Diversity in the law - how it can improve your bottom line

Issue 51 ▪ 25 September 2015

Issue 51 ▪ 25 September 2015 Cur Adv Vult

Professional investment advice for individuals, trusts, estates and charities. Established processes to assist professional trustees to meet their fiduciary obligations. Fee-for-service only. All brokerage and commissions fully rebated back to clients. A full Disclosure Statement will be provided free of charge. For more information see www.bradleynuttall.co.nz.

Contact John Alexander À (03) 477 2316 à john@bradleynuttall.co.nzJOHN ALEXANDER

On 3 September a panel discussion was held by OWLS and the Branch to discuss the topic of Diversity in the law. Th is event was well attended and led to a somewhat longer discussion than originally intended which confi rmed that this issue is a complex issue. Th e Panel of Chris Moore, Megan Bartlett, Phil Page & Taryn Gudmanz were able to provide diff erent perspectives on the issues discussed and there was a good range of contributions from the fl oor. Following the discussion the Branch manager received the following from a practitioner:

“Th ank you to OWLS and the panel for the discussion session ‘diversity and the bottom

line’, with the emphasis on juggling child care responsibilities and work. Future discussions on diversity could also include – the use of technology to engage and work with clients; unbundling services – how does that work; client centred services and self-represented litigants; development of legal expenses insurance; blended and value based charging; multidisciplinary approaches as well discussing the question - ‘who is here – and who isn’t’.”

If you have any ideas about who might be good to workshop / present and discuss some or any of these issues, please contact the Branch Manager.

Diversity in the law seminar featuring Bridget Irving who convened the discussion for OWLS with the panel from left to right Phil Page, Taryn Gudmanz, Megan Bartlett and Chris Moore

2Issue 51 ▪ 25 September 2015Cur Adv Vult

PRESIDENTFrazer Barton

BRANCH MANAGER Debbie Ericsson

Level 4, John Wickliff e House 265 Princes Street, Dunedin, 9016

P O Box 1901, Dunedin 9054Phone (03) 477 0596

GENERAL INQUIRIESotago@lawsociety.org.nz

ADVERTISING Christine WilsonPhone (04) 463 2905 advertising@lawsociety.org.nz

WEBSITESwww.lawsociety.org.nz

REGISTRY0800 22 30 30registry@lawsociety.org.nz

CLE INFORMATION 0800 333 111 registrations@lawyerseducation.co.nzwww.lawyerseducation.co.nz

PRINTINGService Printers, Wellington

Unless it is clearly indicated, the views expressed in Cur Adv Vult are not to be taken as those of, or endorsed by, the New Zealand Law Society or its Otago branch. No responsibility whatsoever is accepted by the New Zealand Law Society for any opinion, information or advertisement contained in Cur Adv Vult.

ISSUE 51 25 Sep 2015

Auckland9th Floor, West Plaza, 1-3 Albert St.PO Box 2137Keith Harris

Christchurch8b Homersham Place, BurnsidePO Box 20-009Wayne Deuchrass

DunedinLevel 3 Burns House, 10 George St.PO Box 1058Iain Nellies Gus Jenkins

www.insolvency.co.nzEmail: iml@insolvency.co.nz

Free Phone: 0800 633 343

• Liquidations / Receiverships • General Insolvency Advice • Mortgage Recovery Assistance • Property

Management Negotiations • Litigation Support

Should bad employers go to jail? The Employment Standards Legislation Bill 2015 (Bill) promises tougher sanctions for employers who repeatedly breach minimum employment standards. Th e Bill, introduced on 23 August 2015, proposes big changes to Inspector powers, employers obligations and parental leave.

Inspector PowersUnder proposed changes Labour Inspectors get more power. For example, an Inspector may:• Issue Infringement notices for $1,000 where

an employer fails to keep a signed copy of an employee’s employment agreement.

• Apply for a Declaration of a serious breach of minimum entitlements (like failing to pay the minimum wage).

• Seek a Pecuniary Penalty order of up to $100,000 (or 3 times the amount of a company’s fi nancial gain from the breach). Employers won’t be able to insure against penalties.

• Claim a Compensation order for employees

who are likely to suff er loss or damage as a result of a breach.

• Ask for and enforce a Banning order of up to 10 years for persistent breaches. Th is order could prevent a person employing anyone. It could also prevent a person exercising sig-nifi cant infl uence over a company employer (including being a director). Breaching a banning order could expose the person to a conviction in the District Court plus a fi ne of up to $200,000 or a 3 year prison term.

