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I S S U E 9 4 2 · A u g us t 2 0 2 0
Very few places
have the same
opportunities
Focus on Levin, page 22
Keeping Bringing data Reputation critical Wellington
abreast of AML analysis into to professional District Court
commitments the courtroom success getting $20m
upgrade
Page 26 Page 30 Page 32 Page 36
A BEQUEST TO THOSE
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
our community. people of New Zealand. Your
Bequest will ensure the Society’s
We have a nationwide network of
vital work of charity and justice
workers and helpers who provide
continues to thrive.
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in desperate situations. Help is offered Be assured it will make a huge
to all, regardless of origin, cultural difference where the need is greatest.
background or religious belief.
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If you would like to discuss a Freepost 992, PO Box 10-815
Bequest with us, please give Wellington 6143
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9
06 · F R O M T H E L AW S O C I E T Y | PEOPLE
TE KĀHUI TURE 16 · Devil’s Own comes round again
07 · L E TT E R S T O T H E E D I T O R ACCESS TO JUSTICE
16 · Explaining complex law
PROFILE
issues to young people
09 · Margaret Casey QC
▹ BY ANGHARAD O’FLYNN
▹ BY TEUILA FUATAI
20
68 PEOPLE
ACCESS TO JUSTICE
18 · New commission fields
11 · New Family Law Section Chair
dozens of applications of
T H E I N N OVAT O R S claimed miscarriages of
12 · Sophie Gladwell and justice ▹ BY CRAIG STEPHEN
Sally Scovell
U P D AT E
PEOPLE 20 · When three becomes a
13 · On the Move crowd ▹ BY KERI MORRIS
AND CHRIS LAHATTE
PEOPLE
15 · New sports law scholarship FOCUS ON...
22 · Levin ▹ BY FRANK NEILL
88
26
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4
Contents
AML/CFT C O U RT S 45 · L AW Y E R S C O M P L A I N T S S E RV I C E
26 · Keeping abreast of AML 36 · Wellington District Court
L E G A L I N F O R M AT I O N
commitments ▹ BY JAMIE DOBSON getting $20 million upgrade
47 · Recent legal books
▹ BY MORWENNA GRILLS
PRACTICE ▹ BY FRANK NEILL
28 · What to do when a legal TA L K I N G A B O U T M E N TA L H E A LT H
48 · WILL NOTICES
problem becomes a lobbying 38 · Flourishing: A different
problem ▹ BY DEBORAH HART perspective on mental well- 49 · CLASSIFIEDS
being ▹ BY ERIK VAN DEN TOP
PRACTICE 51 · CPD CALENDAR
30 · Less art, more science PRACTISING WELL
LIFESTYLE
▹ BY BENJAMIN LIU 40 · Lawyers, wellness and high
53 · A New Zealand Legal
trust professional relationships
PRACTICE Crossword ▹ SET BY MĀYĀ
▹ BY EMILY MORROW
32 · Reputation critical to
LIFESTYLE
professional success IN-HOUSE
54 · Law on the Telly: Bungay On
▹ BY DENNIS GATES 42 · The ‘new normal’ for
Crime ▹ BY CRAIG STEPHEN
in-house legal functions
PRACTICE
▹ BY ANDREW DE BOYETT
34 · Origins of our social
conflict ▹ BY PAUL SILLS
F O R M AT O F T H I S I S S U E PEOPLE
Actions taken because of the COVID-19 pandemic have P R E S I D E N T Tiana Epati
resulted in this being the fifth consecutive issue of
LawTalk which is not published in hardcopy. Instead, it VICE PRESIDENTS
D I G I TA L C O N T E N T E D I T O R SENIOR DESIGNER
is available online and has been distributed by email and Jacqueline Lethbridge (Auckland)
Craig Stephen Andrew Jacombs
through the Law Society's website. This issue retains the Herman Visagie (Central North Island)
craig.stephen@lawsociety.org.nz andrew.jacombs@lawsociety.org.nz
design and layout of the hardcopy version and we hope Arti Chand (Wellington)
that readers will find it as informative and useful to the Frazer Barton (South Island) C O M M U N I C AT I O N S A D V I S O R DESIGNER
practice of law as our past issues. (SOCIAL MEDIA) Sophie Melligan
CHIEF EXECUTIVE
Jamie Dobson sophie.melligan@lawsociety.org.nz
C O N TA C T D E TA I L S Helen Morgan-Banda
jamie.dobson@lawsociety.org.nz
JUNIOR DESIGNER
PO Box 5041, Wellington 6140, New Zealand C O M M U N I C AT I O N S M A N A G E R
WEBMASTER Nina Gillanders
DX SP 20202 Morwenna Grills
Miranda Kaye nina.gillanders@lawsociety.org.nz
morwenna.grills@lawsociety.org.nz
PRINTING AND DISTRIBUTION miranda.kaye@lawsociety.org.nz
A D V E RT I S I N G
L AW TA L K E D I T O R
Blue Star, Petone, Wellington D I G I TA L C O N T E N T S P EC I A L I S T Maria Pirela · 04 463 2905
Frank Neill
ISSN 0114-989X (Print) · ISSN 2382-0330 (Digital) Angela Ludlow advertising@lawsociety.org.nz
editor@lawsociety.org.nz
angela.ludlow@lawsociety.org.nz
5
F R O M T H E L AW S O C I E T Y | T E K Ā H U I T U R E A u g u st 2 0 2 0 · L AW TA L K 9 4 2
F R O M T H E L AW S O C I E T Y | T E K Ā H U I T U R E
In my previous column for Almost 300 people have registered, and more than 150
LawTalk in June this year I wrote mentoring matches have been made since we launched
about the massive disruption the national mentoring programme on 14 May 2020 after
caused by the Covid-19 pandemic a successful pilot. This is a virtual platform and it’s been
and the effect it was having on our gratifying to see that we are attracting a diverse group
personal and professional lives. of mentors and mentees.
