Canterbury tales

Canterbury Westland Branch New Zealand Law Society September 2015, Vol. 21, No. 8

Canterbury talesFacing up to RCSBy Prue Miller

In 2009 I first recall hearing theterm Reverse Culture Shock (RCS).

It was being thrown around in a conversationmy husband had with his boss regarding thepossibility of his company relocating both ofus from our beautiful seaside suburb of NewBrighton to the world’s manufacturing hub,China.His boss was explaining how some expatriates,who stay away for a decent amount of time,find it difficult to move back to their homeland.That was more than six years ago, I neverthought about this concept again — until justlast month.In April 2009, my husband and I packed upour lives in Christchurch and moved toDongguan, a ‘small town’ no-one outside ofChina has heard of; population nine million.I resigned from my job as a solicitor and tookup my new position as a tai tai, which doesnot have a direct translation into English, butamongst other meanings was traditionally usedto describe a wife or concubine who spent herday pampering herself and socialising withfriends. Nowadays it is often used to describeexpat wives in China. I was undoubtedly excitedabout the prospect of becoming a tai tai!Although I considered looking for employmentin China, with no grasp of the Chinese languageand the reality that China’s legal system in smalltown China is the Wild West of the legal world,I really had no other option but to stick to beinga tai tai. That is my excuse anyway.When we arrived in China we were still in ourtwenties, had no real ties, were childless andhad three suitcases to our names. When wereturned to Christchurch in July of this year, wehad eight suitcases, a full 20-foot container,two sons, and a lifetime worth of experiences.During the three months before we returnedto Christchurch, I began to get a little nervousabout the fast approaching repatriation, and,for the first time since leaving NZ in early 2009,considered the meaning of RCS.Every day for 64 days before leaving China, Iwrote a blog online about the things I wouldmiss and the things I would not miss in China.This was a rewarding exercise as I realised thatI would never run out of things to write aboutand it gave me an opportunity to appreciate

so many of the ways-of-life I had becomeaccustomed to.And after six weeks of being back inChristchurch, I can honestly say I have a severecase of RCS! Now don’t get me wrong, I amthoroughly enjoying life in New Zealand,especially our dishwasher, free-range eggs (realones), clean air and blue skies, free schooling,normal height kitchen benches and clean publictoilets (believe me, the North Hagley toiletsare clean).But, there are so many things about my life inChina which I am now homesick for. I mostlymiss the friends and the expat community we

left behind in China. From a social perspectiveit was like a second round of University days.Our friends came from every corner of theglobe and once we worked out how to navigatearound the numerous cultural boundaries wefound that making new friends was relativelyeasy.Most expats were families with young andschool-aged children. Everyone lived in one oftwo gated communities opposite each other,kind of like living in the Halls of Residence, andall foreign food shops, schools, bars andrestaurants were within walking distance.

The author with her family on a slow boat in China.

Continued Page 10

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President’s ColumnVino FinoPhoto Caption

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

“This is the only time I’m not talking.”

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 (www.vinifinoco.nz,188 Durham Street). Send your entry to theCanterbury Westland Branch New Zealand LawSociety, P. O. Box 565, Christchurch. Or emailto canterbury-westland@lawsociety.org.nz. Allentries must be received by October 9 2015.The winner will be announced in the nextedition of Canterbury Tales.

Dear Colleagues,

CollegialityRecently I attended the Family Law Sectiondinner that was managed and arranged by thelocal Family Law Committee, ably assisted byseveral Branch staff members.This was a very well attended function. Thedinner was held to mark the appointment ofHis Honour Judge Garry Collin. It was attendedby a number of Family Court Judges and it wasa delight to have Her Honour Judge LynneHarrison also attend.As is usual at such functions, the collegiality ofthe profession and in particular the Family CourtBar was evident. It again demonstrates the greatadvantages we have in the CanterburyWestland Branch. I was aware three membersof the Family Court Bar in Greymouth attendedas well as a number of our colleagues who arerenowned for entrenched rural values and whopractice North of the Waimakariri River.Obviously they have their own challenges. TheWaimakariri can be in full flood with water andoften the highway has the same problem beingflooded with traffic.Well done to all concerned.ConductA gentle reminder to be mindful of Courtconduct. We all participate in moments of levityin Court. These are generally before thecommencement of Court or duringadjournments.It is helpful to be aware that our actions andhumour are being observed by the persons inthe public gallery as well as our own and othersclients. I have been told that often the victimsof criminal offending attend the Court sittingwhere the person who has offended againstthem or their family is to be dealt with.It is important for these people that the humourand levity is kept within reasonable boundariesbecause they see the event in a much moreserious light. I am told that they are greatlyassisted by the courtroom being a respectfuland sympathetic environment. There are nomain culprits here but it is a matter which inaddition to all other concerns, we must keepin mind.ChooksThere is a sequel to the chook house disaster.The day following the fateful crunch my wifeJo disclosed - that on that very same morning,she was involved in a duck fatality. Thisapparently occurred whilst driving to school.Most likely with the national radio programmeblaring at full force. Evidently many find thisuseful so they can express well informed andup to the minute views on most matters duringthe day should such an opportunity arise.Suddenly a duck appeared in the middle ofthe road, raised it head and “SKWOOSH” — allover for Daffy or Donald (it is hard to tell which,they often wear the same outer garments). Thedeceased duck was entirely at fault. The driver

