Council Brief - My Law Society

Council Brief
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Wellington
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Resort
golf 8
The monthly newspaper of the Wellington Branch New Zealand Law Society
Issue 444
❑ Emergency Planning
ISSN 2382-2333
March 2015
Have you:
✔ Planned how to leave the building in an
emergency
Are you ready?
✔ Planned how you will communicate with
your staff on the day and then later about
changes to their work place/time
W
ellington is a risky place to live. Our location in an active
tectonic zone exposes us to damaging earthquakes and
tsunami; the position of our long and narrow islands far from major
land mass means we can be subject to major storms from north and
south.
Disastrous earthquakes and storms have happened in the past
and will happen again.
The Wellington Branch Council encourages members to prepare
for these events so that recovery is both possible and timely.
To this end the Council has set up a web page with information
about planning for and dealing with disasters. The web page is hosted by the New Zealand Law Society and can be found here:
✔ Planned how you will communicate with
clients if you cannot access your
premises
✔ Considered options for getting access to
your files and key documents if you
cannot access your premises
✔ Considered possible alternative premises
in the short to medium term
✔ Planned how you will deal with court or
other deadlines, your trust account,
completing transactions etc
http://my.lawsociety.org.nz/branches/wellington/emergency-preparedness
You will find advice on managing your employees, dealing with
damage to your premises and safeguarding your files following an
emergency.
A useful booklet – It’s easy: get prepared for an emergency – Business Edition has been sent to you with this issue of Council Brief. A
very big thank you to the Wellington Region Emergency Management Office (WREMO) for providing this.
A big thank you also to Dyhrberg Drayton Employment Law for
information about employment issues to consider before and when
a disaster strikes.
The new web page contains a list of contacts you may need when
an emergency is upon us. The web page is a work in progress – we
welcome contributions, particularly regarding areas not yet covered.
The Wellington Branch Council is planning more work and
activities later in the year on the theme of emergency preparedness.
Watch this space!
Also remember to prepare for an emergency at home too – see
http://www.getprepared.org.nz/households
Photos: Courtesy Canterbury Tales
The office of barrister Duncan Currie after the
Christchurch earthquake of 22 February 2011.
Use of social media
invaluable in emergencies
By Steph Dyhrberg
W
ellington has experienced a number of sharp
earthquakes in the past couple of years. These
resulted in disruption to businesses, many buildings being
damaged, and episodes of confusion for employees not
knowing whether their buildings were safe, or whether they
should be coming to work.
After the first significant quake in 2013, a Facebook page
sprang up which rapidly became a very useful ‘noticeboard’
for Wellington people. The page was updated hourly, and
moderated (meaning a duty supervisor checked what was
being posted for accuracy and appropriate content). The page
provided information and there were useful links. This page
enabled Facebook users to access and post information
about affected transport and other services, civil defence
advice (e.g. whether to come into the central city), which
streets and buildings were affected, and which workplaces
were closed. Business owners and HR managers soon began
posting information for their staff and for customers about
their status and who to contact for further information.
This example demonstrated the power and usefulness of
social media as a way to very quickly reach a lot of people in an
emergency.
Firms should have a plan and secure list of contact details (offsite) for
contacting and communicating with employees, clients and other firms or
agencies in case of an emergency. Social media could be used (perhaps
the firm’s Facebook page or Twitter), or have one or more designated
people phone or text staff. Some larger firms could have contact ‘trees’
so designated people contact groups of employees to keep them informed.
Learning from experience
J
onathan Orpin was one of a
dozen barristers at Stout Street
Chambers whose professional life
was rudely interrupted by the 6.5
magnitude earthquake of 21 July
2013.
The most severe Wellington
’quake since 1942 caused significant damage to the Old Public
Trust building, which housed the
chambers, and caused its evacuation.
“Fortunately our computer engineer removed our server within
hours and we were able to get in
the morning after to retrieve our
files,” Jonathan says. “After assessment by engineers, we were
also able to get our furniture out.”
The barristers needed to get
together the following day to look
at options and Kensington Swan
kindly offered its boardroom. It
soon transpired that Kensington
Swan had spare office space avail-
able in SAS building on The Terrace and Stout Street Chambers
set up there a couple of days later.
They were also able to use meeting room space at Capital Chambers, in the same building.
“We are extremely grateful to
Kensington Swan and Capital
Chambers for their help,” he says.
They remained there for almost a year, until moving to the
newly earthquake strengthened
Huddart Parker building in late
June 2014. “One decision we
made was that we would in future
work only in a building that was
100 percent or more of the code.”
Lessons learned included the
importance of locating computer
servers in separate premises, and
the need to urgently check building security after earthquakes as
electronic entry systems are likely
to be compromised. Stout Street
Chambers has also upgraded its
phone system to an ‘IP system’, so
that its phones are routed through
the internet. This means their
phones can be plugged into the
nearest LAN port in any office or
even in another country, thus
avoiding local telephone networks
in the event of disaster.
“It could have been very disruptive had we been unable to retrieve
our files or our server. We were
very lucky.”
Emergencies will come – get prepared now
From the
President
THE recent commemoration of
the fourth anniversary of the
Canterbury earthquakes is a
powerful reminder of the potential
for disaster, and the need for
preparedness. It’s timely, therefore,
that this month’s Council Brief
theme is Emergency Planning.
Along with the March Council Brief
edition, you should have received
an insert from the Wellington
Region Emergency Management
Office to help businesses prepare
for emergencies.
I’d also encourage you to visit a
new web page set up by the Wellington Branch Council (see above)
dealing with matters of emergency
management. The URL for this web
page can also be found above.
It’s a work in progress – please
feel free to contribute information
that may be able to assist others.
Emergency events have ongoing
and often unexpected consequences for businesses, and not just relating to staff and premises. For law
practices, post-disaster case-file
and information management can
be a significant concern.
My grateful thanks to Cathy
Rodgers, Vice President, who has
led this initiative, assisted by Julius
Maskell, Chris O’Connor, and Steph
Dyhrberg; and Miranda Kaye and
the rest of the NZLS team for their
work adding information to the Law
Society’s website. Steph and Dyhrberg Drayton Employment Law
provided the extremely helpful information on the webpage on employment issues.
Solicitors’ Benevolent Fundraiser
In late February we enjoyed an
evening of fabulous food and wine,
with the wit and flair of Jean Christophe of Maison Vauron, all to raise
money for a great cause: the Solicitors’ Benevolent Fund. Some photos
from this event are on page 4 in this
Council Brief .
Benevolent Fund trustee Wayne
Chapman spoke about the fund,
which has been running since 1941.
It assists practitioners of the Wellington Branch NZ Law Society and
their families who are suffering significant hardship. I acknowledge
Wayne, and the other trustees, Richard Fowler QC and Lance Pratley for
the significant work they do for our
profession.
Continued on page 3
2
Branch News
COUNCIL BRIEF, MARCH 2015
Library News
Digital or hard copy? Take your pick…
By Robin Anderson Wellington Branch Librarian
“MY bookshelves are lined with law reports, which allow me to look
up a case quickly, instead of fiddling around on the Internet”.