New Zealand has since emerged Another way of building social capital is getting
as one of the few countries to have involved in the political process. This is an option that
controlled the transmission of the has attracted many lawyers. Two of the world’s most
virus in our communities, although influential leaders, former United States President Barack
this has involved extremely strict Obama and Nobel prize winner and South African
controls on our borders and compul- President Nelson Mandela, were both practising lawyers
sory quarantine for all those arriving earlier in their careers.
in New Zealand. At least nine of our Prime Ministers worked in the
Elsewhere, Covid-19 continues legal profession before going into politics, and in the
to wreak havoc on societies and last election alone at least 31 lawyers were vying for a
economies. At the time of writing spot on the parliamentary benches.
the number of global cases had During his interview with LawTalk this month Justice
exceeded more than 16 million with almost 650,000 Minister Andrew Little reflected on how the skills he
people dying from the disease. gained as a lawyer had proven useful as a politician.
We can look back with pride about how our ‘team of “You get used to dealing with lots of information,
five million’ came together and successfully controlled deciphering and distilling it, and stating your position
the spread of the virus. It is also good to reflect on the role effectively.”
of the Law Society, from our governors to our staff and In this edition of LawTalk Dennis Gates takes a look
volunteers, in assisting the profession and the judiciary to at the role of reputation in being a succesful lawyer. In
maintain services during a lengthy period of disruption. this era of radical societal change, and with the focus
At the same time, we need consider the likely long- the Law Society and legal profession in New Zealand
term effects of the pandemic and how we can adjust have had on buiding a healthier, safer culture this is a
to them as a profession and a society. pertinent subject.
Historian Professor Kyle Harper, the author of The Dennis touches on an interesting point about the
Fate of Rome: Climate, Disease and the End of an Empire, change in client relationships that the AML/CFT leg-
recently gave a very sobering interview on Radio New islation has brought in, meaning all clients must be
Zealand where he spoke about how, despite its advanced treated as an unknown entity and verified.
infrastructure and immense power, the Roman Empire For those who place a strong value in trusted
was brought down by pandemic and climate change. relationships this can present potentially difficult
The Roman Empire was struck by the Antonine Plague situations. But with the AML/CFT requirements now
between AD165 and 180 and the Plague of Cyprian from entering their third year it is clear they are very much
about AD 249 to 262. As Professor Harper describes it the now part of our legal landscape. We take a look at the
lethal pandemic struck almost out of the blue at a moment first two years of the legislation and why it has proved
of peak population, prosperity and imperial power. to be so complex.
“There is something about our psychology that maybe Whether it is responding to a pandemic, negotiat-
makes us forget the catastrophes that are inevitably ing the political landscape, practising as a lawyer, or
going to occur in human history,” he told the interviewer. being a partner in a law firm, values are fundamental
So how do New Zealand lawyers as a profession to maintaining trust.
learn from history? Professor Harper suggests the ‘silver Michelle Obama, an American lawyer and author who
lining’ from Covid-19 might be its role in providing us was the first lady of the United States from 2009 to 2017
with a powerful reminder of our vulnerability and help puts it well when she says: “I have learned that as long
us develop forms of response and social capital that as I hold fast to my beliefs and values – and follow my
improve our resilience. own moral compass – then the only expectations I need
This is where the Law Society’s well-being programme to live up to are my own.” ▪
has an important role to play. One initiative, launched
nationally during the pandemic lockdown after a suc- Helen Morgan-Banda
cessful pilot, is our new mentoring programme, an ideal Chief Executive, New Zealand Law Society |
way for the profession to help each other build resilience. Te Kāhui Ture o Aotearoa
6
L AW TA L K 9 4 2 · A u g u st 2 0 2 0 L E TT E R S T O T H E E D I T O R
LETTERS TO THE EDITOR
A disappointing article
and the value that I perceive that I appropriate approach for an exter-
I hope it comes as no surprise have provided over that period. nal news publication, it is not for
that I am disappointed in the arti- I strongly suggest that the for- LawTalk which is produced by the
cle written by Jock Anderson and mulaic method of interview be New Zealand Law Society | Te Kāhui
published in the June 2020 issue of abandoned, and future interviews Ture o Aotearoa for the profession.
LawTalk. be focused on legal practice and I am looking at other changes to
What was produced amounted perceptions arising therefrom, not the profiles, including what ques-
to an information dump arrived at on leisure time pursuits; that a mod- tions are relevant and how we can
by way of personal questions better icum of research be undertaken by get a balance between relevant
suited to a medium such as Woman’s the person commissioned to inter- personal information and the types
Day as opposed to LawTalk. view and that a draft be provided to of insights into the profession you
It has clearly not been edited. It the interviewee for comment. have suggested.
has been supplemented, it appears, I am also looking at our capacity
by information obtained from John Swan to bring these profiles in-house
Google and it sits very uncomforta- so communications professionals
bly with the editorial standards that who are immersed in the culture
you have maintained at LawTalk. Response from New of the Law Society can apply that
When I questioned Jock as to the Zealand Law Society knowledge to the profiles that are
relevance of he car I drive and the Communications Manager produced.
music I listen to, he indicated that Morwenna Grills I really appreciate receiving
was a Law Society requirement, as Tēnā koe John, feedback on our publications as
was the prohibition of prepublication Thank you for your letter and for they help shape and guide our
comment on the completed work. sharing with me the concerns that content to ensure we provide what
There is information within the you had with your profile in the our readers and profilers want to
article that is accurate and poten- June edition. hear about. I would like to thank
tially interesting. There is also I would like to begin by apolo- you for taking the time to write this
information that is inaccurate and gising for you not being allowed to letter and for meeting with me to
irrelevant. What is omitted is the review your profile prior to pub- discuss the matter in person. I hope
comments made to Jock relating to lication. That is a practice I have from our conversations that you are
the importance of people to both my already changed and it will not satisfied with the changes already
enjoyment of my period in practice occur again. While that may be an underway. ▪
Early times in the Land Transfer Office
roller doors over all the very tall Act, a huge task to search all the
I enjoyed the legal history narrow windows said to be for fire old documents in the deeds system
article by Sir lan Barker (LawTalk protection. and transfer all the land to the Land
June 2020). I give a commentary on the earlier Transfer system.
