C B OUNCIL RIEF
Transcription
C B OUNCIL RIEF
COUNCIL BRIEF Council Brief Advertising [email protected] Reynolds Advertising The monthly newspaper of the Wellington Branch NZ Law Society NOVEMBER 2014 ISSUE 441 President’s Column Busy month for Council with progress on Benevolent Fund By Nerissa Barber, President, Wellington Branch, NZLS I’d also like to acknowledge the generosity of other members of our profession who have given generously to the Benevolent Fund over the last 12 months. Julia White is finalising the plans for a Benevolent Fund charity fundraising event, a “Tour of France” wine and food evening, to be held 26 February next year, held in conjunction with Maison Vauron, and with the support of Buddle Findlay. This is going to be a fabulous event. IT is amazing to think Christmas shops are already open and workwise we are nearing the pre-Christmas rush. This can be a stressful time, and the Wellington Branch has resources including the Friends Panel just a phone call or email away. One of the Wellington Branch Council’s strategic goals for this year is raising the profile of our Solicitors’ Benevolent Fund. I am delighted that the implementation of this and our other goals are well under way. On 22 October we registered the Wellington Solicitors’ Benevolent Fund with ‘Give a Little’. This is a zero-fee fundraising service provided by the Telecom Foundation, with 100 percent of every dollar getting through to the charity. As our Benevolent Fund is a registered charity, donations are tax deductible. Within three days of launching the Fund on Give A Little, we raised almost $1400. As one of the donors commented on the website, “This gives additional meaning to the notion of collegiality”. Another donor notes, “This is a really worthwhile cause as increasing numbers of lawyers are falling on hard times, suffer illness or die leaving family members without adequate support”. The Fund can be found at: www.givealittle.co.nz Donating a little is easy. Report on other activities The Council’s Practising Well working group has been looking at how best they can assist members, and progressing action plans. In addition, information to assist practitioners in civil emergencies is being finalised and will soon be added to our Wellington Branch page of the website. The working group on ‘Preserving our History’ is pursuing a number of ideas. Julius Maskell is leading the ‘Identifying local needs’ strategic priority. Julius has prepared a draft survey. We expect to send the survey to all members in January. A sub-group, working with our wonderful editor of Council Brief, has been looking at a minor refresh of the weekly e-brief and Council Brief. The Continuing Professional Development group is working hard on a number of initiatives. Continued on page 2 INVITATION TO A GATHERING TO CELEBRATE LOUISE ELDER’S LIFE ON 15 NOVEMBER 2014 AT 12.30PM AT THE HOME OF GRANT AND ADRIENNE ALLAN 139 TARARUA DRIVE, RD 8, MASTERTON Partners are welcome Please bring a bottle. Food will be provided Please RVSP to Victoria Anderson at [email protected] by 7 November 2014 Those who wish to make a financial contribution to Louise’s children may send it to Gawith Burridge, PO Box 454, Masterton 5810 Attention Bruce Wagg/Jock Kershaw or deposits may be made to the Gawith Burridge Trust Account ANZ Masterton 06 0689 0133005 02 Use “L Elder children”as a reference Phoebe Harrop (second from left) was admitted to the bar at a special ceremony at the High Court recently. Former Wellington District Court Judge Stephen Harrop (centre), at present seconded as a Supreme Court Justice in Vanuatu and his wife Margaret (far right), were in New Zealand for a break from judicial duties. Phoebe’s brother, Matt Harrop (far left), was her moving counsel. The ceremony, which took place before many family members and friends, was presided over by Justice French and Judge Harrop was given special permission to join her on the bench. Judge Harrop, who was appointed to the bench in 2006, and Margaret Harrop were for many years lawyers in New Plymouth. Margaret was secretary of the Taranaki Branch of the NZ Law Society and before that the Taranaki District Law Society for 24 years until her sign-off at the end of 2013. Phoebe Harrop works for a management consulting firm in Melbourne at present. Solicitors’ Benevolent Fund Solicitors’ fund beneficiary ‘getting on with life’ By Elliot Sim “ONE day you’re fine, the next day you’re not,” says a local practitioner who is in remission after a second occurrence of lung cancer. After being told that lung cancer had once again reared its ugly head at no fault of her own, the only way to have any possibility of surviving it was to have an urgent operation in Auckland followed up by chemotherapy, says the practitioner who wished to remain anonymous. The operation wiped her and her family out financially as well as emotionally, and because it was the second instance of lung cancer, she couldn’t secure income protection insurance. “You just don’t know that you’ll be in that situation. We thought we had sufficient funds, but we didn’t,” she says. The practitioner was approached by a colleague to consider applying to receive a grant from the Solicitors’ Benevolent Fund. “My first reaction was ‘no way, I’m not going to be involved in anything like that in this circumstance’. I didn’t want to borrow money in any form because I was so unsure about my future and I didn’t feel that I could take that on – I didn’t want to worry about it.” Despite her initial reluctance to apply for a grant, the practitioner says it was a good decision. “I was treated with such respect and such courtesy and I completely trusted the process. The process didn’t make me feel any worse than I felt about myself having to borrow some money. I’m really supportive of our profession having that fund available because all of us, without any warning, can get into that situation. It doesn’t matter how well prepared you are, things can get really tough. “Spending all that money on the treatment is the reason I’m still alive and it’s just incredibly