivia also provides guidance new associate
Brigitte graduated with a Bachelor and representation to clients following
of Laws and Bachelor of Arts in 2006 workplace incidents. Emily Martinez has
from Victoria University of Wellington, Tom Brodie joins been promoted to
a Masters in Law from the Australian the property team in associate from 1 August.
National University in 2009, and has Auckland as a solicitor. She graduated from the
a post-graduate diploma in Counter Tom’s work includes University of Otago
Terrorism from the Interdisciplinary advice on a wide range with an LLB with first
Centre in Herzliya, Israel. of property matters class honours.
She has previously been a Senior including commercial Emily is in the firm’s
Ministerial Advisor in the New Zealand and unit title acqui- litigation team, focusing principally on
Government and has experience across sitions, subdivisions, high rise develop- Māori legal matters. She works with
Australian state and federal politics. ments, rural and residential properties. whānau, hapū and iwi in claims before
14L AW TA L K 9 3 3 · O ctober 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
the Waitangi Tribunal, and has a particular specialises in com-
interest in Māori education, health, and mercial property and
socioeconomic claim issues. retail leasing, and also
provides advice on
Saunders Robinson commercial contracts,
Brown appoints four company structuring, General Counsel, much of his focus in the
to commercial team joint ventures and first year on the job will relate to the new
trust law. Trusts Act 2019, which will come into effect
Four new lawyers have joined SRB’s com- on 30 January 2021.
mercial team, specialising in commercial Alexandra Allen-Franks
property and projects. awarded Cambridge
Jonathan Gillard Trust Scholarship Advertising in
was admitted as a LawTalk and
barrister and solicitor Alexandra Allen-Franks has been awarded LawPoints
in December 1987. a Cambridge Trust Scholarship and a Trinity
His experience is in Hall Research Studentship to study a PhD Advertising inquiries can be directed
commercial property at the University of Cambridge beginning to advertising@lawsociety.org.nz.
acquisitions & dispos- in October 2019. Information on conditions, rates
als and retail leasing, Her research will consider admissi- and deadlines is available on the
investment in New Zealand, commercial bility of evidence obtained in breach of Law Society website under News
contracts, rural property and trusts. human rights in both criminal and civil and Communications/LawTalk.
Jeff Kenny led the proceedings.
commercial property Alexandra was admitted as a barrister
and projects team at and solicitor in October 2014. She is a grad-
Wynn Williams until uate of the University of Otago, a former Contributing
2019. He specialises in Judges’ Clerk of the Auckland High Court information to
retail property develop- and a former junior barrister to Andrew On the Move
ment and leasing. Jeff Brown QC at Bankside Chambers.
is also a recognised Brief summaries of information
author of legal publications and frequent Henry Stokes joins about promotions, changes in law
speaker at legal conferences. Perpetual Guardian firms, recruitment and retirement
Josh Orton was are published without charge in On
admitted as a barrister Perpetual Guardian the Move (which is also available on
and solicitor in 2003. He has appointed Henry the Law Society website). Please
specialises in large scale S t o ke s a s G e n e r a l send information as an email or MS
acquisitions, disposals, Counsel. Word document (no PDFs please)
subdivisions, leasing Henry brings a to editor@lawsociety.org.nz.
and development wealth of trustee ser- Submissions should be three or four
projects. vices experience from sentences without superlatives. We
Katrina Wood graduated with a in-house and private may edit them to conform to the
Bachelor of Laws with first class hon- practice roles, most recently serving as format used. A jpeg photo may be
ours in 2016, and has previously been General Counsel for state-owned company included but please ensure you
a member of Wynn Williams’ commer- Public Trust. have permission for us to use it.
cial property and projects team. She In addition to Henry’s core duties as
Announcement
Ross Knight, a specialist in trust, estate and relationship property litigation, will
be retiring as a partner of TGT Legal on 31 October 2019, to practice as a
barrister sole, from 1 November 2019.
Ross will be joining Old South British Chambers situated on level 3 South British
Insurance Company Limited Building, 3-13 Shortland Street, Auckland CBD.
www.rossknight.com
15N E W I N T H E L AW · P E O P L E I N T H E L AW
PEOPLE IN THE LAW
N E W I N T H E L AW
Wellington via golf,
Gore and Glasgow
Honor Kerry, judge’s clerk at
the Court of Appeal, Wellington
BY ANGHARAD
O’FLYNN
for both of us. I also remember a par- university. These gave me an idea of what
Born in Glasgow, Scotland, Honor ent-teacher interview in year 10 where working in the law might be like.