Sunday Times Magazine, ‘A Day in the Life of Baroness Hale of
Richmond’ (70), Britain’s most senior female judge. See:
www.thesundaytimes.co.uk/sto/Magazine/article1516033.ece
The NZLS Library has been creating and curating a rich, deep and
broad resource of legal knowledge for lawyers for more than a century. We have large heritage collections of pre-1900 material as well as
very good collections of law reports for those who wish to follow
Baroness Hale’s example. We also have large digital collections for
online research in the libraries and for those who prefer digital to
hard copy.
News
Over the next few months Branch Library users will see their
Library computers upgraded. This will give you a much better and
faster connection to Westlaw NZ as well as possibilities to save and
email material to yourself. All three database suppliers now allow
you to do this.
New Books
Associations and clubs law : in Australia and New Zealand, Sydney :
Federation Press 3rd ed 2010 KN169.4.K3 SIE
Charlesworth & Percy on negligence, London : Sweet & Maxwell
13th ed 2014 KN33.3.A1 CHA
Indie, Dr Wayne Severn’s drug detector
dog, was sadly unable to attend the
seminar because of a strained back. Dr
Severn calls his German Shepherd, his
‘marketing manager’.
IPC seminar on drug testing in the workplace: Dr Wayne Severn from Scenttech,
Chris O’Connor for the IPC committee, and Johanna Drayton and Mo Al Abaidi of
Dyhrberg Drayton Employment Law.
Drug testing in the workplace
THE Independent Practitioners’ Committee
recent seminar on drug testing in the workplace
looked at the technicalities and methods of
testing, and considered relevant legal aspects.
Dr Wayne Severn, operations manager at Scenttech Drug Detector Services, spoke about the
range of illicit drugs available in New Zealand, and
methods of detection that can be used in the workplace. He said dog detection provides cost-effective, rapid and accurate workplace testing and is
also a “visible deterrent”. Among other matters, he
discussed urine testing, synthetic cannabis and
the necessity for a productive business to have a
drug-free workplace policy.
Mo Al Abaidi and Johanna Drayton of Dyhrberg
Drayton Employment Law spoke of the need for
firms to have a drug and alcohol policy; that policy
should have regard to basic human rights, health
and safety risks and privacy considerations among
other concerns.
Other matters discussed included the need to
have a sound business case for drug testing in the
workplace, for instance where impairment because of drugs and alcohol may cause physical risk,
such as in the foresty industry. They commented
that employees with drug or alcohol addiction will
be considered disabled and the offer of rehabilitation may well be expected.
Jervis on the office and duties of coroners : with forms and precedents,
London : Sweet & Maxwell 13th ed 2014 KL254.A1 JER
Crossword Solutions
From page 7
Cryptic Solutions
Mann’s annotated Insurance Contracts Act, Pyrmont NSW: Lawbook
Co 6th ed 2014 KN290.3.K1.Z14 MAN
Across: 1 Logs; 3 Saw-bills; 9 Frisked; 10 Cubit; 11
Overthrowing; 13 Extent; 15 Joiner; 17 Heartdisease; 20 Baton; 21 Transit; 22 Dressers; 23 Stay.
McGregor on damages, London : Sweet & Maxwell 19th ed 2014
KN37.1.A1 MCG (Closed Reserve)
Down: 1 Left-over; 2 Guide; 4 Adders; 5
Backwoodsman; 6 Lebanon; 7 Site; 8 Skating-rinks;
12 Priestly; 14 Trestle; 16 Editor; 18 Asset; 19 Abed.
Snell’s equity, London : Sweet & Maxwell 33rd ed 2015 KN200.A1 SNE
Wellington Branch Diary March-April
Tuesday 17 March
Family Law Committee
Wednesday 18 March
Wellington Branch Council meeting
Trust Account Administrators, Terrace Conference Centre. NZLS CLE Training
Programme 4 CPD Hours
Trusts for Commercial and Company Lawyers, Royal Society of NZ.
NZLS CLE Seminar. 1-5pm. 3.5 CPD Hours (Webinar 9.30-11.30am 2 CPD Hrs)
Monday 23 March
Time Mastery for Lawyers, NZICA. NZLS CLE Workshop 6 CPD Hours
Tuesday 24 March
Advocacy Ethics: disqualifying conflicts, NZLS CLE Webinar. 11am-noon. 1 CPD Hr
Wednesday 25 March
Legal Assistance Committee
Business Insolvency, NZICA. NZLS CLE Seminar. 1-5pm. 3.5 CPD Hours
(Webinar 9.30-11.30am 2 CPD Hrs)
Thursday 26 March
Immigration Law Committee
Marlborough Branch Council AGM
Friday 27 March
Admissions Ceremony
Women in Law Committee
Monday 30 March
Wills, Estates & Trusts Law Committee
Wednesday 15 April
Wellington Branch Council meeting
Tuesday 21 April
Construction Law, NZLS CLE Webinar. 1 CPD Hour
Wed-Thurs-Fri 22-24 April
Lawyer for the Child, NZLS CLE Workshop. 18.5 CPD Hours
Quick Solutions
At the recent launch of Financial Markets Conduct Regulation: A Practitioner’s Guide
published by LexisNexis were, left to right, Nikhil Ullal (assistant to author Thomas
Gibbons), Victoria Stace, Trish Keeper, Chris Holland and Nathanael Starrenburg.
New financial markets publication
A new book on the Financial
Markets Conduct Regulation
aimed at lawyers was launched
recently at Buddle Findlay.
Financial Markets Conduct
Regulation: A Practitioner’s
Guide is written by Victoria Stace,
Thomas Gibbons, Chris Holland,
Trish Keeper and Nathanael
Starrenburg and published by
LexisNexis.
The book provides guidance
on the legislative scheme implemented by the Financial Markets
Conduct Act 2013, the biggest
change in New Zealand financial
markets law in the last 20 years. It
is designed to provide practitioners with single volume overview
of the topic.
The subjects covered include
derivatives and disclosure, governance, insider trading and
market manipulation, takeover
regulation, accounts, financial
reporting and audit, anti-money
laundering and Countering
Thursday 23 April
Prospering as a Small to Mid-Size Firm in NZ, NZLS CLE Workshop 3.5 CPD Hrs
Influential Presentations, NZLS CLE Workshop 3.5 CPD Hours
MA
DESIGN
m
Answers for puzzles from page 7
Council Brief Advertising
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1
DreaD, AlphA, BlurB, EeriE, CyniC
2
1…Qxf2+ 2 RxQf2+ (if 2 Kh1 then
2…QxRf1#) 2…Re1+ 3 Rf1
RxRf1+ 4 KxRf1 Re1#
[Errata for last issue’s chess
problem: it is black’s turn to move
(not white’s), so transform the
answer by half a turn as follows:
1ÖRh1+ 2 KxRh1 Qh6+ 3 Kg1 Qh2#]
Financing of Terrorism Act 2009,
and
superannuation
and
Kiwisaver schemes.
The book is available through
LexisNexis
Across: 1 Pert; 3 Preserve; 9 Erasers; 10 Trite; 11
Schoolmaster; 13 Raffle; 15 Falter; 17 Discourteous;
20 Ennui; 21 Verbose; 22 Ordinary; 23 Grit.
Down: 1 Pleasure; 2 Reach; 4 Resume; 5
Satisfactory; 6 Raiment; 7 Ewer; 8 Recollection; 12
Prospect; 14 Feigned; 16 Quiver; 18 Odour; 19 Zero.
