march 2011 layout
TRANSCRIPT
LEGAL services to Maori in Wel-lington have been re-establishedafter the closure of Te RatongaTure in 2009.
The new service will operatefrom within the Wellington Com-munity Law Centre to begin with.
Discussion and planning tookplace in 2010 led by an advisoryboard drawn from Ngati ToaRangatira and Ngati Raukawa.
The newsletter of the Welling-ton Community Law Centre saysthe new service will strive to em-body appropriate Maori tikangavalues and solutions, and will ad-dress legal needs in the context ofan individual’s or community’ssocial, spiritual and cultural needs.
It is hoped that the service willbe operational later in 2011.
The monthly newspaper of the
COUNCIL BRIEF Council Brief [email protected]
Reynolds Advertising
MARCH 2011ISSUE 401
By Nerissa Barber
❑ President’s Column
We Sell:
Italian Small Business Leather GoodsFountain Pens
Fine Writing Paper & CardsHandcrafted Italian Leather Bookbinding
Established in 2000 Florence, Italy
10 Waring Taylor St, 6011 Wellington. Ph/Fax 04 499 0887For any information contact Stefano at:
AT this time our thoughts are with everyone affectedby the Christchurch Earthquake on 22 February.
The stories of great bravery and courage, alongwith community, national and international gener-osity, are uplifting, as we all pull together after thisdevastating event.
Soon after the quake our Wellington Branchcontacted our friends in Christchurch and I ampleased to be able to report that our colleagues at
the Canterbury Branch are well. However, as I write, we areanxiously awaiting news of all our Canterbury colleagues.
Members of the Wellington legal community are actively andgenerously providing assistance. Just one example is our Women inLaw Committee’s upcoming event with former Wellington mayorKerry Prendergast. Because of the generosity of those involved, allproceeds from the evening will go to the Christchurch women’srefuge. All our members are welcome; details elsewhere on thispage.
OVER the last six months the BranchCouncil has been engaging with keystakeholder groups.
When meeting with members ofthe Young Lawyers Committee,some of the themes that emerged in-cluded enhancing connections withthe law schools and with law students,particularly those in their final years.
Nerissa Barber says that as a resultof this, in March the Branch is toparticipate in Victoria University’sCareers Expo.
“We have been liasing with theuniversity’s careers service on otherways we can work together, and Ihave also been attending VictoriaUniversity’s Law School’s regularmeetings.
“Recently, too, I met with DavidSmith, the incoming president of Vic-toria University’s Law Students As-
Earthquake tragedy overwhelms
sociation. Today’s law students par-ticipate in an impressive array ofevents, including Law Camp, the An-nual Quiz Night, tennis tournaments,cricket and rugby matches, amentoring programme, a Talk Serieswith prominent public figures, theMoots, Client and Witness InterviewCompetitions, a debate with theMaori Law Students Association anda Leavers’ Dinner, supported by ourlaw firms and other members of ourprofession.
“Council is concerned at thenumber of law graduates yet to findjobs. Our CV database service for lawgraduates looking for work is one waywe have been helping to alleviate theproblem. Members of our professionwith any work available for a lawgraduate, even if just for a few hours,are invited to contact the Branch.
An entertaining evening with Kerry Prendergastthat will also help support Christchurch
The IPENZ engineers and Women-in-Law Commit-tee of the NZLS are combining to present the dy-namic leader Kerry Prendergast on Tuesday 22March 2011. Everyone is welcome to come andhear Kerry speak on her experiences from “Midwifeto Mayor and Beyond” at 8th floor Boardroom, 26Waring Taylor Street, Wellington.
At 5.15pm light refreshments will be provided andthen around 5.45pm Kerry will speak and thenanswer questions from the floor.
Tickets cost $10 per person with all proceeds going to the ChristchurchWomen’s Refuge.
Following the September 2010 earthquake there was a 53% increase indomestic violence incidents reported to the police and in the 30 daysafter, Christchurch Women's Refuge statistics increased by 30%(source: Women’s Refuge CEO Heather Henare). After the February2011 earthquake the refuge is run off its feet and resource are strapped,but doing a brilliant job.
RSVP and payment required by Friday 18 March 5pm. RSVP by [email protected] or phoning Claudia at 04 472 8978.
Payment may be made directly to the Wellington Branch office of theNZLS (level 3, 26 Waring Taylor Street) or make a direct debit into theWellington Branch BNZ account 02 0500 0947006 00 (Please includeyour first and last name and ‘Women’ in your deposit reference).