was self-reported to be blameless. I havepondered this and wondered if there wereseveral thoughts prompting that conclusion:1. Ducks should have crossing monitors whoturn up on time when the road needs to becrossed. If ducks can’t arrange this then theyhave only themselves to blame.2. Ducks have never had a settled idea as tohow to share the road nicely with others.My wife however realised that not all mightagree with the conclusions she had reached.She was aware that her parking space at theschool was immediately adjacent to where thepre-schoolers congregate to begin their trainingfor life. These as you can probably guess arecarefully parented and the most innocent ofchildren.To avoid the slightest upset my wife wellnudged her car into a bush so that if therewere any duck parts attached to the car it wasunlikely that she would need to do anyexplaining.CourtRecently in the District Court an application wasbeing made for a man to be admitted to bailbecause his wife was in danger of giving birthand it was imperative that he was to be present.Richard McGuire, that oft-published celebrity(about whom the comment of blue eyes is atotal exaggeration) simply asked the question,“Is he going to play in the slips?” He is a manwho can convert most principles to sportingterms.Tony Garrett has again been in full force in hisusual manner of caressing the Court’s mind sothat his suggested outcome of the case will beachieved. He rose to his feet when the nameof his client was called to say, “Your Honour heis here...” (pause).Mr Garrett looks to the back of the courtroom tofind no one had risen to their feet. He lookslongingly at the door. No one appears. Counselin front of him turns and says, “REALLY!” MrGarrett, so challenged by his veracity beingbrought into question, rebruked the counsel in arobust and resounding fashion. It was quiteobvious to the Court that he had spoken thoselast words far too loudly, but we all pretendedit had not happened. Until next time.

Colin Eason

Canterbury tales 3

Garth Gould

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Garth Gould died last month at theage of 85. He had been present ata dinner for my own eightiethbirthday and was in fine form, dyingunexpectedly several days later.

Garth will be remembered by many olderpractitioners as a first-rate lawyer with a keenmind and constant charm. He began as a lawclerk to Wynn Williams & Co, in the days ofTerence Gresson and Alan Wood. He wasrecruited to Lane Neave & Wanklyn to take overthe work of Endell Wanklyn when the latter died.I began work as a law clerk in the same firm 6lyears ago, and for my five years with the firmworked — if you could call it that — mainly forGarth, then the junior partner. He was the bestof mentors, demonstrating strict principles alliedwith a cheerful working environment.During this period Garth, still single, built hisfirst house at Halswell and employed Bill Unwin,Wyn Raymond and me as casual labourers inthe garden which he was forming. I was let goafter the first day, but the greater strength orwork ethic of the others kept them in work formuch longer.Although mainly a family and commercialsolicitor, he was often in the Supreme Court inhis early years, as a very sharp counsel. Indeedhe took part in one appeal to the Privy Council,where he found Sir Garfield Barwick re-arranging the list to accommodate his manycases.He was a great man for detail — when afterbeing admitted I took some months to go toEurope with Colin Averill, I received a letter fromhim addressed to me (as J. Fyfe Burn as healways did) at the ANZ Bank in Albemarle Street,

it began: “You will open this letter under thepale blue fluted ceiling of the ANZ Bank..” andI looked up to see that he was entirely accurate.Garth replaced me with John Brown when Iwent to the UK, but on my return was too politeto dispose of either of us, so for several monthswe shared a room and ran to be the first tosecure any letter that came our way.With a lack of gratitude, we then left thefollowing year almost at the same time. Garthremained a close friend to me for the rest ofhis life. When I was living in Sydney in lateryears, his letters, and occasional visits, werebrimming with legal gossip from the GardenCity.When Lane Neave began to merge with otherfirms, Garth did not share the plan for growth,and left to join Meares Williams, taking most of