wonderful that they had something there that I could rely on.” The practitioner has repaid her loan and is now in remission. “I have been for the last two or three years, but I don’t count anymore. I’m moving on and getting on with my life.” Ways to donate As the Solicitors Benevolent Fund is now on “Give a Little”, please can you note this as an additional way of making a donation. http://www.givealittle.co.nz/ org/Solicitors All donations go directly to the capital reserve. The Solicitors’ Benevolent Fund Trust is registered as a charitable trust (number CC48709) and has tax deductible status. Donations can be made through: • “Give a Little” http://www.givealittle.co.nz/org/Solicitors, which will be automatically receipted, or • by Direct debit: Bank of New Zealand: 02-05060101108-097 If a receipt is required when making a direct debit, please email [email protected] with your name, the amount deposited and a contact number to ensure a receipt is issued and sent to the correct place. The article headed ‘Benevolent Fund crucial to all age groups says trustee’ in the October issue of Council Brief was also written by Elliot Sim Asian law students 4 Porirua Bar Dinner 4-5 Sports Law 5 Page 2 – COUNCIL BRIEF, NOVEMBER 2014 Wellington Branch Diary November Wednesday 5 November Current Issues in IT Law – managing the cloud and lessons from Novopay and Queensland Health. NZ CLE Webinar. 11am-12.30pm. 1.5 CPD Hours. Monday 10 November Lawyer for the Child Intensive – meeting the challenge, NZLS CLE. Te Papa, Wellington. 6.5 CPD Hours Tuesday-Wednesday 11-12 November Lawyer as Negotiator, NZLS CLE Workshop, Auckland. 11.5 CPD Hrs. Thursday 13 November Courts and Tribunals Committee Family Law Committee Monday 17 November Criminal Law – discharge without conviction. NZ CLE Webinar. 11am-midday. 1 CPD Hours. Tuesday 18 November Employment Law Pleadings. NZ CLE Webinar. 11am-midday. 1 CPD Hours. Wednesday 19 November Wellington Branch Council meeting Expert Witnesses – from start to finish, NZLS CLE Seminar. Kingsgate Hotel. 2-5pm. 2.5 CPD Hours. (Webinar 9.30-11.00am, 1.5 CPD Hrs) Friday 21 November Criminal Law Committee Criminal Law Symposium, NZLS CLE, Rydges Hotel, Wellington. www.lawyerseducation.co.nz 6.5 CPD Hours Tuesday 25 November Caveat Update. NZ CLE Webinar. 11am-midday. 1 CPD Hours. Wednesday 26 November Legal Assistance Committee Thursday 27 November Human Rights Law Committee Mortgagee Sales. NZ CLE Webinar. 11am-midday. 1 CPD Hours. Friday 28 November Women in Law Committee Continued from page 1 President’s Column The Events and Collegiality subgroup of Council has met and considered the topics and questions which came out of the Council’s Strategic Planning Session, and has some excellent ideas. Complaints is an area that continues to exercise members and causes considerable consternation. At our last Council meeting, Council members discussed how we could best support members going through the complaints process. Felix Geiringer, Rachael Dewar, David Dunbar, Annette Gray, and Chris O’Connor have volunteered to be part of a group to work on a way of achieving this. Wairarapa events The Wairarapa representative on Council keeps us well informed of happenings. This year it is Vicky Anderson, and we always look forward to Vicky’s report. Forthcoming events in the Wairarapa include: An event to mark the retirement of Tony Garstang at the end of October. We and his colleagues at Gawith Burridge will miss Tony immensely, but I hope we will still see Tony at the annual dinner! A gathering to celebrate the life of Louise Elder on 15 November (details have been published elsewhere in Council Brief and in our weekly electronic newsletter). We Kim Workman Stout Fellowship winner THE Victoria University of Wellington 2015 J.D. Stout Fellowship, funded by the Stout Trust, has been awarded to justice reform advocate Kim Workman (Ngati Kahungungu ki Wairarapa, Rangitaane). Mr Workman is well known for his work on criminal justice, corrections policy and Maori development. He has been an outspoken advocate for justice reform and worked in a number of government ministries. He was involved in establishing Justspeak, a young people’s forum for justice reform and the Justice Coalition, which brings together 12 justice sector NGOs. During his Fellowship Mr Workman will be working on a book on the development of the criminal justice system in New Zealand, Criminal Justice, the State and Maori, which will document the history of Maori in the criminal justice system and examine the relationship between punitiveness and neoliberalism. appreciate the immense shock Louise’s untimely passing has been to colleagues and friends. Our thanks to colleagues in Gawith Burridge and others who have been helping with Louise’s work in progress and other business. Respite from the busy city Last weekend I was part of a small group of women lawyers who undertook the Whareama Coastal Walk. This is a catered walk beginning in Whareama, about 30 minutes north of Masterton. We walked through private farmland with lots of sheep and cows (and a few rabbits), and later along the rugged Wairarapa coastline on the East Coast. It was nice seeing the little lambs bounding in the grasses. The farmland views across the hills were spectacular, especially with the satisfaction of having climbed them! It was great getting out of the inner city hustle for at least a few days with a terrific group of people. Will Notices on page 8 in this issue COUNCIL BRIEF CROSSWORD PRACTISING WELL 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 7. Chaplain, Julia Coleman, 027 285 9115 Cryptic Clues ACROSS 6. Everybody was in debt - it’s not forbidden (7) 7. Timber needed for shafts (5) 9. A New York word (3) 10. The right alternative for the proof-reader (9) 12. I made orders for desert transport (11) 15. Venus is no matinee idol, apparently! (7-4) 17. Slightly injured - withdrawn from the team (9) 19. Aim in a given direction (3) 21. Monetary securities producing personal restrictions (5) 22. I strive to make another call (7) DOWN 1. Cast used for supporting