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Inside: 2 President’s column 3 Minister of Commerce, Kris Faafoi, meets with local lawyers 4 Is your will relevant? 5 Obiter by Eason 6 Wine Trail for Young Lawyers 7 Judge Emma Smith's Farewell 8 The Swearing in of Associate Judge Lester 10 Final sitting of Judge Robert Murfitt 11 Education 12 Update from the New Zealand Insti- tute of Legal Executives, Canterbury Southern Districts Branch 14 Wine Options and Quiz Evening 15 Quiz Evening Questions 16 Quiz Evening Answers Canterbury tales February 2019 Vol. 25 No. 1 Judicial welcomes, farewells and promotions December was a busy month on the judicial calendar. There was a farewell function held for Justice Nicholas Davidson where he spoke of the profession and his time in it and all who attended gave him an exceptional send off. Judge Rob Murfitt had his final sitting where speeches relayed his 15 years on the bench as well as his time as a lawyer (article and photos on pg 10). Justice Rob Osborne was “promoted” to replace the vacancy left by Judge Davidsons’ retirement from the High Court (see photo above). Justice Dale Lester was appointed as Associate Judge of High Court. (See photo above and Peter Whiteside QC speech notes on pg 8) Congratulations to Judge Jackie Moran on her appointment as Principal Family Court Judge. A farewell was held for Judge Emma Smith who has transferred down to the Dunedin courts (photos on pg 7). Farewell to Harper: On a sadder note, Justice Rob Osborne’s dog Harper, who can be seen in the photo above sitting at the feet of Chief Justice Dame Sian Elias, has sadly passed away. Many of us will miss Harper’s friendly presence around the courts and local cafes and also miss sneaking the occasional “doggy cuddle”. 1

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Inside:2 President’s column

3 Minister of Commerce, Kris Faafoi,

meets with local lawyers

4 Is your will relevant?

5 Obiter by Eason

6 Wine Trail for Young Lawyers

7 Judge Emma Smith's Farewell

8 The Swearing in of Associate Judge

Lester

10 Final sitting of Judge Robert Murfitt

11 Education

12 Update from the New Zealand Insti-

tute of Legal Executives, Canterbury

Southern Districts Branch

14 Wine Options and Quiz Evening

15 Quiz Evening Questions

16 Quiz Evening Answers

Canterbury talesFebruary 2019

Vol. 25 No. 1

Judicial welcomes, farewells and promotionsDecember was a busy month on the judicial calendar.

There was a farewell function held for Justice Nicholas Davidson where he spoke of the profession and his time in it and all who attended gave him an exceptional send off.

Judge Rob Murfitt had his final sitting where speeches relayed his 15 years on the bench as well as his time as a lawyer (article and photos on pg 10).

Justice Rob Osborne was “promoted” to replace the vacancy left by Judge Davidsons’ retirement from the High Court (see photo above).

Justice Dale Lester was appointed as Associate Judge of High Court. (See photo above and Peter Whiteside QC speech notes

on pg 8)Congratulations to Judge Jackie Moran on

her appointment as Principal Family Court Judge.

A farewell was held for Judge Emma Smith who has transferred down to the Dunedin courts (photos on pg 7).

Farewell to Harper:On a sadder note, Justice Rob Osborne’s dog Harper, who can be seen in the photo above sitting at the feet of Chief Justice Dame Sian Elias, has sadly passed away. Many of us will miss Harper’s friendly presence around the courts and local cafes and also miss sneaking the occasional “doggy cuddle”.

1

V I N O F I N OPhoto CaptionEach month we have a photo caption competition where we invite you to submit a caption. The winner will receive two bottles of wine sponsored by Vino Fino (www.vinifino.co.nz, 188 Durham Street). Send your entry to the Canterbury Westland Branch New Zealand Law Society, P. O. Box 565, Christchurch. Or email to [email protected]. All entries must be received by February 15 2019. The winner will be announced in the next edition of Canterbury Tales.

President’s ColumnBy Grant Tyrrell

A Happy New Year to all – although by the time your read this, it is likely that Christmas is but a distant memory. I hope that there was an opportunity to relax over the holiday season with friends and family.

Law Courts signageIn November prominent signs were erected over the entrances to the Christchurch Law Courts designating them as such. In my view this is an important symbolic differentiation of the courts from the Police Station and other areas of the “Precinct”. If nothing else the community can now see that there are separate and distinct courts – as there must be in a democracy. The branch is very grateful for the support of the profession and the judiciary in making this happen. It is hoped that the “Justice and Emergency Services Precinct” designation, as applied to the Law Courts, will become redundant sooner rather than later.

Judicial changes December 2018 was highlighted by a number of special sittings, retirements and promotions.

There was a function to mark Justice Nick Davidson’s retirement. He spoke appreciatively of the profession and his judicial colleagues and offered a number of insights into the varied challenges – and insights into all levels of society – that he had encountered as a judge. Indeed his future voluntary work will be focused on assisting drug rehabilitation.

Justice Rob Osborne was “promoted” to replace the vacancy left by this retirement and Christchurch Barrister Dale Lester sub-sequently appointed as an Associate Judge

of the High Court. Both are outstanding and deserved appointments.