his North Canterbury clients with him. Therehe built a significant practice, with young lawyerslike Terry Sissons and Ben Tothill under hiswings.His great friend was Peter Mahon, whom hepersuaded to become the first barrister sole inthe city since the thirties (I was the second,but with a much more lowly practice). Theyhad the same intense sense of humour, and Ihave more than one memory of them both onthe footpath in Hereford Street, doubled overand spluttering as the same comic thoughtstruck them. These were the days when all LawSociety members knew one another —conveyancers trotting to each other’s officesfor settlements, and litigators seeing each otherin court every day.The morning coffee meetings in Hereford Streetwere the high point of the day, with noChristchurch reputation protected, and whenpartners of mine asked me from time to timewhy I always attended, I said that I could notafford to be absent. Garth and Peter used tolunch with Don Matson in a cramped cafe inCashel Street, and while I was rarely with them,Peter used to say that while they were hemmedin with prams and noisy mothers, Garth simplymunched on, repeating that this was thecheapest lunch available in town.Always well known among the well-bred youngladies of Christchurch, he eventually met Liz, acharming young Scottish girl, and their marriagewas constantly happy, with children andgrandchildren who spoke at his funeral. Hiscontinual pretence that he was firmly underher thumb was never believed by any of us.When he built a second house at Halswell, hisillegal use of gelignite to clear the site oncebrought a rock down on to the roof of the localpoliceman’s house. By then he had persuadedPeter Mahon into building next door, and Iassume his advice might have been helpful,although I would not put money on that.Garth was a man of great charm and goodhumour, and although it was often hard topierce his outer shell, a better friend could notbe found. His wit and courtesy will not beforgotten and a number of us still around owehim considerably for the kindness he alwaysshowed.

By John Burn

OBITUARY

Garth Gould.....a first-rate lawyer with a keenmind and a constant charm.

Canterbury tales2 Canterbury tales4

Lawyers in transition:retirement a new careerBy Andrew NuttallDirector, Bradley Nuttall Ltd

Comings& Goings

Information for this column must now be sentdirectly to the Canterbury Westland branch dueto privacy issues. Please send informationregarding changes to firms or practitioners tosusan.newman@lawsociety.org.nz with subjectheading Comings & Goings.We assume that by the firm supplying theinformation that the individual people haveagreed to their names being published.Change of statusNicola Fraser is now Senior Associate at TaylorShaw.Change of nameAshley Law Limited ceased trading on 14 Augustand is now known as Law4You Limited, DirectorJustine Grey, PO Box 627, 7 Ashley Street,Rangiora 7440, phone (03) 310-6464, fax (03)310-6462, email admin@law4you.co.nz orwebsite www.law4you.co.nz.New addressLayburn Hodgins are now at Level 1, 205Durham Street. All other details remain thesame.

Ten years ago I began workingwith a partner in a law firm andhis wife, a teacher.

Throughout their married life they had beencareful with their money and by age 54 hadeducated their children and paid off of all debt.At that stage they wanted to set some plansand work towards their next phase in life.Our research and experience suggests thatmany lawyers view investments and financialmatters as being their greatest challenge orbarrier to having options and the ability tochoose to work or not.Now at age 64 they have positionedthemselves financially with disciplined savingand investment over the last 10 years and amodest inheritance. There are, however, non-financial challenges for people to address andit has been interesting to see how they haveaddressed these through discussion andplanning.Frame of mindFirstly I encouraged them not to use the“retirement” word because it has a connotationwithdrawal from ones position or active working

life. I encouraged them to think more of it as acareer change with financial freedom to allowwork to be optional.Identity crisisLawyers put huge energies and timecommitment into their role as lawyers and thereis a risk that highly career orientated peoplecan lose sense of self-worth as they slow downin their professional careers.By planning ahead, he was able to repositionhimself and is now involved with a number ofbusinesses as a director and consultant. Thishas also enabled him to meet one of his keygoals of “keeping in touch”.BoredomIt is acknowledged that a by-product of poorplanning in retirement can be boredom andsome retirees learn early on that playing golftwo or three times a week is not sufficient forthem. To have a thriving retirement, you needto be doing something that you believe in andfeels important to you. My clients have becomeinvolved in several community projects wherethey can use their skills to help others.Relationship challengesPeople often find that it can be quite anadjustment for two people, accustomed tospending the week apart, now suddenly findingthemselves in each others company to a muchgreater extent.

Over the last few years, this couple have spenttime considering what they wanted to do asindividuals and what they could share as acouple. He needed to have time availableduring the day for business meetings and golfcoaching while she wanted time to meet withfriends and help others by actively volunteeringwith other community groups. They havearrived at a very happy balance with time forthemselves and as a couple.This new stage in life for my clients has notbeen any less exciting and the transition hasbeen a smooth one because of the forwardplanning process they engaged in. There areno fixed answers, we are all different and allhave different ambitions and preferences.Leading an “ideal life” is an achievable goal,but it does take forethought, planning anddiscipline. Investment matters, while important,are just one aspect of the broader planning weall need to invest time in.