As a law clerk I, too, braved times of the old Land Transfer Office. New employees were subject
the slope up Courthouse Lane to My father Tom Dennett joined to pranks. The most frequent was
the church-designed building to the then Lands and Deeds Office in a senior’s directive to each new
search titles, register documents, 1920 as a cadet and soon became cadet to find the lost document
seek guidance and, if delayed until involved in the task to bring about bundle. Another often repeated
4:35pm, witness the loud thundering one fifth of all land still in the deeds story was of the new cadet who
of the metal blinds built like garage system under the Land Transfer was directed to go down to the
7
L E TT E R S T O T H E E D I T O R A u g u st 2 0 2 0 · L AW TA L K 9 4 2 Lands and Surveys Department in next to the Lands and Survey Plan As an Assistant Land Registrar, Customs Street, advising that he had section and the Companies Office. Tom – with help from an experi- come to collect the escalator for the I can remember when our mother enced solicitor – developed the Lands and Deeds Office. A clerk in was ill, being taken by Tom and composite title system for ‘own your the Lands and Survey Department sleeping in the room with him. own flats’ which subsequently was excelled himself by remembering The New Zealand Herald in described by Sir Bruce Slane in a that there was a stored disused September 1945 reported that Tom Law Society newsletter as one of toilet pan and, carefully wrapping and two other Lands and Deeds the most significant and worthwhile it in brown paper and string, sent clerks had grown tired of walking developments in conveyancing the boy back to the Lands and Deeds in the hot and crowded city streets within the existing Land Transfer Office telling him to deliver it to the and spent lunch hours working in Act provisions. This system was District Land Registrar as the Lands their garden, established on the developed to meet the demand for and Survey escalator. grass area. The trio were pictured in more than one flat or unit to be built ln 1932 all government servants the Herald working in their garden. on the local authority designated had their wages reduced by 10%. The article accompanying the photo- minimum size section which could Tom remembered that the Lands graph also reported that they were not be further subdivided. and Deeds Office staff went to the rewarded with a flourishing crop for A system was devised to grant Queen’s Ferry Hotel in Vulcan Lane home consumption. a lease to each flat owner for to celebrate, because at least they Sir lan refers to Miss Mon 999 years. The lease holder then had jobs. Williams, the cashier who presided purchased an undivided share in The original entrance to the from a glass box receiving payment the freehold section equal to the church prior to it being converted of the registration fees. She also number of flats on the section. to the Lands and Deeds Office was answered the telephone. lf the call Tom then introduced what became across a grassed area, up the steps was personal for one of the staff, known as the composite title, which from the corner of High Street and she would put the telephone handle allowed for the share in the fee the Courthouse Lane. The original to one side and leave it there until simple and the leasehold estate for church entrance had been blocked the callee passed her on the way the particular flat to be established up in the early 1930s to prevent to the search room or back from in one title, a cross lease title. people using it as a thoroughfare the search room. This also had the Tom also arranged for the Land to the Magistrates’ Court. On the advantage for her of tying up one Transfer office to accept and register concrete wall on High Street next telephone line. restrictive covenants as part of the to the steps was a notice, “Private Tom Dennett gained a reputation leasehold estate. This concession Entrance Deeds Department as a gracious and helpful mentor removed one of the disadvantages Solicitors Only” – a notice that was to the younger clerks working in of the system, in that areas of exclu- still on the wall in the 1970s. This the Lands and Deeds office. Many sive use of parts of the land could meant there was no access to the of them were studying law while be established so that the flat holder grass area from the building or the working in the office. He also not only then had an exclusive use street. Access to this grass area was gained a reputation for being of that flat but also exclusive use through a tall window in the new approachable for the law clerks of the appropriate land pertaining titles room at the back of the large and lawyers frequenting the office. to the unit. search room. Lands and Deeds office During the post war boom in hous- As a civil servant, Tom was enti- staff lunched on the grass area. ing, solicitors constantly sought tled to retire after 40 years’ service There was also an asphalted yard his help with dealings with large with superannuation based on his that was ideal for quoits. subdivisions, requiring expertise salary over the final five years of his Late in the second world war with the creation of easements, service. Tom retired the day his 40 when the Japanese invasion/bomb- restrictive covenants and the years was up but continued to work ing was considered a possibility, issues of new titles within a time- as a law clerk for legal firms for a Land and Deeds office staff took frame to enable the subdivider to further 15 years. ▪ turns sleeping at night in a room commence the sale process for the adjoining the lunchroom upstairs sections. Graeme Dennett 8
L AW TA L K 9 4 2 · A u g u st 2 0 2 0 PROFILE
PROFILE
Margaret Casey QC
I’m a Casey from Taumarunui
BY TEUILA
FUATAI
It takes a while to coax Margaret
Casey, QC, into an interview.
“I’m not sure if you can tell, but I
hate talking about myself,” she says
when we eventually connect.
Unassuming and direct, the
Auckland barrister’s path to law
school, and through the workforce,
is its own tale of determination.
A small-town kid from a family of
six in the King Country, Ms Casey
had two paths in mind at the end
of high school: law or journalism.
Enquiries into both were not well
received by the school’s careers
officer, she recalls.
“He didn’t actually say it was
because girls couldn’t do it. He just
said our school wasn’t zoned for
law school.
“I still remember thinking that
did not make sense when we sent
so many students down to Otago
to do PE, and we sent the boys to
med school, and he sort of tried to
direct me into teaching at Waikato.”