a weak member (5) 2. This sly creature is a loud bellower (3) 3. Money needed to settle the account, we hear, in this way (4) 4. Inconstant, like a planet (9) 5. I’m ready for the picture to be put on (7) 8. Wedding belles (6) 11. They certainly couldn’t be accused of having too little spirit! (9) 13. A stick-up with me around constitutes a threat (6) 14. One who ousts the Eastern conqueror (7) 16. Point at which metal-workers strike (5) 18. Poetic end to the day is calm and unruffled (4) 20. Short writing can be illuminated (3) Quick Clues ACROSS 6. Liberty (7) 7. Lid (5) 9. Insane (3) 10. Impromptu (9) 12. Essay (11) 15. Cheeky (11) 17. Deeply shocked (9) 19. In favour of (3) 21. Scatter (5) 22. Attack (7) Council Brief Advertising [email protected] Conferences November 14 2014 – NZ Supreme Court: the first ten years, Auckland Law School. [email protected] November 17-18 2014 – Intellectual Property and Alternative Regimes: is there life outside the big three? NZ Centre of International Economic Law. Wellington. [email protected] November 16-18 2014 – ACFE Asia-Pacific Fraud Conference, Hong Kong. www.acfe.com December 3-5 2014 – Law and Society Association of Australia & NZ Annual Conference, Queensland. www.law.uq.edu.au/lsc January 31-February 1 2015 – International Criminal Law: IBA annual conference, The Hague, Netherlands. www.ibanet.org February 23-24 2015 – 7th Annual Elder law Conference, Auckland. www.conferenz.co.nz March 2-14 2015 – Southern Oceanic Rim Legal Conference – Antarctic Expedition (from Ushuaia, Tierra del Fuego). CPE Conferences. www.cpeconferences.com April 12-16 2015 – 19th Commonwealth Law Confererence, Glasgow. www.clc2015.co.uk April 30 2015 – The Maritime Law Association of Australia and NZ Conference, Taupo. www.mlaanz.org June 10-11 2015 – Mastering Due Diligence, Auckland. www.conferenz.co.nz June 25-28 2015 – Australasian Asociation of Bioethics and Health Law Conference, Wellington. www.events4you.co.nz July 23-24 2015 – Competition Matters 2015; Competition & Regulation Conference, Te Papa. Commerce Commission. www.comcom.govt.nz September 3-5 2015 – Banking & Financial Services Law Association (BFSLA) Conference, Brisbane. http://bfsla.org September 6-9 2015 – Succession Law, Monash University Campus, Prato (20 mins from Florence), Italy. European Legal Conferences. www.europeanlegalconferences.com.au September 13-18 2015 – Commonwealth Judges’ and Magistrates’ Association (CMJA) Triennial Conference, ‘Independent Judiciaries, Diverse Societies’, Wellington, NZ. www.cmja.org DOWN 1. Handle (5) 2. Determined (3) 3. Trick (4) 4. Fit (9) 5. Censure (7) 8. Diminish (6) 11. Alien (9) 13. Glib talk (6) 14. Copy (7) 16. Earth (5) 18. Otherwise (4) 20. Hiatus (3) MA DESIGN m Answers: See page 7 1 Alcuin of York (735-804), a student of Archbishop Ecgbert (?-766) who appears to have been a student of the Bebe the Venerable (673-735), wrote a book entitled Propositiones ad acuendos juvenes (Problems to Sharpen Youths). The book sets out a collection of problems, including several now well-known ones dealing with river crossings, two of which follow: a) A farmer purchases a wolf, a goat, and a very large cabbage. On the way home, the farmer has to cross a deep and wide river in a wee boat. The boat can only carry the farmer and one of the purchases at a time. How does the farmer manage to move the wolf, goat, and cabbage cross the river without the wolf eating the goat or the goat eating the cabbage? b) A family of four have to cross a deep and wide river in a wee boat. The two adults weigh the same. The kids weigh half as much as the adults. The boat can only bear the weight of one of the adults without sinking. How did all four manage to use the boat to cross the river safely? © Mark Gobbi 2013 2 It is white’s turn to move. should white do? What !!!!!!!!" ?$ >$ =$ <$ ;$ :$ 9$ 8$ %@ABCDEFG' COUNCIL BRIEF, NOVEMBER 2014 – Page 3 NEWS Committee report Law and the health sector By Katie Elkin JUST over a year ago, the Wellington Branch Health Law Committee was established. We are a diverse group of practitioners, working in diverse roles, brought together by a common interest in the law as it relates to the health sector. The committee currently has 23 members, including lawyers from government departments, crown entities, health regulatory authorities, healthcare provider organisations, and those in private practice. While there has been a national health law committee for some years, we considered that additional collegiality between practitioners in the Wellington area would be assisted by also having a branch-level committee. As well as getting to know each other better, we see one of the key functions of the branch committee as being to provide a forum for learning from one another and for the discussion of topical issues. Over the first year, we have benefited from presentations and discussions about various health law topics, including the Spencer litigation (concerning payment for family carers), the recent inquiries into Mid-Staffordshire NHS Foundation Trust in the UK, and studies of complaints and disciplinary proceedings against doctors. We have also fed into the national committee’s submissions on the Law Commission’s First Principles Review of the legal framework for burial and cremation in New Zealand. The Ministry of Health legal team also provides a legislative update at each meeting, advising members of the progress of new legislation and amendments currently being considered. The committee meets approximately every six weeks and we welcome any others who are interested to attend. Lifeline Counselling has a team of qualified professional counsellors experienced in working with clients across a broad range of issues. 