Kerry spent the first four years of her life my social science teacher said that she “While I didn’t know much about what
living in the Shetland Islands, the northern- wanted to see me as a lawyer or a politician it looked like in a practical sense, I did
most point of Scotland. changing the law and creating policies to come out of school with firm expecta-
“My parents wanted to move back to the make Aotearoa a better place. I have been tions of how I want to be treated and
Scottish mainland when it came time for fairly focused on the law ever since.” how to treat others – equally and with
me to start school but they felt that, as a respect for their individual dignity and
teacher and a physio, they wouldn’t be able What do you enjoy most about differences.
to give my brother and I the upbringing being a judge’s clerk in the Court “I started working in the law in January
that they wanted for us in Scotland. They of Appeal and the work you do? 2018, about the same time as the publica-
decided instead to give New Zealand a “What I enjoy most about being a clerk tion of revelations about the profession
two-year trial and we are all still here 20 is the exposure that I get to all manner of which were far from those, perhaps naive,
years later. legal issues and factual situations. I have expectations. I am, however, pleased to see
“My family initially moved to Gore as gained an insight into parts of society, the cultural change that is starting to take
it was the first place where my dad could business and government that I had (in place and hope that my naïve, but none-
get a job. Within a year both of my parents some circumstances the privilege of) not theless firm and continuing, expectations
had found jobs in Christchurch and we having any experience in before. I am will be met.”
moved north. Despite then moving to constantly learning.
Auckland for university, and now living “I also really enjoy the people that I have Are there any issues currently
in Wellington, I remain a very proud come across in this role. I have wonderful facing young lawyers that
Cantabrian.” colleagues, have worked with fantastic you’d like to highlight?
people in the wider community, and have “As noted, the legal profession in New
When did you decide that you wanted the – unlikely to be repeated – privilege Zealand requires meaningful cultural
to work in the legal profession? of Court of Appeal judges listening to my change to restore its mana.
“I don’t have any lawyers in my family opinions on a daily basis.” “The profession has serious issues with
but my extremely intelligent and assertive mental health, sexual harassment, bully-
great-grandmother wanted to be a lawyer. After finishing your studies, did ing, discrimination and a lack of diversity.
This, however, wasn’t the done thing at the you find the job matched the I think that all of these issues boil down to
time and the powers that be prevented expectations you had in school? a lack of respect for one another and the
her from doing so. She went on to become “While I wanted to work in the law from a privileged positions that we, as lawyers,
the British women’s champion in golf. I relatively young age, I had very little idea of hold in society.
like to think that she channelled all of her what that would look like. The law is not a “These are serious issues and we must
energy and intellect into hitting golf balls particularly accessible profession for young do better if we want to retain the people
further and more accurately than those people. I had the privilege of not having to that can make the most positive change
who prevented her from doing the same deal with the law in any substantive sense to our legal system.” ▪
with legal arguments. until I got to law school.
“Her story both inspired and frustrated “I had the opportunity to do some Angharad O’Flynn is a Wellington-based
me and it spurred me to work in the law summer clerkships while I was at journalist.
16L AW TA L K 9 3 3 · O ctober 2 0 1 9
PEOPLE IN THE LAW
PROFILE
Top barrister not
afraid of a fight
Belinda Sellars QC
BY TEUILA
FUATAI
in the 10-strong group of appointees There was a time when there didn’t
For Belinda Sellars it has last November. seem to be room for much else –
always been about the underdog. “I’ve had so much positive reac- particularly the end of the 80s and
From her days as a junior in the tion, particularly from younger the 90s. All you did was think about
District Court representing some of lawyers and women and people of how much [you were going to bill].”
Auckland’s most determined drink different backgrounds,” she says. And while men still dominate
drivers, to her current post as one of “I find that very pleasing – that the legal profession, progress since
the country’s top criminal barristers, I can be somebody that can be her early days has been significant,
Ms Sellars does not shy away from approached.” she says.
a fight. “It’s interesting talking about
“I’ve had a circuitous route,” she Law in a less diversity in the law now. When I
says modestly from her Chancery dominating age first started, it really was lots of old
Street chambers. Related comments on the topic white men, even though we were
“I started pretty early. I was still of “diversity in the law”, and the equal amounts coming through law
only 16 when I started university. increasing prominence it has school. There were women around,
I had missed seventh form which received in recent years, show a but they seemed to fade away quite
wasn’t that unheard of in my day.” maturing of both Belinda Sellars quickly. That still happens now, but
Counting backwards, she figures and the profession. hopefully it’s changing a bit.”
she was just 21 when she began It starts with her path into law. One of the things she has noticed,
representing clients. Coming from a family of lawyers, which underlies the need for
“That does sound very young. I it seemed like a natural fit and better representation in the legal
can’t remember exactly, but it would “eminently doable”, she says workforce, is how her presence as
have been around that.” light-heartedly. a person of mixed ethnicity often
Now, at the age of 47, she is about With Vietnamese heritage, she puts some clients at ease.
to mark a year since being appointed stands out from the stable of “old “I sort of look like I’m of no fixed
Queen’s Counsel in November 2018. white men” which has dominated ethnicity. It’s actually an advantage
While there may not have been the profession, though that was because clients feel comfortable.
much time for reflection since the not something she paid much And I think it’s something that we
announcement last year, her wide attention to. often underestimate – how seeing
smile when asked about it tells its Rather, it was all about the work, someone who might share your
own story. Ms Sellars says. background can impact that client/
“It’s extraordinary,” she says. “I’m “I suppose it was a familiar advocate relationship.”
so thrilled by it. It had been some- environment to me because of my Ms Sellars has Vietnamese ances-
thing that I had always thought family and always being around it. try and speaks French, which she
would be a wonderful thing to But, I now see how it must be quite picked up to communicate with her
achieve and I’m incredibly grateful.” unsettling for someone, particularly maternal side of the family.