In that same week, Judge Rob Murfitt had his final sitting – a special sitting where, appropriately, best behaviour was not quite as studiously observed. After this side of 15 years on the bench, His Honour was looking forward to new adventures outside of the courthouse.

Judge Jackie Moran has been appointed as Principal Family Court Judge for a term (it is not clear whether there can be an appli-cation for parole) of eight years. Another excellent appointment Her Honour takes on the role as the Family Court is in crisis but she certainly has the skills to make a real difference to the court – which ultimately makes a difference to families, young people and children.

Judge Emma Smith has been snaffled, over objections of many in the Family Bar, by Dunedin. Canterbury’s loss is, however, Dunedin’s gain.

Although still with a short judicial roster, Judges Sarah Lindsay and Murray Hunt are now based in Christchurch with Family Court warrants. The branch welcomes them and hope that judicial shortages will soon be filled.

CongratulationsTo Simon Mortlock whose contributions to the community over many years were rec-ognised with a New Year’s Honour. Simon was appointed as a member of the New Zealand Order of Merit.

On a lighter note:One from the archives. In 2011 I recorded:

“The defendant pulled over whilst driv-ing from Timaru to ROLLESTON PRISON because she felt tired. She then took some methamphetamine before contin-uing her journey to ROLLESTON PRISON. When stopped at a checkpoint it was noticed that she was under the influence of a drug...”

The emphasis was mine. The client was not.

Last month’s winner

Sarah Bennett with:YES! They’ve got Speights at the Law Ball

Comings & Goings

Information for this column must be sent directly to the Canterbury-Westland branch due to privacy issues. We assume that by the firm supplying the information that the individual people have agreed to their names being published.Please send information regarding changes to firms or practitioners to [email protected] or [email protected].

Lisa Hermon has joined MDS Law. Lisa was previously with Taylor Shaw.

Margita Grins has left MDS Law.

Simon Stock has retired from the partner-ship of Simon Stock Lawyers. Naahi Taiaroa has taken over the practice and the new firm name is Taiaroa Legal. Email [email protected] , all other details remain the same.

Williams & Co has been purchased by Duncan Cotterill. Kerry Williams will con-tinue as a consultant for a period at Duncan Cotterill.

Mark Abbot (Gavin Mark Abbot) has retired from the firm of MDS Law.

Todd Nicholls, Barrister, Te Pohue Chambers, Level 1, 164 St Asaph Street, PO Box 1249, Christchurch 8140, Phone 420 7778 and 021 206104.

Abbie Hollingworth has left the Public Defence Service and Walker Street Cham-bers are pleased to announce she has joined chambers as an employed barrister.

It was great to have a constructive visit with a number of insurance lawyers and Minister of Commerce Kris Faafoi to discuss the Insurance Law Review. There was hardly any finger pointing...

There are clearly special lessons to be learned from Christchurch. While some insurance issues were predictable (like the need for clarity around limitation periods) there were a lot of other key issues which can now be addressed.

However, just as important were the sto-ries recounted of the difficulties faced by the people of Christchurch which stressed the importance of a review of this area of the

Minister of Commerce, Kris Faafoi, meets with local lawyersBy Dr Duncan Webb MP

law and emphasised the human side of what can appear to be a technical area of the law.

There is a genuine desire to get insurance right and a sense that the crucible of the Christchurch earthquakes might have some real benefits in that endeavour. There is likely to be a follow-up meeting once the reforms are taking shape to ensure that there are no opportunities for improvement missed.

It is great to be able to use my connection with the Canterbury profession to feed in to the policy making process in areas like this. I have previously hosted the Minister of Justice Andrew Little who discussed the Family Court reforms with practitioners.

▲ L to R: Dr Duncan Webb MP, Sophie Goodwin, Grant Tyrrell, Hon Kris Faafoi MP

Canterbury tales is the official newsletter of the Canterbury-Westland Branch New Zealand Law Society. Editor: Zylpha Kovacs. If you have any stories or ideas please contact Zylpha on 03 3669184. Any other queries can be forwarded to The Branch Manager: P 03 366-9184 F 03 366-9977 E [email protected] The Branch Manager, Canterbury-Westland Branch New Zealand Law Society, Level 1, 307 Durham Street, Christchurch. PO Box 565 Christchurch, DX WX 10074. Canterbury tales is published 11 times per year.

Canterbury talesAdvertising$35 per column/cm exclusive GST.Contact: Jim KennedyE [email protected] 03 342-5457 M 027 577 7139Disclaimer: Canterbury tales is published by the Canterbury-Westland branch New Zealand Law Society. The opinions expressed herein may not necessarily be those of the branch and have not been expressly authorised. The branch accepts no responsibility whatsoever for any error, omission or statement.

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February · Vol. 25 No. 1 · Canterbury tales

Andrew Nuttall.

Is your will relevant?By Andrew Nuttall

Over the last 30 years I have met with many prospective clients who do not have an up-to-date will. How much family tension have you seen that could have been avoided if clients had taken more care with their estate planning?