Deadline April Council Brief
Monday 13 April
Effectiveness of 2011 and 2012 discovery
and case management reforms
JUSTICE Winkelmann, Chief High Court Judge and Justice Asher, Chair of
the Rules Committee have written a report on the effectiveness of the
2011 and 2012 discovery and case management reforms. Their report can
be found at http://www.courtsofnz.govt.nz/front-page/about/system/
rules_committee/new’.
Conferences
April 9-10 2015 – Commonwealth Legal
Education Association Conference (CLEA),
Glasgow. www.clea-web.com
April 12-16 2015 – 19th Commonwealth Law
Confererence, Glasgow. www.clc2015.co.uk
April 28-29 2015 – NZ Building and Construction
Law, Auckland. www.conferenz.co.nz
April 30 2015 – The Maritime Law Association
of Australia and NZ Conference, Taupo.
www.mlaanz.org
May 8 2015 – IT & Online Law Conference,
Wellington. www.lawyerseducation.co.nz
May 14-15 2015 – 13th Annual Immigration Law Conference, Auckland.
www.cchlearning.co.nz
May 21-22 2015 – CLANZ Conference, Mahi
Tahi: Working Together, Bay of Islands.
www.clanzconference.org.nz
June 10-11 2015 – Mastering Due Diligence,
Auckland. www.conferenz.co.nz
June 17-18 2015 – Financial Markets Law,
Auckland. www.conferenz.co.nz
June 25-26 2015 – Trusts Conference,
Wellington. www.lawyerseducation.co.nz
June 25-28 2015 – Australasian Association of
Bioethics and Health Law Conference,
Wellington. www.events4you.co.nz
July 13-14 2015 – Youth Advocates and Lay
Advocates
Conference,
Auckland.
www.lawyerseducation.co.nz
July 23 2015 – AMINZ Conference 2015,
Wellington. www.aminz.org.nz
July 23-24 2015 – Competition Matters 2015;
Competition & Regulation Conference,
Te Papa. Commerce Commission.
www.comcom.govt.nz
August 17-18 2015 – Legal Executives
Conference, InterContinental Hotel,
Wellington. www.nzile.org.nz
September 3-4 2015 – Aotearoa Conference
on Therapeutic Jurisrudence, University of
Auckland. http://tjaotearoa.org.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
News
COUNCIL BRIEF, MARCH 2015
Mooting competition opportunity
for young women lawyers
By Jennifer Howes
Women in Law Committee
MANY young lawyers get little
opportunity to appear in Court,
let alone appear as lead counsel.
However, in my first year as a
fully qualified solicitor, I had
the pleasure and honour of
appearing as lead counsel in
front of two Supreme Court
Judges. I feel extremely lucky to
have engaged in legal banter
with two of the country’s most
esteemed legal minds, and would
have never imagined that I would
have the opportunity, or the
confidence, to do so at such an
early stage of my career.
Walk into any New Zealand
courtroom on any given day, and
more likely than not lead counsel
on either side will be a senior
practitioner, at least 40 years old,
with a young lawyer sitting beside them taking notes and
searching through the case bundle. It is also more likely than
not, that the lead counsel on
either side will be male.
So how did I have the opportunity to appear as lead counsel as
a young female lawyer in my first
year of practice? I will admit that
I did not appear as counsel for a
real client, or in a real case. This
opportunity presented itself
through the Young Lawyers’
Committee annual mooting
competition, an initiative generously sponsored by the Law
Foundation. This competition is
open to young lawyers with less
than five years PQE and provides
a unique opportunity for them to
develop their litigation skills in a
supportive environment. They
say that “practice makes perfect”, and this competition provides a distinct opportunity for
young lawyers to develop their
litigation skills and work towards
perfection.
My colleague, Anna Whaley,
and I were the first female team
to make it through to the final
moot. We were outnumbered
from the start, with our competition comprising of mostly young
In 2014 Jennifer Howes, second from right, and Anna Whaley, far left, were the first
female team to make it through to the final moot of the Young Lawyers’ Committee
annual mooting competition. Also pictured are Hon Justice Dame Susan Glazebrook and
Hon Justice Sir William Young, and the winning team of Andrew Pullar and Andy Luck.
Registrations for the 2015 competition open soon.
male lawyers, or teams consisting of a male lead counsel and
female junior counsel. We survived the preliminary round,
made it through to the semifinals, and scraped into the final
moot. At each stage, we continued to ask ourselves “Why did we
do this again?” as the experience
was overwhelming, frightening
and stressful. However, each
time we stood up in our black
robes and addressed the court,
that overwhelming and stressed
feeling began to disappear as we
felt more at home in the courtroom. In the finals, we had the
incredible opportunity to appear
in front of and make oral submissions to the Hon Justice Dame
Susan Glazebrook and the Hon
Justice Sir William Young, both of
the Supreme Court.
While we were ultimately unsuccessful and lost to two young
(male) lawyers, it was a valuable
experience. Within 15 seconds of
my oral submissions, the entire
premise of our case was challenged by Hon Justice Sir William
Young. In that moment I learned
that knowing your case is everything, as I spent the majority of
my allocated 20 minutes answering questions and testing theories, rather than reading from my
written submissions in front of
me. Anna and I learned to focus
on key issues and concede points
when they are weak. We were
fortunate to gain valuable insight
and have tremendous support
from Rachael Dewar, our mentor
through the finals.
While many young lawyers
may not be interested in litigation or consider that this competition will translate into real work
benefits, the mooting competition is a great opportunity for
young lawyers to practise their
litigation skills, learn from experience and increase their confidence in public speaking. It is a
great opportunity for young
women lawyers in particular to
practise these skills, as many
young women lawyers I know do
not get the opportunity to appear
in court, or do not feel that they
have the confidence or ability to
do so.
This year’s mooting competition will take place in April-May
with registrations opening soon.
Additionally, for women practitioners of all levels, the Wellington Women in Law Committee
will be running advocacy workshops later this year. These
workshops will provide women
with practical experience in a
supportive environment, and I
look forward to attending them.
President’s Column
Law Society National Law
Reform Members
Wellington Branch Council
members met with the NZ Law Society’s National Law Reform Wellington members at the conclusion of
our February Council meeting. This
was an opportunity to acknowledge
the work of the NZLS Committees
An update to the legal
profession from the Chief
High Court Judge
A review of the changes to discovery and case management rules
which came into effect in 2012 and 2013 suggests increasing cooperation between counsel and a reduction in the number of case
management events in the court (churn) have occurred. These are
pleasing results. A summary of the findings can be found on the Rules
Committee page on the Courts of NZ website at http://
www.courtsofnz.govt.nz/front-page/about/system/
rules_committee/new
From front page
The event would not have been
possible without the superb organisation by Council member Julia
White, and the support of Buddle
Findlay, including its team of Hariata Goldsmith, Christophe, and Jason Hawkins their chef. It was a
wonderfully convivial evening, with
amazing views over Wellington.
3
and for members to get together
and catch up on what is being done
at national and branch levels. We
discussed the work of the various
committees, their timeframes and
processes in an informative, interesting and very valuable meeting.
