Canterbury tales

Canterbury Westland Branch New Zealand Law Society December 2011, Vol. 17, No. 10

Canterbury tales

Thanks for your helpBy

MalcolmEllis

ManagerCanterbury-Westland

BranchNew Zealand Law

Society

In my 15 years with the Law SocietyI have never taken the opportunityto write a personal letter to all ourpractitioners but the events of thelast year have encouraged me thisyear to put pen to paper.My prime purpose is to say thanks to somemagnificent people who have helped us moveon from February 22nd 2011. Like many ofyou, I am sure, a big part of what we havedone this year is building focussed.I had hoped that we might be able to return to307 Durham Street within a relatively shortspace of time. Sadly that has not been the caseand the latest news on that front is that thereis a possibility the building will need to comedown. The outlook though changes weekly.Many of you will be aware that the New ZealandLaw Society owns the middle floor of 307Durham Street so walking away is not an option.In the meantime the lobster that Philip Strangbrought into work on the morning of 22ndFebruary 2011 still sits in the fridge!We currently lease premises at 8 HomershamPlace in Burnside, which houses our generaladministration team plus our library staff. Mythanks to Richard Burtt for being aware of ourpredicament in town and putting us in touchwith the necessary people to get our currenthome.Whilst the library has always been a huge partof the branch’s service to you all it has not beenuntil we have had to share an office with thelibrary staff that I have fully appreciated howprofessional and hardworking they are. As wellthey are great fun to work with.The work they have done in getting libraryservices up and running from out here in thesuburbs has been nothing short of miraculous.Gradually the profession is coming toappreciate that the library is temporarilyrelocated and are using the services provided.My grateful thanks and deepest respect go toJulia, Mary, Theresa, Fiona and Sarina for thework they continue to do.

Since February we have worked closely withthe local branch of the New Zealand Instituteof Chartered Accountants and we have beenpart of a focus group with the ICANZ teamlooking at issues of education and insurancefollowing the February event.I must pass on my thanks to Stephen Tomlinsonand Jeff Kenny for the expert input theyprovided to the working groups. Both Stephenand Jeff proved to me time and again duringthe many meetings how lucky we are inCanterbury to have lawyers who are not onlyclever but willing to help and give of their timefreely.My thanks also to the lawyers who took part inthe seminar programmes. I have haddiscussions with our accountant friends andlook forward to working closely with them nextyear on some educational initiatives.I must admit I was a little sceptical about thenew world of one Law Society and the foldingin of districts to the New Zealand Law Societymother ship. September and February provedto me the value of being part of a nationalorganisation.Our earthquake response team in Wellingtonswung into action immediately and indiscussions with Allister Davis and I took overmany of our immediate concerns. Quite simplythey set about tracking down every lawyer inour patch.Many of you were bruised badly but little bylittle the picture emerged that everyone wassafe at least. Wellington gathered informationabout law firms as they rose from the dust andquickly established a list available for publicconsumption.

I should say as an observer of this process Iwas amazed at how quickly so many of youbounced back. Wellington took overcommunicating with you and immediately setup an earthquake response site on the NZLSwebsite. They worked brilliantly. The work couldnot have been done by us if left to our owndevices.I will always remember the kindnesses and helpthat came from our national office. In some ofthe darkest days when the challenges seemedinsurmountable a word or two from someoneor other in Wellington provided the spark forresolution.Whilst the team in Wellington produced hugeresults for the local profession the effort wasled by NZLS Executive Director Christine Grice.Christine had her own family tragedy here inChristchurch to deal with but she spent manyan hour at all times of the day and night incommunication either in person or on thephone with both Allister and I to make sure wegot what we needed. When we had to do battle,as we did on a few occasions, Christine was atthe front line. She and Allister Davis made aformidable duo.And that brings me to Allister Davis. I am notsure I know where to start but an example ofhis thinking of others before himself washighlighted when one day my wife and I werecleaning up the wreckage and silt in our bashedriverside home without power and water andaround the corner came the big black Hyundai4WD with the president at the wheel.Out of the vehicle he produced gas bottles,water, food and fruit. Only a 4WD could getdown our street. I never thought I would say itbut that day I thought Mr Davis had certainsaintly qualities! He dropped the supplies off,checked we were OK then he was off to thepolice station for a court sitting.And that is how he has conducted his life sinceFebruary. Nothing has been an obstacle to him.You would have been proud of him if you sawhim battle the Ministry of Justice about gettingcourts operational again in Christchurch.

