a friend in need? looking at options for the ins and outs...

www.adls.org.nzISSUE 6 13 MARCH 2015

By Anthony Jackson, Barrister

Self-represented litigants are a phenomenon that the courts and practitioners increasingly have to address and contend with at all levels.

This article is intended to be thought-provoking and (hopefully) to continue the discussion on this matter. It is not intended to provide answers, but readers’ feedback would be welcome!

Changes to representation in court

Changes to legal aid, particularly for Family Court cases, and changes to the rules allowing lawyers to be present for clients have meant (for example) that in many cases parents are no longer able to have a lawyer represent them in what can be difficult cases. This means many people will now act for themselves, in an environment with which they are unlikely to be familiar and often when they are at their most vulnerable and emotional – two states of mind that do not engender thoughtful and rationale approaches and solutions.

On 7 November 2014, the Chief Judge of the High Court, the Honourable Justice Helen Winklemann, gave the Ethel Benjamin address on the subject of “Access to justice – who needs lawyers?”, which considered some of these issues. Frances Joychild QC, in her excellent article on page 3 of Law News, Issue 1 (5 February 2015), also addressed the matter as far Continued on page 2

LAWNEWS

THIS ISSUE:

A friend in need? Looking at options for self-represented litigants

The ins and outs of making donationsADLSI honours Justice Simon Moore

+ Courts, litigation, self-representation

SELF-REPRESENTED LITIGANTS – CONTINUING THE DIALOGUE

as it affects the rule of law.

Looking further afield (to the United Kingdom), another example of a judicial viewpoint on these issues can be found in the case of In the Matter of D (A Child) [2014] EWFC 39, which was a child care case. The parents did not have sufficient funds to pay for legal representation and had been assessed as not qualifying for legal aid. The mother had been assessed in 2012 as being “on the borderline of a mild learning disability” and the father had a “more significant cognitive impairment with an IQ of around 50”. A psychological assessment had concluded that the father lacked capacity to conduct litigation.

In a very strongly-worded judgment that will resonate with us all, Sir James Munby (President of the Family Division of the High Court of

England and Wales) made it clear that he was not prepared to countenance the parents facing the application by the local authority without proper legal representation.

More recently (and back in New Zealand), his Honour Judge Maude, together with barrister Lynda Kearns, presented an ADLSI webinar entitled “Self-Represented Persons: Problems and Solutions – Family Law” on 18 February 2015 (available on demand; see ADLSI’s website www.adls.org.nz/cpd/cpd-on-demand/). There is no doubt this is a hot topic.

Guidance for litigants in person

If we accept, as we must, that litigants in person are now a part of the judicial and legal landscape,

ADLSI hosted a dinner on Friday 6 March 2015 in honour of the Honourable Justice Simon Moore, former Crown Solicitor and long-time ADLSI member and supporter. His Honour (in the centre) is pictured

here with Andrea Manuel, his Honour Judge Gary Harrison, his Honour Judge Kevin Glubb and Chief Coroner Deborah Marshall. For more pictures from this event please turn to pages 4 and 5.

ISSUE 6, 13 MARCH 2015

what guidance is there as to how to deal with such people?

In England, the increasing number of litigants in person has led to an extensive array of guidance from the government and the courts to the English Bar Council.

“McKenzie Friends”

Colleagues report an increasing number of people arriving at court with a support person. Inevitably, if people cannot be represented by lawyers but feel uncomfortable without help and guidance, they will turn to other resources. However, the concept of a “McKenzie Friend” of old, of merely assisting the client/litigant, is changing.

As readers may recall, the original “McKenzie Friend” originated from a Family Court case in London. The solicitor for the husband, Mr Jeffrey Gordon (now in his 82nd year and still practising – he was a Principal to the author many years ago) sent a law clerk to help the client who could not afford representation.

Today, the McKenzie Friend is a “job” in England, with an organisation for McKenzie Friends (www.mckenzie-friend.org.uk/) and fees charged for their services. Could this be the future for the New Zealand courts?

The obvious concern is the quality of such McKenzie Friends and their ability to provide the correct advice and assistance – and, importantly, by whom are they regulated?

The challenges of self-representation

The challenges associated with self-represented litigants are complex. Studies have been undertaken in Canada, the United Kingdom, Australia and New Zealand with a particular focus on the effect of self-represented litigants in the justice system – even Wikipedia has a detailed page on the issue. The findings of those studies are wide and varied, and present a real challenge to the question of access to justice.