Preserving our oral history
We have received great feedback
from members on our February
Council Brief, particularly the indepth article on long-standing
member Bill Sheat.
Bill has made an immense contribution to the profession and to
the community, especially in the
cultural sector. Interviews with Bill,
and in this issue, Melton Prosser,
are part of another Wellington
Branch initiative led by Rachael Dewar and Cathy Rodgers on Preserving our History.
In the past, the former Wellington District Law Society used to
commission oral histories of senior
members of our profession, usually
one a year. We have explored costeffective ways to continue to document our history, and have
commenced including interviews in
Council Brief by our editor Chris
Ryan. Rachael Dewar is on the lookout for members of our profession
to interview – suggestions for interviewees are very welcome; please
contact Rachael Dewar or Chris
Ryan.
Workload
In addition to the court’s usual workload in crime, last year there
were several very lengthy criminal trials including the 20 week long
South Canterbury Finance fraud trial and two drugs trials in Auckland of 12 and 18 weeks respectively.
Last year the criminal jurisdiction, category 4 (murder/manslaughter) criminal cases were able to be given a trial date generally
within 12 months of first appearance. Protocol cases which have
been directed to be heard in the High Court do not have such prompt
dates due in part at least to teething problems with the process.
In the civil jurisdiction, the GFC-initiated bubble in new filings has
receded and time to trial continues to trend downward. Other changes likely to have had an effect on timeliness are the changes to case
management rules and setting down practices.
In the criminal jurisdiction, despite a drop in the number of criminal cases on hand, the estimated days to hear those cases has remained reasonably steady for the last four years as shown below (the
recent rise is due to a number of particularly long trials scheduled for
Wellington this year).
Reform
The Judicature Modernisation Bill had its second reading on 18
February.
The Rules Committee is to consult with the profession on a set of
rules for access to court records. These rules are designed to be easier
to follow and to provide a clearer framework as to how such applications will be decided. The revision also combine rules for access to
both civil and criminal records.
The Court of Trial Protocol (which lists the classes of offence for
which a High Court decision is required as to the court in which the
defendant will be tried) has been reviewed and replaced with a new
version that applies to offences committed on or after 1 February
2015. Offences from the Financial Markets Conduct Act 2013 have
been included along with clarifications to the criteria for sexual violation of a complainant under 16 and aggravated robbery. From now
on there will be an annual review of the Protocol to take into account
any new legislation.
Admission ceremonies
The Court has clarified its approach to admission ceremonies in
smaller provincial centres. The Court recognises the desirability of
admitting candidates to the Bar in their local community. However
admission ceremonies, like all business of the Court, depend on the
availability of a judge. The practice in larger centres is to programme
time for admission ceremonies but it is difficult to anticipate whether
and when any applications might be heard in smaller centres.
Where a candidate wishes to be admitted in a small registry, the
admission ceremony will be arranged when a judge is scheduled to
sit there as part of normal circuit duties. Candidates should be aware
however that if other proceedings set down for hearing on that day in
that location do not proceed, the ceremony may be rescheduled to a
later date and that this may occur at short notice. We will make every
effort to ensure this does not occur.
Contact with the profession
Last year, I met with practitioners in Tauranga, Hamilton and
Dunedin. This year I hope to visit other provincial centres. Regular
meetings with representatives of the profession in Auckland, Wellington and Christchurch will continue.
Judicial matters
Three judges have retired in recent months: Justice Panckhurst,
Associate Judge Abbott and Justice Ronald Young. Justice Goddard
will retire from 7 April to chair the British Independent Panel Inquiry
into Child Abuse. Justice Muir was sworn in in November and Justice
Hinton in January. Both judges are based in Auckland. Justice Nation, who will sit in Christchurch, was sworn in on 20 February. Two
judges have changed common rooms. Justice Brown is now based in
Wellington and Justice Whata is based in Auckland.
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Tour de France
COUNCIL BRIEF, MARCH 2015
Chrisine Grice, Lisa Bazalo and David Moriss.
Jean-Christophe Poizat of Maison Vauson was a witty and charming host –
with Lisa Bazalo and Julia White.
Tour de France for the
Benevolent Fund
Jean-Christophe Poizat has been part of the world of French
gastronomy and wine for many years as was his family before him.
He now runs Maison Vauron in Newmarket, Auckland, and imports Wayne Chapman, looking suitably Parisian, thanked
those involved in organising and supporting ‘Tour de
and distributes a range of wine and other French products.
In his unique mode of expression, Jean-Christophe describes New
Zealand wines as ‘fruit bombs’, ‘cuddly teddy bears’, easy access
wines that ‘jump into your lap’. In contrast, French wines play hard
to get – you have to work harder to get to the essence of French wines.
Hon Justice Wild and Julia White. Michael Burrowes and Steph Dyhrberg.
France’ – Julia White, Nerissa Barber and the
Council and Catherine Harris, and explained that
the Solicitors’ Benevolent Fund would benefit from
the evening. Wayne is a trustee of the Fund and
pointed out the need for more donations. See below
right for ways you can donate to this worthy cause.
Marie
Chapman
and
Richard
Fowler QC
Mary jeffcoat, Nerissa Barber and Nigel Hughes.
Wayne Chapman, Cathy Rodgers and Paul Rayner.
The Solicitors’ Benevolent
Fund – ways to donate
Donations to the Solicitors Benevolent Fund 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: 02-0506-0101108-097
Jean-Christophe Poizat – ‘teddy bear wines’ that
jump into your lap.
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.
Mary Ollivier and Greg Kelly.
Some comments on ‘Tour de France’
Well done to everyone involved in the ‘Tour de France’ fundraiser.
It was a brilliant event – well worth the ticket price. The food and
wines were excellent, and Jean Christophe was charming,
informative and hilarious. The comparison of New Zealand wines
to a cuddly teddy bear will forever stay in my mind.
I think it was far better than other degustation menus with fancy
wines and dishy sommeliers to talk you through it, which were
$200 a head. Our office is saying let’s make it an annual event: once
people hear how fantastic it was, they will come along in droves.
Steph Dyhrberg
Last night was wonderful.
The wine and food was totally superb, and everyone thoroughly
enjoyed it.
Nerissa Barber
Just wanted to say it was a really great evening at the Tour de
France. I think everyone there really enjoyed it. We sampled seven
wines, each from a different region of France, and received a very
interesting commentary on each wine and the region it came from
as that wine arrived. Each wine was accompanied by one or more
platters for each table. The food was outstanding. It was distinctly
French (and included some great cheeses), was carefully chosen to
accompany the wine, and was beautifully prepared and presented.
I hope there will be another ‘Tour de France’ next year. It was very
special and I would certainly go again.
Mary Jeffcoat
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.
Update on Criminal Rules Sub-Committee
THE Criminal Rules Sub Committee was formed to
assist the Rules Committee following the enactment
of the Criminal Procedure Act 2011. The current
membership is:
Hon Justice Winkelmann (Chief High Court Judge)
Hon Justice Simon France (Chair)
His Honour Judge B Davidson
Mr D Jones QC
Ms Charlotte Brook
Mr Mark Harborrow
Ms Lynn Hughes
Ms Megan Anderson (Ministry of Justice)
The primary focus now is to monitor how the
Criminal Procedure Rules 2011 are working. If there
are aspects of the Rules that you consider could be
improved – either in their content or implementation
– please raise it with a Committee member, or one of
the professional bodies.