We have all come across people who need a will but are reluctant to contemplate their demise. We are all, however, going to need a will and having a relevant one makes it easier on those left behind. The inability to admit that their death will occur cannot be the only reason many are reluctant to have an up-to-date will. It has to be something more than that. Historically, some lawyers have often given wills away for nothing – a mistake in my opinion by the way.

Has this created a reluctance to pay for what is a valuable service?

Why is it that people fail to address their estate planning appropriately?» Have you subconsciously determined

the objections to paying for a will are too pronounced to justify spending sufficient time with your clients to help them think

carefully about their estate planning?» Are your clients failing to recognise the

value and peace of mind they will gain by having well-drafted wills and estate plans?

» Are you not recognising or underesti-mating the value and peace of mind you provide your clients by encouraging them to think about their estate planning?

» Has the importance of having an up-to-date and well-drafted will been under-mined by offers of “free” wills?

Wills are one of our most important documents, we are all going to need one.

Below is a list of, what I hope are, helpful suggestions that I have picked up over the years from estate planning lawyers:» Have your client list their assets and lia-

bilities, family members and any friends or organisations they might want to recognise – this may help them realise quite why they do need a will.

» Ask your client the following question. “If you had passed away yesterday what would you want to see happen to your assets tomorrow?” There is nothing like

confronting your own mortality to get us thinking.

» Ask your client who would be the best people to be respon-sible and ensure their assets ended up in the right hands and their wishes are implemented? The prospect of their incompetent uncle making decisions can create some intent.

» Do not post out a draft will and wait for it to be signed and returned. Many people have neither the ability nor inclination to read a legal document – it ends up sitting on the kitchen bench, unsigned. Why not, at the conclusion of your initial meeting, make a time to meet again – a call to action and a commitment to do something all in one?

» If your client is reluctant to sign the newly-drafted will, urge them to do so as it is likely to be better than their existing, out of date, will or the non-existent one. Years ago an experienced estate plan-ning lawyer recommended this course of action because they maintained that if it is not quite right, clients will be more motivated and likely to return to get it right.A number of lawyers have told me they

feel that many clients are reluctant to pay a fair and appropriate fee for a new will. Maybe the client is not seeing the value in your time and advice but perhaps the real issue is in your mind. Are you recognising the value that you are adding?

Andrew Nuttall is an authorised finan-cial adviser with Cambridge Partners, an independent and fee only advisory firm in Christchurch. Andrew has worked with members of the legal fraternity for nearly 30 years. His disclosure statement is avail-able on demand and free of charge.

www.cambridgepartners.co.nz Telephone 364 9119.

T: 09 303 5278 E: [email protected] W: adls.org.nz/cpd

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Canterbury tales · February · Vol. 25 No. 1

CelebrationsWhat a grand time the profession had celebrating our 150 year celebration with a dinner, formal photograph and the Gala Ball. Fortunately, I was able to attend each of the above functions. All were a great success.

The dinner was marked by incredibly good speakers and speeches. The ball was also quite incredible because it had neither. The Gala Ball was huge with entertainment assisted (surprisingly) by some of the earnest dancers from Layburn Hodgins, who made every effort to launch into the aging mosh pit. Others benefitted from self-regulation.

The photograph ‘sitting’ was remarkable in that it reminded a number of participants of their early school days.

Primary school outdoor events were often rain or shine activities, so the stand in the rain assumed that we had remained hardened from those earlier times. There was a touching effect in that a woman (with some residual youth still evident) tried to direct the behaviour of those to be photo-graphed. The problem was, of course, that the hand held 1950s model of device of mass communication was never clear. The words were always inaudible. In school days this provided the perfect excuse.

Fortunately/unfortunately we all survived but had to revert to hot water bottles and a Johnnie Walker ‘fix-up’. No vacant positions at the Bar, or for that matter at the Bench, have resulted.

Cross-fitI recently became aware of new type of competitive sport, it’s called ‘cross-fit’. I had not really had the courage to dwell on this activity thinking that it had something to do with wearing clothes that belong to other people. I became concerned with my misconceptions because I had several people disclose to me that they were into cross-fit. These people all seemed to be quite regular. A young ‘hope to be practi-tioner’ said that he used this form of activity on most weekends. He saw the perturbed look on my face and asked me directly if I knew what sort of activity this was. I had to say “no I didn’t”. I was then informed of a veritable army of people throughout New

Zealand who engage in fitness across all athletic disciplines. I even searched Google (my sometimes reliable informant) and realised with greater peace of mind that all this was true.

CatsI thought I had to mention cats after I heard a song on some radio programme refreshing my memory of the story of “The cat came back the very next day, the cat that would not go away”.

We once lived, as you will know, in a property close to the Summit Road in Lansdowne Valley. One of the drawbacks was that people seemed to dump their unwanted cats on the Summit Road and the abandoned would then travel downhill to houses etc. On most occasions we knew what to do with those cats. Of others, par-ticularly if a cat was particularly friendly and was dependent upon a selfish relationship with people, we would be restrained. On one occasion a prized little fellow called ‘Zanie’ arrived. It became quite apparent that this was a cat which needn’t face the same fate as his feral cousins. Once this cat had been around for a few days we thought of having it re-housed. An arrangement was made with generous hearted people with a small farm in Ladbrooks. They agreed to take on the cat. One day we enticed the cat with its meal into a small cage and set off for Ladbrooks. After we returned home for two days it was nice to not have the cat. When we thought of the re-housing success, a warm flood of satisfaction followed.