The difficulties facing self-represented litigants, and the practitioners who encounter them, are common features in many areas of legal practice. Practitioners report concerns about common themes such as:

• understanding the overall court process;• the adequacy of filed evidence and

pleadings;

+ Courts, litigation, self-representation

SELF-REPRESENTED LITIGANTS – CONTINUING THE DIALOGUEContinued from page 1

Editor: Lisa Clark

Publisher: Auckland District Law Society Inc.

Editorial and contributor enquiries: Lisa Clark, phone (09) 303 5270 or email [email protected]

Advertising enquiries: Chris Merlini, phone 021 371 302 or email [email protected]

All mail for the editorial department to: Auckland District Law Society Inc., Level 4, Chancery Chambers, 2 Chancery Street, Auckland 1010. PO Box 58, Shortland Street, DX CP24001, Auckland 1140. www.adls.org.nz

Law News is published weekly (with the exception of a small period over the Christmas holiday break) and is available free of charge to members of ADLSI, and

available by subscription to non-members for $130 plus GST per year. If you wish to subscribe please email [email protected]

©COPYRIGHT. Material from this newsletter must not be reproduced in whole or part without permission. Law News is published by Auckland District Law Society Inc., 2 Chancery Street, Auckland.

LAW NEWS is an official publication of Auckland District Law Society Inc. (ADLSI).

The original “McKenzie Friend” originated from a Family Court case in London, where a law clerk was sent to help a client who could not afford representation. Today, the McKenzie Friend is a “job” in England, with an organisation and fees charged for their services. Could this be the future for the New Zealand courts?

• issues of confidentiality and how to deal with prohibitions on disseminating information;

• understanding of the role of a McKenzie Friend; and

• how the self-represented litigant conducts him or herself and how practitioners intereact with such a person.

Our courts handle these challenges pragmatically. The court staff and our judges have admirably taken on the extra task of explaining to self-represented litigants the importance of seeking legal representation and, as far as they can, of explaining the process to members of the public.

Those litigants who nonetheless opt for (or have no alternative to) self-representation place a burden on the courts to reiterate to them the need to observe the practice and procedure of the courts, so as to help an individual properly present his or her case.

Ethical and professional obligations

The first duty of all lawyers is to the court. Then we have obligations to our client. As counsel, we are forever conscious of ensuring compliance with our ethical and professional obligations. Do we over compensate towards a self-represented person, or, at the other end of the spectrum, restrict contact to avoid claims of undue influence or inappropriate conduct?

How far do we, as lawyers, advocate for a detailed review of self-represented litigants and the role they have in the court and ADR processes, and the effect on not only resources but the overall administration of justice?

A dialogue on this topic is welcomed.

Readers wishing to explore this topic further may be interested in the following links:• Legal aid: www.justice.govt.nz/services/

legal-help/legal-aid• Changes to the rules allowing lawyers to

be present for clients: www.familylaw.org.nz/__data/assets/pdf_file/0006/55680/Changes_to_New_Zealand_Family_Court_FLS52.pdf

• Guidance in England in relation to litigants in person: https://www.gov.uk/represent-yourself-in-court, www.familylaw.co.uk/system/uploads/attachments/0000/8125/McKenzie_Friends_Practice_Guidance_July_2010.pdf and http://barcouncil.org.uk/instructing-a-barrister/representing-yourself-in-court/

• “McKenzie Friends”: www.mckenzie-friend.org.uk/; and

• Studies on the effect of self-represented litigants in the justice system: www.justice.govt.nz/publications/publications-archived/2009/self-represented-litigants.

Anthony Jackson

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http://www.justice.govt.nz/services/legal-help/legal-aid

http://www.justice.govt.nz/services/legal-help/legal-aid

http://www.familylaw.org.nz/__data/assets/pdf_file/0006/55680/Changes_to_New_Zealand_Family_Court_FLS52.pdf




https://www.gov.uk/represent-yourself-in-court

https://www.gov.uk/represent-yourself-in-court

www.familylaw.co.uk/system/uploads/attachments/0000/8125/McKenzie_Friends_Practice_Guidance_July_2010.pdf




http://barcouncil.org.uk/instructing-a-barrister/representing-yourself-in-court/



http://www.mckenzie-friend.org.uk/

http://www.justice.govt.nz/publications/publications-archived/2009/self-represented-litigants




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By Craig Fisher, Chairman at RSM New Zealand and an Audit Director at RSM Hayes Audit, and Galina Bell, Senior Tax Manager at RSM Prince

Donee status. Most people will have heard of this concept in relation to charities. But scratch the surface a bit deeper and one commonly finds a lack of any further knowledge, and some common misunderstandings. Hence we thought it would be helpful to provide a summary of some key features of donee status.