One change that is being considered concerns the
filing of formal statements. The present requirement
is that they be filed 25 working days before the trial
call over (r 5.5(1)). This timeframe seems to be the
subject of routine extension. It is undesirable in
principle to have a situation such as that, and of
course it means that on each occasion there needs to
be an application. A proposal to alter the date to 15
working days, thereby aligning it with the Crown
memorandum, is presently being consulted on. Replies to date are supportive of the change.
An example of monitoring implementation is the
case management memorandum (CMM). Acting on
feedback, and following consultation, members of
the Committee, together with the Ministry, have developed a new version. It is currently being tested in
Christchurch. The early response is positive, and it is
hoped that a wider implementation will soon occur.
The Committee is also reviewing existing Practice
Notes. The aim is to convert as many as possible to
Rules, so as to reduce the number of rule sources to
which practitioners must go. Many Practice Notes
are in fact obsolete and will be discontinued. It is
hoped in the near future to incorporate the Sentencing Practice Note into the Rules, after which decisions
will be made on the remainder.
Simon France High Court, Wellington (Chair, Criminal
Practice Rules Sub Committee
Our History
COUNCIL BRIEF, MARCH 2015
5
Melton Prosser – ‘I loved every minute of it’
M
elton Prosser is one
of those dedicated
lawyers who just
seem to keep on keeping on, still
serving clients who have often
been with him for decades.
Melton, now “eighty three and
a half”, was admitted as a barrister and solicitor on 9 May 1958.
His work in the law began several
years earlier in 1949 when he
joined the firm of E.A.R. Jones
and Vickerman as a law clerk
straight out of college.
Melton spent the next nine
years working hard, learning the
basics of conveyancing, company law, taxation and estate planning, much of the time under the
eye of Brian Vickerman, a partner in the firm who was always
helpful and accommodating
Melton says.
As was the practice of the
time, Melton regularly climbed
the hill to the Victoria University
campus studying law part-time.
When he finished his degree in
1958 he was made a partner in
the firm.
In the meantime, he had been
given the responsibility of opening a branch office in 1952 in
Wainuiomata, which at the time
was beginning a period of rapid
development as an area of affordable housing to accommodate some of the many young
families resulting from the postwar baby boom. Melton drove
over the hill to the new suburb
once a week and brought back
dozens of files, a practice he was
to continue for 30 years or more.
‘Nappy Valley’
“It was a huge development at
the time. Most of the properties
were bought through low rate
State Advances Corporation
loans, the government’s capitalized family benefit scheme and
deferred payment licences for
sections. I probably did at least
eighty percent of the subdivision
work over there. Back in town
some of my lawyer friends were a
bit snooty about me working in
‘Nappy Valley’ but they didn’t realize that I was bursting with
work as well as acting for Wainuiomata’s three millionaires –
they had no idea. I was so busy – I
regularly took 80 or 90 phone
calls per day from clients building or buying over there.
“Of course, everything was
different – the property contract
was just one page, we had no
builders’ reports, no council
consents. LIM reports had not
yet been invented! But you know,
there were no problems with
leaky homes either. I had a great
time over there. I wouldn’t have
missed it for anything – the experience was invaluable.”
Melton left Jones and Vickerman in 1982 and joined Castle
Pope which became Castle Pope
Prosser and Lynn and where he
Melton Prosser.
continued his commercial and
general practice. The partnership ended in 1990 and Melton
joined the then firm of Morrison
Morpeth as a consultant. He
went out on his own as a sole
practitioner in 1992 and has
been happily working from his
Wilton home since then.
Brugger Industries
Amidst this relatively conventional career Melton Prosser did
something rather unusual.
While he was in Wainuiomata he
met a German engineer named
Frank Brugger, a clever and enterprising man who had emigrated to New Zealand in the late
1940s or early 1950s. Melton hit
it off with Frank and they became close associates, to the extent that Melton became part
owner of the Brugger Industries
company in Wainiomata and
acted as export manager for the
firm for many years, travelling
the world on its behalf.
I have been a lawyer
for nearly 60 years
and I’ve made every
mistake in the book –
but fortunately I’ve
only made them once!
“Brugger was a great engineer
and a lovely man. He flew with
the Luftwaffe during the war and
went to Switzerland after it
where he worked as a milkman.
We used to laugh at board meetings and say ‘here comes the
Swiss milkman!’”
The decades of the 1950s and
1960s were the heyday of local
manufacturing in New Zealand
including the car assembly industry with companies such as
General Motors in Petone, Ford
at Seaview and Todd Motors in
Porirua producing many models
of popular cars. Brugger took advantage of this and manufactured
a range of auto components such
as car seats, door panels and reclining mechanisms. The company was also the first
manufacturer of the Pyroclastic
wood stove.
Imports at the time were subject to strict licensing. Early on in
their acquaintance Frank Brugger had had great difficulty with a
big shipment of steel from Germany. “I had had a lot to do with
the Department of Trade and Industry, learning as I went along –
it was a very complex area. Anyway, I was able to negotiate successfully on Frank’s behalf and
from then on I could do no
wrong!”
Melton joined the board of
Brugger industries in 1952 and remained a part owner for 34 years
until the company was sold in
1986. The firm was 24.9 percent
owned by an Australian company
based in Melbourne and Melton,
as liaison director, visited that city
many times. “Apart from the
work, my wife and I had the good
fortune to see Kiwi’s devastating
run up the home stretch to win
the Melbourne Cup in 1983 and I
went to many champagne breakfasts at the Grand Final of Australian Rules football at the
Melbourne Cricket Ground – the
first time I went there were
103,000 people there.”
World traveller
During his time with Brugger
Industries Melton visited many
parts of the world including Japan, Australia, America, Italy,
Singapore, UK, Samoa and Switzerland. “I must have gone to
every motor company in Japan,
New Zealand and Australia – including General Motors, Ford
and Toyota. I learned Japanese
and can still speak a bit and we
still have Japanese friends. It was
great fun and very stimulating.
“Frank started in Petone but
needed a bigger factory. I was in
Wainuiomata so I said ‘come over
here – we’ve got the space and
there’s plenty of labour’. I did all
the work getting the engineers together and getting the building
going – it was a big factory. I was
over there recently and tried to go
in to have a look at the old place
but I just couldn’t do it, the emotion was so high – too many
ghosts, too many memories.”
Melton was still practising as a
lawyer during this time and says
he worked most nights and weekends. “My partner Brian Vickerman was a lovely man, very
helpful, and he carried the can
when I was away. It was usually
only for a day or two though once
we were stranded in Osaka for
two weeks when the airport crash
firemen went on strike.”
Brugger Industries also established a small factory in Western
Samoa in the 1980s making
mufflers for cars as part of the
government’s Pacific Islands
Development scheme (PIDS).
“I was up there three or four
times a year staying at the Tusitala Hotel. I was made a honorary
matai with the name Lauli – The
Orator.