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President’s ColumnVino FinoPhoto Caption

Each month we have a photo captioncompetition where we invite you to submit acaption. The winner will receive two bottles ofwine sponsored by Vino Fino.Send your entry to the Canterbury WestlandBranch New Zealand Law Society, P.O. Box 565,Christchurch. All entries must be received byFebruary 9 2012. The winner will be announcedin the next edition of Canterbury Tales.

The winning entry for last month’s picture(below) was submitted by Julian Clarke.

“Keep hands on hips, keep handson hips, keep hands on hips.”

As I sat down to pen this lastPresident’s Column for the year Itook a moment to reflect on whata year it has been.

The year has been filled with tragedy, despair,hopelessness and hope, amazing times bothgood and bad but most of all resilience.We have experienced the elevation to thebench of two of our own Associate JudgeMatthews and Judge Ruth, had the opportunityto welcome a new High Court Judge JusticeWhata, seen the return to Christchurch ofJudges Murfitt and Kellar and said a sad goodbye to Judge Radford, Judge Green and ofcourse shipped Judge Crosbie south to sortout their jury lists.We have seen senior practitioners retire andsome pass on, we have seen our citydevastated by the events of 22 February andseen it slowly rise again out of the dust.Through all of this we as a profession havefound the strength and resilience to rebuild notonly our own lives but our practices. Obviouslythis has been done with the incredible helpand assistance in so many ways from lawyersthroughout New Zealand. To all those lawyerswho gave so generously we owe a great dealand on behalf of you all I would like to thankthem in this column.I must also acknowledge the support that theprofession received from the Judiciary. TheChief Justice has been to Christchurch on atleast three occasions, the Heads of Bench forthe High Court and District Court are regularlyseen in our neck of the woods supporting theprofession and ensuring that our needs arebeing met.The local Judiciary have been amazing in theirsupport of the local profession and seem readyto sit whenever wherever and to them ourthanks must also go. I make special mentionof Judge Crosbie who shoulder to shoulder withme took on the MoJ to ensure that we got theCourts up and running across the board as soonas we were able.I must also thank the local MoJ staff whograciously fielded calls from me at all times ofthe day and night and provided significant inputinto the courts resurrection.I wish to acknowledge the incredible staff at 8Homersham Place, all of whom have goneabove and beyond the call of duty especiallyValerie who helped with the raid on the Durham

Street office in the early hours on a Sundaymorning. The staff have enabled the efficientrunning of the local branch to occur on inalmost seamless way and much credit mustgo to them.I can not leave this with out a mention ofMalcolm Ellis who lost so much in theearthquake but who has been a tower ofstrength to so many of the profession. We havein Malcolm clearly the best and I for one reallyappreciate his sage advice, wisdom and goodhumour (even if he is a St Thomas’s old boy!)On the 25th November we held a extremelysuccessful cocktail evening to welcome JusticeWhata and Associate Judge Matthews. The turnout was one of the largest for some many yearsand it was great to see so many older faces. Itis amazing what the carrot of two hours drinking,food and storytelling for only $10 will bring out!Next year on the 10th February the NZLS Boardis proposing to hold its meeting in Christchurchwith a similar cocktail evening so our PresidentJonathan Temm can speak, so lock it in to yourdiaries now.On last big thank you before my joke must goto the publishers of this fine magazine,particularly Kevin McMenamin who puts it alltogether. He and his support team at DurningPRdid a sterling job to get Canterbury Tales outand so quickly after 22nd February. Thank youKevin.Enjoy the festive season, relax and wheneverpossible misbehave. As my grandmother usedto say, “if you cannot be good be good at it!”Merry Christmas and a Happy New Year. May2012 be a better and more prosperous yearthan 2011.

