Council Brief - November 2012
Transcription
Council Brief - November 2012
COUNCIL BRIEF The monthly newspaper of the Wellington Branch NZ Law Society [email protected] Reynolds Advertising NOVEMBER 2012 ISSUE 419 ❑ President’s Column ❑ Library News Education and welcomes part of busy Branch month By Mark Wilton most enjoyable and well attended allowing the profession the opportunity to thank Justice Collins for his enormous contribution to the Law Society at both a local and national level. Justice Collins is a former Wellington District Law Society President and Vice President of the NZLS. Enthusiastic welcome to Solicitor-General Members gathered last week to welcome new Solicitor-General Michael Heron to Wellington. The picture below was taken at this event. Counsel in Concert I was also thrilled to attend the Counsel in Chorus concert where an ensemble of talented lawyers made music for the THE NZLS Council met recently – it was good to engage with fellow presidents from around the country and progress the affairs of the Society. One of the topics discussed was the Continuing Professional Development scheme (CPD). Completion of the draft rules for CPD achieves another milestone and the rules have now gone out to the profession for consultation. Our Branch Council CPD working party will once again participate in the process and members who have an interest in this area are invited to send their views and comments to the Branch for the attention of the CPD Working Group: [email protected] The meeting also confirmed Chris Moore’s appointment as President-elect for the NZ Law Society, beginning April 2013. We congratulate Mr Moore and we look forward to his contribution in this challenging and demanding role. Congratulations to Justice Collins Members gathered at a bar dinner to mark and congratulate former Solicitor-General Dr David Collins QC on his appointment to the High Court Bench. The evening was enjoyment and entertainment of all those who assembled in St Andrews on the Terrace. This was my first time at this now annual event and it was fantastic movie themed musical feast. Finally, I would encourage all interested and affected practitioners to attend a meeting in Lower Hutt on Tuesday 13 November concerning the closure of the Upper Hutt Court and proposed management restructuring. The Branch has organised this meeting with Ministry of Justice officials to provide our members an opportunity to engage and discuss these matters which will have an impact on the profession and the public. Wellington Branch members gave the recently appointed Solicitor-General Michael Heron a warm welcome last week at an informal evening function. Seen here with Branch President Mark Wilton and Vice President Rachael Dewar, Mr Heron has worked mostly in Auckland and overseas though, he said, he was ‘… at heart a Wellingtonian.’ ❑ New Council Members MERW partner enjoys sport and family outside work Family law focus for Council Wairarapa representative NEW Council member Patricia Green is a partner with Minter Ellison Rudd Watts where she has worked since 2009 and where she focuses on commercial property including leasing and sales and acquisitions. She grew up in Wainuiomata in a large family in which her football-mad brothers all supported Liverpool. In Patricia Green self-defence, she says, she was forced to pick an opposing team and chose Manchester United. “I follow most sport now but it is my beloved Manchester United that I love the best!” Patricia spent the first eight years of this century in London, working for London law firms Penningtons, Lawrence Graham, and Jeffrey Green Russell, and also studying for a Masters in International Conflict Analysis at the London Centre for International Relations. Outside of work she enjoys spending time with her young family – she has two girls Ayla and Kahlan, playing netball (“badly”, she says), and of course following Man U. Patricia is active in the Women-in-Law Committee and is the Council Liaison representative for the Library Committee. She thinks it is important that the diverse interests of the profession are represented on the Branch Council and believes she can bring a fresh perspective to issues. MEMBER on the Council representing Wairarapa practitioners, Ainslie Hewton, says she remembers being interested in law from an early age but was discouraged by a school careers adviser who told her that “… women don’t do law”. “That was in the late 1960s when there were few women law students Ainslie Hewton and I didn’t have the confidence to go against the tide then,” she says. Always stirred by law, fairness, justice and equality, Ainslie nurtured her interest in things legal and years later, after becoming a Department of Labour vocational guidance counsellor, took her own advice and retrained as a lawyer studying first extramurally through Otago University and finishing at Victoria. She had already moved to Masterton from Invercargill in 1985 and it was there in 1998 that she started her own practice focusing particularly on family law. Many of her clients are women with concerns such as domestic violence, care of children and division of property and stress levels are often high; Ainslie’s office, a renovated historic cottage with an attractive garden, is a homely and relaxing place to discuss legal issues. Ainslie’s focus on Council is to provide a broad perspective to Council deliberations, particularly as seen through the eyes of Wairarapa practitioners. In this issue: Council Brief Advertising • Justice Collins’ dinner 4 • Devil’s Own golf 5 How to ask a research question By Robin Anderson, Wellington Branch Librarian AS you all know, the NZLS Library offers a research service from its libraries in Wellington, Canterbury and Auckland. It is a good idea to think through your request before you send it as there are several different pieces of information that we need from you. These are the who, what, when, where, why questions. We need to know: • what is your question – what research/answer do you want? • what sort of information do you want – case law, journal articles, encyclopedia and book extracts, academic writings, etc? • jurisdictions – NZ only, NZ plus Australia, England, Canada, USA, etc? • if cases, what courts – Court of Appeal and Supreme Court only, High Court and above, guideline judgments only? • background to your request so we can understand your question better and answer it more quickly • date