There was a knock at the door, on the third day, by neighbours who lived close to the Summit Road. They described a cat to us which was missing. It was remarkably similar to the cat that had been re-housed. We shared that, indeed, the cat had been around but we hadn’t seen it for several days and we did not think that that was uncommon behaviour for the cat.

When they left the property we imme-diately rang our friends, fortunately the re-housed cat was sitting in their lounge. We asked them to detain the cat while we found the cage, got in the car and retrieved

it. Our telephone message to our neighbours a few hours later was joyfully received, “the cat has come back”. Within a matter of 20 minutes or so our neighbours had crossed the paddocks and leapt the fences and took the cat into their loving embrace. The neighbours were anxious to discover more factual information, the best we could do was to say that the “cat came and went quite a lot”.

ChristmasRecently my wife and I were in Hawaii. As those of you know it is a picture perfect paradise when you get away from the cities. However, the cities do have their attractions. I was in Macy’s chain of cut price clothing deals and was surprised by a rendering of a Christmas song White Christmas. I was surprised that Christmas was coming along that quickly (in the tropics things often occur before they should … so Teresa Penman says). The song was not being sung by anyone trying to imitate the Chelsea golden syrup croon of Bing Crosby. This was an edgy barking singer who pumped out every word. I realised that no matter what the songs’ words meant this was not a person who was in the habit of writing any Christmas cards. The song crunched to an end before I made my decision on what gaudy T-shirt should be purchased for a family member. It was a very troubling performance, sung I thought by somebody who may well have been some kind of supremacist.

A day or so later (still in premature Christmas mindfulness) we were travel-ling through a small bay which was called Naveda. In the middle of the township there was a brand new notice which simply read:

Within about five seconds of reading that a lifetime problem of mine was solved. There is a Christmas song about that sign and until then I never knew what the foreign words meant.

Obiter by Eason

PoliceNaveda

5

February · Vol. 25 No. 1 · Canterbury tales

On the 24th of November 2018, a busload of young lawyers from around the Canter-bury-Westland region embarked on the annual wine tour.

The day started promptly at 11am with a concise safety briefing from the party bus driver – “respect the bus”, “you can start as soon as we are out of the city” and “the poles in the bus are strong if you are thinking of using them”.

Our first winery was Waipara Springs in North Canterbury. We huddled in the tasting room for six tipples – riesling, sauvignon blanc, chardonnay, gewurztraminer, pinot noir and merlot. The close proximity was a great catalyst to get to know people and our hosts provided great insights into the elements that made each wine distinct.

Next, we headed to Torlesse Winery for cheese platters and further tastings. Their servings were generous and I would highly recommend the Cassis – a blackcurrant port – it was a favourite for many. After the tastings, we had a scrumptious lunch, as it was time for substantial food.

The last stop for the day was Terrace Edge Vineyard. Before the tastings began, many of us spent some time in the vineyard’s back-yard, soaking in the beautiful sight of rolling hills and sheep. No doubt this vineyard had the winning views and, dare I say it, the best tasting wines.

In between destinations, the young law-yers kept themselves occupied on the party bus by drinking merrily, singing loudly to songs such as Eminem’s Lose Yourself and Bon Jovi’s Livin’ on a Prayer, cracking Christ-mas crackers and consuming tasty treats.

After acquiring some wine wisdom, the party bus dropped its connoisseurs into the heart of the city, where many continued personal wine tastings.

A great end to the 2018 Young Lawyers events calendar!

Wine Trail for Young LawyersBy Melissa Vandeyar

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Canterbury tales · February · Vol. 25 No. 1

Photos From Judge Emma Smith’s Farewell

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February · Vol. 25 No. 1 · Canterbury tales

May it please Your HonoursI feel privileged that the New Zealand Bar

Association has asked me to speak on behalf of its 1100 members on the occasion of the swearing in of Your Honour Judge Lester. I thank my learned friend Jonathan Eaton QC, the Vice President of the Bar Association, for inviting me to perform this role. Judge, since I joined Canterbury Chambers three years ago I have come to value you not only as a professional colleague but also as a dear friend. I have been able to observe at close quarters your skills and attributes which make your appointment to the High Court bench so appropriate.

The New Zealand Bar Association warmly welcomes your appointment and congratu-lates you. You served as a member of the bar council for three years until September this year. The President of the Bar Association for the majority of your term of service on the Council was Clive Elliott QC who passes on his best wishes and sent me this message yesterday.

“Dale Lester, as he then was, was elected to the Bar Council in 2015. As one of the two Christchurch reps, his Honour represented the local Bar with distinction and will be remembered for his typically understated but highly effective brand of getting things done, effectively but without fuss.

“I am confident that his sound legal instincts, common sense and good old-fash-ioned decency, which all fellow members of the Bar Council so highly valued, will stand him in very good stead for his new role on the bench.”