Andrew Nuttall is an Authorised FinancialAdviser with Bradley Nuttall Ltd. And canbe contacted on 03-364 9119. His disclosurestatement is available on request.

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Canterbury tales 5

Family Law dinnerJudge Garry Collin, the former Christchurch barrister now sitting in

the family and criminal jurisdictions in Hamilton, was the guestspeaker at a dinner for family law practitioners on 10 September. It

was organised by the Family Law Committee.The dinner was well attended by Canterbury and West Coastpractitioners, as well as several local judges and Judge Lynne

Harrison (recently appointed to the bench in New Plymouth.) Thedinner, held at the Canterbury Club, was an enjoyable evening andJudge Collin delighted his audience with anecdotes from his years

at the Christchurch bar. — Carolyn Browne

Colin Eason, Judge Lynne Harrison and Judge Garry Collin.

Carol Morgan, Bob Perry, Amanda Bradley.

Matt Bryant, Jess Babe, Rebecca Court and Danielle Mills-Godinet.

Angeline Boniface, Tim Holton and Robyn Mackie.

Ferne Bradley and Karen Feltham. Glenda Murphy and Alexandra Beaumont. John Brandts-Giesen and Chris Fogarty.

Canterbury tales2 Canterbury tales6

Is faster better? — streamThe Resource Management Act haslong been identified as a source ofdelay and frustration.

Labelled by some as unnecessary bureaucraticred tape, there have been numerous changesmade to the RMA over the years to try andremedy some of its perceived shortcomings.A recurring theme of the current government’sreform programme has been to simplify andstreamline resource management processes.This has included amendments to the RMA itself,as well as the adoption of new fast trackprocesses in various regions and districtsthroughout the country.Nowhere have these changes been moreacutely felt than in Canterbury. In a post-earthquake environment, the need forstreamlined processes has assumed elevatedimportance to ensure that recovery efforts arenot delayed. This has resulted in fast trackprocesses for a large number of differentplanning documents, which are significantlydifferent from the more comprehensiveprocesses that have occurred in the past.This article provides an overview of some thekey features of these fast track processes anddiscusses the potential consequences of thisapproach. Although the motivations for suchprocesses are readily apparent, the implicationsof adopting such an approach for both the extentof public participation and the quality of decision-making should not be overlooked.What is a fast track process?One area where fast track processes have beenadopted in Canterbury in recent years is inrelation to the various earthquake recovery plans,such as the Christchurch Central Recovery Plan(aka ‘the Blueprint’) and the Land Use RecoveryPlan. Some key features of these processes havebeen:* Reliance on informal consultation before thestatutory process begins, such as the “share anidea” campaign for the Blueprint.* Providing the usual ability for interestedpersons to make written submissions on thedraft document when notified

* Either no hearing or a truncated hearing withlimited time available to attend and present acase in support of a submission* Final decisions made by the Minister ratherthan the local authorities* Removal of the usual appeal rights after adecision is madeAnother fast track process that is currentlyoccurring is for the Proposed ChristchurchReplacement District Plan. This is similar to theprocess adopted for the Auckland Unitary Planand involves submissions and hearings beforean independent panel made up of current andretired judges and other experiencedcommissioners.The process itself involves a range of proceduralsteps that are more commonly associated witha Court setting, including pre-hearing meetings,mediations, expert conferencing, pre-circulationof evidence and cross-examination of witnesses.Impact on public participation?The content of planning documents is veryimportant as it sets the framework for futureresource management decisions in the affectedregion or district. The significance of plans willonly increase with further changes to the RMAlikely in the near future that require plans to bemore directive and reduce the ability for debateat the resource consent stage. It is thereforeimportant that those people that will be affectedby the planning documents have a full andmeaningful opportunity to comment.Fast track processes do retain the ability for thegeneral public to participate and express theirviews. However, the extent and nature of thisparticipation is undoubtedly reduced comparedto the usual processes under the RMA. Forexample, the lack of a proper hearing for someof the recovery plans compromised the abilityof people to speak to their concerns in person,which can be a critical component of ensuringthat the message is clearly communicated tothe decision maker.In relation to the process for the ProposedDistrict Plan, it could be argued that this processis actually more comprehensive than whatwould usually occur by providing a full hearingbefore independent commissioners. However,one concern with this approach is that itinevitably increases the formality and complexity