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Business help still availableAs the struggle continues for manyChristchurch businesses RecoverCanterbury is encouraging businessowners to put their hand up forhelp.Recover Canterbury was established after theChristchurch earthquakes to acceleratebusiness recovery and prepare businesses forfuture growth.Recover Canterbury brings together theexpertise of the South Island’s two largestbusiness support agencies — the CanterburyDevelopment Corporation and the CanterburyEmployers’ Chamber of Commerce, along withvarious Government agencies.To support businesses Recover Canterburyoffers a wide range of services, such asmentoring, referrals, access to training andassistance with business issues such as raisingcapital or insurance.Through Recover Canterbury eligiblebusinesses can also apply for financialassistance from the Canterbury BusinessRecovery Trust. In the last six months the Trusthas distributed a total of $2.8 million and hashelped 187 Canterbury businesses.“We have a team of 25 business recoverycoordinators who work one-to-one withbusinesses to provide them with the supportthey require. Our business recoverycoordinators have a vast collective knowledgein the commercial sector and they reallyunderstand the challenges businesses arefacing. They can add real value to anybusiness,” says Recover CanterburyCommunications Manager Pip Tschudin.Some of the key business issues being seenby Recover Canterbury’s business recovery

coordinators include loss of clientele, worseningcashflow, skilled staff shortages, increasingrelocation costs and insurance. Stress andmental and physical fatigue is also a very realissue for many businesses.“We want to ensure we capture the businessesthat are struggling and put some supportaround them so that we can improve theirchances of survival and help them prepare forgrowth into the future.”One business that Recover Canterbury hashelped is Haka Tours.Haka Tours owner Ryan Sanders could notbelieve it when, two days after buying aproperty with plans to turn it into an upmarketlodge, the September quake hit. Then just whenhe thought things were coming right, Februaryrocked around. The tourist industry in general,and Haka Tours, took a huge hit.“Haka Lodge wasn’t operational, we weren’treceiving any income from that, things werevery tight. It was a welcome relief whenRecover Canterbury came on board. It was a

light at the end of the tunnel.”Recover Canterbury helped Haka Tours preparea strategic plan and apply for funding from theCanterbury Business Recovery Trust. Thatfunding allowed Haka Tours to put in place anonline marketing campaign and, two monthson, the business is experiencing the benefits,with a 12% increase in website traffic and a15% increase in bookings.“We have lots of successes to celebrate, butwe also know there are more businesses outthere that need our help, especially as businessinterruption insurance comes to an end andthe traditionally quiet post-Christmas periodkicks in.“We urge you to get your clients to contact usnow, so we can provide them with the supporttheir business needs to revive and thrive, beforeit’s too late,” says Mrs Tschudin.Any business can ask for help from RecoverCanterbury and its services are free. For moreinformation go to www.recovercanterbury.co.nzor call 0800 50 50 96.

Recover Canterbury’s team of Business Recovery Coordinators.

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Malcolm Ellisthanks theprofessionKate Wilkinson arranged a meeting with theAttorney-General and Heads of Bench plus localJudiciary and us. The meetings took place onconsecutive Saturday afternoons at the airport.Allister never took a backward step during thediscussions and was never afraid to challengeMOJ assertions about likely restarts of the courts.Allister is still part of the negotiation team withMOJ and the Judiciary. He still continues toprepare the duty solicitor roster with assistancefrom Liz Bulger. It would be fair to say that Allister,with the outstanding co-operation from the localbench, ensured some continuity of court sittingsamongst the carnage.What he has done behind the scenes to helpso many, on so many fronts, will more than likelyforever go untold but you have my assurances,if you did not know already, you have beenserved so well by your President.My work life is centred around two groups ofpeople - our branch staff and you the profession.When you are confronted by what we have beenthrough since February and you want help toget you through, then I have been blessed.Many of you know Val, Sandy and Susan and,until she retired in April, Ann Gregg. Many ofyou know full well what they are capable of inthe work they do for the local profession as theyhave done for many years.They continue to be outstanding in what theydo and their care and kindness to the professionand members of the public continues to be atthe highest level. The way they just got on withsetting up a new office from nothing and gettingback down to work just reinforced to me thequalities of the individuals. I am privileged to beable to work with them.Finally to you, the profession. Canterbury hasalways had a marvellous reputation around thecountry as people who work together as aprofession. This quality has been to the fore inrecent months. The way you have gone aboutgetting yourselves operational again is nothingshort of outstanding and still you have foundtime to assist your colleagues in so many wayswhen asked.We, as a branch, could not have got by withoutthe help of the many go-to people from amongstyou who helped answer the tough questions.On that front I have to mention Lindsay Lloyd(thank goodness for the i-phone) and KimOloefse from the Property Law Section inWellington, always ready to assist on many ofthe complex property matters that keep comingthrough.I take this opportunity on behalf of us all at THQ(temporary headquarters) to thank you for yourpatience, understanding and generosity. We wishyou and your families a safe and restfulChristmas and New Year.