Young Lawyers help in Red Crossappeal for Christchurch
earthquake victims
Young Lawyers Chantelle Stirling of Buddle Findlay and
Jordan Williams of Franks & Ogilvie collecting for the Red
Cross Christchurch earthquake appeal on The Terrace last
Thursday. Another group of around 20 Young Lawyers was
collecting in the city at lunchtime on Friday.
ON a happy note, in February I was de-lighted to represent the Wellington legal pro-fession at the swearing in ceremony of HisHonour Judge Peter Hobbs. His Honour wasformerly a commercial partner in GibsonSheat and also practised in sports law. Thiswas a joyous occasion for all the family,friends and colleagues present.
I was particularly delighted to appear be-cause of several family connections, includ-ing His Honour’s father, Judge MichaelHobbs, presiding at the swearing in cer-
emony of my father to the District Court Bench some 30 years ago.
The Solicitor General, Dr David Collins QC, spoke eloquently onthe qualities sought in a District Court Judge and the eminentsuitability of the appointment of Judge Hobbs. His Honour will firstsit in Manukau and later return to Wellington.
http://www.pixs.co.nz
-
-
--
Judge Hobbs sworn inBy Nerissa Barber Kerry Prendergast
Council builds relationships withyounger lawyers and graduates
Maori legalservices to
operate throughlaw centre
-
Judge Peter Hobbs
-
-
• Sandra Moran 3
• Des Ryan 4
• Last Resort 5
• Tony Smith onChristchurch quake 6
In this issue:
BRANCH President Nerissa Bar-ber says the news that ADLS mem-bers have voted againstamalgamating with the NZ LawSociety is disappointing.
“Our Council will be consider-ing the implications for Wellingtonmembers of the Auckland vote.
“The survey completed by over400 of our members late last yearwill be helpful in informing Coun-cil’s discussions on this matter.”
Auckland votedisappoints
Page 2 – COUNCIL BRIEF, MARCH 2011
Wellington Branch Diary MarchThursday 10 MarchCourts Committee, 1pm.
Monday 14 MarchThe Use of Formal Logic for Effective Advocacy. NZLS CLE Workshop.Wellington Convention Centre, 9am-4pm
Wednesday 16 MarchWellington Branch NZLS Council Meeting, 3.30pm
Tuesday 22 MarchFrom Midwife to Mayor and Beyond – Kerry Prendergast,Level 8, NZLS Building, 26 Waring Taylor Street, 5.15pm. See page 1
Wednesday 23 MarchEthics for Litigators. NZLS CLE Seminar.James Cook Grand Chancellor, 1pm-5pm
Thursday 24 MarchPsychological issues in Family Court relocation cases.Wellington Family Courts Association. Wellington District Court, 5.45pm.RSVP [email protected]
Friday 25 MarchChildhood development and custody workshop by Dr Philip Stahl.NZ Psychological Society. [email protected] ; 04 473 4884
Women-in-Law Committee, third floor NZ Law Society Building, 1pm
Monday 28 MarchDeadline for April issue of Council Brief
China Law Society visit
Wednesday 30 MarchLegal, Tax and Practical Issues when Choosing and Structuring BusinessEntities. NZLS CLE Seminar. Spectrum Theatre, 1pm-5pm
March 17-18 2011 – Assertiveness, InfluencingSkills & Conflict Management for Women Managers,Museum Hotel, Wellington. www.conferenz.co.nz
April 8 2011 – Child Law Conference 2011,Rydges Hotel, Auckland. http://lexisnexis.co.nz
April 18-19 2011 – 12th Annual Medical LawConference, Amora Hotel Wellington.www.conferenz.co.nz
April 27-28 2011 – 10th Maori Legal Forum, TePapa. www.conferenz.co.nz
May 5-7 2011 – Child Protection in Australia andNZ – Issues and Challenges for Judicial Admin-istration, Brisbane. Autralasian Institute of Judi-cial [email protected]
May 12-13 2011 – CLANZ 24th annual confer-ence, Napier. www.clanzonline.org
May 16-17 2011 – Youth Advocates’ Conference,Wellington. NZLS CLE
May 17-18 2011 – Reviewing NZ’s AccidentCompensation System, Amora Hotel, Welling-ton. www.conferenz.co.nz
May 27-29 2011 – 4th Lawasia Children and theLaw Conference, Siem Reap, Cambodia. http://lawasia.asn.au
June 16-17 2011 – NZLS CLE Trusts Confer-ence, Te Papa. (Also Auckland June 9-10).www.lawyerseducation.co.nz
September 19-22 2011 – 6th International Con-ference on Legal, Security and privacy Issues inIT Law, Nicosia, Cyprus. www.lspi.net/
October 9-12 2011 – 24th Lawasia Conference,Seoul, Korea. http://lawasia.asn.au
Conferences
You can use this diagram for either the Quick or Cryptic Clues, but the answersin each case are different. This month’s solutions are on page 7.