Experience [at Brugger
Industries] helped me
understand people and
commercial situations,
and develop a broader
view of the world outside
the ‘legal bubble’
“I loved it all, every minute of
it. It was such an exciting time. I
think the Brugger Industries experience helped me as a lawyer
to understand people and commercial situations, and to develop a broader view of the world
outside the ‘legal bubble’.”
Melton is now looking towards
retirement which he says can be
a problem for sole practitioners.
“Sometimes people, especially
lawyers, ask me what I am doing
working at 83. The thing is, I have
acted for maybe hundreds of
people over the years and many
have become close friends – how
can I tell them to go to another
solicitor? Even when I say that
they mostly plead with me to stay
on.
“But things have changed.
One of the reasons I want to retire is because of the electronic
age – I can’t keep up with people
who have forgotten to use the
phone. If I go out to a meeting for
an hour or so I get back to 25 or
30 emails each demanding an
answer, often for a complicated
legal problem or decision. I have
received emails after midnight
on a Sunday demanding an answer! I wonder at the speed with
which we have to carry out our
practice these days whether it is
detracting from the considered
advice we offer to clients.
Responsibilities of a lawyer
“There’s another thing. When I
was young lawyers were highly esteemed and respected but nowadays it’s the opposite. The
attitude of the general public is
they think we charge too much
they don’t see the worry and
stress behind the scenes, they
don’t understand we are handling
their life time earnings and what a
heavy responsibility that is.”
Melton Prosser is one of the
oldest lawyers practising in Wellington. “I have a number of lawyers who ring me for advice and
I’m very flattered by that. It’s not
that I am a brilliant lawyer – I
know I’m not. There’s nothing
remarkable in it – I’m very ordinary. I have been a lawyer for
nearly 60 years and I’ve made
every mistake in the book – but
fortunately I’ve only made them
once!”
A picture painted of Melton at the top of the Tokyo Tower in the 1970s. “Going up
in the lift you couldn’t turn around because of the crowd. You ‘front in’ and back
out. A foreigner having a picture painted was a novelty then and as I was sitting a
huge crowd gathered. When the artist finished everyone clapped like mad. Great
excitement! I felt like a king. Never had so much attention before or since!”
6
VUW Law Faculty
COUNCIL BRIEF, MARCH 2015
Pressure to justify the utility of legal education
By Professor Tony Smith,
Dean of Victoria University’s Law School
From the
Dean of Law
M
y time as Dean of the VUW
Faculty is drawing rapidly
to a close. I step down on 11 May
and hand over to my successor,
Dr Mark Hickford (of Auckland
University and Oxford – you may
detect a mildly disapproving
sub-text here), on that date.
There will be at least one more
Council Brief before I go, so I
shall save reflections on my past
eight and a half years in the role
for a later occasion. A number of
people whom I have encountered on the streets recently have
asked when I am due to leave
Wellington, apparently assuming that my departure is due any
day now, so just to clarify. I do
not start as the Arthur Goodhart
Professor in Cambridge until the
beginning of October 2015.
At the moment, I know that I
have to give a conference paper
in Europe (well, in Istanbul) at
the end of May, but I shall certainly be returning to Wellington
for an (as yet undetermined) period before heading back to
Cambridge. If that does not
make my intentions entirely
clear, I can at least say that you
now know as much as I do.
The ‘value’ of law
Before I leave in mid-May,
there is still a good deal of work to
be done. As the students return
for the start of the new academic
year, adrenalin levels surging,
some of my colleagues and I are
trying to concoct a Faculty Annual Plan, for this year and the next.
This plan is required to be broadly in accord with the recently
enunciated University Strategic
Plan. In a climate where universities are now micromanaged by
governments whose main eye is
to the contribution that universities should be making to the economic growth and development
of New Zealand, and who believe
that this can be accomplished almost entirely through the promotion of the so-called STEM
subjects (Science, Technology,
Engineering and Mathematics)
and Commerce, this is a struggle.
It is not entirely easy to explain in
a short compass where we lawyers fit in to the overall picture.
My colleagues in the Art, Humanities and Social Sciences are
similarly embattled. It is not that
we cannot make a case for the
importance of what we do – it is
that we are expected to articulate
what is simply assumed in the
case of the STEM subjects
(science is wonderful), and to a
sceptical if not hostile audience.
This sort of work has kept me
from engaging as fully as I would
have wanted in the discussion of
the legal developments of the day
(at least publicly). I am conscious, for example, that there is
a Bill before Parliament repealing
the Judicature Act 1908, potentially making quite significant
changes to the position of the judiciary.
The Supreme Court
Recently, I wrote a paper for
an Auckland Conference to mark
the tenth year of the operation of
the Supreme Court, and in the
course of that looked at the history of the Supreme Court Act 2003
(helped considerably by a paper
written for the same Conference
by Margaret Wilson, who was the
Attorney-General when the
changes were made). A recent
newspaper article by visiting
New Zealand Public Law scholar
Richard Cornes warned that several of the commitments that
were contained in the 2003 legislation (for example the position
of the Treaty of Waitangi, and in
s.3(2) of the Act to “New Zealand’s continuing commitment
to the rule of law and the sovereignty of Parliament”) are not being carried through to the new
Bill. Why is that, I wonder? I hope
that in the near future, I will be
in a position to do more than
wonder.
Life and times of Lord Cooke
One of the several research
and writing projects to which I
hope to be able to turn my attention in the next few years is an
examination of the life and times
of Lord Cooke as he and his colleagues fostered and developed a
jurisprudence of and for New
Zealand. He and I spoke briefly
about this in London in 2004, as I
remember in the streets as we
were going to a reception at New
Zealand House in the Haymarket
to celebrate the establishment of
the New Zealand Supreme Court.
I asked him whether he was writing his own memoirs, to which
the answer was in the negative. I
then asked him whether anybody
was writing a biography of him,
to which the answer was that his
life would not warrant a biography. At the time, I demurred, but
on reflection believe that his assessment was rather a shrewd
one. Some time later, I wrote to
him saying that if I had the time, I
should like to write an appreciation that would not strictly be a
biography, but the examination
of an important legal life at the
centre of New Zealand’s developing independent legal and
constitutional identity. His
prompt response was a letter
saying that the sort of book that I
had in mind would have “much
more attraction for me”.
Fortified by that affirmation, I
have been fitfully, magpie-like,
collecting snippets of material
that might help me to weave a
fabric of the kind contemplated.
Last week, I was at Waikato University, and relayed the gist of
what I have said above to an old
acquaintance. Yes, he said, he
thought that he might have some
material that might assist, and
sure enough, he did. Correspondence between Robin and
Lord Denning, following the
death of Lady Denning, showing
the very human sides of both of
these most eminent legal correspondents.
Any Lord Cooke recollections?
What I wonder is whether,
through the good offices of this
column, I might ask that others
who have recollections of Robin
Cooke might be willing to share
them with me. Correspondence
and written material would be
most appreciated, but oral accounts of memories and reflections too of encounters with
Robin. I can be reached at the
Law Faculty, or at
[email protected]
Community Law Wellington & Hutt Valley Restorative Justice
By Everard Halbert
RESTORATIVE justice is a process
that is becoming more common in
a
number
of
overseas
jurisdictions. Howard Zehr, an
American professor of restorative
justice (RJ), describes the process
as one “to involve, to the extent
possible, those who have a stake in
a specific offence and to
collectively identify and address
harms, needs and obligations, in
order to put things as right as
possible.”1 This article outlines the
RJ service provided by Community
Law Wellington and Hutt Valley
(CLWHV) and recent legislative
changes.