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 in time. Skype Face-to-Face counselling applies throughout New Zealand. Library News Opportunities for training in use of Brookers/Westlaw NZ databases By Robin Anderson Wellington Branch Librarian THE old Brookers Online system will be closed down soon. All subscribers to Thomson Reuters NZ online products have had training opportunities. We are now offering training to those practitioners who use the Brookers/Westlaw NZ databases in the library. The second of the training sessions is on Thursday 27 November from 5.30 to 6.30 pm and will be held in the Law Society Library, Wellington. If you wish to come to this please RSVP, with a subject line of: Wellington NZLS training 27.11 , to [email protected] before 19 November. The session will count towards your CPD hours. Old law books for disposal We have a set of the Times Law Reports 1888-1908 (vols 1-24) and a set of Butterworths Workingmen’s Compensation Cases 1907-1949 except 1935 available. There are also a large number of old editions of texts available. Talk to Robin Anderson if you are interested. Legaltrac Legaltrac is a major US legal journal databases available free at your desktop via your my.lawsociety login. It has nearly 1.8 million indexed articles from major English language law journals including quite a few full text journals and articles. It covers the period 1980 to date. The journals indexed include NZ, Australian, UK and Canadian journals as well as US journals. The coverage also includes academic writing, news and magazine style writing includ- New books list on page 6 ing Bar Association and Law Society magazines, so a wide coverage from academic to day-to-day news. Internet Are you interested in what other firms are saying? There is an excellent site that gathers together newsletters from law firms in Australia, Canada, Ireland, NZ, Singapore, South Africa, UK and USA. It also makes them searchable. Go to www.feefiefoefirm.com to check it out. Page 4 – COUNCIL BRIEF, NOVEMBER 2014 NEWS Support for Asian law students By Steven Li and Yemo Guo Victoria University of Wellington law graduates, BoHao (Steven) Li, now with Chapman Tripp, and Yemo Guo, with Worksafe NZ, have this year started the Asian Law Students Collective at the Victoria Law Faculty BoHao (Steven) Li Yemo Guo WE have both recently completed our law degrees from Victoria Law School. During this time, we saw a steady increase in the number of Asian law students – from no more than 30 in 2008 to 120 this year. This got us thinking about what provisions the Wellington legal community had in place specifically targeting Asian law students. The answer was none. Victoria had no support network for Asian students, unlike other ethnicity groups, such as Maori and Pacific Islanders. We thought this left a gap in student support networks. In our view, there was an internal and external “gap” in the support network for Asian law students. The internal “gap” refers to the support from family and friends. For many Asian law students, including the authors, their parents are migrants. They did not attend university in New Zealand and some have no university experience at all. Along with this, they can offer little or no language support. In our opinion, this creates an instant disadvantage for Asian students. Speaking from personal experience, we were not able to ask our parents or close family friends many basic questions regarding university life in New Zealand. Questions like, what are the common pitfalls that a student faces when going through the New Zealand university system? How do we relate to other students at law school? Furthermore, our English language skills are often better than our parents. Thus, it was unrealistic to expect help from our parents with our assignments, including the basic task of proofreading our papers. The external “gap” refers to community support. We acknowledge that there were pre-existing mentoring programmes (such as the Kensington Swan 100-Level Mentoring Programme) available to Asian law students. However, those programmes do not specifically target the unique backgrounds of Asian law students. So the decision was made to set up the Collective. However our plan would never have got off the ground without the support of many likeminded Asian law students. We would like to take this opportunity to acknowledge the members of our dedicated executive group: Alan Ahmad, Althea Carbon, Roc Hsiao, Natalie Foy, Hugo Kan, Samantha Knott, Sarah Lamb, Jasmin Moran, Wei-Wei Ng and Diana Tam. A year in review There are two major components to the Collective. First, as part of the day-to-day operation, we set up the mentoring programme. This programme matched a senior and a junior Asian law student together focusing on academic and social aspects of law school. Continued on page 7 Informal drinks at the Wellesley MEET on the third Friday of each month, 5.30ish at the Wellesley Boutique Hotel, Maginity Street, for a chat and a drink with colleagues and friends. PORIRUA BAR DINNER Film Commission chief executive and one of the guest speakers, Dave Gibson, with dinner organiser Chris Ellis and Benjamin Paradza. Bill Bevan and Judge Tom Broadmore. Vai Leavaiseeta and guest speaker Judge Bill Hastings. Steph Dyhrberg, Rachael Dewar and Wendy Aldred. Left: Chris Tennet, Frances Ah Mu, Mark Wilton and Ken Ah Khoi. Right: Nerissa Barber, Shanelle Lovegrove, Louise Newman, Angela Brown and Cara Thorburn. Frances Ah Mu and Ken Ah Kuoi. Christine Grice, Rachael Dewar and Alpa Patel. COUNCIL BRIEF, NOVEMBER 2014 – Page 5 IPC SEMINAR Seminar presenters Nigel Stirling and james Roach of Gibson Sheat. ‘Sports law’ is a surprisingly eclectic mix By Philip McCabe IS there such a thing as Sports Law? Apparently not. At least that is what Nigel Stirling and James Roach of Gibson Sheat told about 30 practitioners at a seminar organised by the Independent Practitioners Committee on the topic on 6 October. Rather than a separate body of Sports Law, there is a surprisingly large number of general laws that relate to sporting activity. These include contract and criminal law (match fixing, anti-doping), commercial and corporate law, intellectual property including particularly trademarks and copyright, employment law, health and safety, merchandising, human rights, stadia and pourage rights among others. Rather like a wrestling tag team, Nigel and James took turns addressing