needed • time/money you want us to expend. Please tell us if you have already done some research and obtained some results. You may not want us to spend time looking in Thomson Reuters or Lexis Nexis if you have done that. It can also help to let us know if you think there will be a lot of information or none at all. You can access this service by phone, email ([email protected]) and via a form on the website (http://www.lawsociety.org.nz/home/ for_lawyers/law_library/services/research_request). Library email addresses If you want to contact the NZLS Library, Wellington by email to request a copy of something or commission research, the best email address to use is [email protected]. Individual staff members are [email protected] for example [email protected]. All of the old wdls.org.nz addresses have been cancelled and will no longer work. So if you get a reply saying the address no longer exists, we are still there, but after one year of new email addresses and three years since we joined NZLS, the old addresses have been retired. "#$%"#$&'($) '*+,#,- +. ./. 0, . -. 1.#.* /23% '' 2 ! Page 2 – COUNCIL BRIEF, NOVEMBER 2012 Wellington Branch Diary November Case summaries based on those written for LINX database. Copies of the judgments are available from the NZLS High Court Library: [email protected] 64 4 473-6202 o 0800 FORLAW– 0800 36 75 29 Thursday 8 November Courts and Tribunals Committee meeting Family Law Committee meeting Public Law Committee meeting Thurs-Fri 8-9 November Employment Law Conference – Good Faith, Langham Hotel, Auckland Thurs-Fri-Sat 8-9-10 November Stepping Up – foundation for practising on your own account NZLS CLE Training Programme. NZICA Conference centre Tuesday 13 November Court Closures – meeting with Ministry of Justice, Courtroom 1 Lower Hutt District Court, 4-6pm Wednesday 14 November Practical Enforcement of Judgments, NZLS CLE Seminar Spectrum Theatre 2.00-4.30pm Friday 16 November Criminal Law Committee meeting Fri-Sat-Sun 16-17-18 November Understanding mediation – mediation for lawyers Part A, NZLS CLE Workshop Wednesday 21 November Trusts for Property Lawyers, NZLS CLE Seminar James Cook Hotel, 1.00-5.00pm Wellington Branch Council meeting Thursday 22 November A Beginner’s Guide to the Employment Court NZLS CLE Webinar, 11.00am-midday Immigration & Refugee Committee meeting Legal Assistance Committee meeting Employment Law Committee meeting Mon-Tues 26-27 November Reading Accounts and Balance Sheets, NZLS CLE Workshop Terrace Convention Centre Friday 30 November Women in Law Committee meeting Bae v R – [2012] NZCA 455 – 4 October 2012 – White, Heath and Andrews JJ CRIMINAL LAW – CRIMINAL PROCEDURE Successful appeals against conviction – sexual violation by rape (B and J); sexual violation by digital penetration (B) – application for leave to appeal against sentence of 3.5 years imprisonment formally dismissed with indication of likely success – inability of Korean appellants or their interpreter to hear complainant’s softly spoken evidence in cross examination given in Korean behind screen and her exchanges with her interpreter – complainant’s evidence crucial to defences of consent and belief in consent on reasonable grounds – problem arose in particular circumstances of case where complainant gave evidence in Korean and English with former being interpreted by L for benefit of Court and the latter being interpreted by S for benefit of appellants – unchallenged evidence of appellants, both court appointed interpreters and prosecuting counsel established difficulties with hearing and interpretation which continued after they were brought to attention of counsel – difficulties affected appellants’ ability to give proper instructions to counsel as to appropriate questions for cross examination – particular difficulty around meaning of Korean word “hajima” which complainant used at time of incident and bore opposite meanings of “stop” or “continue” depending on context – appeal against sentence challenged 61% discount for youth in absence of guilty plea and remorse – whether appellants were deprived of fair trial having regard to rights under New Zealand Bill of Rights Act 1990 (NZBORA) – SC decision of Abdula v R in relation to requirement for consecutive interpretation delivered after trial – discussion of fair trial rights in R v COUNCIL BRIEF CROSSWORD Condon, Abdula and R v Duval – no right in every case to second interpreter to check accuracy of first interpreter – HELD: appeals against conviction should succeed: – (i) there was real risk of impediment to conduct of appellants’ defences as they did not have full and contemporaneous knowledge of what was happening at their trial (s25(a), s25(e) NZBORA and Abdula); – (ii) appellants did not know case against them and did not have opportunity to answer that case (s25(f), s27(1) NZBORA and Duval); – (iii) departures from requisite standards meant trial was unfair – miscarriage of justice – no recourse to the proviso to s385 Crimes Act 1961 – appeals against conviction allowed – convictions quashed and new trial ordered – leave to appeal against sentence formally declined with indication that discount of 61% unlikely to be justified for youth alone in absence of guilty plea and genuine remorse. Will Notices page 8 in this issue You can use this diagram for either the Quick or Cryptic Clues, but the answers in each case are different. This month’s solutions are on page 2. Cryptic Clues ACROSS 1. Pacific people would favour this – and I’m master for a change (11) 9. Practise extortion - public instrument for cutting needed! (7) 10. The kind of physical impulse to provide resolution (5) 11. Parts of ships looking smooth and glossy when turned round (5) 12. His room is arranged in North African style (7) 13. Mitigate an outburst of passion (6) 15. Keep on pestering a nocturnal animal (6) 18. If asked his occupation, would he give a stock answer? (7) 20. Andersen named the medicinal plant inside (5) 22 and 23 Ac. Suffering from no heaviness at the core? (5-7) 24. A state in which employment would be out of the question? (11) DOWN 2. She’s held by their enemies (5) 3. Different traits revealed by eastern performer (7) 4. Guiding principles for the production of machine-guns (6) 5. Just the food to provide a guy with energy (5) 6. Giving patient attention (7) 7. Strictly regulates one’s operations, but strives to hold sway (5,2,4) 8. Capture the woman’s estates for a European country (11) 14. Is able to cope, but the fellow looks older (7) 16. Don’t! It’s a ban, maybe (7) 17. Bends the back and vaults! (6) 19. If a man stays here, he mixes with a lot! (5) 21. Records brought up when radio is operating (5) Conferences November 8-9 2012 – Employment Law Conference – Good Faith, Auckland. NZLS CLE. www.lawyerseducation.co.nz November 9-10 2012 – Australian Drug Courts, Australasian Institute of Judicial Administration, Melbourne. www.aija.org.au November 14-16 2012 – 10th World Conference of the International Ombudsman Institute, Wellington. www.confer.co.nz/wcioi November 18-21 2012 – 25th Lawasia Conference, Bali, Indonesia. http://lawasia.asn.au/lawasia-conferences.htm November 22 2012 – Building and Construction Law, Stamford Plaza, Auckland. www.lexisnexis.co.nz/media/events November 22-24 2012 – Inaugural Asia/ Oceania Travel, Tourism & Hospitality Law Conference, Perth. www.lawconferences.com.au November 25-27 2012 – 3rd Asia Pacific Regional Forum Conference, IBA Asia Pacific Regional Forum, Kuala Lumpur. www.ibanet.org November 27-29 2012 – Australia and New Zealand Society of Criminology (ANZSOC) 25th annual conference, Auckland. www.anzsoc2012.org November 29-30 2012 – Construction Contract Management, Wellington. www.conferenz.co.nz November 30 2013 – Deloitte ‘Know Your Numbers’, Wellington. [email protected] December 4 2012 – Drink and Drugged Driving Law, Stamford Plaza, Auckland. www.lexisnexis.co.nz/media/events December 10-12 2012 – Receiving Laws/ Giving Laws, ANZLHS (Australia and NZ Law and History) Conference, UTS, Sydney. www.uts.edu.au/Research/conferences/ receiving_laws.html March 12-13 2013 27th Annual Industrial and Employment Relations Summit, Wellington. www.conferenz.co.nz April 14-18 2013 – Commonwealth Law Conference, Cape Town, South Africa. Commonwealth Lawyers Association. www.componwealthlaw2013.org May 16-17 2013 – CLANZ 26th Annual Conference, Napier. www.clanzonline.org August 19-20 2013 – NZ Legal Executives Conference, Rydges Hotel, Wellington. [email protected] Quick Clues ACROSS 1. Book-keeping (11) 9. Ennui (7) 10. Less wet (5) 11. Spine (5) 12. Outermost (7) 13. Innumerable (6) 15. Landed property (6) 18. Towing vehicle (7) 20. Forebode (5) 22. Meeting-place (5) 23. Subtle discrimination (7) 24. Fraternity (11) Will Notices on page 8 in this issue CVs available at Wellington Branch THE Wellington Branch NZLS holds the CVs of lawyers and people preparing for admission who are looking for employment. Contact the Branch to see whether we can match up a candidate with the skills you are looking for. DECEMBER COUNCIL BRIEF DEADLINE 26 November 2012 MA DESIGN m Answers: See page 7 1 You are looking at three sealed metal containers, each of which is labelled incorrectly. One is labelled “pens”, one is labelled “pencils”, and one is labelled “pens and pencils”. How may you label each container correctly by drawing a writing implement from just one of the containers without looking inside the container? DOWN 2. Freight (5) 3. Defining position in series (7) 4. Figure (6) 5. Examine accounts (5) 6. Wild fancy (7) 7. Hindering (11) 8. Liberal (4-7) 14. Coach (7) 16. Trusty (7) 17. Small amount (6) 19. Handle (5) 21. Plaster of Paris (5) 2 In this 1933 game between Riman (white) and Kruger (black), it is white’s turn to move. What should white do? !!!!!!!!" ?^$ > $ =$ <$ ;$ :$ 9$ 8$ %@ABCDEFG' © Mark Gobbi 2011 Council Brief Advertising [email protected] COUNCIL BRIEF, NOVEMBER 2012 – Page 3 OBITUARY NEWS Peter Edward Martyn 18 September 1930-12 October 2012 PETER Martyn was born in Oamaru on 18 September 1930. He was educated at Waitaki Boys’ High School and studied law at Victoria University of Wellington in the 1950s. Peter first worked at the Public Trust Office in Wellington before joining in May 1959 the firm with which he would spend the rest of his legal career – Macalister Mazengarb Parkin and Rose. In a eulogy delivered at Peter’s funeral, Wayne Chapman said Peter was “poached” from the Public Trust Office by Macalister Mazengarb partner Frank Parkin to manage the firm’s estate practice and the general conveyancing and commercial work that went with that role. When Wayne went to work as a law clerk for Buddle Anderson Kent & Co in February 1965 he met Peter Martyn through conveyancing settlements. “Law clerks in those days attended on conveyancing settlements in person. Macalister Mazengarb Parkin and Rose acted for the PSIS, a very active second mortgage lender, so many settlements involved law clerks from Macalister Mazengarb.” Later, when the two firms both moved into the newly completed National Bank building on Featherston Street, he and Peter frequently met in the lifts and around and about. Wayne says Peter was ahead of his time in his ability to clearly and concisely explain complex matters of the law. “I remember acting for the purchaser of one of two units in Wilton Road that had been subdivided under the then very new Unit Titles Act 1972. Peter acted for the vendor and for the owner of the other unit. He had probably been responsible for the Unit Title subdivision. Following settlement, Peter convened a meeting between my client with me in attendance and his other client, the owner of the other unit. The purpose of that meeting was to explain the ramifications of that new legislation and the way the development should operate. Peter gave that explanation in a clear and concise way in language that my client (and I) clearly understood.” Peter was associated with Law Society affairs for more than 15 years. He first became a member of the Wellington District Law Society council in March 1974. At the end of 1977, as equal longest serving member with Mr AAT Ellis, he lost a coin toss to determine who would make the normally automatic progression to the position of treasurer and eventually president. In accordance with the rules Peter stood down for a year and rejoined the Council in March 1979. This time he passed through the ranks and was elected unopposed as president in March 1987. Later he served as a NZ Law Society vice president and treasurer. Wayne Chapman says Peter’s long service to the Society reflects the pride he felt in the profession. “He brought to it the same sort of attention to detail as he did to the unit title deal [previously] mentioned.” Away from work Peter had a rich and happy family life. He and Joy were married in 1955. They had three daughters and two sons, and