CLWHV has been providing RJ
services in the Wellington region
since October 2013. The vision of
CLWHV is that those with the least
have the same or better access to
justice as those with the most.2 Our
purpose as an organisation is to
provide comprehensive solutions
that empower individuals,
whanau
and the community as a
whole.3 This vision and purpose
provides good grounding for
CLWHV to provide RJ services to
the Wellington, Hutt and Porirua
district courts.
In December 2014, victim- focused legislative changes to RJ
came into effect. The Sentencing
Act 2002 was amended to formal-
ise the process for pre-sentence
court referrals to RJ. These changes sought to increase access to RJ
for those in the community – both
offenders and victims. Under section 24(a), courts must adjourn
cases for restorative justice where:
1. an offender appears before a
District Court at any time before sentencing; and
2. the offender has pleaded guilty
to the offence; and
3. there are one or more victims
of the offence; and
4. no restorative justice process
has previously occurred in relation to the offending; and
5. the Registrar has informed the
court that an appropriate restorative justice process can be
accessed.
The court must adjourn the
proceedings to:
1. enable a suitable person to
make inquiries about whether
restorative justice is appropriate in the circumstances of the
case, taking into account the
wishes of the victims; and
2. enable a restorative justice process to occur if it is appropriate.
Under this legislation, a judge
refers eligible cases to the CLWHV
RJ coordinators who sit in each
court.
Typically, our coordinators
make an initial assessment in
court and then allocate the referral
to two RJ facilitators. Those facilitators progress the referral to an RJ
conference if it is appropriate.
When a court coordinator or facilitator looks at a referral, they
consider restorative justice principles, which are expressed by the
Ministry of Justice as:4
• Voluntary – Restorative justice
is totally voluntary. Even when
the court directs RJ, both offenders and victims can choose
not to take part at any point in
the process.
• Full participation – Full participation of the victim and offender should be encouraged.
• Informed participants – effective participation requires that
participants, particularly the
victim and offender, are well
informed.
• Offender Accountability – The
RJ process must hold the offender accountable.
• Flexibility and Responsiveness – The process can be designed to best meet the needs
of the participants, for instance
taking into account time,
place, who is involved and cultural elements.
• Safety – Emotional and physical safety of participants is an
over-riding concern.
Effective Process – High quality facilitators deliver RJ services, and the RJ process is
evaluated and reviewed adequately.
• Case Appropriateness – Cases
are screened based on various
factors to identify those most
appropriate for RJ.
Another legislative change in
December was to the Victims’
Rights Act 2002. If a victim requests a meeting with an offender,
•
section 9 requires that court staff, a
police employee or a probation
officer must – if the necessary resources are available – refer the request to someone suitable who
can arrange and facilitate a restorative justice meeting.
A key to implementing these
legislative changes is good communication between all parties.
This includes the Ministry of Justice, court staff and the judiciary,
the police, victim support services
Continued on page 7
[email protected]
Community Law
7
COUNCIL BRIEF, MARCH 2015
From previous page
Community Law Wellington & Hutt Valley restorative Justice
and other support organisations,
and offence victims, offenders and
their whanau
(family) or support
people. CLWHV encourages counsel to approach RJ court coordinators in court to talk about RJ
appropriateness, before the question arises in front of the judge. An
RJ indication can then be given to
the judge, without needing a stand
down.
Restorative justice is a voluntary process. Where a victim or offender indicate that they do not
want to participate, any RJ process
will stop. New Zealand research
has shown that most victims who
participate in RJ find it valuable:
74% of victims of crime who engaged in RJ conferences said they
“felt better” after the process and
80% said they would recommend
RJ to others in similar situations.5
Research has also shown that of-
fenders who participated in a restorative justice conference committed 23% fewer offences than
comparable offenders over the following 12-month period.6
A common question about RJ is
about its value for the offender and
for the victim. The process does
have value for the offender, as it
gives them the opportunity to
‘front up’ to the people they have
harmed to directly address that
harm, and to deal with any needs
or obligations, in order to put
things as right as possible. The
process also has value for victims,
as it gives them a greater voice and
an active role in the justice process. RJ gives victims an opportunity to be acknowledged, to ask
questions and to hear the offender
taking responsibility.
The new legislative changes
were enacted to extend RJ services
to those who may not have been
offered the opportunity in the
past, particularly victims of crime.
CLWHV is pleased to be able to
support this positive objective in
the Wellington region.
Footnotes
1
Howard Zehr The Little Book of
Restorative Justice (Intercourse,
PA, 2002), p37.
Community Law Wellington and
Hutt Valley Strategic Plan 2013 –
2018.
Ibid.
Ministry of Justice Restorative
Justice Best Practice in New Zealand (Ministry of Justice, Wellington, 2011), p12.
Ministry of Justice “Reoffending
analysis for restorative justice
cases 2008–2011” (April 2014)
Ministry of Justice http://
www.justice.govt.nz/publications, p1.
Ibid.
2
3
4
5
6
EXPERIENCED FAMILY COURT LAWYER
We are a specialist litigation firm.
We are involved in all types of Court work, including
civil/commercial litigation, family and criminal cases.
We have a position for an intermediate/senior lawyer,
experienced in family law work generally, but in particular
Care of Children and Domestic Violence cases.
Please forward a letter of application together with a CV by
2 April 2015.
Managing Partner
Thomas Dewar Sziranyi Letts
PO Box 31-240, Lower Hutt
Email: [email protected]
Phone: (04) 570 0442 Fax: (04) 569 4260
www.tdsl.co.nz
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 2.
Chaplain, Julia Coleman, 027 285 9115
Cryptic Clues
ACROSS
DOWN
1.
3.
1.
2.
4.
9.
10.
11.
13.
15.
17.
20.
21.
22.
23.
They provide fuel records (4)
Observed the beaks - they’re
mergansers (3-5)
Behaved playfully - subjected to a search
(7)
Measure a young animal by it (5)
Making the pitch too big - but inflicting
defeat (12)
The area of what was once temporary
accommodaton (6)
A woodworker who becomes a member
(6)
The affliction of one who experiences
irregular beatings (5-7)
Stick to prohibition outside (5)
Opposite directions included in
characteristic conveyance (7)
They put on other people’s clothes! (8)
Permanent settlers have come to this (4)
5.
6.
7.
8.
12.
14.
16.
18.
19.
Quick Clues
Surplus remained on top (4-4)
The conductor is caricatured, we hear (5)
They figure out the total number of
poisonous creatures (6)
Presumably he’s not in the front rank of
foresters (12)
Noble arrangement about an Eastern
country (7)
Position from which to take aim, one hears
(4)
Figures are cut on them by blades a foot
long (7-5)
Describing the cleric who is unusually
spritely (8)
Upholder of the board (7)
Pressman tried to change nothing inside (6)
Promotes sales - item of property put back
inside (5)
The position of one who has retired (4)
ACROSS
DOWN
1.