of process. For the everyday person, the prospectof participating in that process can be daunting,potentially preventing people from makingcomment compared to a more informal Councilprocess.In addition, the process is often quite fragmentedwith attendance required on multiple differentoccasions, even if a submission only relates toa single issue. The cost and time required toeffectively participate can therefore quicklyescalate, creating a further barrier to involvementin the process.Does it result in better decisions?In addition to the issue of public participation, acritical consideration when evaluating the meritsof fast track processes is whether they ultimatelylead to better decisions. There is little point ingetting through a process quickly if theconsequence of such haste is that the qualityof the final plan is compromised. This will onlycreate difficulties and unintended outcomesfurther down the track.It is difficult to reach any firm conclusions onthis point, as ultimately the quality of a particulardecision will be closely influenced by the natureof the submissions and evidence that arepresented and the approach that is adopted bythe appointed decisions makers when makingtheir decision. However, we make the followingobservations based on our experiences withthese processes to date.In terms of the quality and nature of submissionsand evidence, informal consultation prior tonotification generally attracts a reasonableamount of public input, as such input can beprovided at low cost and with limited formalrequirements. However, once a plan enters afast track hearing process, it tends to becomedominated by those submitters that have theresources to keep up with the process and

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Canterbury tales 7

mlining RMA processesparticipate to the extent that is required. Thiscreates the risk that the decision maker’sconsiderations may be skewed in favour of thosesubmitters, potentially at the expense of otherinterested parties.In relation to the approach of the decisionmakers themselves, appointment of anindependent panel of commissioners doesensure that those persons are well qualified andexperienced to be making decisions in the RMAcontext. However, they may lack the localperspective that can often be held by appointedrepresentatives.The approach of the decision makers will alsobe influenced by the challenging time constraintsunder which they are operating, which can leadto processes that are less than ideal for allinvolved to ensure that a specified deadline ismet.Finally, a common theme of all of theseprocesses to date has been a lack of appealrights to the Environment Court. Some may seethis as a good thing, as appeals to theEnvironment Court will inevitably add furthertime to the process. However, the right to appealthe decision on its merits provides an importantcheck and balance on decision making and cansignificantly enhance the quality of the final planthat is approved.ConclusionIn many respects, it seems that Canterbury isbeing used as a guinea pig to trial a number ofnew plan review processes and approachesunder the RMA. However, our expectation is thatif these approaches produce the desired resultsfrom the government’s perspective, they maywell be rolled out throughout the country.Few would argue that processes for the

development of some plans have gone on fortoo long, creating uncertainty for all involved.However, one of the reasons for the length oftime required is that the issues involved withmanaging activities in a district or region arevaried, complex, and directly impact on privateproperty rights. There are a number of differentperspectives and interests that need to be takeninto account to ensure that the decisions areappropriate and will result in sustainable long-term outcomes.In this context, reducing the length of time thatthese processes take should not be seen as theultimate goal. If this aim is pursued in isolation,there is a real risk that the quality of the decisionswill be compromised and that plans will be

Canterbury Tales is the official newsletter ofthe Canterbury Westland Branch NewZealand Law Society.Publications Committee: Zylpha Kovacs(convenor), Simon Shamy (editor), CarolynBrowne, Ann Maria Buckley, DanielWeatherley, Beatrix Chin.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.

created that do not reflect the aspirations of thecommunity that they affect. Certain aspects ofa fast track process have merit, including greateremphasis on pre-notification consultation andthe use of pre-hearing meetings or mediationsto resolve and refine issues.However, other aspects such as a formal onestop process with no appeal rights to theEnvironment Court are much more contentious.Although this one stop approach may beappropriate in a post-earthquake environment,the same justification does not exist in ‘normal’circumstances. In our view, adopting such anapproach across the board would underminethe value of public participation and the qualityof the decisions that result.

Christchurch’s employment law professionalscongregated at the Commodore Hotel onWednesday 18 August 2015 to thrash out acomplex legal scenario.An entirely fictitious set of facts was put forwardfor discussion that covered a range of issuessuch as process, misconduct outside of theworkplace, damage to an employer’s reputationand possible outcomes and remedies thatmight be claimed by either party.We were fortunate enough to hear both theemployee and employer side of the argumentfor most issues. Some presenters foundthemselves representing the other side of theirusual clientele and performed admirably.Chief Employment Court Judge Colgan andJudge Corkill kindly participated in the eventunder the Chatham House Rules. The judgespunctuated the presenter’s submissions withquestions, comments, and clarificationsthroughout for a thorough investigation of theissues at hand.Needless to say, it was a challenging but

rewarding day. The Employment LawCommittee would like to thank all of thepresenters for their expert presentations, thejudges for their support of the profession, andthe Canterbury Westland Branch New ZealandLaw Society for their exceptional organisationand assistance.

Employment Law Committee

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Canterbury tales2 Canterbury tales8

The annual Lawyers, Accountantsand Corporates Ski Day was heldback at Mount Hutt this year, thanksto Crombie Lockwood.