A number ofChristchurch legalfirms gave volunteerservice after theFebruary 22earthquake. Here are acouple of examples.Right, a Wynn Williamsteam prepare a sausagesizzle in Avonside and,below, Duncan Cotterillstaff clear silt in theeastern suburbs.

Law firms pitch inGrowing litigation team at Duncan CotterillGrowing litigation team at Duncan Cotterill

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On Monday 21 February 2011, alarge group of Family Lawpractit ioners gathered at theCopthorne Hotel on ColomboStreet for a seminar in respect oftrust issues and their interface withrelationship property, ablypresented by Gerald Nation.

Within 24 hours of that seminar the lives of allof Christchurch’s citizens and those insurrounding areas were changed forever in oneway or another.Life, however, has gone on. Law firms are nowspread far and wide across Christchurch, as arethe courts that we family law practitioners havebeen attending, the Airforce Museum atWigram, Riccarton Racecourse, Elmwood TennisClub, New Brighton Community Room, toname a few of them.There are signs though that family law practicemay be starting to return to a new normal. Withthe recent commencement of fixtures in theFamily Court in Armagh Street and the hopethat shortly all Family Court matters will be dealtwith in the Armagh Street Family Court venue.Throughout all of this, the local Family LawCommittee of the Canterbury-Westland Branchof the New Zealand Law Society, has managedto continue meeting, our first meeting occurringas early as 14 March 2011 and our convenor,Scott Fairclough, becoming the secretary andpreparing the minutes.

Meetings were initially held at Cavell Leitch’sunfitted out premises in Hazeldean Road,where we sat on chairs around trestle tables,whilst workmen scurried about in thebackground. The meetings have subsequentlymoved to the Law Society’s offices inHomersham Place, Burnside.The role of the Family Law Committee hasperhaps never been more important inensuring that there has been continued liaisonbetween the Family Court Registry, which nolonger has a public face, and with the Judiciary,some of whom in the early stages of the post-earthquake environment were dealing withurgent matters in their own cars, because theyno longer had Chambers of their own.Two key events that the Committee has beenheavily involved in this year were the 30thbirthday celebration of the Family Court andthe presentation of a mock trial to practitioners.An informal function was held at the BurnsideBowling Club on 29 September 2011, whichwas attended by upwards of 90 practitionersto celebrate the Court’s 30th birthday. Whilstit was a low-key affair in recognition of theFamily Court’s pearl anniversary, there was abrief speech by Scott Fairclough on behalf ofthe Family Law Committee, retelling how hebelieves that he in fact was the first lawyer inNew Zealand to make an appearance in theFamily Court back in October 1981.Judge Costigan then spoke about the role ofthe Court and regaled an entertaining anecdotearising out of evidence in a case that she hadheard some years ago concerning the lighterside of adultery (if there is such a thing!).Whilst it would have been great to have had amore formal event, such as a dinner, it has