What is it?

Essentially, donee status is the ability to enable donors to claim a rebate on their donations. Such a status can be very valuable as a means to attract financial support to charities and not-for-profit organisations as the donor of a cash donation of $5 or more receives a tax credit of a third of their donation. The donor can receive this tax credit up to the amount of their taxable income. Donee status is granted by Inland Revenue.

Charities and donee status

Most people equate donee status with charitable status. This is not strictly correct as they are two separate concepts. However, registered charities will generally receive donee status from Inland Revenue. As part of the application process to become a registered charity, organisations are asked if they intend to receive funds from donation/koha. If charitable status is approved by the Charities Services (run by the Department of Internal Affairs), the applying charity’s details will then be supplied to Inland Revenue and donee status is usually granted.

Note: If charities spend money delivering their charitable purpose overseas (providing disaster relief, delivering aid and so on) Inland Revenue will assess their eligibility for donee status differently. Refer to Inland Revenue’s website (www.ird.govt.nz) for more details about overseas donee status.

How does one qualify for donee status?

Where an entity would like to register as a donee, but does not wish to become registered as a charity, or where its purposes are benevolent, philanthropic or cultural rather than charitable, then it will need to apply to Inland Revenue for approval as a donee organisation. Inland Revenue has issued a booklet (IR255 “Charitable and donee organisations”), which contains guidance on the status and applying.

In order to determine whether a rebate can properly be claimed by a donor, Inland Revenue needs to consider whether the entity to whom the money was donated meets the donee criteria specified in the Income Tax Act 2007.

There are four general categories of donee organisations defined in the Income Tax Legislation and the Commissioner of Inland Revenue is required to be satisfied that an entity complies with the relevant requirements before giving approval. In summary, the organisations which may be entitled to receive donee status must be established for charitable, benevolent,

+ Charities law, tax law

Demystifying donee status

Craig Fisher

philanthropic or cultural purpose. In addition to this, the organisation’s funds must be wholly or principally applied within New Zealand, and the entity must not be carried on for the private pecuniary profit of any individual.

The Commissioner will normally review the applying organisation’s rules, assess its purposes and consider whether the funds are applied within New Zealand. The Commissioner will grant the donee status when she is satisfied that all required conditions are satisfied.

If the entity wishes to register for donee status, it needs to apply to Inland Revenue in writing and provide the following:

• an up-to-date, signed copy of the entity’s rules, constitution, trust deed or other founding document;

• a copy of its certificate of incorporation (if incorporated);

• letter requesting donee status; and• details of how the organisation has been (or

will be) operating.

In addition to this, Inland Revenue may request a copy of audited financial statements to verify how the funds are applied.

Not-for-profits that are not charities

Where an entity has had its application for registration as a charity declined, it is unlikely that it will qualify for donee status on the ground that its purposes are charitable. However, approval will be granted where its purposes, although not meeting the standard of being charitable, are nevertheless benevolent, philanthropic or cultural.

This makes equitable sense as there are many worthy not-for-profit organisations that deserve support but would not be able to successfully achieve registered charity status. For example many clubs and societies or sporting bodies will not meet the charitable definition. Nevertheless the majority of these organisations are clearly benevolent, philanthropic or cultural in their key purpose and what they do. They also seek

funding support in the same manner and market as charities. As long as these organisations are not established in such a way as to pass private pecuniary profit to any individual, then they are probably worthy of taxpayers’ financial support via donee status.

Any other conditions?

In order to qualify for a donation tax credit the donations must be:

• A gift of money of $5 or more. Please note that non-monetary gifts do not qualify for a tax credit.

• An unconditional gift – not only a voluntary gift, the donor or their family must be not receive an identifiable benefit as a result of this donation.

Gifts made under the will of a deceased person do not qualify for a tax credit.

Hence, if someone wanted to donate art to a charity, or a boat to a non-charity donee organisation (like Greenpeace), then they are unable to claim a tax credit. This is because tax credits only exist for donations of cash to donee organisations and not property.

How can I tell if our organisation has donee status?

Inland Revenue’s website contains the database of all registered donee organisations. The other option is to search the list of charitable organisations on the Charities Services website.

Craig Fisher FCA is Chairman at RSM New Zealand and an Audit Director at RSM Hayes Audit, and a specialist regarding NFP and charitable entity issues. He can be contacted on 09 367 1656 or [email protected].

Galina Bell CA is a Senior Tax Manager at RSM Prince. Ms Bell has over nine years’ experience in tax, including taxation of International transactions and NFP. She recently completed a Master of Taxation Studies at the University of Auckland with First Class Honours. She can be contacted on 09 367 6662 or [email protected].