Another important role Your Honour performed for the Bar Association along with Jonathan Eaton was the training and mentoring of Canterbury young lawyers in the National Young Lawyers Mooting Com-petition which led to the Canterbury teams winning that competition in both 2015 and 2016. You have also significantly assisted the University of Canterbury School of Law in the judging of mooting and other competitions over many years.

Judge Lester, in looking at your many personal qualities which will make you an excellent judge, I have no doubt their foundation lies in your upbringing. You are well grounded in a fine family which means so much to you. Your father Brian, on the dot of 12 noon every Friday, when you were in chambers, would walk along the passage way to your room. I should explain in Canterbury Chambers there is no receptionist, so people can wander in unannounced. On arrival at your open door Mr Lester would politely knock on it and then off to lunch the two of you would go.

The close bond between you was obvious to any casual observer. I understand when you told your father last week that you had been appointed a judge, his response was that that would not prevent your assisting him with the cutting of firewood on Saturday. Humility, which is such a fine quality for a Judge to possess, is in your DNA.

The talents and achievements of your wife Pip and children Stephanie and George about which you are so modest and unforth-coming, will never permit your being given extra latitude at home as a result of your new status.

As the Chief Justice has observed, in taking up judicial office Your Honour has gone a full circle after working for two years as a Judge’s clerk in the High Court at Christchurch in 1991 and 1992. One of the Christchurch judges at that time with whom you worked closely was the late Justice Neil Williamson. You often refer to his wisdom and insight into the law that he shared with you. One of the great attributes of that judge was his compassion. Amongst your many qualities that make your judicial appointment so appropriate, I would place compassion at the top of the list.

David Stanley Heenan was a litigant known to almost certainly all of Your Honours. He was a man who tried to sue the Queen, 14 judges, 25 lawyers and many others. He was declared a vexatious litigant in 2009. Mr Martyn has already spoken of your legal contributions in the Heenan litigation, but I want to address a different aspect of your dealings with Mr Heenan.

David Heenan was once a wealthy man. His problems started with dishonouring a $20,000 cheque leading to his bankruptcy and ending with his death as a pauper earlier this year.

Your Honour had a series of ongoing appointments as amicus for Mr Heenan and in addition assisted him entirely on a pro bono

The swearing in of Associate Judge Lester

By Peter Whiteside QC

Speech for the New Zealand Bar Association, 19th December 2018

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Canterbury tales · February · Vol. 25 No. 1

basis over many years on various matters. He was one of the very few people who failed to act on your oft-repeated advice to lawyers and clients and I quote “do not piss off the decision maker”. I am very surprised Mr Tyrell apparently did not have the courage when he canvassed “Lester’s Laws” to refer to this primary Lester Law.

But in acting as Mr Heenan’s amicus you formed a bond with him so that you became the only person in the law he trusted. Your compassion was amply demonstrated when he frequently turned up in chambers unannounced often on a busy Friday afternoon. He would wander down the passage to your room and if you were there you would always invite him in and assist him with his current grievance or matter of concern. This took countless hours of your otherwise chargeable time. Your last project for Mr Heenan was dealing with the Ministry of Social Development to try and get assistance for him to move into a rest home as his health failed. Unfortunately,

before that goal could be achieved, he died overnight sleeping in his car which was his home. At the time of his death Judge you were about the only person in the world who cared about David Heenan. What remarkable compassion.

Time does not permit me to articulate fully all your qualities, Judge, that make your appointment so appropriate and welcomed by the entire legal profession. You have been the go to person or sounding board amongst many South Island legal practitioners to pro-vide feedback in respect of ethical matters, their dealings with other lawyers, career advice or professional liability issues. All members of Canterbury Chambers including the Silks will miss the opportunity to share legal problems with you. Unless you had a client with you, your door in chambers was always open to your colleagues. Every day one or more of the younger members of chambers would be in your room discussing draft proceedings or legal and tactical issues.

In my view it would be very hard to find a

legal practitioner who would say a bad word about you. Your popularity and esteem in the profession is reflected in the numbers of lawyers who have come to court today despite the time of year and the appalling weather. They come not merely as your former colleagues, not just out of a sense of loyalty but primarily as your friends.

As Associate Judge, you will have frequent dealings with younger members of the pro-fession as they make their first appearances in the High Court. I have no doubt you will continue to mentor and provide huge wisdom to new members of the profession as they embark on careers in this court. In that important regard you have not been lost to the profession.

Judge, you are also a black letter lawyer. Your knowledge of case law in your areas of expertise is vast. But you have far more than technical legal knowledge in your toolkit. You have a complete understanding of the merits and commercial reasonableness of a dispute that makes your judgment so sound and balanced.

Sitting as an arbitrator and appearing in court as rival counsel, I have observed your skills as an advocate. You have always followed the advice of another Judge for whom you clerked, Justice Tipping that the touchstones of advocacy were focus, brev-ity and persuasion. I predict Your Honour’s judgments will be models of focus and brevity.

Lastly (and I repeat not a complete list) I come to integrity. To quote Sir Francis Bacon speaking of a legal colleague “integ-rity is your portion and proper virtue.” Your Honour, integrity has been the hallmark of your practice. The bar has complete con-fidence you will honour the solemn oaths you have taken today.