3.
9.
10.
11.
13.
15.
17.
20.
21.
22.
23.
1.
2.
4.
5.
6.
7.
8.
12.
14.
16.
18.
19.
Saucy (4)
Jam (8)
Rubbers (7)
Hackneyed (5)
Teacher (12)
Lottery (6)
Hesitate (6)
Impolite (12)
Boredom (5)
Wordy (7)
Commonplace (8)
Pluck (4)
Delight (8)
Extend (5)
Recommence (6)
Adequate (12)
Apparel (7)
Pitcher (4)
Memory (12)
Outlook (8)
Simulated (7)
Tremble (6)
Smell (5)
Nil (4)
THE WIZARD OF ID
Sue’s Kitchen Secrets
Beetroot Cake
A great favourite with the Law Society. People never guess what’s in it!
Ingredients
2 x 400g tins beetroot – rinse, drain then
process in food proessor or blender
2 cups flour
2 cups sugar
4 eggs
2 teaspoons vanilla
2 teaspoons baking soda
1 cups vegetable oil (canola or sunflower)
cup cocoa
cup choc bits (or more)
pinch salt
1
Icing – not included in ingredients
Can be iced using a couple of tablespoons of butter or
margarine in water and mixing in enough icing sugar sifted
with cocoa to give a thick but pouring consistency.
Note
It makes a big cake so if you divide it into two smaller cakes be sure to watch the cooking time.
2
DESIG N
m
Each of the five-letter words listed below is missing its first and last
letter. While none of the words begins with the same letter, each word
begins and ends with the same letter. Find the missing letters.
__ REA __ __LPH__
Method
Sieve together dry ingredients
Mix sugar oil and eggs )
Add alternatively to dry ingredients
with as little mixing as possible.
Mix beetroot and vanilla)
Bake at 180ºc for 45minutes (timing varies depending on tin)
– test by putting knife in middle – if it comes out clean then it
is done.
MA
__LUR__
__ERI__
__YNI__
Law graduate
CV scheme
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
It is black’s turn to move. <$
What should black do?
;
$ appropriate graduates.
The work offered need not be
:$ permanent.
Any work in a law
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© Mark Gobbi 2015
8
Notices
COUNCIL BRIEF, MARCH 2015
WILL
FOR SALE
ENQUIRIES
Office Floor suitable for a Legal Practice
FOR URGENT ACTION
Top floor of a 95% earthquake rated 2006 fully renovated
CBD building. Suitable for a two or three partner firm with
scope for subletting up to three offices. Unit title.
BEO $975,000.
Please contact the solicitors
concerned if you are holding a will
for any of the following:
Telephone: 04 498 4932 or 04 494 1596
Magnificent day for
2015 Last Resort golf
THE annual Last Resort Golf
Tournament was played
recently at the Masterton Golf
Club in warm conditions with
firm breeze in the second
nine.
The organisers are very
grateful to the tournament
sponsors: Fairmont Wines
and ANZ Bank.
Full Results – stableford
1.
Richard Allen 43
2.
Nigel Stirling 40
3.
Dan Parker 36
4.
Brett Gould 34
Overall winner and recipient of the
Halsbury Shield, Richard Allen.
Nearest pin – Nigel Stirling
Longest Drive – Nigel Stirling
8 th Hole Shootout – Mike
Gould
Don Breaden, John Waddington, Richard Allen and Fintan Devine.
Panamas a fashion accessory.
Richard Fletcher.
‘Hats are back’ –
how about a Panama?
LOCAL lawyer and man about
town Richard Fletcher is an
aficionado of hats. You may have
seen him wearing his Akubra
Aussie bush hat; he also owns
several berets, a Barbour, a
Chinese mandarin hat, straw
models of various kinds – and one
treasured, genuine Panama hat
given to him by his father-in-law.
It is the Panama that has
caught Richard’s imagination. He
and his wife are interested in fashion and see the Panama hat as a
stylish accessory, ideal for summer but useful on cooler days as
well. “It’s an article of designer
clothing that is affordable and
fun,” he says.
Despite the name, genuine
Panama hats are hand-woven in
Ecuador. The name originates
from the time when Ecuadorian
goods were shipped out through
Panama. Many so-called Panama
hats sold in New Zealand and
elsewhere are sometimes poor
imitations of the genuine article
and this has prompted Richard to
import the real thing for sale here.
“Ours are genuine Panama
hats made in Ecuador by the renowned firm of Ecua-Andino.
They are all handmade in Ecuador of the toquilla palm, not
straw. They are very easy and
comfortable to wear and unlike
many sold here they have a cotton
rather than a leather band around
the inside that makes them softer
on the head so that it ‘breathes’.
You have to ‘wear them in’ and
they can be reshaped over a pot of
very hot water.”
The hats which Richard is importing are of very high quality.
They are however cheaper than
astonishingly finely woven
‘superfino’ hats, which are very,
very expensive.
Richard has found the experience of importing challenging at
times and a learning experience.
“As the original export document
described them as straw hats they
were stopped at the border and
threatened with fumigation
which we managed to head off.”
According to Bob Jones writing
in the NZ Herald last December,
“Hats are back”. Richard Fletcher
thinks so too.
BETTS, Jocelyn Anne
Formerly of Wellington.
Died 13 January 2015.
Maude & Miller (Siri Nicholas)
PO Box 5259, Wellington 6145
Tel 04 473 7121 Fax 04 471 2039
[email protected]
GUERIN, Sandra Lee
Late of 16 Blueberry Grove,
Timberlea, Upper Hutt.
Died at Upper Hutt on
11 December 2014.
Reg Newall
PO Box 40767 Upper Hutt 5140
Tel 04 528 8552 Fax 04 528 2588
[email protected]
■
The cost of 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.
DON MATHER & ASSOCIATES
Services to law
professionals
Estates and clients
• compile chattels inventory
• assist clients to downsize
• arrange sale & dispersal of
chattels
• prepare house for sale
Agency
• agent for absentee or
indisposed clients
Don Mather & Associates
phone Don Mather
04 2331532 or 027 6003143
[email protected]
Rod Venning, Peter Quinn, Peter Stevens and Tim Cleary.
Deadline April Council Brief
Monday 13 April
Jon McCardle, Dan Parker and Mike Gould.
Council Brief Advertising
John Steel, Brett Gould and Nigel Stirling.
[email protected]
Final sitting for Judge Vivienne Ullrich QC
JUDGE Ullrich’s final sitting took
place recently at the Porirua
District Court.
Wellington Branch President
Nerissa Barber commented on the
Judge’s significant role in establishing the Family Law Section.
“…you were a founding
member of the Executive of the
Family Law Section of the New
Zealand Law Society from this
time through to 2000, and over
1998 to 1999 you were Treasurer… We thank you for the pioneering work you and the
Committee did…
“I have greatly appreciated
your support of the profession.
You have been a presenter in numerous Law Society seminars…
You are a regular attendee of dinners and other professional
events… a long time member
and supporter of the Wellington
Women Lawyers Association.
“In this world where there can
be tendency to focus on the self
and what we as individuals can
get out of something, you have
been a huge contributor to others,
to the profession and to society.
“We will miss you very much.”