now five grandchildren. Peter loved literature, music and the theatre. He was especially fond of chamber music and Shakespeare and was a member of the Wellington Shakespeare Society. He had been a keen tramper and did some trekking in Nepal. He enjoyed lawn bowls, playing at the Khandallah club, and also played bridge. He was a lifelong learner, interested in history, classics, language, botany, mathematics and art. Macalister Mazengarb practice manager Sue Isaacs says Peter was coming into the office until recently. “He was a gentleman of the old school, a lovely fellow,” she says. Peter Martyn was one of the ‘50-plus’ practitioners – those in practice for 50 or more years – honoured by the Branch at a dinner in June 2010. Problems with elected judges in the USA IN a recent comment in The New Yorker, legal writer Jeffrey Toobin wrote about elections of judges in the USA in a piece entitled ‘Judges for Sale’. While from the New Zealand perspective the election of judges might seem a quaint idea, in fact 39 US states elect judges to their highest courts. As Toobin writes, state courts decide about 95 percent of cases in American courts, deciding criminal prosecutions, civil lawsuits, child-custody matters and personal injuries. From being sleepy affairs with not a lot of interest, Toobin points out that in recent years big business has got involved in state judicial elections, where interest groups from various sides have ploughed in cash to elect judges of particular political hue. He quotes a report from the left-leaning Center for American Progress which indicates a significant increase of corporate and other special interest financing of judicial election campaigns. “The explosion of money in judicial elections has led Americans to experience a crisis of confidence in their judiciary. According to a 2011 poll, 90 percent of those surveyed said judges should recuse themselves from cases involving campaign contributors, but recusal is extremely rare. “A party to a lawsuit in West Virginia repeatedly asked a state supreme court justice to recuse himself after an executive with the Sandra Day O’Connor at the opposing party, a company, Society in 2008. coal spent more than $3 million through an independent entity to support the judge’s election. The judge refused and cast the deciding vote overturning a $50 million verdict against the coal company. In 2009 the U.S. Supreme Court ruled the judge should have recused himself. The court noted that the executive’s contribution was three times more than the spending by the justice’s own campaign. The U.S. Supreme Court stated, ‘Just as no man is allowed to be a judge in his own cause, similar fears of bias can arise when … a man chooses the judge in his own cause’.” The problem of money in judicial elections has a straightforward solution, Toobin says: appointive state judiciaries. The report says “Big business is tightening its grip on our courts. Instead of serving as a last resort for Americans seeking justice, judges are bending the law to satisfy the concerns of their corporate donors.” Toobin quotes Sandra Day O’Connor, a retired Supreme Court Justice in the US who has been a leader in the fight for an appointive judiciary (and who incidentally was welcomed by the Women-in-Law Committee at a reception at the Wellington District Law Society in August 2008). She wrote a couple of years ago: “When you enter one of these courtrooms, the last thing you want to worry about is whether the judge is more accountable to a campaign contributor or an ideological group than to the law”. Two Rex Mason awards for excellence in legal writing were presented recently by Supreme Court Judge Sir William Young at a Wellington Branch ceremony. Hamish McQueen, second from left, won the 2010 award for his article ‘Parliamentary Business: A Critical Review of Parliament’s Role in New Zealand’s Law-Making Process’, published in the Auckland University Law Review. The 2009 winner, Richard Boast (inset), won his award for ‘So Long Lying Idle Without a School: Wi Parata, Wallis and Whitireia’, published in the NZ Journal of Public and International Law. Judges Sir William Young, left, and Professor Tony Smith, second from right, are pictured with Wellington Branch President Mark Wilton. Bernard Robertson was also a judge but not present. The Rex Mason award was recently re-established to become an annual award for legal writing. The award is made in honour of Rex Mason, a lawyer and one of New Zealand’s longestserving Members of Parliament. Young lawyers ‘meet the judiciary’ ON 1 November the Young Lawyers’ Committee, in conjunction with the New Zealand Law Society, hosted a Meet the Judiciary event. Young lawyers were invited to mix and mingle with some of New Zealand’s top judges in an informal atmosphere. In attendance were Justices Chambers and Glazebrook from the Supreme Court; Justices Arnold, Ellen France and Wild from the Court of Appeal; and Justices Dobson and Kós from the High Court. The event started with the judges chatting and getting to know the young lawyers over nibbles and wine. There was then a brief pause in the socialising while the audience heard from Jamie Grant, YLC Convenor, and Wellington Branch President Mark Wilton, before short speeches from three of the judges. Justice Glazebrook drew on her recent appointment to the Supreme Court to talk about the differences in the role of the Supreme Court and Court of Appeal. Justice Arnold provided the young lawyers present with some great advocacy tips — emphasising the need for all advocates to have a clear theory of their case and the importance of not antagonising judges. Justice Kós talked about the pleasure he gains from the varied work that comes with judging, and entertained the audience with anecdotes from his experiences as a judge. The event was a great success, with about 50 young lawyers taking the opportunity to meet some of New Zealand’s finest legal minds. It was great to see both senior and junior members of the legal profession mixing in such a convivial atmosphere, and a real testament to the judges who gave up their time to assist with the professional development of Wellington’s young lawyers. Many thanks to the Law Society for its generous provision of the venue and catering for the event, and to all those who helped to organise the event. The YLC looks forward to organising similar events in the future. PRACTISING WELL Chaplain, Julia Coleman, 027 