So, Your Honour, you take with you to your new office, the goodwill of all mem-bers of the bar. We wish you a judicial life which will occupy the full span, currently of 17 years. We know you will have a highly successfully judicial career and we express the hope your appointment as an Associate Judge is only a stepping stone.

May it please the court.

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February · Vol. 25 No. 1 · Canterbury tales

A special sitting of the District Court at Christchurch was held on 19 December 2018 to mark the retirement of Judge Robert Murfitt. There were judges of all the Christchurch jurisdictions in attendance, from the High Court, District and Family Courts, Employment Court and Coroners’ Court. There were also retired judges of the High and District Courts present, along with many members of the legal profession and court staff. The ceremony was presided over by Chief District Court Judge Doogue, and the newly appointed Principal Family Court Judge, Judge J Moran, was also in attend-ance. Judge Murfitt’s wife, Denise, and many members of his family, were present for the occasion.

There was an initial address by Judge Doogue, following the karakia timatanga

Final sitting of Judge Robert MurfittBy Carolyn Browne

presented by the staff of the Māori Land Court. Addresses were given by Grant Tyrrell, Siobhan McNulty, Peter White-side QC, and Judge Paul Kellar. There were numerous tales told of Judge Murfitt’s exploits, both while in practice in Christchurch and following his appoint-ment to the bench in 2004, including stories of some of his interactions with parties, counsel and defendants in court, his support of the documentary Hiding Behind the Green Screen while he was on the bench in Taranaki, and reference to his second career as a children’s author.

His Honour responded to the speakers before the ceremony ended with a kara-kia whakamutunga, and all those present were invited to the informal get-together in the atrium of the court building.

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Canterbury tales · February · Vol. 25 No. 1

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Phone Leonie 021 205 [email protected]

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Christmas functionChristchurch members celebrated the end of another busy year at the Chi Kitchen on 29 November 2018 with 43 members and three non-members attending. Ivy Pack, a founding member of the branch and a life member of the Institute, attended as our guest along with her husband Alby. It is always great to hear Ivy’s stories. There was lots of laughter and chatter as we enjoyed a banquet meal.

Seminar newsThe branch is looking forward to another busy year and plans to hold five seminars in Christchurch. Each seminar is 1 CPD hour.

Our first seminar is on ‘Obtaining Finance via a Mortgage Broker’ to be held on 20 February at Burnside Bowling Club. The presenter is Brent Findlay of Loan Market. Attendees will learn about:» Finance applications made via a mortgage

broker;» Advantages of using a mortgage broker;

and» How to work together.» The seminar is $35 for NZILE members

and $50 for non-members.

SocialA social event is held on the third Thursday of every month being either a catch up for a wine, or an activity. Some of the activities we are planning for this year are ten-pin bowling, a movie night and a quiz night. And, of course, we will also have the mid-year and end of year dinners.

Update from the New Zealand Institute of Legal Executives, Canterbury Southern Districts BranchBy Pam Harliwich

▸ Alby and Ivy Pack

Malcolm Wallace

Malcolm is available to accept appointments as an Arbitrator or Mediator. To discuss terms of appointment and availability contact Malcolm on:[email protected] 03 3796 976 027 260 3431

AMINZ Fellow (Arbitration)BARRISTER

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Canterbury tales · February · Vol. 25 No. 1

Commercial, Property and Trust Lawyer Associate/Senior AssociateTaylor Shaw are looking to appoint a new talented Associate/Senior Associate in the Commercial, Property and Trust space to work alongside the Principal, Ingrid Taylor and a hardworking and accessible team of solicitors, legal executives and support staff.

• Fulltime permanent position to start in April 2019.• Minimum of 5+ PQE in a similar role.• You must have great interpersonal skills, be client focused and be able to competently and auton-

omously manage files.

Your days will be filled with a range of different files and matters, therefore you will require significant experience in commercial and Property law, including leasing, franchising, unit title and residential subdivisions and conveyancing, opinion and research writing, contract drafting and advising, as well as an in-depth knowledge of Trust and Estate law.

Junior Solicitor – Civil Litigation and EmploymentWe are looking for a junior solicitor (1-2 years PQE) to work in our civil litigation and employment team. You will be working alongside three other solicitors and, in addition, will provide support to our family law specialist. We can offer you the opportunity to:

• Work on a diverse range of interesting files;• interact and work directly with clients and appear in Court;• grow as a solicitor and make great connections;• progress into more senior positions and develop a valuable practice;• join a fun, hardworking and growing team; and• be a part of a social and friendly firm.

Your days will be filled with a varied range of files and matters, including:• Providing advice and representation on civil disputes arising through company law, insurance law,

trusts and estates, commercial disputes; and property law disputes;• Providing employment law advice and representation to employers and employees, including in

mediation and hearings before the Employment Relations Authority and Employment Court; and• Advising School Boards of Trustees and individual teachers on issues arising in the education space.We are looking for someone who:• Is driven and keen to develop their own practice;• Is confident and articulate;• Is willing to learn;• Has a keen eye for detail and takes initiative;

• Will thrive in a team environment.