It was a perfect day for a midweek escape fromour respective offices (although at least oneanonymous partner was spied attendingteleconferences between runs). The sun shone,the mulled wine flowed, and everyone was ingreat spirits for the racing.The results clearly proclaimed the lawyers asthe winning profession with the Piste Monkeysfrom Duncan Cotterill cleaning up the teamawards as the fastest lawyers as well as thefastest team overall. Well done on beating theaccountants this time folks! Second and thirdplace in the lawyers’ category was awarded toYoung Hunter and Anderson Lloyd respectively.Thankfully the favourable conditions this yearmeant fewer wipeouts than previous events,

however, we do note that Michael King, fromWeston Ward & Lascelles, took to the slope sofuriously that he brought down a portion ofthe race fence at the finish line.

Lawyers were well represented in the individualcategories too, with Sam Hutchings, fromAnderson Lloyd, taking away ‘Fastest Male Skier’and Daniel Quirk from Layburn Hodginsnarrowly missing out on ‘Fastest Snowboarder’by a fraction of a second. Bummer dude.We witnessed a showcase of real talent fromall participating professions, which added to anexcellent day of skiing, yarns and drinks.A big cheer for all the participants and thankyou to Crombie Lockwood and all of thesponsors for putting on such a great event onceagain. We are already looking forward to thenext one!

Gardens, lawns, pruningand section clean-ups

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johnspropcare@gmail.com

By Beatrix Chin

An escape to the slopes

The Duncan Cotterill Piste Monkeys teamwith their silverware.

Sarah Townsend (Duncan Cotterill) and Ben Harrow (Lane Neave) among other skiers.

Above, Kylie Dawson, Beatrix Chin and Daniel Quirk.Right, Oliver Roberts (Duncan Cotterill) claiming atrophy for Duncan Cotterill as the fastest lawyer.

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Canterbury tales 9

Successful CWLA dinnerThe Professional Women’s Dinneron 20 August 2015 was anothervery successful event for theCanterbury Women’s LegalAssociation (CWLA).

Aside from being an excellent networkingopportunity, it was a thought provoking eveningfor all attendees. More than 80 women attendedthe event at the convivial Addington Coffee Co-op, Lincoln Road. The annual dinner is afundraiser for the CWLA University StudentScholarship.This year, the event was sponsored by OxfordWomen’s Health, and before the dinner gotunderway, we were treated to a very entertainingwelcome by Janene Brown, obstetrician andgynaecologist, and senior consultant at OxfordWomen’s Health.The keynote speaker for the evening was LucyHone, and there was a message for everyonein her inspiring speech. At the beginning of hertalk, Lucy mentioned that she was one weekfrom completing her PhD through AUTUniversity’s Human Potential Centre. Her PhDfocuses on ways to effectively apply the findingsof wellbeing science and resilience research topromote mass-market well being in real worldcontexts.Lucy referred to the stress and strain facingprofessional women, and par ticularlyprofessional women in a legal career. Sheemphasised the importance of growing ourmental health and treating our mental healthas a piggy bank. From time to time we need totop it up. We all need to be ready for thosetimes of extreme stress when we will make largewithdrawals from the piggybank.This lead to a discussion about the meaning of

“resilience”. Lucy mentioned that we are not bornresilient but it is strength that we need to developand grow. Lucy studied resilience on MartinSeligman’s world famous Masters of AppliedPositive Psychology (MAPP) programme at theUniversity of Pennsylvania (the internationalhome of well being science).Lucy completed her Master’s not long beforethe first of the Canterbury earthquakes. Insubsequent years, she has used her studiesteaching people to be more resilient, andassisting different organisations withimplementing resilience strategies as well ashelping the well being of staff. She also referredto her work with Christchurch Schools and thefact that Education Review Office is looking atthe teaching of well being in schools.A poignant moment in her speech was whenshe referred to the 2014 death of her 12-year-old daughter Abi in a tragic car accident onQueen’s Birthday weekend. Lucy stated that shehas had to draw on all her strategies and theoriesto get her through the last 15 months. Keymessages that she reinforced were:* Accept the good.

* Approach every decision by asking, “will thishelp or harm me?”* Don’t get stuck in any one emotion.Lucy also emphasised the importance of gettingexercise every day. It can be as little as 20minutes, and a walk outside of the office to getyour coffee counts. Its even better if your regularcoffee establishment is at least eight minutesaway!Finally, Lucy stressed that we all need to plugaway at feeling good and functioning well. Itreally is an ongoing commitment to looking afterourselves and keeping the mental health piggybank topped up.A big thank you to Emily Whiteside and RozBurnside, who were the two committeemembers responsible for organising thisexcellent evening.The next event on the CWLA calendar is theProfessional Women’s Conference on Friday 9October 2015. The CWLA University StudentScholarship (which is awarded to the top femalelaw student at Canterbury University each year)will be presented at our final event of the year— the CWLA annual Christmas Lunch.