A person involved in a breach could be held personally liable for any breaches too (directors beware). General defences exist but only where a person reasonably relied on someone else’s (faulty) information and they can show the breach was beyond their control and they took reasonable precautions and exercised due diligence to avoid it.

Zero Hours no more?Less racy but signifi cant changes include the ER Act no longer viewing mediation as the primary problem solving mechanism when enforcing employment standards. A new general obligation would exist requiring an employer to keep records that demonstrate they have complied with minimum entitlements (like wages paid, employment agreements and holidays taken). Changes would also introduce:• Consequences for zero hour contracts. Th e

Bill refers to an “availability provision” that requires staff to accept off ers of work but no reciprocal obligation on an employer to off er them. An employer would be unable to enforce an availability provision against an employee unless they’re either salaried staff or the agreement provides for com-

Enforcing Minimum Standards pensation. And if an employer treats an employee adversely because they rightly refuse an off er without compensation – the employee can raise a personal grievance!

• Shift worker compensation when an employer cancels a shift at short notice.

• A prohibition on employers unreasonably stopping an employee working for someone else.

• A snag for cleverly crafted but overly enthu-siastic deductions clauses – an employee could challenge “unreasonable” deductions to their wages.

Primarily CaringTh e Bill would also see changes to the Paren-tal Leave and Employment Protection Act 1987 (PLEA) such as revamped terminology, extended entitlements and more fl exibility. Changes include:• Primary Carer Leave: Paid leave of up to 18

weeks would be called “primary carer leave” (rather than maternity leave) and extend to those permanently assuming primary responsibility for the day-to-day care of a child. Similarly “Partner leave” would lose the paternity reference.

• Negotiated Carer Leave: If a primary carer wasn’t entitled to primary carer leave, it would be possible to request “negotiated carer leave” to which an employer must respond to ASAP. An approved request would enable the employee to access payments from the public purse. An employer’s refusal couldn’t be challenged provided the response was within a month and outlined the busi-ness reason for why the request couldn’t be accommodated (such as reduced ability

W I L L S E A R C H

Margaret Esther O'CallaghanWould any lawyer holding a will for the

above named, formerly of 8 Boundary Street, Arrowtown, Latterly of 8 Pembrey Street, Brooklyn Village, Mosgiel, born on

8th May 1937, who died on 22nd August 2015 aged 78 years, please contact

David L.R. Brett, Barrister and Solicitor on 03 477 2533 dblaw@ihug.co.nz 155 Stuart Street, Dunedin 9016.

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From the President...

Issue 51 ▪ 25 September 2015 Cur Adv Vult

OCT

07Family ForumBranch Meeting Room, 1pm

OCT

22 40 year lunch

OCT

15Property and Business LawBranch Meeting Room, 1pm

OCT

28Employment LawBranch Meeting Room, 1pm

NOV

13Bar dinner in honour of Judges Farnan and BlackDunedin Club 7 for 7.30pm

Professional offi ces, street frontage with off street car parking for lease, situated 150 metres from Dunedin’s temporary court in High Street.

Single storey building currently being refurbished with 4 good sized offi ces, recepti on, meeti ng room, staff room and shower faciliti es. Available in late November.

OFFICES TO LET

Gus Jenkins 03 479 2637All enquires please call

On 3 September a very successful event was hosted by OWLS and the Branch on the subject of diversity. Th is was very well attended, the presentations were excellent and there was a lively discussion at the end. Th e President of the NZLS, Chris Moore, had come down for the occasion and this was much appreciated.

Th is last month has seen swearings in of Judge Lynne Harrison and Judge Jim Large. Th ese were both successful occasions and we can be confi dent that both will make worthy contributions to the Bench.

Th e Stuart Street Courthouse continues to be an item high on our agenda. You will have seen a lot in the media recently. We have representatives on the Courthouse Committee in Wellington who are advocating strongly for a return to Stuart Street and they are ensuring

that the High Street prem-ises work in the meantime as eff ectively as possible. We have also had discussions with the Mayor of Dun-edin, Dave Cull, to ensure there is a line of communication and that we are working to achieve the same goal.

Everyone will be aware that the conference is to be on 10 October in Invercargill. We are very fortunate in having the Chief Justice as keynote speaker and the programme is looking stimulating. We look forward to seeing as many of you as possible there.

to service customers).• Keeping In Touch Days: An employee taking

primary carer leave could pop into work for up to 40 paid hours provided it wasn’t within the fi rst 28 days, without losing payments.