been felt throughout the year, post 22 February,that many practitioners have been under stressand that a function of that nature has not beenfeasible. However, hopefully 2012 will dawnbrighter and we as family practitioners can enjoythe camaraderie and collegiality that we allshare in a formal social setting next year.On Thursday 6 October 2011 a group of so-called experienced family practitionerspresented a mock domestic violence trial. Thefeedback from those who attended werecomments such as, “the hearing was excellent”,“the presenters should be congratulated”, “ahuge amount of effort was put into this”, “agreat atmosphere was created”, and the onethat I will now be seeking sponsorship for, “thepresentation should be taken to other centres”.The Family Law Committee continues to workhard behind the scenes, to ensure that FamilyLaw practitioners’ needs are met, that there isliaison between local family law practitioners,the Registry and Judiciary, to provide forcollegiality between practitioners and with theodd social function thrown in.Hopefully next year there will be a further returnto a new normal. Instead of worrying aboutwhere we are working, whether or not we havea phone and how long will it take to get toCourt, that we can really start focusing back onour core business, which is helping our clientsthrough the legal aspects of the family lawprocess that they have each instructed us on.

Canterbury Tales is the official newsletter ofthe Canterbury-Westland Branch NewZealand Law Society.Publications Committee: Karen Feltham(editor), Brendan Callaghan and AlizaEveleigh.All correspondence and photographs shouldbe forwarded to: The Branch Manager,Canterbury-Westland Branch New ZealandLaw Society, Unit 1, 8 Homersham Place,Russley, Christchurch. P. O. Box 565Christchurch.Phone 358-3147, fax 358-3148. emailcanterbury-westland@lawsociety.org.nz.Canterbury Tales is published 11 times peryear. The deadline for editorial andphotographs is the 8th of the month.Disclaimer: Canterbury Tales is published bythe Canterbury Westland Branch NewZealand Law Society. The opinions expressedherein may not necessarily be those of theBranch and have not been expresslyauthorised. The Branch accepts noresponsibility whatsoever for any error,omission or statement.

Duncan Cotterill is further strengthening its national litigation team with the appointment ofthree new partners.Ayleath Foote, of the Christchurch office, has been promoted to partner. She undertakes HighCourt litigation and arbitration for commercial institutions and is regularly involved in issuesassociated with insurance, receiverships and liquidations as well as large professional negligenceclaims. Ayleath has also undertaken a number of complex high value mediations. She earlierworked in London for many years with magic circle law firm Freshfields Bruckhaus Deringer.Stephanie Grieve is an experienced civil litigator, with a focus on insurance and commerciallitigation, including insolvency. Previously a partner at Anderson Lloyd in Christchurch, Stephaniewill further strengthen Duncan Cotterill’s litigation team in Christchurch.Brian Nathan, formerly of White, Fox and Jones is a new litigation partner in Nelson. He has ageneral civil litigation practice with particular emphasis on construction, property and estatelitigation. Brian has extensive employment law experience. He joins Duncan Cotterill afternearly 10 years as a partner in a Christchurch firm.Chief executive Janice Fredric said it was rewarding to see the continued growth of the DuncanCotterill litigation team and the strength of the national team.

By Chris Fogarty

Family Law getting back to normal

Duncan Cotterill appointments

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Limited lookback on a yLack of social events has limited the number of photographs available for this year’s end-of-season

pictorial review. Would you believe there has been only one junior practitioners’ Boardroom Bash? Andthe designated photographer forgot to take his camera!

Nevertheless, a number of regular events did survive the upheavals of the February earthquake, andsome are depicted here. Hopefully, 2012 will bring a return to a fuller social calendar.

Bringing out Canterbury Tales has not been easy either, in fact impossible in March and the April issuewas largely in an electronic form (pdf). The biggest problem has been finding enough material each

month to fill 12 pages and the publications committee would like to express its grateful thanks to thosewho have made contributions.

We are indebted to these sources, particularly kindred journals in Auckland, Wellington and at theUniversity of Canterbury. Without their help Canterbury Tales may not have survived.

February 22, 2011, a day we will never forget. The aftermarth, from left, barrister Duncan Currie’s office,Provincial Council Chambers and Law Society Library.

Long-serving Law Society receptionist AnnGregg retired in April.

One thing the earthquakes could not disrupt was golf days. Left isAlec Neill who won the Hunter Cup in May and, right, CeliaBarker competing in the Devils Own at Methven in November.