Her mother stepped in and the
pair drove to the University of ▴ Photo taken by Claudia Chilcott
Auckland to find out directly what
the admissions process was. kids and other students, and it was of the students who came from out
It was 1978 and it turned out girls pretty intimidating for someone of town – that was my experience
could go to law school, Ms Casey from Taumarunui, Ms Casey says. anyway.”
says. “You kind of kept your head low After completing her Bachelor of
The following year, she was and didn’t really say a lot, all the Arts in Political Science and Law
among the cohort of keen-eyed first while thinking: ‘Is this really for me?’ degrees, edging into the workforce
year students. It was an interest- Then of course in the holidays, you’d was another challenge to navigate.
ing introduction to Auckland, she go home because that was where While the stories she tells about
recalls. you could get work – in the shearing the process are light-hearted and
gang, the pub and the local council. punctuated with humour, it is clear
Getting to know “It was great for that, but you Ms Casey’s rural background did not
the big smoke never really saw the play side of work in her favour. The competitive
From the beginning, there seemed Auckland. I think at times there nature of the job market – which
to be a difference between the city was a parallel universe for many focused on top graduates – did not
9
PROFILE A u g u st 2 0 2 0 · L AW TA L K 9 4 2
help either, she says. a barrister sole in February 1993.
“I applied for a lot of jobs and I still have all the letters Her focus steadily shifted towards
actually,” Ms Casey says. “Because unless you were in medical ethics, international family
that top percentile [of graduates], it was really hard to law issues, and reproductive law.
even get an interview. Then there was the fact that I She also became one of the first
was a female, and someone unconnected to Auckland.” lawyers in New Zealand to work
Explaining who her family was, in particular her father, on international child abduction
were among some of the more memorable interview cases – an area she continues to
moments, Ms Casey recalls with a laugh. specialise in.
“In interviews, I’d always be asked about my surname.
My family name is a legal name, but I’m not from the The international scene
legal family of Caseys,” she says. The early 90s, which marked the ini-
“I would be asked: ‘Are you related to Justice [Maurice] tial years of the Hague Convention
Casey? Is he your father?’ on the Civil Aspects of International
“And I would say: ‘No, Peter Casey is my father’. They’d Child Abduction in New Zealand,
say: ‘Well, who’s he?’ were particularly interesting, Ms
“And I would say: ‘He’s an accountant in Taumarunui’. Casey says.
“And they would be so underwhelmed – I can’t tell “It was a whole new way of work-
you. And then all the references from the manager of ing and you had to work really fast
Cobb & Co, and a little law firm I worked for, and the and I was involved in a lot of the
local council – which had been great references – seemed early cases and appeals.
not to carry much weight.” “Looking back, you can see those
cases and see the principles devel-
A passion for family law oping in your own country.
Eventually, she got her foot in the door alongside three “The most exciting thing about the
other graduates at Fortune Manning. The group was hired early cases was that you were able
because of a then-Government initiative to subsidise to look at the other countries who
law graduates into firms. had signed the same convention
After a stint there, Ms Casey took a position at the earlier than New Zealand and refer
smaller firm Rennie Cox. It was here she began to explore to cases from those jurisdictions. We
more global career options – in particular, a focus on were able to say to the judge: ‘Look
the evolving fields of family law and mediation work. this is how the convention was
“I wanted to work on stuff that I could see were interpreted by the German courts, or
perhaps options in the future,” she says. “One of them in the UK in a case involving English
was a more global view of how family law was working and Australian parents. Those cases
across other countries. The other part of it seemed, to and the principles could be directly
me, to be mediation.” applied by the NZ court.’
At the time, children’s rights as a separate area of “Conventions cases had univer-
interest in jurisprudence was gaining traction, both in sal application which made the
New Zealand and overseas. Related to that was the rising research exciting and the legal
number of cases Ms Casey was being assigned as lawyer discussions fascinating.”
for child – a role she thoroughly enjoyed. More broadly, she talks about the
To broaden her skills, she enrolled in a Masters In Law evolving nature of family law and
studying the subjects of child law, alternative dispute the implications of working across
resolution and comparative family law at the University international jurisdictions.
of London (King’s College). The decision meant a stint Applications under the Abduction
abroad for her and husband Ivan Connell, who is a Hague Convention have changed as views
general practitioner. Convention on the rights of children have devel-
“I wanted to find out more about how things were cases had oped. However, not all jurisdictions
working, get a big-picture view of things,” Ms Casey says. universal have the same level of understand-
“For me, that was the biggest step change. I loved application ing, Ms Casey says. Greater recogni-
living in London and loved studying. I was about 30 which made tion of the far-reaching impacts of
then, and had been working for four or five years, post the research family violence, and the limitations
admission. I knew what the law actually did, or what exciting and legal frameworks often have in pro-
it meant, so studying it felt more focused and it was so the legal tecting victims has been another
stimulating and interesting.” discussions significant development over the
On their return to New Zealand, Ms Casey set up as fascinating years. Those changes continue to
10L AW TA L K 9 4 2 · A u g u st 2 0 2 0 PEOPLE
PEOPLE
inform how the law is implemented in different places
New Family
and what happens in cases, she says.
“The most fascinating part about family law is to see
how it evolves as we start to receive more informa-
Law Section
tion from the social scientists around people, rights,
psychology, and as we get a greater understanding of
family dynamics.”
Chair
Her expertise in international parenting rights and
surrogacy law saw her appointed five years ago to an
experts’ group with the Hague Conference on inter-
national law. More than 20 different jurisdictions are
represented on the panel, which is working towards
creating an international framework or set of rules
for determining parentage in cross-border situations. Napier barrister
Working with this group has been one of the highlights Caroline Hickman
of her career, Ms Casey says. is the new Chair
“One day, there will be a Convention like the Child o f t h e Fa m i l y
Abduction Convention that gives countries a rulebook Law Section, suc-
for assigning parentage in international situations. There c e e d i n g Au c k-
are many situations where recognising parentage across land family law
borders is critical. For example, to establish inheritance, barrister Kirsty
citizenship, or maintenance rights, as well as for the Swadling.
increasing numbers of children born through surrogacy.” While she grew
For jurisdictions like New Zealand, which is yet to up and studied in
pass surrogacy-specific legislation, it will provide an Wellington, Ms
important framework for families and surrogates, she Hickman has been a family lawyer in Hawke’s Bay
says. since 1993.