Unpicking reactions to her if you don’t have the background. “My mother was Vietnamese,
appointment results in an inter- “Honestly, I’ve probably spent but most of her family lived in
esting discussion about changes in my career just sort-of looking in France,” she says. “I couldn’t speak
the legal industry during Ms Sellars’ one direction and charging ahead a Vietnamese so I basically learned
career. She was one of five women bit, rather than reflecting that much. French so I could speak to them.”
17P E O P L E I N T H E L AW O ctober 2 0 1 9 · L AW TA L K 9 3 3
Drink drivers, commercial “I’d like it if the public was re-educated about what
law and the PDS prison actually does and just the fact that when a person
When asked about her choice of criminal defence work, gets into that cycle, it’s so hard to ever get out.”
Ms Sellars points to her time as part of the original The reaction of certain clients and their family mem-
Public Defence Service pilot team in Auckland as a bers when they interact with the system for the first
crucial career point. time provides a bit of reassurance, she says.
Launched in 2004 under Michael Corry, the service “One thing about our system is there’s this perception
was her re-entry into criminal work after six years at that everything is there for the defendant. That couldn’t
Russell McVeagh. Her stint at the firm followed two solid be further from the truth. It’s very dehumanising ... right
years wrangling drink driving cases under Auckland down from the way you stand, the way you’re talked
barrister Michael Harte. about and the way you’re addressed.
“It was great because I got into court and I got lots of “It always amazes me when you get clients who
exposure,” she says of her junior barrister days. have never had anything to do with the criminal justice
“The clientele was real estate agents and car dealers. system and would be the ‘sorts’ that would be attracted
They were people desperate to keep their licences and to some of the messages from the Sensible Sentencing
were definitely a certain sort of person. It wasn’t the Trust or something like that,” Ms Sellars says.
most politically correct of times,” she says with a laugh. “It only takes for them to be charged or a member of
“He [Harte] had quite a unique approach to things the family to be charged to take on an entirely different
but he was a great teacher. Seeing how he worked as perspective.”
an advocate was an education in itself.”
When she wanted to “spread her wings”, Michael Stress, injustice and satisfaction
Harte insisted she seek employment at Russell McVeagh. Overall, Ms Sellars credits a full and varied career, with
“So, I did. It was general litigation and lots of interest- numerous support people and mentors.
ing work. But I came to a point where I thought it wasn’t There have been so many memorable moments, she says.
quite me and that even though I enjoyed it, something The successful appeal for mercy of Tyson Redman,
was missing.” who went to prison for assault following a wrongful
Being back in the thick of the District Court with the conviction in 2007, sticks out.
PDS cemented things for her, she says. “It was when I was still at the PDS that I started an
“I think what had been missing for me at Russell application for the prerogative of mercy. That took five
McVeagh was possibly a sense of purpose. I was finding years to be granted. It ended up almost 10 years after the
commercial litigation a bit unfulfilling. events that we were listening to these witnesses again,
“With criminal law, there’s a lot of social interaction. but this time they were in the Court of Appeal,” she says.
You do often feel like you’re giving back quite a lot.” There is also the case of a disabled man, who was rep-
After five years with the PDS and promotion to a senior resenting himself during a retrial in the Court of Appeal
lawyer position, Ms Sellars took the leap and joined the for sexual offences. “He felt so strongly and argued for
independent bar in 2009. Since then, her career has gone himself even though he had a speech impediment. I
from strength to strength. took him through the journey of a trial again, where
he was acquitted.”
Underdogs and unhelpful clickbait Smatterings of dry, twisted humour from various drugs
When asked if she ever considered a move to prosecu- cases are also mentioned.
tion, she grins and quickly asserts her position on the And then there is her first murder case.
Auckland Crown Prosecutions Panel. “But I haven’t yet “It was about a mother charged with killing her baby.
prosecuted.” That was pretty sad.”
“I suppose I’ve always liked being on the side of the After explaining the woman’s progress in a prison
underdog. That said, I think it’s always good to be able reintegration programme, Belinda Sellars pauses briefly.
to look at things from both sides. And to be a good She then cuts directly to what it is all about.
advocate and adviser, you need to do that,” she says. “It’s the cases where you have a real feeling there’s
Her measured approach extends to other facets of been an injustice of some sort. Those are the ones that
society which impact criminal law. When we discuss are the most stressful and most rewarding. I’ve had
the impact of media coverage on cases, and criminal quite a few of those over the years in different forms.
justice issues, she shakes her head. The headline-grab- They cause you incredible stress at the time, because
bing slant often put on cases and criminal issues adds you have a feeling that ‘this is riding on me’. But, they’re
to misinformation about the justice system, she says. so satisfying when you get the right result.” ▪
“When things in the media over popularise calls
that say ‘prison is the answer’ and ‘longer prison is the Teuila Fuatai teuila.fuatai@gmail.com is an Auckland
answer’, it is really concerning,” she says. journalist.
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