The Young Huncame out on topand questionsett

Canterbury tales 7

year of major disruption

Twelve of the 13 new Canterbury legal executives whograduated in June.

nter team (Fat Kids Always Win at Seesaw) whichp at Quiz Night in August. Below is the quizmasterter Raoul Neave.

Right, Peter Benseman whodied in April. AndrewMcIntosh and GeraldDallison were otherCanterbury practitioners topass away during the year.Also Judge Michael Green,formerly of Christchurch.

Like many inner city practitioners, the localbranch of the Law Society and Library wasforced to relocate early in the year. Hereresearch librarian Mary Cain at her desk inthe branch’s new home at 8 HomershamPlace, Burnside.

™

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Ride gravity at TekapoThe only chance to experience the craze that hit northern holiday parks last summer is atLake Tekapo. New Zealand’s first summer tube ride is being installed at the Alpine SpringsHot Pools and Day Spa resort to give even more adventure options at the high altitudecomplex.Synthetic carpet, with the same slippery quality as snow, is being laid on the winter snowtube slopes. It will be serviced by a Magic Carpet conveyor lift, making it easy to get backup for another ride on gravity down the 150-metre slope. It should be ready to ride bymid-December — just in time for Christmas!The summer tube rides were such an instant hit in Europe and North America that thereare now more than 500 facilities there, but there are very few in our part of the world —only one in Australia (Melbourne).Alpine Springs is open daily (except Christmas Day) from 10am until 9pm for skating,three hot pools, day spa and café/bar. The skating rink in summer is great for rollers orblades. The hot pools are landscaped into the lower slopes of Mt John and look out overthe turquoise waters of Lake Tekapo.There are lockers, a sauna and steam room. The day spa is popular and offers one-waywindows from the treatment rooms. The complex offers a relaxed and family-friendlyenvironment, with plenty of outside tables by the rink, and excellent facilities.

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EducationProgramme

Canterbury-WestlandBranch/NZLS

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February 2012Christchurch

15 — Handling Intense Emotional Situations,9am-5pm, Chateau on the Park.15 — Buying a Property in 2012, 1-5pm,The George.

MarchChristchurch

9 — Time Mastery for Lawyers, 9am-5pm,Chateau on the Park.16 — Duty Solicitor, 2-5.30pm, venue to beadvised.20 — Section 21— Contracting Out, venueand time to be advised.

Out of ChristchurchStepping Up — Auckland, 8-10 March(Christchurch date to be advised).Rural Property Issues — Wellington, 9 March.Lawyer for the Child — Wellington, 14-16March.Mediation for Lawyers Part A — Auckland,16-18 March.Canterbury-Westland Branch

Social10 February — The NZLS Board will beholding its meeting with a Cocktail PartyFunction to follow.23 February — Family Law PractitionersCocktail Function. Watch out for a flyer inthe New Year.Junior Practitioner Bus Trip. This will now beheld in the New Year, look out for a flyerearly in 2012.

My last jokes for the year:Alex was five and all his Christmas presentswere always signed ‘from Father Christmas.’A little while after Alex had opened all hispresents on Christmas morning, we becameaware that he was looking quite down in themouth for no obvious reason.What’s the matter, Al?’ I asked.‘Ummmm, ‘replied Alex slowly, ‘I really hopedthat you and Mummy would give mesomething for Christmas.’Two bowling teams, one of all blondes andone of all brunettes, charter a double-deckerbus for a weekend trip to Louisiana. TheBrunette team rode on the bottom of the bus,and the Blonde team rode on the top level.The Brunette team down below really whoopedit up, having a great time, when one of themrealized she hadn’t heard anything from theblondes upstairs. She decided to go up andinvestigate.When the brunette reached the top, she foundall the blondes in fear, staring straight ahead atthe road, clutching the seats in front of themwith white knuckles. The brunette asked, ‘Whatthe heck’s going on up here? We’re having agreat time downstairs!’One of the blondes looked up at her, swallowedhard and whispered...‘YEAH, BUT YOU’VE GOT A DRIVER!