Galina Bell


+ ADLSI event review

Law Dinner for the Hon Justice Simon Moore a stellar eveningA wide ranging selection of legal professionals, from young to the most senior, turned out in droves to help ADLSI honour the achievements of one of its long-standing members, and now judge of the High Court, the Honourable Justice Simon Moore.

The dinner was held at the Northern Club in Auckland on Friday 6 March 2015.

The large numbers of friends, colleagues and members of the judiciary who were present to help celebrate Justice Moore’s ascension to the bench were testament to his popularity and contributions to the profession.

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The Hon Justice Patrick Keane, the Hon Justice Paul Heath, her Honour Retired Judge Cecilie Rushton and Gregory Hollister-Jones

Wendy Galvin, her Honour Judge Lisa Tremewan and Marie Dyhrberg QC

Fionnghuala Cuncannon and Nicholas WhittingtonThe Hon Justice Kit Toogood, Phillipa Muir and Margaret Casey

ADLSI President Brian Keene QC welcomed the assembled guests and Paul Davison QC spoke in tribute to Justice Moore.

Mr Davison QC spoke about Justice Moore’s younger days, career progression and contributions to the law in a speech which was at once entertaining and also paid full tribute to his Honour’s achievements.

The convivial atmosphere saw guests enjoying the opportunity to catch up, share stories and look forward to the rest of the coming year.

The Hon Justice Simon Moore and Lady Deborah Chambers QCHer Honour Judge Allison Sinclair, Brian Keene QC, the Hon Justice Anne Hinton, her Honour Judge Sarah Fleming and Sheila McCabe


Christine Gordon QC and Kate Davenport QC

Chief Coroner Deborah Marshall, Coroner Morag McDowell and Amy Jordan

Ish Jayanandan, Gareth Kayes, Stephanie Cowdell and Nathan Speir

Chris Moore, the Hon Justice Simon Moore, Paul Davison QC, Stephen Mills QC and Brian Keene QC

ADLSI invites members of the legal profession to come together and honour the Hon Dame Silvia Cartwright at a dinner to be held at the Northern Club on Friday 8 May 2015.

ADLSI would be delighted if you would join us for this convivial evening to honour Dame Silvia Cartwright’s distinguished contribution to law and her rise to the role of Governor-General of New Zealand.

Date: Friday, 8 May 2015Timing: 7.00pm Arrival and drinks 7.30pm DinnerVenue: The Northern Club 19 Princes Street Auckland

+ ADLSI event

Law Dinner to honour the Honourable Dame Silvia Cartwright PCNZM, DBE, QSO

Dress code: Black tie

Tickets: $105.00 + GST ($120.75 incl GST) per ticket for ADLSI members and current and retired members of the judiciary; $135.00 + GST ($155.25 incl GST) per ticket for non-members

To register for this dinner, please visit www.adls.org.nz; alternatively contact [email protected] or 09 303 5287. Spaces are limited so register before 29 April 2015 to secure your space, subject to availability.

ADLSI’s standard cancellation policy applies for this event.

LN+ ADLSI Council

Contact details for ADLSI CouncilHere are the contact details for your ADLSI Council. They welcome your queries and suggestions.Brian Keene QC (President) Ph. 09 366 0306 E. [email protected] Pidgeon (Vice-President) Ph. 09 337 0826 E. [email protected] Brandts-Giesen Ph. 03 313 4010 E. [email protected]

Vikki Brannagan E. [email protected] Hagen Ph. 09 309 1689 or 021 452 326 E. [email protected] Nicolson Ph. 09 309 2500 E. [email protected]

David Roughan Ph. 09 435 2261 E. [email protected] Anne Shanahan Ph. 09 827 6106 or 09 827 2783 E. [email protected] Spring Ph. 09 486 1609 E. [email protected]

Dame Silvia Cartwright


My name is Holly Hu. I am an in-house corporate lawyer in Shanghai, China. And I have established the Shanghai In-house Legal Society.My father is a well respected patent attorney in Wuhan, Hubei Province – a major commercial city and the centre of China’s “Silicon Valley”.I am seeking New Zealand lawyers and/or patent attorneys

who are interested in forming a group or association of New Zealand and Chinese lawyers to discuss areas of common interest and benefit.Phone 0086+13671595277 Email: [email protected]

+ New book

Environmental and Resource Management Law, 5th Edition

Editor: Derek Nolan

The fifth edition of this important text for practitioners provides complete coverage of New Zealand’s legislation and case law in the environmental and resource management law field.