a number of aspects in more detail. First up was the Football United NZ Tour which saw two English Premier League football teams come to New Zealand. This proved to be a very complex project involving a surprising number of legal questions. Next was sports betting and match fixing which briefly considered whether a prominent cricketer was ‘New Zealand’s Lance Armstrong’. The presentation concluded with a discussion of transfers of players between teams and sports codes for eye watering sums of money, the handling of disputes by the NZ Sports Tribunal and local and global anti-doping measures. The presentation was pleasantly interactive with questions asked and answered throughout with prizes awarded for audience participation. Drinks and finger food concluded a stimulating, enlightening and valuable presentation. Suggestions from practitioners for future IPC seminar topics are always welcome. Choose New Zealand’s premier Law School for your LLM The Faculty of Law at Victoria University of Wellington scores a consistently high ranking in international surveys and provides its students access to unique learning opportunities. Learning from the law makers Being located in the capital city, law students at Victoria have the special opportunity to learn in the place where law is made. The nation’s higher courts, parliament and government agencies are all here in Wellington, so students get to see cutting-edge modern law in action. Our location means we have access to judges and senior government officials, who interact with the faculty as adjunct lecturers in a series of public lectures and programmes of internships at Master's level. Learning from history Legal education and its development in Wellington is steeped in history. Law has been taught at Victoria since the University was established in ����, with the Faculty itself established in ����. Our Law Review was the first to be established in New Zealand in ����. Learning to suit you The LLM at Victoria is a bespoke degree that can be tailored to suit the needs of our students. All of our academic staff can provide supervised research for Master's degrees and many also supervise PhD students in their specialist areas. Learn with the best. Ask about the LLM at Victoria University of Wellington today. victoria.ac.nz/law FL���� Vai Leavaiseeta, Mothla Majeed, Marama Mataio, Jessica Sebastian, Nerissa Barber and Stephen Wakem. Right: Christine Grice, Sue Shone, Amanda Courtney and Alpa Patel. Council Brief Advertising [email protected] Page 6 – COUNCIL BRIEF, NOVEMBER 2014 VUW LAW FACULTY Precious freedoms lost not easy to regain By Professor Tony Smith, Dean of Victoria University’s Law School LOCAL reaction to the recent shooting event in Ottawa reminds us that we really are a part of Marshall McLuhan’s global village. Professor Tony Smith Security at Parliament was immediately ramped up. It was pleasing to note that this was characterised by official sources as being a temporary measure. Yet I wonder whether it really will be. Once any emergency measures have been put in place, it requires some courage to dismantle them. The waste bins that used to be a feature of London’s railway stations, removed because they were used by IRA bombers in the 1970s and 80s, have never been replaced. It is almost as though their reinstatement would amount to an invitation to those with maleficence in mind to do their worst. Arm the Police? Almost inevitably, the question was asked as to whether our parliamentary security officers should have access to firearms, an issue that is persistently pressed for by the president of the Police Association on behalf of the regular police. Prime Minister John Key was reported in The Dominion Post as giving the former suggestion a cautious “perhaps”, saying that “people will go away and reflect on” the issue. I hope that, having reflected, the “people” will come to the conclusion that existing measures are adequate. Every time security is tightened, it reduces our freedom, however minimally. When the New Zealand Supreme Court is in session, we are all required to go through airport-like security measures, a fact that inhibits me from dropping in to the Court as frequently as I would like. I acknowledge that the individuals who give effect to these procedures in New Zealand are almost without exception relaxed and good-humoured. It is not necessarily so in other countries. I cannot bring myself to travel via the United States of America because of the way in which transit passengers are treated there. Police and peaceful protest If security surrounding Parliament is tightened, at least so far as access the Parliament’s buildings is concerned, what about access to the grounds? I frequently see from my Old Government Building office marchers approaching Parliament in the exercise of their right of peaceful protest. By comparison with what happens elsewhere in the world (and I have Westminster’s Parliament Square in particular in mind) the ease of access to the grounds surrounding the legislature is remarkable. The police appear to be present at such events in a largely facilitative role, although they would undoubtedly be expected to keep the peace should public disorder ensue, as happened in particular during the protests against the Viet Nam war in the 1970s. As it is, citizens and foreigners alike are welcomed in to the grounds of Parliament without let or hindrance – long may it remain so. As to arming the police as a matter of routine, the newly appointed Minister of Police, Michael Woodhouse (and the Commissioner of Police), are reported as being even firmer in their rejection of the Police Association’s suggestions. In their view, nothing has happened of late that would suggest that there ought to be a change in the status quo, and they do not believe that the Association’s spokesman has the backing of rank and file police. Again, I believe that any such change would be for the worse to the long-term relationship between policemen and citizens, making policing by consent just that much more difficult and less friendly. The