Allister Davis

President’scolumnContinued from Page 2

Canterbury tales 9

Comings& Goings

Library staff had hoped to return tothe Law Library in the DurhamStreet Courts building early in 2012.While engineers’ reports have recently declaredthe tower building safe to re-enter, the LawLibrary, which adjoins the tower, requiresground stabilisation and structural strengtheningbefore re-entry work can begin.We don’t have a time frame at this stage, exceptthat the necessary repair work will star tsometime in the New Year. We have to work onthe basis that it may be some time before wecan return to our Library in the Courts building.Library staff have had controlled access toretrieve items from the collection since theFebruary earthquake, however this access maybecome more restricted as remedial work iscarried out.8 Homersham PlaceMeanwhile we will continue to provide allLibrary services from our temporary location at8 Homersham Place. Core texts and loose-leafservices have been relocated to our temporarysite, and a computer is available for practitionersto access our electronic resources.The computer is in demand so it pays to contactus to book a time. The Library catalogue onthe Law Society website shows if a text is heldat Homersham Place.Documents delivered in the ‘cloud’Currently when you request Library research

Joined FirmJane Argyle (Argyle Welsh Finnigan), HeidiBadger (Canterbury Health Board),Sarah Duncraft (Godfreys), Joanne Kenworthy(Holcium,NZ.Ltd), Nicole Murphy (Malley & Co).Changed FirmLauren Adams (Duncan Cotterill to ChapmanTripp), John Luhrs (He Oranga Pounamu toRichmond NZ), Emily Whiteside (DuncanCotterill to Chapman Tripp).Moved onLucy Campbell (Chapman Tripp), Leroy Dickson(Malley & Co), Glen Henderson (barrister),Dianne Higgins (Timpany Walton).Change of statusCharlene Sell and Michelle Abernathy, associateswith Wynn Williams & Co as from 1 October2011.Ayleath Foote, partner with Duncan Cotterill asfrom 1 December 2011.Stephanie Grieve, left Anderson Lloyd, partnerwith Duncan Cotterill as from 5 December 2011.Garth Gallaway, retired from partnership(Duncan Cotterill) as from 9 December 2011.New firmMarcus Diprose Barrister, PO Box 33032,Barrington, Christchurch 8244, phone 021 424443.Change of detailsBrian Kinley, 81 Cashmere Road (cnr ValleyRoad), PO Box 28 022 Beckenham,Christchurch 8242, phone 331-7471, fax 331-7476.Taylor Shaw, 102 Cashel Street.Douglas Taffs (Westport), PO Box 405 Westport7866. No physical address.Craig Ruane, 121 Fendalton Road. All otherdetails remain the same.

or cases to be supplied, documents aredelivered to you as a pdf attached in an email.Early next year we will begin using secure filesharing software called Accellion. The softwareuses ‘cloud’ computing which will solveproblems with email attachment size limits andreduce email storage.So instead of accessing your request results aspdfs you will be sent an online link. You willneed to sign on the first time you use this formof document delivery, but only the first time.More information about Accellion early in 2012.Legal searchIf you are running out of time to do yourresearch, Library researchers can help. Researchis tailored to your individual needs, agreeddeadlines and costs. The charge is $40.00+gstper 15-min, plus photocopying. Email requeststo canterbury@nzlslibray.org.nzNew booksA monthly list of books purchased by the Libraryis available on the “New titles” page underLibrary on the NZLS website. The lists link eachtitle to the corresponding catalogue recordwhich shows where the book is held.New tit les recently purchased for theCanterbury collection include:Archbold: criminal pleading, evidence andpractice 2012, PJ Richardson (ed). Sweet &Maxwell, 2012;Ellinger’s modern banking law (5th ed).Ellinger, Lomnicka & Hare, Oxford UniversityPress, 2011;Environmental and resource managementlaw (4th ed). Derek Nolan, LexisNexis, 2011;

internet.law.nz (3rd ed). Judge David Harvey,LexisNexis, 2011;Limitation Act handbook. JC Corry,LexisNexis, 2011;Good faith and insurance contracts (3rded.). Peter MacDonald Eggers et al., Lloyd’s List,2010;Land acquisition (6th ed.). Douglas Brown,LexisNexis, 2009;New Zealand judicial review handbook.Matthew Smith, Thomson Reuters, 2011;Sale of land (3rd ed.). DW McMorland,Cathcart Trust, 2011.Holiday closureThe Library will close for the Christmas breakat 3pm Friday 23rd December 2011, re-opening Monday 9 January 2012 at 8.30am.Document delivery requests can be suppliedby the NZLS Library, Auckland from 4 January2012, email auckland@nzlslibrary.org.nzBest wishes to all for a safe and enjoyablefestive season from Julia, Mary, Theresa, Fionaand Sarina.