Topics include land use and subdivision, the resource consent process and appeals, and the coastal environment (including the new Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012).

Also covered are issues surrounding forests, mining and petroleum, water, marine pollution, air, hazardous substances, new organisms, noise, Māori and environmental law, heritage, landscape and visual, and climate change.

Other chapters cover environmental assessment, environmental litigation and statutory remedies.

Price: $173.90 plus GST ($200 incl. GST)*

Price for ADLSI Members: $156.52 plus GST ($180 incl. GST)*

(* + Postage and packaging)

To purchase this book please visit www.adls.org.nz or contact the ADLSI bookstore by phone: 09 306 5740, fax: 09 306 5741 or email: [email protected].

New Zealand has its first global business law firm, with DLA Phillips Fox having become DLA Piper New Zealand.

The change formalises the growing integration of the New Zealand firm with the global business law firm DLA Piper which has 4,200 lawyers in the Americas, Asia Pacific, Europe and the Middle East.

DLA Piper New Zealand has a team of 25 partners and 67 lawyers and a client base featuring some of New Zealand’s largest companies and organisations operating domestically and globally.

“We advise international clients doing business in New Zealand and those New Zealand organisations doing business elsewhere, offering seamless service in all major regions and key markets. In every major sector and specialist practice, we provide innovative, commercially astute advice,” says Martin Wiseman, Chairman of DLA Piper New Zealand.

“As a local firm, we support clients in government, public organisations and business which are focused on New Zealand, providing in-depth local knowledge, networks and best advice for the New Zealand context.”

John Weber, Country Managing Partner for DLA Piper Australia says, “The close economic relations between New Zealand and Australia make it good business sense for DLA Piper to have a presence in New Zealand and the two businesses will continue to work very closely together.”

The first partner to be appointed to the newly-named firm has also been announced – employment law and health and safety expert Laura Scampion. Prior to joining DLA Piper in New Zealand, Ms Scampion worked in the London headquarters of PwC advising international clients on employment.

“With Laura’s international knowledge and experience, it’s fitting that she is the first partner to be appointed since we became DLA Piper New Zealand, a firm capable of delivering access to global best practice and expertise across borders, sectors and specialities worldwide,” says Mr Wiseman.

Ms Scampion’s work has been wide-ranging; from advising international corporates on employment-related issues around sales and acquisitions, through to working with central government departments in the UK on strategic restructuring programmes.

Whilst in the UK, Ms Scampion also advised FTSE 100 clients alongside HR and tax consultants as part of an international network of lawyers advising on employment, pensions and immigration. She also regularly represents clients in negotiations and mediation.

Ms Scampion says working for a global firm in New Zealand allows her to combine her local and international expertise with the ability to provide clients with seamless access to DLA Piper support worldwide.

“The most pressing issues right now for clients operating in New Zealand and those with global remits are the upcoming health and safety law and dealing with the increasing challenges with regard to the international mobility of employees,” she says.

+ Appointments

First global business law firm in New Zealand appoints first partner

Martin Wiseman

Laura Scampion

LN


+ AWLA event review

2015 President’s function with the Hon Justice Anne HintonNewly appointed High Court judge, the Honourable Justice Anne Hinton, was the guest speaker at this popular annual event in AWLA’s calendar (held with the support of ADLSI).

The evening was held on the rooftop of ADLSI’s Chancery Chambers building, where guests were treated to a lovely sunny evening.

Justice Hinton touched upon AWLA’s theme for 2015 – “Seize the Agenda”. Prompted by remarks late last year by the Honourable Justice Helen Winkelmann, AWLA is focussing this year on encouraging women to decide what they want for their careers and making those things happen. AWLA aims to offer assistance, support, training and mentoring as appropriate to help such goals become reality.

Her Honour commented that achieving partnership can be a good thing for women lawyers to have on their agenda, and that partnership can afford women the opportunity to “change the agenda” from the inside. Her experience has been that many women decide not to push on for partnership from senior associate stage, but she encouraged listeners that taking the next step is worthwhile.

Justice Hinton stressed the importance of “identifying gaps” in terms of advancing in one’s career, which can be a valuable exercise even for women lawyers who are not at a firm, or who may not want to become partner.

Justice Hinton also encouraged attendees to take hold of opportunities

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The Hon Justice Ailsa Duffy, Param Jegatheeson and Georgia CaseyAmanda Fistonich, Associate Judge Hannah Sargisson and Sonja Clapham

Justice Hinton mingles with the assembled AWLA members at the President’s function at ADLSI’s Chancery Chambers rooftop

Christine Gordon QC, Judge Sarah Fleming, Justice Hinton and Angela Stafford

which are presented to them. She exhorted women not to be disheartened if things do not go to plan, and to “pick themselves up” again and keep going.