285 9115 Criminal, Traffic Accident Investigations File/Case Analysis TELEPHONE 021 663 236 WELLINGTON: PO BOX 30080, LOWER HUTT, NEW ZEALAND CENTRAL NORTH ISLAND: PO BOX 7168, WANGANUI, NEW ZEALAND E-MAIL: [email protected] [email protected] WEBSITE: www.paulbass.co.nz Page 4 – COUNCIL BRIEF, NOVEMBER 2012 DINNER TO HONOUR JUSTICE COLLINS Alan Knowsley, Richard Collins, Justice Collins, James Johnston and Tony Southall. Hon Chester Borrows, Justice Collins and Wellington Branch President Mark Wilton. Phyllis Strachan, Chris O’Connor and David Dunbar. Nikki Pender and Lance Pratley. Hamish Hancock, Don Mathieson QC and Lisa Hansen. Amanda Courtney and Annette Gray. Ken Stephen, Ted Aspey and Nerissa Barber. Associate Judge Gendall and John Marshall QC. Sandy Baigent, Rachel Hayward and Grant Burston. Judge Walsh, Christine Grice and Chris Corry. Karen Clark QC , Maria Deligiannis, Una Jagose and Michael Quigg. LEGAL WORD PROCESSING • SECRETARIAL SERVICES Typing pleadings • Opinions • Correspondence Transcribing hearings, arbitrations, interviews Concept Secretarial has the facilities to receive and transcribe digital voice files via email CONCEPT Secretarial Services Limited LEVEL 14, 89 THE TERRACE, WELLINGTON Telephone (04) 473-0277 Email: [email protected] Chris La Hatte, Karen Clark QC, and Robert Lithgow QC. Fax (04) 471-0672 COUNCIL BRIEF, NOVEMBER 2012 – Page 5 DEVIL’S OWN GOLF Good turnout for 2012 Devil’s Own A FIELD of 95 players (including 15 first-timers) took part in the 78th Devil’s Own Golf Tournament played at the Manawatu Golf Club course at Hokowhitu from 15-17 September 2012. Qualifying Round – Saturday Afternoon Peter Hunt from Auckland was the top qualifier on Saturday afternoon with a net score of 68 to win the Ross Morpeth Trophy. Geoff Baxter from Auckland was the winner of the Lexis Nexis Shield for highest stableford points with 40 points. Fergus Whyte from Auckland was awarded the Sinclair prize for the highest net score of 119. The Ykato team of Mike Dixon, Ron Backhouse, Tony Nolan and Bob McDermott won the Guardian Trust District Teams Match competition. Runners up in the District Teams Match competition were the Auckland A team of Michael Fisher, Brett Abraham, Sean Kelly and David Neutze. Devil’s Own Championship – Monday The semi-finalists were Tim Rainey from Auckland Monday’s competition Distress Foursomes third place Distress Foursomes runners up Distress Foursomes winners Dean Larsen Robert Harris Richard Howie Bruce Stewart Jim Kilpatrick John McGlashan Juvenile Delinquency third place Juvenile Delinquency runners up Juvenile Delinquency winners John Strahl Alasdair McBeth Michael Dixon Julian Long Iain Hutcheson Mike Lucas Qualifying round competitions Longest Drive Peter Hunt Closest to Pin Paul Fisher Open Teams Match Runners up – Blues 303 Phil Sheat, Geoff Baxter, Simon Foote, Michael Fisher Open Teams Match Winners – Ykato 295 Mike Dixon, Ron Backhouse, John McGlashan, Tony Nolan District Teams Match Runners up – Auckland A 309 Michael Fisher, Brett Abraham, Sean Kelly, David Neutze District Teams Match Winners – Ykato 297 Mike Dixon, Ron Backhouse, Tony Nolan, Bob McDermott Highest Net Score – 119 Sinclair Prize Fergus Whyte Lowest Net Score – 68 Ross Morpeth Trophy Peter Hunt Highest Stableford Points Runner up 39 Paul Fisher Highest Stableford Points winner 40 LexisNexis Shield Geoff Baxter Gatley third place Ian McDonald Gatley second place Wah McLean Gatley winner Gatley Tankard John Waddington Tally Ho Flight winner Tally Ho winner Tom Ennis Trophy Brad Cuff James Wollerman who won his match with the 1993 winner Barry Boon from Wellington, and 2010 winner Geoff Baxter from Auckland who won his match with Paul Fisher from Tokoroa. Geoff Baxter won the match with Tim Rainey in the final to win the Devil’s Own Trophy and as runner up Pat Kennelly received the McBride Cup. Other trophy winners Peter Hunt from Auckland was the winner of the Devil’s Own flight and the Dick Kearney Memorial Cup. Sean Kelly from Auckland was the winner of the Ancient Lights division and the Brian Blackwood Memorial Trophy. James Wollerman from Wellington was the winner of the Tally Ho division and the Tom Ennis Memorial Trophy. John Waddington from Masterton was the winner of the Gatley division and the fourth recipient of the Gatley Tankard. Legal Aid Flight Winner Legal Aid Winner Paul David Gavin White Fidelity Flight Winner Fidelity Winner Terry Nowland Dennis Gates They Also Serve Flight Winner They Also Serve Winner Terry Urquhart Logan O’Callahan Michael Lenihan, Jeremy Valentine, Bob McDermott and Geoff Shearer. Devil’s Own semi-finalists Barry Boon, Tim Rainey, Paul Fisher and Geoff Baxter. Paul David, Michael Sweeney, Tim Cleary and Gavid White. Barry Boon, Mike Dixon, Peter Hunt and Hadleigh Brown. They Have No Time to Stand Flight Winner Robert Harris They Have No Time to Stand Winner Richard Olliver Careless Drivers Flight Winner Careless Drivers Winner Jeremy Valentine Matt Booth Dorrington Handicap Flight Winner Dorrington Handicap Winner John McGlashan John McCardle Pauper’s Appeal Flight winner Pauper’s Appeal winner David Duggan Michael Fisher Ancient Lights Flight winner Ancient Lights winner Brian Blackwood Trophy Peter Jenkin Sean Kelly Devil’s Own Flight winner Dick Kearney Cup Devil’s Own fourth Devil’s Own third place Devil’s Own runner up McBride Cup Devil’s Own winner Devil’s Own Trophy Peter Hunt Barry Boon Paul Fisher Tim Rainey Geoff Baxter John Waddington, Ian McDonald, Ross Crotty and Gerald Blathwayt. Brett Gould, Peter Hardie, Terry Urquhart and Graham Mowbray. Ian McLauchlan, Mike Gould, Geoff Baxter and Bruce Stewart. Judge Tom Broadmore and Fergus Whyte. Peter Jenkin, Phil Sheat, Sean Kelly and Ron Backhouse. Jeremy Valentine, Matt Booth, Geoff Shearer and Brett Abraham. Left: James Wollerman, John Saunders, Iain Feist and Brad Cuff. Deadline for December Council Brief Council Brief Advertising Monday 26 November [email protected] Jock Blathwayt, Edward Norman, Wah McLean and Herman Roose. COUNCIL BRIEF, NOVEMBER 2012 – Page 6 NEWS Legal executives vital component of law practice THE New Zealand Institute of Legal Executives Inc (NZILE) is the professional association for legal executives, with over 1000 members throughout New Zealand. Members are required to abide by a code of ethics and are bound by the Institute’s rules, which include disciplinary procedures. All members belong to a regional