“It’s very challenging work intellectually, but it’s worth She became a barrister sole in 2001 and trained as a
it because I have access to a global view of what is mediator in 2009.
happening in the fast-evolving area of medicine and Her practice is now almost exclusively family, Youth
law. And it’s the most current view of what’s happening Court and mediation work, including court appoint-
in a field that I’m most interested in.” ments as lawyer for child, counsel to assist, counsel
for the subject person and youth advocate. She also
Becoming a QC practises in all other family areas including relationship
Just before we finish, I ask Ms Casey about her appoint- property and domestic violence.
ment as Queen’s Counsel in 2015. She fires a simple and Ms Hickman has been a member of the Care and
direct answer on its significance for her. Protection Panel for 10 years. She continues to be a panel
“I’ve always been busy over the years, but I suppose it member for the Legal Aid Provider Selection Committee,
gives you a gold standard, and other people who previ- a board member for the Napier Family Centre and faculty
ously hadn’t thought about working with you suddenly member for NZLS CLE Ltd’s litigation skills programme.
start thinking that you might actually have some skills. Ms Hickman also regularly presents on family law to
“It was also really good for family lawyers to see different community groups. She was first elected to
one of their own appointed. We’d seen it with Simon the Family Law Section Executive in 2015.
Jefferson in Auckland, and Anita Chan in Dunedin, so it Ms Hickman graduated as an LLM from Victoria
had happened before – but it’s good for us as a specialist University in 2017, completing her dissertation about
bar to have that recognition.” evidence in the Family Court.
The appointment was also announced just after Ms She is married with three children who have left home
Casey’s mother’s death, and was particularly special for tertiary study and beyond. Outside of work, other
for her family at a difficult time. than family, and the arts, her main passion is classical
“My parents were incredibly supportive. Your parents singing, which she enjoys as an audience member and
help you make things happen when you’re a young as a performer. ▪
person, so it was a really nice moment for our family to
celebrate this when we were so sad. We all knew how The new Family Law Section Executive also includes:
proud mum would have been.” ▪ Susie Houghton (deputy chair), Lauren Pegg (treasurer),
Dr Allan Cooke, Rachael Dewar, Andrew Finnie, Mania
Teuila Fuatai teuila.fuatai@gmail.com, is an Hope, Siobhan McNulty, Stephanie Northey, Johan
Auckland-based journalist. Niemand and Richard Smith.
11T H E I N N O VAT O R S A u g u st 2 0 2 0 · L AW TA L K 9 4 2
T H E I N N O VAT O R S
Sophie Gladwell
and Sally Scovell
Directors | Scovell & Co
procedural fairness are met.
LawFest organiser Andrew King A flexible working philosophy,
continues a series of interviews with coupled with strategic use of tech- ▴ Sophie Gladwell (left) and Sally Scovell
key legal professionals with their nology, is central to our business.
innovation and technology stories. We both have three young children – remotely and use legal contractors to assist us, meaning
Sally has three girls and Sophie three we have lower overheads and are more cost effective.
Tell us about yourself boys. We were drawn together by a During lockdown, we were able to seamlessly adapt
We are co-founders of Scovell & Co, common philosophy – that we could to a completely remote model by moving all our inves-
New Zealand’s first law firm spe- get the legal work done, provided tigation interviews to Zoom. Aside from having children
cialising in workplace investigations we were free to determine when spontaneously interrupting our interviews, not a lot has
and reviews. Workplace investiga- and where we did it. changed from a business perspective.
tions generally involve complaints In practice, we conduct inter-
relating to bullying, harassment views on-site at the client’s offices, What are some of your tips to start innovating
or inappropriate conduct in the in instructing firm’s offices or – as or developing an innovative mindset?
workplace. We also conduct cultural is more common these days – over Innovation for us has been born out of a problem we
reviews into teams and workplaces. Zoom. Our model means we have sought to solve. Having identified a need in New Zealand,
We began our careers in large significantly more control over our the first step for us was to find out how this was being
commercial law firms, then took time own schedules. addressed in overseas jurisdictions. We then reached
off to start families, before founding out to our network to ‘test the waters’ and understand
Scovell & Co. We are both passion- What role does technology if we were on the right track. The feedback was positive
ate about the work we do within play in innovation? so we continued from there. We encourage all lawyers
organisations – ensuring that these In our view, technology facilitates to keep an eye on what is happening overseas to see if
processes are run fairly and transpar- innovation. It has been an essential it can be adapted for the New Zealand market.
ently for all involved. Fortuitously, we tool in building the business from
have been able to set up the firm so it the ground up and allowing us to Post Covid, what impact do you see in
works with our family lives as well. run the firm the way we do. We are how legal services will be delivered?
completely dependent on technology Our hope is that firms have realised that lawyers can
What does legal innovation for everything from paperless file work remotely while still working productively and
mean to you? management to connecting the team. collaboratively. We have always felt lawyers are well
The legal market is always evolv- suited to remote work as we record our time – so it’s
ing to meet our clients’ developing What opportunities has legal easy to track the work that’s being done and when.
requirements. In our case, we identi- innovation brought to you?
fied a need in New Zealand for legal Having identified an opportunity to Why is it important for legal professionals
professionals specialising in inde- specialise in this emerging market, to continue to learn about legal innovation
pendent workplace investigations. we could set up the firm to meet and leveraging technology?