Cryptic CluesDOWN1. An abnormal appetite, no argument about
that (6)2. In turn it benefits the lucky gambler (8,5)3. I’ve an arrangement that’s simple (5)5. Get what is left (7)6. Though yellow at heart, it won’t run (4-
6,3)7. Mounting a revolt, perhaps (6)8. An entrance of ornamental stone (5)13. Show a beam that is left (7)15. A cloister will be more confined without it
(6)16. Employing some various ingredients (5)17. Illicit photographs? (6)20. They are certainly biased but game (5)
ACROSS1. I put in a call for ventilation (6)4. It’s always one thing or the other (6)9. The bird song that wakes you at dawn?
(7,6)10. The height of a severe storm (7)11. Flier has a sash in the Royal Navy (5)12. You’re going places if they’re in the
right direction (5)14. It may be trodden on in flight (5)18. Inferior ox, for example (5)19. Citizen under discussion (7)21. It helps to drive one round the bend
(8,5)22. Passes on the messages about the races?
(6)23. A guess about customs (6)
COUNCIL BRIEF CROSSWORD
Quick Clues
DOWN1. Abundance (6)2. Calm (13)3. Hurry (5)5. Forsake (7)6. Premier (5,8)7. Fester (6)8. Out of practice (5)13. Merciful (7)15. Chase (6)16. Hackneyed (5)17. Cordial (6)20. Sea-map (5)
ACROSS1. Condition (6)4. Over-indulge (6)9. Remonstrance (13)10. Anguish (7)11. Abide (5)12. Suppress (5)14. Not suitable (5)18. Of a town (5)19. Lean (7)21. Theme (7-6)22. Happenings (6)23. Astral (6)
s52, when read together, was that service providers wouldhave to provide services to a person with a disability ortreat those persons no less favourably in connection withthe provision of those services subject to a reasonablenessrequirement – s52 was definitional because it informed theconcept of what less favourable treatment meant in cases ofdisability – the comparative exercise in this case wasstraightforward – essentially the comparison was betweenappellant and all other passengers without appellant’s dis-ability-related need for oxygen – on that analysis, appellanthad been treated less favourably in relation to the provisionof oxygen, by reason of her disability – issue then becamewhether Air New Zealand’s response was reasonable interms of s52 – s52 required an evaluative analysis of theproportionality or reasonableness of the provider’s re-sponse – the onus to show that the test in s52 was met wason the provider, and the standard of proof was on thebalance of probabilities. When all factors were taken intoaccount, such as costs, aviation regulations and passengersafety, Air New Zealand could not reasonably be expectedto provide supplementary oxygen without imposition of acharge – whilst there was a prima facie breach of s44, AirNew Zealand’s approach was not unlawful because it fellwithin s52 – appeal dismissed accused needed to show thatthey had a knowledge or reasonable belief that the otherparty to the transaction was the Crown – there was nosuggestion the accused had such a belief – accordingly,appeal allowed – respondent’s conviction and sentencereinstated.
Note: Leave to appeal to Supreme Court has been granted
Case summaries based on those written for LINX database. Copies of thejudgments are available from the NZLS High Court Library:
[email protected] 64 4 473-6202 o 0800 FORLAW– 0800 36 75 29
Smith v Air New Zealand – [2011] NZCA 20 – O’ReganP; Chambers and Ellen France JJ – 18 February 2011Unsuccessful appeal against decision dismissing a claimunder the Human Rights Act 1993 (the Act). Appellantmade a claim under the Act about the way in which AirNew Zealand Ltd accommodated her requirements foradditional oxygen, as a result of a medical condition, ondomestic and international flights. The Human RightsTribunal concluded Air New Zealand had breached s44(provision of goods and services) in that is was an integralpart of Air New Zealand’s travel service to provide oxy-gen its passengers needed to maintain life and health,when at altitude – Tribunal considered the position withoxygen was not equivalent to that relating to the supply ofmedicines, because everyone needed oxygen and it wassupplied to everyone – as such, Tribunal held, people weretreated equally when they got the oxygen they needed,even if the cost to Air New Zealand was greater for somethan others – Tribunal found, in requiring some to pay asupplement or to supply some part of their own oxygen,Air New Zealand treated those persons less favourablythen those who did not have to pay or part supply –however, Tribunal was satisfied Air New Zealand’s con-duct came within exception in s52 (exception in relation todisability). On appeal, HC concluded Air New Zealanddid not treat appellant less favourably by reason of herdisability and so did not discriminate against her unlaw-fully as prohibited by s44(1)(b) – HC went on to considers52 and agreed with Tribunal’s conclusion Air New Zea-land had acted reasonably – HELD: the effect of s44 and
Interested New Zealand cricketing lawyers, players,umpires, scorers, and supporters are invited to participateas members of the New Zealand Lawyers Cricket Team toplay at the Third Lawyers Cricket World Cup in Barbadosfrom 29 July to 22 August 2011.