Library NewsBy Julia de FriezLibrarian

Survus Consultants, based in Christchurch, are one of Canterbury’s leading survey firms,having provided excellence in service and quality advice to property owners, investorsand other professionals from Timaru to Kaikoura and beyond since 1957.We take pride in our friendly and professional service. We can provide you withinformation on all surveying aspects of legal queries, we specialise in urban and ruralsubdivisions, and cater for boundary definitions, change of tenures, prescriptive titleclaims, AMF and Riparian river claims, and all property investigations.With a loyal and experienced staff, Survus Consultants are very much a team with theability to perform. With enough staff to cope with the largest of projects, we are alsosmall enough for each staff member to have some knowledge of every job. Personalservice is much a part of our culture, with each staff member readily accessible to ourclients required.

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Practice Notice

Over the past year employers have been called on to expand their usual duty of care andconcern for their employees. Sometimes this has occurred at the expense of their own careand recognition of their mental, emotional and physical depletion.Businesses have been adapting to a variety of working environments. These have been hardto get to, frequently creating impossible parking situations and difficult driving conditions.There is still a high level of vigilance about possible aftershocks, and many anxiously continueto dread another ‘big one’.Working from home has compromised business knowledge, processes and confidentialityin order to facilitate continued service and employment. This has been found to complicateseverance arrangements where the Employment Agreement is not very clear about Companyinformation and intellect property.This Christmas holiday season brings the festive spirit to the fore. The increase in alcoholconsumption as a post earthquake coping mechanism has only been exceeded by theincreased number of identified cannabis users in the workplace. The likelihood of riskydrinking at Christmas functions over the next short period poses the increased risk of: personalindiscretions, reduced tolerance to stress, excesses and inappropriate behaviours.The upshot of this may be occurring in your own workplace, and it will certainly be presentin the workplaces of your clients. So your clients may finally have to admit that they and/ortheir employees are struggling to cope. Identifying that their drinking or other copingmechanisms are now a source of harm and a problem in the workplace is a difficultconversation and management procedure.To ensure that there is a good drug and alcohol policy present in any organisation is bestpractice and exercises a duty of care, which continues to value a good employee once thecracks begin to appear.For information on your own behalf, or on behalf of a single client or a Company client talkto ELLIOTT CONSULTANCY, we specialise in all aspects of those delicate and difficult personal,management and performance issues in the workplace. For more information contact PhillipaElliott on 348-0804 or mobile 0274 777731.

A duty of care

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A gathering of the professionA hot nor’ wester and an open bar — what could go wrong? Nothing, ofcourse, when it is a gathering of the profession. After what has been, tosay the least, an interesting year a cocktail partyat the Westpac Hub was an opportunity for the profession to come togetherfrom the four corners of the city, to catch up and to welcome JusticeWhata and Associate Judge Matthews to Christchurch.It is difficult to imagine more unique beginnings to a judicial career thanbeing appointed to a broken city with sittings in places as diverse as hotelboardrooms, a racecourse and Wigram Airforce Museum.The genuine support for Canterbury was reflected in the attendance ofmany guests from around the country including Chief Justice Sian Elias,whose support for the provision of justice in Canterbury has beenunwavering. NZLS CEO Christine Grice, who has led from the front insupporting local practitioners, was also in attendance.Thanks are due to Allister Davis, Prue Robertson, Malcolm Ellis and theteam at Canterbury Branch HQ for organising the event. We are also verygrateful for the generous support of our colleagues from around the countrywho largely funded what was a very pleasant evening.

Grant Tyrrell

“Keep hands on hips, keep hands on hips, keep hands on hips”