prospect of approaching visibly armed persons to ask them for the time or directions is really rather daunting. Claims of responsibility One other aspect of the reporting of Ottawa and the other all-too-frequent terrorist activities worldwide always strikes me. It is customary for the media to report that no person or group has “claimed responsibility” for the event. Why “claimed”? Does the defendant pleading guilty in court ever “claim” responsibility for what he or she has done, as opposed to pleading guilty to it? Are reporters seeking the language that they use to distance themselves from the atrocity whilst at the same time hinting that they have some sympathy with the perpetrators, who are purportedly seeking to advance whatever cause in whose name they have acted, however wrongheadedly? I do not know the answer to those not entirely rhetorical questions, but I involuntarily wince when I hear the language of claim. Continuing professional development You may remember that on a couple of occasions, I have made reference to the Continuing Professional Development programme introduced relatively recently by the Law Society. As envisaged by the Society, the programme was intended to be (as its name implies) a “continuing” self-reflective exercise, engaging our professional energies throughout the year. I expressed some scepticism, saying that in my own experience of a comparable exercise in the United Kingdom, self-education tended to be pushed to one side by the constant and incessant demands of busy professional practice, and that the proliferation of on-line courses that sprouted in December attracted most attention. Sure enough, I regularly receive (as I am sure you also do) invitations to attend very ex- Australian Chief Justice to give Cooke lecture The Robin Cooke Lecture this year is to be given by the Chief Justice of Australia, Robert French. Because of the other commitments of our speaker, the lecture will take place somewhat earlier than usual, on 27 November. The chosen title is ‘Common Law Constitutionalism’. As usual, all are welcome to attend the lecture and to join me and my colleagues at the Law Faculty in (slightly premature) end-of-year and Christmas celebrations. I hope to see you there. Council Brief Advertising New books in NZ Law Society library Wellington Conduct of counsel causing or contributing to a miscarriage of justice : a thesis submitted for the degree of Doctor of Philosophy at the University of Otago, Dunedin, New Zealand 2009 KL95.5.L1 ODR Correction of miscarriages of justice in New Zealand and England: a thesis submitted for the degree of Doctor of Philosophy at St Catherine’s College, University of Oxford, Hilary Term 2012 KM597 BIR Green’s encyclopaedia of the law of Scotland, Edinburgh : W Green 2nd ed 1909 History of the law of nations, Cambridge: University Press 1899 Judicial review : a New Zealand perspective, Wellington : Lexis Nexis NZ 3rd ed 2014 KM306.L1 TAY Law of costs, Sydney : LexisNexis 3rd ed 2013 KN397.K1 DAL On order Law of refugee status, Toronto: Butterworths 2nd ed 2014 KC205.F1 HAT Law relating to estoppel by representation, London: LexisNexis 4th ed 2004 KN384.4.A1 SPE On order W100002476 Legal decisions affecting bankers, London: Blades, East & Blades 1900; KN303.L1.Z2 PAG Legal research: a practitioner’s handbook, London : Wildy Simmonds & Hill 2nd ed 2013 KL155.A1 CLI Rescission of contracts : a treatise on the principles governing the rescission, discharge, avoidance and dissolution of contracts, London : Stevens & Haynes 1916 KN16.2.A1 MOR Rural law : the big issues, Wellington : New Zealand Law Society 2014 KN98.L1 NEW Spencer Bower & Handley actionable misrepresentation, London : LexisNexis 5th ed 2014 KN15.4.A1 BOW On order The future of law society libraries in New Zealand : a recommendation, 2007 K80.L1 MAC The law of affidavits, Sydney : Federation Press 2013 KN392.2.K1 LEV Williams, Mortimer and Sunnucks on executors, administrators and probate, London : Sweet & Maxwell 20th ed 2013 KN143.A1 WIL On order pensive “New Zealand 10 Points in one day programme” events from commercial providers, emanating from an Australian-based organisation. I have no idea how well-attended these sessions might be, and am determined not to succumb to their siren charms, even for the purposes of offering you a better informed column. But I doubt whether, however popular, they fall within the scope of the programme as originally envisaged. [email protected] [email protected] Lifeline Counselling has a team of qualified professional counsellors experienced in working with clients across a broad range of issues. 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. Deadline December Council Brief Tuesday 25 November 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 in time. Skype Face-to-Face counselling applies throughout New Zealand. Please contact Lifeline Counselling on [email protected] or phone 09 909 8750 Book early for Law Society events! Will Notices page 8 in this issue COUNCIL BRIEF, NOVEMBER 2014 – Page 7 COMMUNITY LAW CENTRE Lag Law: a new book, a new 0800 number – and you? By Community Law Wellington and Hutt Valley Lag Law: Your rights inside prison and on release Community Law Wellington and Hutt Valley has just released the first edition of a new plain English legal guide, called Lag Law: Your rights inside prison and on release. The purpose of Lag Law is to provide a handy legal guide for prisoners, their whanau, and anyone working with prisoners inside or outside prison. The guide answers common questions regarding going to prison, serving a sentence, and release from prison. Lag Law contents • Before prison: The criminal court process – Dealing with the police, lawyers and legal aid, going to court, restorative justice, remand in custody, sentencing. • Bills, budgets and benefits • Rental housing, mortgages, avoiding debts, offence-related debts. • Family Matters • Pregnancy and childcare in prison, parenting rights, the Family Court process, Child, Youth and Family, protection orders. • Starting a sentence • Arriving at prison, minimum