branch. The benefits of NZILE membership include: branch seminars, newsletters, networking opportunities, JobLink, discounted conference registration, ‘Registered Legal Executive’ status for affiliates, associates and fellows, associate membership of the New Zealand Law Society for registered legal executives, and the ability of registered legal executives to witness enduring powers of attorney (see below), Fellows of the Institute can witness statutory declarations (see below). Registered Legal Executives A Registered Legal Executive is an affiliate, associate or fellow member of the New Zealand Institute of Legal Executives Inc. Registration was implemented more than 10 years ago, with the support of the New Zealand Law Society. Registration differentiates qualified and experienced legal executives from non-members whose firms call their staff legal executives, but who may or may not be qualified or even doing the work of a legal executive. Registered Legal Executives may do ‘other’ work (i.e. office management, trust account management, personal assistant) but the percentage of other work should not exceed 30 per cent of their role. In addition, if part-time, they need to be working in a legal executive capacity for no less than 15 hours per week. Witnessing enduring powers of attorney and statutory declarations Registered Legal Executives, being NZILE fellows, associates and affiliates with at least 12 months experience as legal executives, may witness enduring powers of attorney pursuant to the Protection of Personal and Property Rights Amendment Act 2007. (NZILE Support members are not Registered Legal Executives and may not witness enduring powers of attorney.) NZILE fellows who are in the employment of a lawyer with a current practising certificate may witness statutory declarations, pursuant to the Oaths and Declarations Amendment Act 2001. Qualifications of Registered Legal Executives A qualified legal executive has studied and obtained the NZLS Legal Executive Diploma (formerly called the NZLS Legal Executive Course). The qualification is administered by the New Zealand Law Society and may be studied at: Northland Polytechnic (Northtec), Bay of Plenty Polytechnic, Waikato Institute of Technology (Wintec), Eastern Institute of Technology (Hawke's Bay), Whitireia Community Polytechnic (Wellington) and The Open The Scandinavian ‘Cosy’ – Mankell, Lackberg et al By Margaret Greville PROBABLY most English-speaking devotees of detective fiction first became aware of the sub-genre of Scandinavian thrillers with the meteoric ascent and equally spectacular descent that was the professional life of author Stieg Larsson. His two principal characters are respectively a maverick omnisexual hard-hitting yet equivocal and mysterious Goth heroine, and a curiously colourless male journalist. More typical of the Nordic hero is a melancholic “fallen hero” of the gum-shoe ilk, casually but uniquely gifted and insightful, but fatally flawed in his unending battles with personal relationships and addictions. Examples of this variant of the genre are Jo Nesbo’s Harry Hole, and Henning Mankell’s Kurt Wallander. But Camila Lackberg probably represents the first in a potential alternative line of the Scandinavian equivalent of the English “cosy”. Characteristics of this sub-genre are the setting – usually an English village, the heroine middle-aged, usually (but only recently) owning a cat or dog. Miss Marple is probably the prototype, but more recent additions to the genre include the more modern and ribald Agatha Raisin, happily straddling the divide between the subgenre and its parody. Lackberg makes no attempt to stretch the bounds of the sub-genre, but she does weave together the opposing strands of the content remarkably well, combining on the one hand a fastpaced thriller requiring the conventional skills of detective Patrik Hedstrom and the activities of his lover/fiancée/wife, Erica Falck, a writer of detective fiction and biographer of eminent writers. Inevitably, Erica’s work provides both a backdrop and complement to Patrik’s detecting, and at times, it is her family and circle of friends that provides much of the grist to his (and increasingly her) detecting mill. In fact, it is the measured unfolding of Erica’s immediate family and its history from one novel to the next that offers the context for much of the corruption and wrongdoing that is gradually revealed as the ambivalence of Swedish culture emerges in the background. This is a recurring theme throughout Scandinavian crime fiction: the ghosts of Nazi sympathisers past, and of neo-Nazis present are recurrent inhabitants of the pages, as are hints of corruption and racism. The first of the series, The Ice Princess, is set in small-town Fjallbacka, after Erica’s return to the town on the death of her parents. Significantly, the story is founded on Erica’s need to sort through her parent’s belongings and the gradual revelation of the past and a few nasty secrets. This establishes the theme, continued throughout the series, of the slow uncovering of the past in answer to imperatives presented by contemporary events, themselves the inevitable outcome of a less than savoury past. The “cosy” backdrop consists of the developing relationship of Patrik and Camila, of the drawing into the plot of Erica’s sister, Anna, and the somewhat convenient rearrangement of characters upon the death of Anna’s husband and the re-emergence of Dan, Erica’s previous lover. But although the tying up of loose ends is rather tidily managed by the author, the novels do not end on the recurring note of a relaxing cup of tea in the vicarage or Miss Marple’s cottage. The background is not static, but possesses its own dynamic, and continues to evolve, novel by novel. The individual novels in turn provide the specifics needed to highlight particular human or social issues, while the loosely slung domestic background offers a constantly evolving field upon which the plots are worked out. Some readers have found Lackberg’s writing slow moving, while others have found the outcomes predictable. I think this does not do them justice. They are not just Sudoku puzzles, designed to baffle us for a brief period only to compel us on to the next rearrangement of the same numerals. Others have found the plots gripping, and the suspense well maintained. Real human and societal issues are introduced and handled intelligently and without didacticism. Characters