Conveyancing Manager PositionSolicitor PQE 4 years or Senior Legal Executive – Taylor Shaw - Full timeTaylor Shaw is a third generation legal firm which has been a trusted advisor to Canterbury individuals and businesses since 1933.We are looking for a Conveyancing Manager with proven experience to lead the Conveyancing Team. You will be working with existing clients with a view to developing those relationships and delivering an excellent customer experience.The ideal candidate would possess the following skills:

• An ability to independently manage files from start to finish• Excellent relationship management skills• Professionalism and strong time management• Great work ethic, flexibility and a team player• Client-focused

Taylor Shaw is widely regarded as a modern boutique law firm situated in new Victoria Street offices in Christchurch CBD. Taylor Shaw’s team of lawyers are specialist experts in their fields whose core purpose is to enrich clients’ lives.The culture is close-knit, hardworking, social and dynamic and we pride ourselves on developing strong ties with our clients, often spanning generations.Taylor Shaw can offer to the right person a clear career progression pathway, a variety of professional development opportunities and generous remuneration.

If you are interested please forward your CV to [email protected] or call Hilary on (03) 379 4114. Applications close 22nd February 2019

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February · Vol. 25 No. 1 · Canterbury tales

The annual wine options and quiz evening was held on Wednesday 21 November 2018 at St Barnabas Church Hall, Christchurch.

Eleven teams competed this year which was a good turnout despite the time of the year and the 150th celebrations which took place in October.

The team from Walker Street Chambers (The Street Walkers) took the cup for the overall winner with a combined total of 69½

Wine Options and Quiz Evening

▲ Members from Winning team – The Street Walkerspoints, with runners-up Christchurch City Council (Habeaus Corkus) on 63 points.

There was a tie for first place in the Wine Options Quiz between Grape Expec-tations (Mortlock McCormack) and Jerez La Vie En Rose (Te Pohua Chambers). An extra question was asked of both teams with Grape Expectations being the first to answer correctly and therefore taking out first prize.

We wish to thank Judge Neave who com-pered the event in his usual style and took on a dual role this time as DJ for his music related questions. We also wish to thank Rex Ormandy and his team from Vino Fino for organising and presenting the very popular wine options segment of the evening. We cannot thank Rex and his team enough for their generous spon-sorship for this event which remains to be as popular today as it was some 21 or so years ago when Claire Yardley and John Sullivan from the then Public Relations Committee organised the first event.

We are always open to new ideas to make this event even more successful. If you have any suggestions, please feel free to email [email protected].

We look forward to seeing you all again next year. (See pg 15 for Quiz questions and pg 16 for answers).

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Canterbury tales · February · Vol. 25 No. 1

Round One(a) In a Game of Thrones, who is the

mother of the Dragons?(b) Which NRL team is nicknamed the

“Dragons”?(c) Which brothers were among the found-

ing members of the group?(d) Who is playing the latest incarnation of

the Girl with the Dragon Tattoo?(e) What is the link between this act and

dragons?(f) Who is this?

Round Two(a) What is significant about the words

uncopyrightable / dermatoglyphics?(b) What links the word facetiously and

abstemiously?(c) If I were to say “it’s the biggest word

you ever heard and this is how it goes, how does it go?

(d) Who wrote this song?

Round Three(a) This year Tim Price won the Burghley

Horse Trials following his wife Jonelle’s win at Badminton earlier in the year. Who were the last couple to achieve this feat?

(b) Judge Jane McMeeken and Judge John McDonald both share what sporting distinction?

(c) Who were the first married couple on the New Zealand High Court bench?

(d) Tennis power couple Steffi Graf and Andre Agassi have won how many Grand Slam Titles between them?

(e) Which famous British pop star was once married to a member of the Bee Gees?

Round Four(a) The first musical to win the Pulitzer

Prize was a political satire called “Of thee I sing”, who wrote the songs?

(b) Which pop star recently urged people to vote in their home state of Tennessee?

(c) Which comic actor went door to door canvassing in Georgia?.

(d) Democrats lost four Senate seats – name any two of the states.

(e) Who is most likely – although by no means inevitably – to be the Speaker in the next Congress?

Round FiveAs we know this year is the 150th anniversary of the C.D.L.S. A number of other things happened in 1868?

(a) What happened to President Andrew Johnson which is of particular signifi-cance and resonance today?

(b) What public event was ended by the British Parliament?

(c) On December 29 the world’s first what was installed in London on the corner of Great George Street and Bridge Street?

(d) Thomas Edison applied for his first patent an electronic device to record what?

(e) The Emperor Meiji decreed that the city of Edo was renamed what?

Round Six(a) How many seasons of New Zealand

Dancing With The Stars have there been?

(b) How many won by men?(c) This year Aaron Gilmore partnered

Samantha Hayes to a win he previously won with who?.

(d) Which winner is now an M.P.?(e) Who should have won this year?

Round Seven(a) Which Prime Minister appointed Sian

Elias as Chief Judge?(b) Which is the only main centre not to

have had a Chief Justice appointed from its bar?