Justice Hinton and Angela Stafford


Selected CPD CPDTo view all ADLSI CPD & register: www.adls.org.nz/cpdEmail us: [email protected] Phone us: 09 303 5278

Featured CPD

Criminalisation of Directors’ Duties: The Thin Red LineThe task of advising directors is being made more complex by new Companies Act provisions criminalising certain egregious breaches of directors’ duties. This seminar provides a valuable opportunity to hear from experienced lawyers and an accomplished professional company director.

Learning Outcomes• Gain a better understanding of the recent legislative reforms, including possible defences.

• Receive practical tips on how to advise a director whose company is in financial strife.

• Learn from case studies based on recent New Zealand examples arising out of the finance company crashes during the GFC.

• Gain insights into implications for insurance protection under relevant legislation.

Who should attend?Experienced and intermediate-level lawyers and insolvency practitioners who advise company directors of SMEs and large corporates. Company directors, management consultants and other governance advisers may also benefit from attending.

Presenters: Brian Keene QC; Stephen Layburn, Barrister; Dr Kerry McDonald BCom MCom (Hons), DCom (hc), AFlinstD, FAICD, FNZIM, Professional Director Chair: The Honourable Justice Asher

Thursday, 26 March 2015 4pm – 6.15pm

Live streamed | Auckland (venue TBC)

2 CPD HOURS

Wednesday, 18 March 2015 12pm – 1pm

At your desk or on your portable device

1 CPD HOUR

Rural Property Transactions: The Do’s and Don’ts of Due DiligenceThis webinar will provide clear guidance and useful advice to lawyers practising in the area of rural property transactions on what to look out for and potential problems that can arise when undertaking due diligence.

Learning Outcomes• Receive guidance on how to conduct efficient and effective due diligence processes in the context of rural property transactions.

• Learn more about various due diligence considerations and where to access and how to analyse relevant information.

• Develop strategies to address issues that may arise out of the due diligence process.

Who should attend?Junior to intermediate lawyers involved in rural property matters and property lawyers of any level who may occasionally be involved with the sale and purchase of rural land.

Presenter: Tim Black, Partner, Anderson Lloyd

Wednesday, 25 March 2015 4pm – 6.15pm


2 CPD HOURS

The CCCFA, Lending & Enhanced Consumer ProtectionThe Credit Contracts and Consumer Finance Act has been significantly amended as part of wider reforms of the financial sector. This seminar will enable you to prepare your clients, whether lenders or consumers, for the amendments coming into force.

Learning Outcomes• Understand the key mechanisms for strengthening consumer protection under the CCCFA as they relate to the life cycle of a loan: disclosures; guarantors; credit fees; unforeseen hardship provisions; break costs; repossession procedures; the new powers and sanctions; and the Commerce Commission’s enforcement approach.

• Learn about the Responsible Lending Principles.

• Gain an overview of the draft Responsible Lending Code and learn how the Code intersects with the Act.

Who should attend?Commercial lawyers, in-house counsel of lending institutions, litigators, consumer law specialists, community law centre lawyers, property lawyers and general practitioners.

Presenters: Brett Carter, Principal Counsel (Consumer), Competition Branch, Commerce Commission; Jonathan Flaws, Partner, Sanderson Weir; Rose Wang, Senior Policy Advisor, MBIE Chair: Gayatri Jaduram, Lawyer and Disputes Tribunal Referee

Tuesday, 31 March 2015 4pm – 6.15pm


2 CPD HOURS

Cartels or Lawful Collaborations? What your clients need to knowSignificant amendments to the Commerce Act 1986 mean your business clients will need to review any agreements or relationships with their competitors to ensure they do not breach the revamped cartel regime.

Learning Outcomes• Learn when and how the new cartel regime will affect your clients.

• Identify the steps you can put into place to ensure your clients are prepared.

• Gain insights into the Commerce Commission’s draft Competitor Collaboration Guidelines;

• Get guidance on the advantages of applying for clearances and authorisations.

Who should attend?Any lawyer whose clients have relationships with their competitors; in-house counsel, commercial and company lawyers, litigators.