On 20th August 2015, the swearing in ceremony for District Court Judge Lynne Harrisonwas held in Dunedin. Judge Harrison had been in practice in Christchurch for most of herlegal career, and a number of her Christchurch colleagues travelled south to celebrate herappointment. Judge Harrison will be sitting in New Plymouth. Pictured above, from left,Stephen van Bohemen, Richard Williams (obscured), Judge Harrison, Siobhan McNulty,Jason Wren, Nicholas Till QC and Colin Eason. — Photo: Clive Copeman Photography.

Judge Harrison sworn in

By Vivienne Wilson

to leave a legacy to St John that will provide a vital service to benefit their community.

Email fundraising@stjohn.org.nzor call the Legacy Coordinator South Island Region forfurther information:03 353 7110 ext 3238

Has your client considered including a charity in their will?

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Most expat families went back to their homecountries for the school summer holidays andwhen everyone returned in August, it was likean O-Week (but with your kids). Eating Thaifood in Thailand is miles better than eating Thaifood in New Zealand, and I think it is generallythe same for other cuisines like Mexican, Italianetc.However, when it comes to Chinese cuisine, Ican assure you that our new local Foo SingChinese takeaways trumps local Dongguan

Solicitors, associates or privatepractitioners looking to advance

your career?

Senior positions available.Also acting for firms wanting tomerge or purchase practices.

Confidentially phone LeonieQueree

Leo Recruitment —LegalPhone 021 205 7342

leonie@leorecruitment.co.nz

Legal firms need to make sure they get valuefor money when recruiting new staff, as thecost implications of recruiting the wrongperson can be extremely high.

Once the bad hire has been resolved, therecruitment process has to be repeated,incurring more cost and internal time. Anytraining and development spent on theoutgoing employee will also be lost.For fee earners, it is easier to see the cost ofhiring the wrong person, as you can comparetheir performance to the rest of the team. Inlaw, a failure to generate fees can be veryserious. However, a wrong hire in other areassuch as administration or legal support canslow down the rest of the team who haveto deal with fire fighting and double checkingwork, further reducing fee earning time.This is why it is very important to invest inthe recruitment process up front — much

like doing extensive and high quality duediligence before a business deal. Not onlydoes employing the wrong person haveserious financial implications, but it can alsohave an impact on the firm as a whole. Thisis particularly apparent when recruiting forsenior or team leader positions.You need to be able to measure and evaluatea potential new employee’s skills effectively.The most common mistake firms make wheninterviewing is to rely too much on gut instinct.Subjective opinion will inevitably play somepart in the recruitment process, but this shouldbe underpinned by a comprehensive,objective assessment of the candidate’ssuitability and skills.Investment in the recruitment process and ina specialist recruiter can help reduce poorhiring decisions. A good recruiter will be ableto consistently to find candidates who addvalue to their clients’ businesses. The recruiterwill take the time to understand the firm’sculture, values and environment to ensure agood fit.When is it time to engage a specialist recruiter?1. When confidentiality is required.2. When no internal resources or skills areavailable.3. When negotiating power is needed.4. When rare skills are needed - especiallytrue in the legal profession.5. When advertising has been unsuccessful.A specialist recruiter has access to keyresources, such as “passive candidates” — whowill learn of the firm and its opportunities onlythrough direct contact by a recruiter —increasing the pool of qualified candidates thatcan be presented. This can ensure a goodhire and ultimately add to the bottom lineperformance of a firm.Leonie Queree can be contacted atleonie@leorecruitment.co.nz or phone 021205 7342.

Advert

Never the right time tohire the wrong personBy Leonie QuereeLeo Recruitment Limited

Facing up to RCSfood! Think about your supermarket’s deli. Nowimagine my local — sushi styled sliced alligatortails, skinned whole cats, and plastic trays ofchicken feet (which cost twice the price as thesame weight in chicken breast — I guess theyreally were a delicacy).I have had friends who have been served up awok of freshly fried diced rats (I kid you not)and the tails were left whole. And dare I admitit, once I even tried a duck’s head. AdmittedlyI thought it was a chicken drumstick at the time.But, aside from this less appealing cuisine, aftera few years of working out how to cook in China