entitlements, case managers, property, money. • Working, studying and other activities on the inside • Working in prison, education, physical exercise, religion, voting. • Visits, phone calls and mail • Visitor approval, access to lawyers, sending mail, making phone calls. • Health and Medical Care • Ongoing medical care, dental care, illness and infection, mental health, drug and alcohol treatment. • Discipline and punishments inside prison • Disciplinary hearings, cell confinement and segregation, use of force, searches, drug and alcohol testing, DNA testing. • Making complaints about treatment • Prison inspectors and Visiting Justices, Complaints to the Ombudsman, Health and Disability Commissioner, and Privacy Commissioner, and appealing to the Human Rights Review Tribunal. • Transfers • Transfers to other prisons, transfers to hospital, deportation. • Release from prison Parole, release conditions, recall, compassionate release, temporary release. With funding from Lotteries we have been able to provide free copies to a number of community groups around the country. Feedback has been very From page 4 Asian law students collective We encourage our mentors and mentees to meet up regularly to share their law school experiences (such as what has and hasn’t worked well for them) and to explore how to best prepare for the workforce. We have received many positive responses from our 20 Asian mentees and we expect that number to grow year on year. Secondly, we have organised several speakers’ events. Speakers have included: Alice Wang (a former Supreme Court judge’s clerk who is currently attending Oxford University as a Rhodes scholar), Althea Carbon (2014 Westpac emerging woman leader award winner) and Wilson Chau (MFAT policy advisor). Topics covered have included how the speaker’s Asian heritage influenced their experience as a law student as well as their professional career, what the biggest challenge is for Asian students at law school, what is the best way for students to become contributing members of the Wellington legal profession? Plan for 2015 Our first priority for 2015 is to consolidate our current programmes with plans to expand our mentoring network to include the engagement of the wider Wellington legal community. We would like to extend an open invitation to any practising Asian lawyer or law graduate in the Wellington region who is keen to volunteer as a mentor (or in some other capacity) to recent law graduates. If you would like to get involved in some way however small, please contact Steven via email: [email protected]. We welcome all ideas, suggestions and comments. We look forward to hearing from you. MA DESIGN m Answers for puzzles from page 2 1 (a) The farmer takes the goat across the river. Then the farmer returns and takes the wolf across. Then the farmer returns with the goat and takes the cabbage across. Then the farmer returns to take the goat across. In this way, the goat is never alone with the wolf and cabbage is never alone with the goat. (b) The two kids cross the river and one kid returns. One adult crosses and theother kid returns. The two kids cross again and one kid returns. The other adult crosses and the other kid returns. Then both kids cross. 2 1 Qe7+ Kh6 (if 1…Kh8 then 2 Qf8#; if 1…Kg8 then 2 Qf7+ Kh8 3 Qf8# or Re8#) 2 Qf8+ KxNg5 3 Qf4# [Hromadka v Carls Hamburg 1910] positive, and ideas are flowing in for improvements, new ways to use Lag Law, and ways to make the information more widely accessible. Copies of Lag Law are available for $30 each. Lag Law is also available for free as a PDF on our national website: www.communitylaw.org.nz by typing “prisons” into the Community Law Library. We are keen to hear what you think of Lag Law. Please email: [email protected] with your comments or questions. We hope to be updating Lag Law very soon so early feedback (and more funding!) would be very helpful. 0800 number for Rimutaka prisoners Community Law Wellington and Hutt Valley has set up an 0800 number for people in Rimutaka to call for free legal help. We are in the process of having it approved by Corrections for wider use and distribution, but we are already accepting calls. The number has an answer phone but during office hours is usually answered by a real person. The number is 0800 524 529. Please feel free to give this number to your clients who are in Rimutaka and need legal help outside your brief. For example, we can give initial family law advice and referrals to your criminal law client. Or we can help him with his tenancy law issue or debt dispute on the outside. If you are giving the number to a caller, please tell them that it helps to leave a clear message with their name, unit number, and suggestions of good times to call them. You can also give the 0800 number to family members of prisoners. We often speak with whnau who need help understanding prison law and the options their son or partner in prison has. Rimutaka Prison Volunteer Lawyers With Lag Law in print and the 0800 number live, we are geared up to further develop our free legal help services to Rimutaka Prison. Community volunteer lawyers Community Law Centres and volunteer lawyers have a solid background in prison work. Arohata Prison is served by Porirua’s Whitireia Community Law Centre. Wellington’s Community Law Centre ran a volunteer roster for Wellington/Mt Crawford Prison for many years until its recent closure. Rimutaka is obviously a much larger prison and our service there has scope to grow significantly. We currently receive and respond to calls and letters from prisoners, and we visit as required. We attend community days and have delivered education at Rimutaka, but we do not currently have a scheduled weekly visit. We would like to re-establish a regular roster of volunteer lawyers who are available to serve the prison, and we want your ideas about the best form for Crossword Solutions From page 2 Cryptic Solutions Across: 6 Allowed; 7 Beams; 9 Any; 10 Corrector; 12 Dromedaries; 15 Evening-star; 17 Scratched; 19 End; 21 Bonds; 22 Revisit. Down: 1 Sling; 2 Fox; 3 Peso; 4 