• Many if not most employers already comply with minimum entitlements and more. Still, a prudent employer will closely examine their current record keeping practices, contracts and obligations to ensure they are complying. Th e stakes are about to get much higher if you don’t.

Lucia Vincent, Employment Law Committee Convenor. If you wish to contact Lucia in relation to this or other issues relating to the Employment Law Committee please email her on lucia.m.c.vincent@gmail.com

OCT

10Otago/Southland Branch ConferenceInvercargill

Did you know...With the amendments to the interven-tion rule coming into force on 1 July 2015 which enables Barristers to apply to the Law Society for approval to accept instructions directly and without an instructing solicitor there were some amendments to the Rules relating to letters of engagement to refl ect the new arrangement. How long is it since there has been a review of your letter of engagement, does it comply with the Rules? Are you providing your clients with the information required? It may be worth looking at the Lawyers and Conveyancers Act Lawyers Conduct and Client Care Rules 3.4-3.6A to see if you are complying with the amended rules.

(Above) Swearing in ceremonies for Judge Lynne Harrison, Branch Vice President John Farrow addresses the court

(Below) A lighter moment during the swearing in of Judge Jim Large.

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Dispute Resolution0800 426 469 www.aminz.org.nzJim Guest FAMINZ (Med Arb)

BA LLB PGDip (Law)

Arbitrator, Mediator, ConciliatorCommercial, Rural & Relationship Property

à jim@downiestewart.co.nzÀ 03 477 2262

Chris Steven AAMINZLLB

Arbitrator, Mediator, ConciliatorBuilding, Commercial, Education, Resource Management, General

à� chris@wanakalaw.co.nzÀ 03 443 8286

Trevor Shiels QC FAMINZ (Arb)LLB

ArbitratorCompany, Commercial, Relationship Property, Resource Management

à� offi ce@trevorshiels.co.nzÀ 03 477 4030

Dr Clive Trotman FAMINZ (Arb) DSc PhD FIBiol

Arbitrator & MediatorScience & Technology, Rural, Health& General Disputes

à� arbitrator@disputescience.comÀ 03 482 1840

David McCaskill FAMINZ (Arb)FCIArb LLB MPPPG Dip Public Law

ArbitratorCommercial, Building, General Disputes

à dmccaskill@vodafone.co.nzÀ 021 0254 5009

Gerard De Courcy AAMINZLLB

MediatorFamily & Commercial

à gerard@downiestewart.co.nzÀ 03 477 2262

Doug Harvie AAMINZBcom

Arbitrator, Conciliator & Chartered AccountantPrimary Sector, Commercial Business& SME Disputes

à dharvie@hgw.co.nzÀ 03 477 5005

Issue 51 ▪ 25 September 2015Cur Adv Vult

O'Neil DeverauxThe office of O'Neil Deveraux has relocating to 433 Princes Street, Dunedin, from Monday, 31 August 2015. Otherwise, our details remain the same.

Did you know that Wardens Court on the goldfields had unlimited jurisdiction and could exercise all the powers of the Supreme Court in mining matters. The Wardens worked in difficult conditions, the court was generally held in a tent which was bitterly cold in the winter and stiflingly hot in summer. Dunedin’s first resident magistrate, Arthur Chetham Strode, who was unpopular with Dunedin’s Scottish leaders, was sent to the goldfields to take over the police and the administration of justice, which he apparently undertook with some skill. The library’s copy of the “Regulations of the Otago Gold Fields” dated 1870 with its amendments and handwritten annotations, covers such essential regulations as the fact that a quartz claim “..shall not exceed 100feet in length to be measured along the supposed course of the lode vein by a width not exceeding 150 feet upon each side of the supposed course for each holder of a miner’s right.

 CALL FOR ENTRIES  On subjects relating to energy

and natural resources law

Open to law students and law graduates

(within the last 3 years)

Topics due for approval by 2nd October.

Essays due 27th November

ENERGY LAW ASSOCIATION’S

2015 ESSAY COMPETITION

FIRST PRIZE - $3,000

FROM THE ARCHIVES:

Justice on the Goldfields

More information please contact:

Shelley Stephens 021 626 929

energylaw@xtra.co.nz

Jo Westgate

As of Monday 24th August 2015, Jo Westgate began working with Tina Williams Law. Jo will be based in Dunedin. Her mail will be directed to the Balclutha Office, P O Box 153, Balclutha, 9240. Her contact details will be office phone 03 4180041, which we will re direct to Jo. She will also be available on 027 310 9811, her email address is joanne@wwls.co.nz.

People on move

Partner Todd Whitcombe in the new offices of O'Neil

Deveraux