These types of investigations are both our needs and those of our In our line of work, we gain valuable insight into how
not new. Previously, workplace clients. By working remotely and New Zealand’s organisations are operating – and across
investigations were generally flexibly, we have been able to return the board, innovation and technology is embraced. It is
conducted either in-house or by to full-time hours while remaining essential that we do the same to ensure we can connect and
the client’s external employment hands-on parents. It remains a work seamlessly with these organisations as our clients. ▪
lawyers. However, in recent years constant juggle – and often means
it has been increasingly recognised working evenings and weekends – Andrew King andrew@lawfest.nz is the organiser
that engaging external independ- but it’s a model we both prefer while of LawFest, which is running a virtual and OnDemand
ent investigators helps ensure the our children are young. event ‘LawFestLive’ on 5 August 2020. Further details
requirements of natural justice and It also benefits our clients. We work can be found at www.lawfest.nz
12L AW TA L K 9 4 2 · A u g u st 2 0 2 0 PEOPLE
PEOPLE
On the Move
business restructuring,
commercial insolvency
Health Practitioners Two new Senior
and debt-recovery. He
Disciplinary Tribunal Associates in Buddle
works closely with a
Acting Chair Findlay’s Auckland office
wide variety of clients
Dunedin barrister Alison Douglass has on issues affecting their Paul Appleyard has
been appointed Acting Chair of the Health businesses and regu- joined Buddle Findlay’s
Practitioners Disciplinary Tribunal to 19 larly advises insolvency Auckland office as a
December 2020. Alison has been a Deputy practitioners and creditors on recovery and Senior Associate in the
Chair of the tribunal since October 2018. enforcement proceedings. Jono also has banking and finance
Auckland barrister David Carden has extensive experience with commercial team. Paul specialises
retired after serving two and a half years property matters, including leases, sale in banking and finance
as Deputy Chair and 10 years as Chair of and purchase transactions and financing. with a focus on event-
the Tribunal. Auckland barrister Maria Dew driven finance, complex and cross-border
QC will continue in her role as a Deputy financing, syndicated lending and bor-
Chair of the tribunal. rowing, and portfolio acquisitions. Before
Anthea Herron
joining Buddle Findlay, Paul worked at a
joins Juno Legal
leading law firm in London. Paul advises
Anthea Herron has joined Juno Legal both lenders and borrowers, within New
AMINZ elections
as the firm’s first Zealand and internationally.
Mark Kelly was elected President of the Christchurch-based Ed McGimpsey
Arbitrators and Mediators Association of lawyer. has re-joined Buddle
New Zealand (AMINZ) at its recent election. Anthea is a senior Findlay as a Senior
Nicole Smith was elected Vice President, in-house lawyer with Associate in the prop-
and the Councillors are Anna Kirk (term experience across TMT, erty and construction
ongoing), Kate Hesson, Rachael Schmidt- cyber security, M&A team. Ed is based in
McCleave, and Malcolm Wallace. The new and network infra- the Auckland office
AMINZ Council takes over on 6 August. structure as well as broad commercial and and specialises in the
regulatory issues. She started out in private engineering, procurement, construction,
practice with large firms in Sydney, London and operation and maintenance aspects
and Auckland before moving in-house as of major developments, infrastructure,
Erica Burke joins
Senior Legal Counsel at Orcon, Stevenson power and energy projects. Before re-join-
Haigh Lyon
Group and Kordia. Anthea is also Chair of ing Buddle Findlay, Ed spent four years
Erica Burke has joined Haigh Lyon’s family the Board of Trustees at Medbury School in London working in the real estate and
law team led by Amanda Donovan and and she holds an LLB and BA from the projects team at Slaughter and May.
Jennie Hawker. Erica has specialised in University of New South Wales.
family law for six years and is a patient
advocate with a practical approach to
managing all forms of relationship property
and trust matters.
Jono Cole now Senior Paul Moriarty BSc FCA F Fin MInstD
Associate at Ford Sumner T 09 363 3700
M 022 107 5787
Jono Cole has been made a Senior www.moriartyassociates.co.nz
Associate at Ford Sumner. Jono, who joined
the firm in 2013, specialises in corporate and
commercial law, with particular expertise Expertise • Experience • Independence
in company law, mergers and acquisitions,
13PEOPLE A u g u st 2 0 2 0 · L AW TA L K 9 4 2
Based in AJ Park’s Wellington office, disputes in all jurisdictions of the ordinary
Sarah works with clients throughout North courts, and in arbitration and other alter-
Luke Cunningham
America, Europe and Asia, prosecuting native dispute resolution methods.
Clere promotions
patent and design applications in New Wallace’s litigation practice includes
Luke Cunningham Clere has promoted Zealand and Australia. Sarah also assists contract, leasing, insurance, construction,
Jamie O’Sullivan as New Zealand innovators with patent and employment, bodies corporate, personal
a Principal. Jamie is a design protection to help them expand and company insolvency, relationship
Senior Crown prose- overseas. property, trusts, estates and Māori land.
cutor and experienced
trial litigator. She pros-
ecutes serious crime in
Jo Wickliffe joins James McLeod joins
the District and High
Guardian Chambers McLeod & Associates
Courts. Jamie also
partnership
conducts complex regulatory prosecutions Jo Wickliffe has joined Guardian Chambers
and appeals for a variety of government in Auckland. She has over 20 years of James McLeod has been made a partner
agencies and other bodies. Jamie has par- criminal law experience. Jo is of Ngāti of McLeod & Associates.