are authentic and lively, and by no means simple cardboard cutouts. Sweden is not just a progressive modern nation without hang-ups, but one which still harbours a dark past and a present in which its own contemporary demons lurk. Do try some! ❑ Margaret Greville is Law Librarian at the University of Canterbury. Republished with permission from Canterbury Tales. Polytechnic of NZ (by distance learning). Experienced Registered Legal Executives are invaluable and highly competent employees. They are able to work autonomously and many undertake the same level of work as intermediate solicitors. More than 90 per cent of members’ employers recognise the value of professional memberships and support their employees by paying the annual NZILE membership subscription on behalf of their legal executive staff. Legal executives becoming NZILE members Membership packs are available from the branch committee and application forms can be downloaded from the Institute’s website (www.nzile.org.nz). A number of firms support the careers of the legal executives within their firms. Some are proactive in supporting employees who wish to study, or are studying for, the NZLS Legal Executive Diploma They also support legal executive employees who have qualified and wish to further their career, by giving them more responsibility and encouraging them to join their professional association. ❑ Adapted from an article by Jill O’Neill, first published in Canterbury Tales. The New Zealand Centre of International Economic Law presents a conference Evolution and Equilibrium: Copyright this Century Thursday 15 Ȃ Friday 16 November 2012 Faculty of Law, Victoria University of Wellington, Lecture Theatre 1, Old Government Buildings, 55 Lambton Quay Wellington, New Zealand With Keynote speaker: Jane Ginsburg, Morton L. Janklow Professor of Literary and Artistic Property Law, Columbia Law School, New York The NZ Centre of International Economic /DZLVSOHDVHGWRDFNQRZOHGJH,QWHUQHW1=¶V support of this conference 1 Council Brief Deadline December 2012 issue: Monday 26 November Page 7 – COUNCIL BRIEF, NOVEMBER 2012 NEWS More on the ballot than Obama and Romney COUNCIL BRIEF The monthly newspaper of the Wellington Branch NZ Law Society Advertising Rates: casual or contract rates on application. Telephone Robin Reynolds, Reynolds Advertising, Kapiti Coast (04) 902 5544, e-mail: [email protected]. Rates quoted exclude GST. Advertising Deadline: for the December 2012 issue is Monday November 26, 2012. Circulation: 3150 copies every month except January. Goes to all barristers and solicitors in the Wellington, Marlborough, Wairarapa, and Manawatu areas. Also goes to many New Zealand law firms, to law societies, universities, judicial officers, and others involved in the administration of justice. Will Notices: $57.50 GST inclusive for each insertion. Subscriptions: Annual subscription $46.00 incl. GST. Extra copies $5.00 each. Subscription orders and inquiries to: The Branch Manager, New Zealand Law Society Wellington Branch, P.O. Box 494, Wellington. Editor: Chris Ryan, telephone 472 8978, (06) 378 7431 or 027 255 4027 E-mail: [email protected] Opinions expressed do not necessarily reflect those of the NZ Law Society Wellington Branch or the Editor. Council Brief is published for the NZ Law Society Wellington Branch by Chris Ryan, and printed by APN Print, Wanganui. AS well as the presidential election in the US last week (though this written before), many other issues were up for grabs. Thirty three seats in the Senate, hundreds in the House of Representatives, and a number of governorships were to be decided. Among measures being voted on in various permutations of states and districts were: to legalise marijuana, permit gay marriage, enforce compulsory labelling of GM foods, eliminate the death penalty (in California), reduce or increase access to legal abortion, allow fluoridation of public water supplies (Wichita, Kansas), mandate increased production of electricity from renewable sources, approval or otherwise of a new bridge between Detroit and Windsor and to allow assisted suicide. MA Lifeline Counselling has a team of qualified professional counsellors experienced in working with clients across a broad range of issues. m Answers for puzzles from page 2 1 Our high-quality confidential service can help with day-to-day issues such as: stress, anxiety, burnout, depression, relationship issues, grief, trauma and addiction. All our Counsellors are qualified to Masters level and are members of the NZ Association of Counsellors. For New Zealand Law Society members and families we are offering a discounted rate: $110 based on a normal 60min session Currently this Face-to-Face service is only available in person in the Auckland region. Other regions will be introduced throughout 2013. Skype Face-to-Face counselling applies throughout New Zealand. Please contact Lifeline Counselling on DESIGN 2 Draw from the one labelled “pens and pencils”. This box must contain either only pens or pencils. If you draw a pencil, then shift the pencil label to that container, the pens label to the container that was labelled pencils (because the pens label is on the wrong container), and the mixed label to the container that was labelled pens (as it is the only one left). If you draw a pen, then shift the pen label to that container, the pencils label to the container that was labelled pens, the mixed label to the container that was labelled pencils. 1 Qxg7+ KxQg7 2 Be5+ Kg8 3 Nh6# [email protected] or phone 09 909 8750 Crossword Solutions NZ Law Society – Wellington Branch Staff Directory Branch Manager: Catherine Harris Receptionist: Briar Wood Administrator: Claudia Downey From page 2 Cryptic Solutions Across: 1 Disarmament; 9 Overtax; 10 Nerve; 11 Keels; 12 Moorish; 13 Temper; 15 Badger; 18 Rancher; 20 Senna; 22 Light; 23 Hearted; 24 Uselessness. Down: 2 Irene; 3 Artiste; 4 Maxims; 5 Mango; 6 Nursing; 7 Works to rule; 8 Netherlands; 14 Manages; 16 Abstain; 17 Arches; 19 Hotel; 21 Notes. Quick Solutions Librarian: Robin Anderson Research Librarian: Barbara Keenan Across: 1 Accountancy; 9 Boredom; 10 Drier; 11 Thorn; 12 Extreme; 13 Untold; 15 Estate; 18 Tractor; 20 Augur; 22 Venue; 23 Finesse; 24 Brotherhood. Technical Services Librarian: Liz Oliver Library Assistant/LINX: Julie Kirkland Down: 2 Cargo; 3 Ordinal; 4 Number; 5 Audit; 6 Chimera; 7 Obstructive; 8 Free-hearted; 14 Trainer; 16 Staunch; 17 Trifle; 19 Treat; 