Presenters: Katie Rusbatch, Manager, Competition (Commerce Commission); David Blacktop, Principal Counsel, (Commerce Commission); Alan Lear, Barrister Chair: Geoff Hardy

7. 10 hour 8. On demands6. Webcast5. Forum

1. Seminar 2. Webinar 3. Workshop 4. Conference

Live stream



Seminar



Live stream



Seminar



Live stream



Seminar



Webinar


Selected CPD CPDTo view all ADLSI CPD & register: www.adls.org.nz/cpdEmail us: [email protected] Phone us: 09 303 5278

CPD in Brief

Intellectual Property Considerations in Sale and Purchase Transactions Tues, 24 March 2015 | 12pm – 1pmThis webinar will provide essential information about what actually constitutes IP and how best to deal with it in sale and purchase transactions.

Presenter: David Alizade, Head of Commercial, Baldwins Intellectual Property

Commercial Law Series: Takeovers Code – Refresher & Update Wed, 1 April 2015 | 12pm – 1pm Could you ‘take on a takeover’? This webinar will equip you with information about key takeover issues.

Presenters: Andrew Matthews, Senior Associate, Simpson Grierson; Joshua Pringle, Senior Associate, Chapman Tripp

Cradle to Grave Conference 2015 Mon, 20 April 2015 – Auckland | Thurs, 23 April 2015 – Christchurch Register now and save! Early-bird rates available A compelling refresher and update for general practitioners and lawyers practising in trust, estate planning, relationship property and elder law. Presenters: Bill Patterson, Partner, Patterson Hopkins; The Honourable John Priestley QC; Sandra Grant, Barrister; Dr Bede McIvor MB ChB FRANZCP, Psychogeriatrician and Psychiatrist; Sonja Clapham, Barrister; Anthony Grant, Barrister; Denham Martin, Barrister; Brian Carter, Barrister; Vanessa Bruton, Barrister; Greg Kelly, Principal, Greg Kelly Law Ltd (Christchurch); Chris Kelly, Consultant, Greg Kelly Law Ltd (Auckland)

In Praise of the Family Court Reforms? Thurs, 30 April 2015 | 5pm – 7pmAround a year on from the reforms, what is the lie of the land? The panellists from the Bench, Bar and Ministry will provide their perspectives and answers to your questions.

Panel: Her Honour Judge Rogers; Alan Goodwin, Barrister, Eden Street Chambers; Emma Parsons Barrister, Ponsonby Chambers; Jennie Montague, Service Delivery Manager, Auckland Civil and Family, Ministry of Justice Chair: Brian Carter, Barrister, Bastion Chambers

Courtroom Advocacy – The Essential Skills: Part 2 Tues, 5 May 2015 | 4pm – 6.15pmCase preparation and well-honed advocacy skills are key attributes of all successful litigators.

Part 2 topics: leading evidence, cross-examination, re-examination, examining experts, etiquette.

Presenters: Her Honour Judge Inglis; Simon Jefferson QC; Andrea Manuel, Barrister, Shortland Chambers Chair: Michael Fisher, Barrister, Erskine Chambers

5CPD

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5-hour CPD On Demand packages available. Plus 2 bonus hours of CPD On Demand for you to complete. Visit www.adls.org.nz/cpd

TOP UP YOUR CPD HOURS

CPD On Demand

CPD On Demand Packages – 5 CPD hours with bonus 2 CPD hours Top up your CPD hours before the end of the CPD year with an On Demand CPD package. Each package comprises various recordings in selected practice areas, giving you the opportunity to earn 7 CPD hours.

Flexibility is key, with the ability to view the recordings and complete the interactive Q & A, anywhere (provided you have internet access) and anytime that suits you. There are six packages to choose from:

Litigation/Criminal Law Trusts, Wills and Estate Law

Commercial Law Property Law

General Practitioner’s Toolkit Skills for Lawyers

CPD Pricing

Delivery Method Member Pricing Non-Member Pricing

Webinar $75.00 + GST (= $86.25 incl. GST) $95.00 + GST (= $109.25 incl. GST)

Seminar (in person) $125.00 + GST (= $143.75 incl. GST) $180.00 + GST (= $207.00 incl. GST)

Seminar (live stream) $125.00 + GST (= $143.75 incl. GST) $180.00 + GST (= $207.00 incl. GST)

On Demand (1-hour recording) $85.00 + GST (= $97.75 incl. GST) $110.00 + GST (= $126.50 incl. GST)

On Demand (2-hour recording) $95.00 + GST (= $109.25 incl. GST) $130.00 + GST (= $149.50 incl. GST)

For group bookings for webinars & CPD On Demand, see the ADLSI website at: www.adls.org.nz/cpd/help-and-faqs/group-bookings/.