Mercurial; 5 Imposed; 8 Brides; 11 Drunkards; 13 Menace; 14 Evictor; 16 Anvil; 18 Even; 20 Lit. Quick Solutions Across: 6 Freedom; 7 Cover; 9 Mad; 10 Extempore; 12 Composition; 15 Impertinent; 17 Staggered; 19 For; 21 Strew; 22 Assault. Down: 1 Treat; 2 Set; 3 Hoax; 4 Competent; 5 Reproof; 8 Lessen; 11 Foreigner; 13 Patter; 14 Imitate; 16 World; 18 Else; 20 Gap. THE WIZARD OF ID the service to take. We would also love to have you as a volunteer. We will provide training and a range of opportunities for involvement, so you need not be an expert (experts also very welcome). If you would like to talk with Community Law about your ideas or about joining a roster of volunteers attending Rimutaka Prison, please contact Community Lawyer Darien Mahony – 460 4468, [email protected]. Deadline December Council Brief Tuesday 25 November Sue’s Kitchen Secrets World famous at Wellington Branch and beyond! Anyone who has come to an evening event at Wellington Branch will know of Sue Collins’ prowess in the kitchen. Over the last ten years we have all been treated to a great selection of Sue’s delicacies from the NZLS Kitchen. After many requests from members (and staff) we have finally persuaded Sue to share some of her (and our) favourite recipes in a new monthly column, Sue’s Kitchen Secrets. Enjoy favourite No.1! Peanut Square Preheat oven to 180ºc Ingredients 1. Gently heat butter and golden syrup together until the butter has melted then add sugar and stir until dissolved. 250 g butter 1 cup sugar 2 tablespoons golden syrup 1 cup mixed fruit 1 cup peanuts 1 cup plain flour 1 cup self-raising flour } 2. Or equivalent quantity of your own favoutite mix. 3. Mix dry ingredients together and fold into butter mixture until all absorbed. 4. Turn out into lightly greased tin and gently press until evenly distributed. 5. Bake approximately 20 mins until lightly browned on top. 6. Cut into squares with sharp knife when slightly cooled. Page 8 – COUNCIL BRIEF, NOVEMBER 2014 NEWS WILL ENQUIRIES Law graduate CV scheme The Wellington Women in Law Committee met with the NZ Law Society President Chris Moore, Executive Director Christine Grice, and Principal Advisor Bronwyn Jones on Friday 24 October. The Committee invited Chris Moore to discuss issues of concern to members of the profession, particularly women. The Committee welcomed the opportunity to exchange insights with the NZLS President on the issue of equality of women in the legal profession, particularly on the Law Society’s role in this issue. One of the practical solutions discussed was adding more information and tools to the NZLS website. Chapman Tripp junior negotiation competition winners FOR URGENT ACTION Please contact the solicitors concerned if you are holding a will for any of the following: THE scheme to assist law graduates into work is still being operated by the Wellington Branch. Law graduates seeking work leave their CVs at the Society. These are available to potential employers needing staff who can refer to the CVs and choose appropriate graduates. The work offered need not be permanent. Any work in a law office will give graduates valuable experience that may be helpful to them next time they make job applications. ONDA, Isao Late of Japan. Died at Tochigi Prefecture, Japan, on 11 January 2012. Rasch Leong Lawyers (David Leong) PO Box 14 304, Wellington 6241 Tel 04 387 7831 Fax 04 387 2432 [email protected] The cost of a will notices is $50.00 (GST inclusive). Please send payment with your notice. Will notices should be sent to the Branch Manager, NZ Law Society Wellington Branch, PO Box 494, Wellington. INVITATION TO A GATHERING TO CELEBRATE LOUISE ELDER’S LIFE ON 15 NOVEMBER 2014 AT 12.30PM AT The Chapman Tripp Junior Negotiation competition was won by Tory Hansen and Zane Fookes. Runners-up were Briar Shaw and Kasia Ginders. They are pictured (left to right) with judges: Chris Bougen (Chapman Tripp senior associate), Josh Blackmore (Chapman Tripp partner), Kasia Ginders, Briar Shaw, Tory Hansen, Zane Fookes, and Professor Graeme Austin. THE HOME OF GRANT AND ADRIENNE ALLAN 139 TARARUA DRIVE, RD 8, MASTERTON Partners are welcome Please bring a bottle. Food will be provided Please RVSP to Victoria Anderson at [email protected] by 7 November 2014 Those who wish to make a financial contribution to Louise’s children may send it to Gawith Burridge, PO Box 454, Masterton 5810 Attention Bruce Wagg/Jock Kershaw or deposits may be made to the Gawith Burridge Trust Account ANZ Masterton 06 0689 0133005 02 Use “L Elder children”as a reference The Wellington Women Lawyers Association “Taking the Plunge” event held recently was well-attended and successful. Panel members, above, Chantelle McCabe, Annabel Wilton, Judith Fyfe, Wendy Aldred (Chair), Lucy Elwood and Steph Dyhrberg discussed aspects of setting up a firm, joining the independent bar and more. A more detailed discussion on the issues raised will feature in the December issue of Council Brief. Lifeline Counselling has a team of qualified professional counsellors experienced in working with clients across a broad range of issues. 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 in time. Skype Face-to-Face counselling applies throughout New Zealand. Please contact Lifeline Counselling on [email protected] or phone 09 909 8750 Book early for Law Society events! Wellington lawyers are very keen to attend events presented by the Wellington Branch office. Victoria law students Emma Smith (left) and Anna Peacey (right) recently won the Mahony Cup at the NZ Law Foundation National Family Moot in Dunedin. It is the first time in the competition’s 19year history that Victoria has won. For several recent events demand has outstripped the number of places and long waiting lists have resulted. The answer is to please book early or you risk being disappointed. Council Brief Advertising [email protected] These are some pictures taken at the highly successful CLANZ Mini half-day conference focusing on Legal Project Management held in Wellington on 16 October.
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