ticular interest and experience in resource Tuwharetoa and Ngāti Wahio descent. James advises indi-
management and has appeared as lead viduals and businesses
counsel in the District Court, High Court on all areas of New
and Court of Appeal on these matters. She Zealand immigration
Moana Dorset joins
also conducts civil proceedings including law. His experience
NL Lawyers
asset recovery and appeals against decision includes devising strat-
making authorities. Moana Dorset has joined NL Lawyers as a egies for NZ businesses
Claire Hislop and Sean McCusker Senior Lawyer. Ms Dorset was previously in securing interna-
have been promoted to Senior Associ- with Ahuriri Chambers as a barrister sole tional talent, advising entrepreneurs and
ate. Claire is expe- and brings with her decades of experience investors, and acting on skills-based and
rienced in criminal having appeared in the District Court, High partnership visa applications, residence
prosecution and reg- Court and Court of Appeal in the criminal and deportation appeals, and special
ulatory enforcement. jurisdiction. direction requests to the Immigration
She regularly appears Minister. He also acts for licensed immigra-
in the District and High tion advisers in professional disciplinary
Courts prosecuting for proceedings. Admitted in New Zealand in
Two new partners
the Crown and various 2003, James has also gained admission to
at Farry and Co
central and local gov- the England and Wales bar.
ernment organisations. Fahra Manning and Wallace Revell have
Sean is experienced in been appointed as partners of Farry and Co.
civil, commercial and Fahra was admitted
Tim Bunker
public law litigation for in 2002 and has an LLB
appointed partner at
a range of private and and a BA, both from the
Anthony Harper
public sector clients. University of Otago.
He regularly appears Fahra is a leader in Tim Bunker has been
in the District and High Courts. Farry and Co’s property appointed partner
and commercial team, in Anthony Harper’s
assisting both corporate national property team.
and private clients, with a particular focus Tim specialises in
Sarah Barclay promoted
on trusts, relationship property, unit titles, leasing, commercial
to Principal at AJ Park
commercial property and finance. and mixed use devel-
AJ Park has announced the promotion of Wallace was admit- opments, acquisitions
Sarah Barclay to Principal. ted in 2011 and prac- and disposals of land and subdivisions.
Sarah specialises in patent, design tised in Rotorua before He is ranked in international directories,
and related intellectual property law for joining Farry and Co was a finalist in the Young Private Practice
mechanical and manufacturing patents, in 2016. Wallace leads Lawyer of the Year at the 2015 Law Awards
where she is able to make the most of her Farry & Co’s civil litiga- and was recognised as a ‘Rising Star’ in the
degree in mechanical engineering and prior tion and dispute resolu- 2020 Legal 500 Asia Pacific Guide.
industry experience. tion team, conducting Tim’s appointment is the first internal
14L AW TA L K 9 4 2 · A u g u st 2 0 2 0 PEOPLE
PEOPLE
partnership appointment for Anthony
Harper’s Auckland office. New
New commercial partner sports law
scholarship
at Lowndes Jordan
Sarah Kerr has been made a partner of
Lowndes Jordan.
Sarah joins Lowndes
Jordan with over 22
ye a r s’ e x p e r i e n ce , A new sports law scholarship has been established.
including 14 years as a The Australian and New Zealand Sports Law Association
commercial partner in (ANZSLA) has set up the scholarship as part of its commitment
other leading Auckland to legal education.
law firms. Lowndes Designed to support an individual who wishes to engage in legal
Jordan now has eight research in the area of sports law, the inaugural grant is $10,000.
partners and more than 15 staff in its The scholarship is available to ANZSLA members who are either
central Auckland offices. planning to study or who are currently enrolled in a graduate
academic programme in a university or similar tertiary education
provider, or in a course of studies that has a demonstrable sports
law component.
Darroch Forrest
Applications for the inaugural 2020-2021 scholarship programme
Lawyers announce
close on 31 August 2020 and award winners will be announced
two new partners
on the ANZSLA website on 12 October 2020.
Lauren Castle and Ben Sanders have been The scholarship rules, eligibility criteria and application form
promoted to partners at Darroch Forrest are available on the ANZSLA website www.anzsla.com. ▪
Lawyers.
Lauren joined the firm in 2018 after
working at a large
N ew Z e a l a n d l aw
firm and, before that,
as a junior barrister
in chambers. Lauren
leads the employment
practice and has a focus
in health and safety and
other statutory liability insurances. Lauren
also practises in general civil litigation,
general liability and professional indem-
nity insurance, with a specific interest in
claims involving the education and forestry
sectors, as well as errant fiduciaries.
Ben specialises in insurance law and
civil litigation and has
significant experience
in claims arising out of
professional indemnity,
general liability, prop-
erty and construction
related insurance. He
joined the firm last year
after spending four years practising insur-
ance law at Mayer Brown International LLP
in London.
15PEOPLE A u g u st 2 0 2 0 · L AW TA L K 9 4 2
PEOPLE ACCESS TO JUSTICE
Devil’s Own Explaining
comes
round again
complex law
issues to young
people
This year’s Devil’s Own golf
tournament will be held at the
Manawatu Golf Club in Palmerston
North from 24 to 27 September.
Sarah Butterfield –
The 2020 event will be the 86th
annual event in what has become
YouthLaw practitioner
New Zealand’s national golfing
tournament for lawyers.
First on the programme is a
qualifying round of 18 holes of
stroke play. That will be followed BY ANGHARAD
by match play in flights of 16 (for O’FLYNN
top flight) and 8. A Gatley section
will be played over two rounds of
stableford. brother so I often ask myself: ‘Would
On the Sunday, those who did Sarah Butterfield works for Adam know what you’re talking
not make the cut will be able to the Auckland-based charity about right now?’
compete in a consolation ambrose YouthLaw Aotearoa, a community “Thinking about how I would
tournament over 12 holes. law centre providing free legal help speak to the children and young
The Devil’s Own usually attracts to those aged under 25 who cannot people in my life has really helped
more than 100 players from through- access legal help elsewhere. me to communicate with our
out New Zealand. It is open only to Working with often quite young younger clients.”
members of the legal profession and people can have its challenges, she
the judiciary. admits, particularly around work From isolation to
The Devil’s Own was the brain- and jobs. the busiest city
child of four men: Harry Cooper, “Because we are a community Sarah’s family roots are in the
Percy Dorrington, George MacGregor law centre for under-25s we often Wairarapa, growing up on a lifestyle
and Martyn Abraham. They had have clients who are in their teens block in the village of Tinui, near
played a four-ball match over and even younger. It is difficult to Castlepoint.