(c) Who was the first New Zealand Chief Justice?

(d) Which law firm produced successive Chief Justices?.

(e) Who is the only person to have been both Chief Justice and Prime Minister?

Round Eight(a) Which country was the first to have a

female Prime Minister?(b) What was her name?(c) Who was the first female Prime Minister

to be succeeded by another female Prime Minister?

(d) Who was the first female Prime Minister not to have been the wife or daughter of one of her predecessors?

(e) One of the contributing factors to Mrs Thatcher’s downfall was the resignation and subsequent critical speech of Sir Geoffrey Howe. This is somewhat ironic given that Denis Healey once described an attack from Howe as like being sav-aged by what?

Round Nine(a) What numbered Hollywood version of

A Star is Born has just been released?(b) Name the female leads in each of

them?(c) Name the male leads?(d) The female lead in the 1970s version

won the Academy Award for which song?

(e) Who directed the latest version?

Round Ten(a) 2018 was a significant year for the

Kereru. Why?(b) Who wrote and sang about Poisoning

Pigeons in the Park?(c) Pigeon Pie a wartime novel about

spying, was written by which famous comic novelist?

(d) Pigeon’s blood is a description for what valuable item?

(e) What was awarded 54 times between 1943 to 1949 to 32 pigeons. 18 dogs, 3 horses and a ship’s cat. The first three times to pigeons.

The Questions

Alzheimer’s Canterbury Inc has recently changed its name to Dementia Canterbury Inc.

Lawyers in Canterbury or the West Coast who become aware of any bequests to be distributed to Alzheimer’s Canterbury Inc can ring Dementia Canterbury Inc at 0800 444 776 or write to PO Box 20567, Bishopdale, Christchurch 8543.

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February · Vol. 25 No. 1 · Canterbury tales

Debt Recovery, Process Serving, Tracing & Investigations

Mobile 021 413 002 • Tel 03 310 2242PO Box 447, Rangiora 7400, New ZealandDX - wp29501

Licensed Private Investigator, Security Consultant & Debt Mediator

0800 463 578Debt Recovery, Process Serving, Tracing & Investigations

Mobile 021 413 002 • Tel 03 310 2242PO Box 447, Rangiora 7400, New ZealandDX - wp29501

Licensed Private Investigator, Security Consultant & Debt Mediator

0800 463 578 [email protected]@c2c.nz

Round One(a) Daenerys Targaryen(b) St George Illawarra(c) Hunter brothers (Todd and Marc)(d) Claire Foy(e) Captain and Tennille – the Captain’s

name is Daryl Dragon(f) Imagine Dragons

Round Two(a) They are the longest words in

English that don’t repeat a letter Uncopyrightable – An uncopyrightable song, for example, would not be eligible for copyright. This word has fifteen letters Dermatoglyphics – the study of skin markings or patterns on fingers, hands, and feet, and its application, especially in criminology.

(b) All the vowels are in alphabetical order.(c) Supercalifragilisticexpialidocious(d) The Bee Gees

Round Three(a) Princess Anne and Captain Mark Phillips(b) Both New Zealand basketbal l

representatives(c) Ellen France and Simon France JJ(d) 31(e) Lulu

Round Four(a) George and Ira Gershwin(b) Taylor Swift(c) Will Ferrell(d) Missouri, Florida, North Dakota, Indiana(e) Nancy Pelosi

Round Five(a) He was impeached(b) Public hanging(c) Traffic signal(d) Votes(e) Tokyo

Round Six(a) 7(b) 3(c) Lorraine Downes(d) Tamati Coffey(e) Chris Harris

Round Seven(a) Jenny Shipley(b) Christchurch(c) Sir William Martin(d) Bell Gully(e) Sir Robert Stout

The Answers

Would you like to gain more satisfaction from your work?

Professional Supervision is a formal process of professional support and development. It involves review, reflection, critique and development through interactive dialogue, between the supervisor and supervisee, with the aim to focus, refresh and refine professional practice. Undertaking regular professional supervision is beneficial at any stage of your career and will assist you in gaining more satisfaction from your work.

Madeleine Hawkesby (LL.B, B.A) is now offering professional supervision for lawyers. For more information contact Madeleine: email: [email protected] phone: 021 495 993

Email or call us for more details. Phone 03 348 6960Email [email protected]

Reaching those who can’t reach out

Anglican Care provides critical social services in the Canterbury area:

• The City Mission• Anglican Living (Care of the Aged)• Community Development• Anglican Care, South Canterbury

We do this vital non-denominational work with financial support from the community. This includes bequests. Can your clients help us to help others and leave a lasting legacy?

Round Eight(a) Sri Lanka(b) Mrs Bandaranaike(c) Jenny Shipley(d) Golda Meir(e) Dead Sheep

Round Nine(a) 4(b) Janet Gaynor, Judy Garland, Barbara

Streisand, Lady Gaga(c) Frederick Mason, James Mason, Kris

Kristofferson, Bradley Cooper(d) Evergreen(e) Bradley Cooper

Round 10(a) It was named Bird of the Year(b) Tom Lehrer(c) Nancy Mitford(d) Ruby(e) Dickin Medal

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