(that means learning not to spend $16 for a750g box of weetbix or $10 for 200g of Anchorcheese) and where to eat, I did begin to enjoysome local foods.Although I’ve never been keen on offal, bonesand eyes, I am quite partial to the odd bubbletea, roti bread, spicy hot pot, yum cha,mooncake, homemade jiaozi (dumpling),steamed bun, packet seaweed (actually myboys lived on this stuff), and of course allwashed down with one of my favourite lagers,Tsing Tao.Living in China, you may be without some‘western’ luxuries (like a dishwasher), but youcan become quite accustomed to ‘eastern’luxuries. There are two in particular which I gotquite used to (quite fast) — three-hour hairwashes and the two-hour Southern China footmassage. I do not really think that these needmuch explanation. They are as good as theysound.We also had a wonderful Aiyi (literally “Aunt”,but the term is used to describe a Nanny orhome-help). Being traditionally Kiwi, whichmeans having a personal space radius of aboutfive metres, verses the Chinese personal spaceof nil), meant that having another person inour home almost every day took some gettingused to, but we did. And what a rewardingexperience it was.Aside from the comparatively inexpensive cost,having a local in our home provided culturalimmersion especially for our young sons. Bothof my sons are now reasonably fluent inChinese. Not only did we learn her language,but also we learnt about her background, hertrials and hardships growing up in 1980s China.Our Aiyi was probably the most courageousand most intuitive person I have ever met andI am so thankful our paths crossed.These things are just the icing on themooncake. I could write a novel on everythingI miss about my life in China. I am currentlyenjoying my last few days of being a tai tai andnext week I am back in the office for the firsttime in what feels like a lifetime.Although my last six years of experience hasnot been in the legal field, I am hoping that myChina experiences will contribute positively tomy new job, and that, in turn, my new job willhelp rid some of this RCS.

Continued from Page 1

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As well as the time taken to fully assess thenew employee, any decision making overan exit strategy is often time consuming for senior staff. This can be equally acute insmall practices, where senior managementtime is critical.

Canterbury tales 11

Canterbury Westland Branch/NZLS

Education ProgrammeProudly sponsored by

Situations Vacant

NZLS Continuing Legal Education (CLELimited)

To register and for other informationcheck the CLE website,

www.lawyerseducation.co.nzChristchurch

ChristchurchOctober

13 — Directors l iabil it ies — RecentDevelopments, Webinar.14 — Commercial Leases, Webinar.19 — Health and Safety in Employment Law.22 — Management of Law Firms, Webinar.28 — Challenges For Bodies Corporate,Webinar

November4 — Unit Titles Intensive, Live Web Stream.18 — Update On Contract.

19 — Retirement — villages Subsidies andLoans, Webinar.23 — Employment and Discrimination,Webinar.25 — Trust Account Supervisor TrainingProgramme.

Out of Christchurch6 October — Retirement — Villages, Subsidiesand Loans, Auckland.8 October — Public Law Intensive,Wellington.14-16 October 2015 — Family LawConference, Dunedin.19-20 October — Introduction to High CourtCivil Litigation Skills, Wellington; 29 OctoberAuckland.28 October — Logic For Lawyers, Wellington.30 October-1 November — Wellington —Understanding Mediation part A, Wellington.5-7 November — Stepping Up, Auckland.17-18 November — Lawyer as Negotiator,Auckland; 24-25 November, Wellington.23-24 November — Introduction to HighCourt Civil Litigation Skills, Auckland.

Christchurch social6-8 November, South Island Devils Own GolfTournament, Methven. Mark your diary andwatch for flyer.

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Layburn Hodgins back in the cityMore than five years on from thefirst earthquake, Layburn Hodginsis embarking on a new chapter byreturning to its old stompinggrounds in the city.

It has been a long journey from the old PublicTrust Building on Oxford Terrace, moving toHornby immediately after the earthquake, thento Sydenham, and finally to a permanent homeat 205 Durham Street South.It was without a backward look that we saidgoodbye to our temporary premises byknocking out the windows and carrying off ourfaithful, old reception desk to its new home —a piece of nostalgia which has been with thefirm since the 1930s and still pride of place inour newly equipped, modern office.One of the key focuses of the new office designhas been to create a warm and welcomingatmosphere, including open plan offices, moremeeting rooms and a large outdoor balconywith a louvered roof as an alternative and lessformal meet-and-greet space for clients (as wellas a relaxing place for staff to enjoy).

Our decision to exclusively use our clients forthe construction and fit out fostered existingrelationships and reciprocated their longstandingloyalty. Their emotional investment was anunexpected bonus and shows in the amazingresults.In designing our fit out we took the opportunityto future proof the office by addressing

common occupational health issues, optimisingproductivity and reducing workplace stress. Theoffice includes adjustable standing desks,ergonomic equipment and 120 indoor plantspurifying the air.With the new office positioned only a blockaway from the Justice Precinct (and finally backnear shops), staff are excited to be back in thecity centre. It is a pleasure to finally come home.

By Beatrix Chin

Above left, an artist’s impression of the newbuilding, left, the much-loved reception deskand, above, the old Public Trust building.

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