Conference



Webinar



Webinar



Forum



Seminar



Live stream


WILL INQUIRIES LAW NEWSThe no-hassle way to source missing wills for

$80.50 (GST Included)Email to: [email protected] Post to: Auckland District Law Society Inc.,

PO Box 58, Shortland Street, DX CP24001, Auckland 1140 Fax to: 09 309 3726 For enquiries phone: 09 303 5270

+ Wills

Please refer to deeds clerk. Please check your records and advise ADLSI if you hold a will or testamentary disposition for any of the following persons. If you do not reply within three weeks it will be assumed that you do not hold or have never held such a document.

David Reginald EARNSHAW, late of 653 Swanson Road, Auckland, Retired, Aged 72 (Died 19’02’2015)

Lorraine Elizabeth HARDY, late of Northhaven Hospital, 142 Whangaparaoa Road, Red Beach, Rodney, Auckland, Retired, Aged 86 (Died 01’02’2015)

Ivy Marjorie KINGI, late of 8A Sunnyfield Crescent, Glenfield, Aged 81 (Died 09’02’2012)

Hiku Hinaki Rihari KOROI-NGAWHAU, late of 3 St James Avenue, Helensville, Auckland, Aged 49 (Died 17’02’2015)

Stephen James TAITE, late of 40/22 Princes Wharf, Quay Street, Auckland, Aged 34 (Died in New York 25’10’2014)

Robert George Charles WADDINGHAM, late of Meadowbank Village, 148 Meadowbank Road, Auckland, Aged 85 (Died 03’06’2014)

Margaret Isobel WEIR, late of 1B Cessna Place, Mangere, Auckland, Aged 60 (Died 09’08’2014)

Nathamon WIJITSOPHA, late of Beach Haven, Auckland, Student Hostel Housekeeper, Aged 55 (Died 04’11’2014)

Barristers Chambers

Two established barristers are looking for a third to join them in a new,

well-appointed attractive, light office space in

High Street, Auckland CBD.

Email: [email protected] or [email protected]

Improve your understanding of the latest legal technology developments and develop your knowledge of industry best-practice to drive greater efficiency within your organisation.

One-day packed with presentations from international industry leaders, interactive panel discussions, live technology demonstrations and opportunities to network with lawyers, CIOs, practice managers, knowledge managers, IT professionals and regulatory agencies.

NOT TO BE MISSED! For further information, or to register go to e-discovery.co.nz/events/lawtech/

Proudly presented by

• Room Available in character building in central city location

• Friendly Chambers’ members• Suitable for Barrister and/or

Solicitor• Reasonable rental• Immediate Occupancy

Inquiries to: MARK EDGAR: - Telephone 021 630 957 orBEV ROBERTS: 09 309 9847- after 11 am

OFFICE FOR RENT1st Floor, 23 Shortland Street

Auckland Central


*This offer is available starting 13 February 2015 only to new HSBC Premier customers, and existing HSBC Premier customers who borrow at least an additional NZD100,000. HSBC’s normal lending criteria applies. Interest rates are current as at 13 February 2015 and are subject to change or withdrawal without notice. HSBC Premier qualification criteria applies, eg combined lending of NZD500,000 or more or NZD100,000 of savings and investments with HSBC. Early repayment fees may apply to fixed rate loans. To qualify for this offer, customers must have at least 20% deposit or equity and have their salary credited to a HSBC transaction account. HSBC Retail Banking and Wealth Management Terms and Conditions apply. Issued by The Hongkong and Shanghai Banking Corporation Limited, incorporated in the Hong Kong SAR, acting through its New Zealand branch (“HSBC”).

ADL2002

Now is the ideal time to consider your options with our highly competitive home loan offer with HSBC Premier.

What’s more, your personal HSBC relationship manager will help you make the move easy. These exceptional new rates will not be available for long, so talk to us today.

Find out more on how we can support your personal economy.

Stephen Orbell Email [email protected] or Phone +64 9 368 8536 or +64 21 472 997

For a strictly limited time

the ultimate choice on how

you structure your home

loan is now up to you

1 year fixed*5.75%

p.a.3 years fixed*5.75%


p.a.

1 year fixed*5.29 %

p.a. 5.29 %p.a.

3 years fixed*5.29%


p.a.5 years fixed* 5.29%

p.a.2 years fixed*

1 year fixed*5.75%



p.a.

1 year fixed*5.29 %

p.a. 5.29 %p.a.

3 years fixed*5.29%


p.a.5 years fixed* 5.29%

p.a.2 years fixed*


Delegate Fee: $NZ

STEP Member rate (GST is additional) $650.00 + GST

Non Member rate (GST is additional) $800.00 + GST

www.step.org

a friend in need? looking at options for the ins and outs...

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