21 Gesso. PO Box 494, Wellington Phone: 04 472 8978 Fax 04 471 0375 Email: [email protected] Website: www.lawsociety.org.nz NZ Law Society Library, Wellington Phone: 04 473 6202 Fax: 04 471 2568 email: [email protected] THE WIZARD OF ID Local firm wins twice at national law awards WELLINGTON law firm McBride Davenport James has won two awards at the 8th Annual New Zealand Law Awards held in Auckland on 1 November. The firm won both the Property and Construction Law and the Employment Law awards. Among other awards the Large Law Firm of the Year award went to Minter Ellison, Geoff Sharp is Mediator of the Year, Rosalie Cus, in-house lawyer with the Ministry of Social Development, won the Public Law Award, and Baldwins received the Intellectual Property Firm of the Year award. New books at the NZ Law Society Library, Wellington Administrative law in a global era Ithaca, N.Y.: Cornell University Press KM300.G1 AMA Australia, republic or monarchy? : Legal and constitutional issues St. Lucia:University of Queensland Press 1994 Care and protection orders and CYFS Wellington : New Zealand Law Society 2012 KN176.4.L1 NEW Case for court London: Arthur Barker 1964 Dick’s daisies: Richard Alexander Heron, 22 December 1936-30 March 2002 Petone, N.Z.: Heron Family 2012 KB10.L1 HER Laughter at law London, A. Barker 1961 No bail for the judge London: Michael Joseph 1952 Open connectivity, open data: two dimensions of the freedom to seek, receive and impart information Wellington, N.Z.:Victoria University of Wellington 2012 KN347.15 PEN Statutory interpretation : a 2012 guide Wellington : New Zealand Law Society 2012 KL35.L1 NEW Tax conference Wellington : New Zealand Law Society 2012 KM335.L1 NEW The Mr A case/edited, with a forewARD , by C.E.Bechhofer Roberts London: Jarrods 1940 The Newgate calendar London: The Folio Society 1951 The Port Nicholson Block urgency report Wellington: Legislation Direct 2012 KN62.5.L1 WAI The last serjeant: the memoirs of Serjeant A M Sullivan, QC London:Macdonald 1952 The life of Richard Stafford Cripps London: Hodder and Stoughton 1957 The monarchy and the constitution Oxford: Clarendon Press 1995 KM41.A1 BOG The trial of Harry Dobkin: edited , with a foreword and a note on capital punishment by C E Bechhofer Roberts London: Jarrods 1944 The trials of Oscar Wilde: Regina (Wilde) v Queensbury, Regina v Wilde and Taylor London: Hodge 1948 COUNCIL BRIEF, NOVEMBER 2012 – Page 8 CHAMBERS COUNSEL IN CONCERT WILL Lower Hutt Chambers Vacancy ENQUIRIES FOR URGENT ACTION Please contact the solicitors concerned if you are holding a will for any of the following: Office available in established central Lower Hutt chambers. Flexible options are available but can include photocopier, fax, meeting room and limited law library. KENNEDY, Graeme Jonathan Resided at 25 Te Hapua Road, RD 1, Otaki. Born 15 May 1960 in Croyden, Surrey, England. Died on or around 29 September 2012. Breaden McCardle Chubb (Sophie Kinsella) PO Box 140, Paraparaumu 5254 DX RP 60005 Tel 04 296 1105 Fax 04 297 3231 [email protected] Contact Catherine 566-5100 or (027) 289-2761 Highly successful ‘Counsel in Concert’ FOR the fourth year running Counsel in Concert presented a superb programme of music for the delectation of Wellingtonians. This year’s concert was “At the movies”, highlighting atmospheric pieces from opera and the classics that have found their way into movie soundtracks, as well as music written for particular films. Around 50 lawyers and law staff took part, bolstered by members of the NZ Symphony Orchestra and the Vector Wellington Orchestra. All worked hard preparing for the two concerts, one at lunchtime and the other in the early evening. Sopranos Deborah Wai Kapohe and Amanda Barclay, tenor John Beaglehole and baritone Jared Holt delighted the audience as did the choir, the latter performing a rousing Beethoven’s ‘Ode to Joy’. A highlight was a composition for choir and orchestra written for the event by lawyer/composer Aaron Lloydd who works in the Ministry of Social Development. The text for “The Fundamental Obligations of Lawyers” was drawn from section 4 of the Lawyers and Conveyancers Act 2006. As previously, proceeds went to the Child Cancer Foundation and this year $3600.00 was raised, around the same as last year. Soul Focus Photography LAWRIE, Richard Glenn (commonly known as ‘Glenn Lawrie’) Late of Kahutara, RD, Featherton. Oil Company Executive / Company Director. Died 21 September 2012. Lower Hutt Law Centre (M G Donovan) PO Box 30619, Lower Hutt Tel 04 566 7733 Fax 04 566 4897 LI, Yuk Chun Late of Lower Hutt. Homemaker. Died 28 May 2011. John Gwilliam & Co (Lindsey Mills) PO Box 40 457, Upper Hutt DX RP44011 Tel 04 527 9727 Fax 04 527 9723 [email protected] Conductor Kenneth Young. Solicitor-General Michael Heron welcomed the audience to ‘Counsel in Concert’. MACDONALD, Ross Late of NZ Care Group, 21 Nimmo Avenue, Waikanae. Beneficiary. Single. Aged 61. Born 26 September 1950. Died at Waikanae 2 June 2012. Public Trust (Matthew Robinson) PO Box 31446, Lower Hutt DX RP42084 Tel 04 978 4871 Fax 04 978 4931 [email protected] OLOAPA, Kathleen Late of Woburn Rest Home, 57 Wai-Iti Crescent, Lower Hutt. Beneficiary. Divorced. Aged 51. Born 4 December 1960. Died at Lower Hutt 20 July 2012. Public Trust (Michelle Buckley) PO Box 31446, Lower Hutt DX RP42084 Tel 04 978 4833 Fax 04 978 4931 [email protected] Sopranos Amanda Barclay and Deborah Wai Kapohe. Baritone Jared Holt. STEWART, Gilbert James Late of 19 Wheatley Street, Naenae, Lower Hutt. Retired. Single. Aged 83. Born 24 August 1929. Died at Lower Hutt 15 October 2012. Public Trust (Robert Mullan) PO Box 31446, Lower Hutt DX RP42084 Tel 04 978 4865 Fax 04 978 4931 [email protected] VEALE, Grace Ellen Late of Longview Rest Home, 14 Sunrise Boulevard, Wellington. Formerly of 78 Mungavin Avenue, Porirua. Homemaker. Married. Age 72. Born 8 January 1940. Died at Porirua 17 July 2012. Public Trust (New Estates) PO Box 31446, Lower Hutt DX RP42084 Tel 0800 371 471 Fax 03 978 4931 [email protected] Justice Collins pictured at the recent Wellington Branch dinner to honour his appointment to the High Court Bench, with his wife Teresa Quirke-Collins and son Richard Collins. Tenor John Beaglehole. ■ The charge for publishing a will notice is now $57.50 including GST. Please send payment with your notice. ■ Will notices should be sent to the Branch Manager, NZ Law Society Wellington Branch, PO Box 494, Wellington.