Dominion weekend in September try to summarise and simplify com- While Tinui is an isolated area,
1931 and were sitting in the 19th at plicated legal provisions so that our Sarah found it a peaceful life, with
the Hokowhitu Golf Club. clients can understand what their her parents keeping goats, chick-
Mr Dorrington said something rights, obligations and options are. ens and a forest garden for kids
like: “How about next year we try “An example is employment law. to play in. Attending the 30-pupil
and get a few more people together Trying to explain the nuances and Whareama Primary School, she
and have a little tournament?” They concepts around employment to a finished college at St Matthew’s
did, holding the first Devil’s Own 16-year-old is very different than Collegiate in Masterton.
golf tournament in September 1932. talking to a 49-year-old. Young In 2013 Sarah moved to Auckland,
Two women have won the Devil’s people have not had the same life attending the University of Auckland
Own in the past, and this year the experience and can sometimes where she obtained an LLB.
emphasis on catering for women struggle to understand abstract While studying at Auckland
has been enhanced, led by Alice concepts. University, Sarah was able to vol-
Nunn, who has recently become a “I am also a youth worker in a unteer for three hours a week at the
member of the Devil’s Own board. ▪ girls rally group in my community – Auckland Community Law Centre,
seven to 13-year-olds – and I just try which she did for four years.
More information is at www. to imagine how I would explain the “Every week I looked forward
devilsown.org.nz. law to them. I also have a younger to my shift at the community law
16L AW TA L K 9 4 2 · A u g u st 2 0 2 0 ACCESS TO JUSTICE
centre, and I realised that I wanted admired people who were advocates limited funding in community
to have a career in community law. for the poor and oppressed. Many of law – which means that we have
The experience was invaluable to me those great advocates and fighters small teams of lawyers that are
and has really helped me in my role against injustice were lawyers, so handling large volumes of clients.
at YouthLaw,” she says. studying to be a lawyer seemed to Unfortunately, we simply cannot
“The great thing about community align with my passion about social provide the level of help that our
law is that every day is so different. justice. clients need as we just don’t have
I find that I am always learning “I also initially studied theology the capacity.
something new and being chal- and law, but I dropped theology “One way the legal profession
lenged. I am also really passionate halfway through to focus on law. I could help to increase access to jus-
about being a positive force in my will definitely finish my theology tice would be to offer their services
community, and I can do that by one day, but at the moment I am pro bono – including to community
empowering clients who are facing really enjoying studying te reo Māori law centres and our clients.
difficult situations by giving them at AUT.” “This year’s Budget included fund-
practical and meaningful legal ing for community law centres to
advice. Does YouthLaw have establish a pro bono clearinghouse,
“There is a real satisfaction in the same access to which is fantastic news. This will put
helping someone to understand the resources that private in place a system that can match
law about something that has been firms do or does this lawyers and law firms who are in
confusing and distressing them.” function like legal aid? a position to offer support to those
“Our funding is primarily from the who really need it. Once it is up and
What made you Ministry of Justice, but we also running I encourage all lawyers who
decide to study law? receive funding from donations, can to put their hands up to help.” ▪
“When I was trying to figure out and some other grant funding.
what I wanted to study, I thought “I think the most challenging Angharad O’Flynn a.oflynn@
about all the people I admired and part of community law is the lack icloud.com is a Wellington-based
why I admired them. I found that I of resources/capacity. We have very journalist.
17ACCESS TO JUSTICE A u g u st 2 0 2 0 · L AW TA L K 9 4 2 ACCESS TO JUSTICE New commission fields dozens of applications of claimed miscarriages of justice BY CRAIG STEPHEN ❝ It’s not that there is anything fundamentally wrong with the judicial system, but mistakes do happen and you need a process to correct those mistakes.❞ — Colin Carruthers QC Three weeks after its launch, the new Criminal Cases Review Commission (CCRC) had already received 30 applications for cases to be reviewed. Speaking to LawTalk, the Chief Commissioner Colin Carruthers QC tells us that he had expected a high number of applications after the launch on 1 July, although based on overseas experience he thinks these will drop after an initial spike. Lundy referral expected Some cases are to be expected, says Mr Carruthers. But while it was too early to say which cases the commission would consider, there are high-profile ones that he knows the commission will be dealing with. “I’ve had correspondence with some of those I knew were likely to be applying. We’ve had correspondence with the [Mark] Lundy ▴ Chief Commissioner Colin Carruthers QC representatives and I know we’ll get an application there,” he says. “It remains to be seen what our referral rate will be. But it is part of our reputation that we do get accepted by the courts as people but if the commission sees, say, a reliable body. an investigative article about a particular “On the other hand we have to be careful in terms of the people crime, we have got the power to investi- that we are serving that we ensure we don’t adopt a too con- gate on our own initiative. But we must servative view in not referring cases that should be reviewed. get the consent of the person who has So, there is a balance to be struck and that will be an essential been convicted or sentenced. And if they part of our work.” don’t give consent then we cannot go any Anyone can apply to have their conviction or sentence referred further,” he says. to an appeal court, if they believe that a miscarriage of justice Mr Carruthers says a person must be has occurred. alive at the time of the application and The CCRC will not make a decision on any case but will deter- if the person applying for a review does mine whether it can be referred to the appeal courts. die during the process then they have The commission’s website notes that the tests to refer a case a discretion to stop investigating the to an appeal court include factors such as whether the convicted application. person has exhausted all appeal rights, whether there is fresh “We may have to revisit that with the evidence and the prospects of a referral succeeding. Peter Ellis case because the upshot of that “We’ve got a number of powers,” Mr Carruthers says. case may well be that the Supreme Court “The routine ones will be applications by convicted or sentenced says there is a reputational issue that the 18
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