The Third Lawyers Cricket World Cup is to be hosted by Barbados WestIndies Cricket Practitioners. Teams will be participating from West IndiesNorth, West Indies South, Australia A, Australia B, English Solicitors, EnglishBarristers, India A, India B, Sri Lanka, New Zealand, Ireland, South Africa A,South Africa B, and Pakistan. There will be important and topical seminarpresentations for continuing legal education on the rest day.
We need between 14 to 17 cricketers to play six games during the LCWCweek. Wives and partners are most welcome to participate in the trip.
Three games will also be arranged in London on the way to Barbados. Likelytravel dates will be 29 July to 22 August. Itinerary and costs – for estimatedper head return travel, accommodation and games costs – are yet to be finalised.
Please send indications of interest and obtain an application form from theNew Zealand Lawyers Cricket Committee organiser John [email protected]
LAWYERS CRICKET WORLD CUP
Invitation to participate in the third Lawyers CricketWorld Cup 2011 in Barbados, West Indies
29 July To 22 August 2011
❑ Urgent: Applications for NZ group to theThird International Lawyers’ Cricket World Cup –
Barbados Seminars, 7-21 August 2011,close on Friday March 11 2011
MADESIGNm
© Mark Gobbi 2011
1 A chess set has 16 pawns.Place these pawns on theboard so that each row, eachcolumn, and each diagonal hasno more than 2 pawns.
2 In this position, black sees anexchange that would win apawn. What does black see?If black acts on this insight,how should white respond?
Answers: See page 4
Council Brief [email protected]
Legal SituationsVacant page 8
COUNCIL BRIEF, MARCH 2011 – Page 3
OBITUARY
MEMBERS of the legal professionand former clients along with fam-ily and friends have mourned therecent death of Sandra Moran.
Sandra was a trailblazer forwomen lawyers. In 1989 she wasthe first woman to be elected aspresident of the Wellington DistrictLaw Society, then in its 116th year.She was also the first woman tohold the positions of the Society’svice-present and treasurer, andserved on a number of committees.She was deputy chair of the Wel-lington Law Practitioners’ Discipli-nary Tribunal from 1992 to June2005, and was a member of theNew Zealand Law Society Councilfrom 1987 to 1989.
Sandra Moran was born in Wel-lington on 9 June 1945. Her parentsPeter and Mary were children ofLebanese immigrants and Sandraremained close to the Lebanesecommunity throughout her life. Sheattended St Mary’s College in Wel-lington and studied law at VictoriaUniversity. She was admitted as abarrister and solicitor in February1970.
She went to work at the firm ofAlexander, J H & Julia Dunn. Herpartner at Oakley Moran, PeterCranney, said in his eulogy atSandra’s funeral, that this was a“defining event” in her legal career.
“The formidable Jimmy Dunntook a shine to her and gave her thejob. He was to be her mentor along
with Tom Goddard, then a partnerin the practice.”
The firm was mainly engaged inlitigation, and while it was not par-ticularly common then for a womanto appear in court, Sandra did soand did it very well. By 1971 shehad become a partner.
In the early days of her career,she did a lot of criminal and domes-tic work, areas that she never aban-doned. Peter Cranney said sheacquired a reputation for successand began to receive many instruc-tions from other clients and fromother firms to handle criminalcases.
“She was particularly noted forher pleas in mitigation which sheadvanced in such a thorough andprofessional way that she gainedthe admiration of all the judges. Onone occasion, after she had deliv-ered her mitigation plea, her clientapproached her with tears in hiseyes. When she enquired of himwhy he was crying, he said ‘Well,Miss Moran, I was so moved byyour description of me that I didn’teven recognise myself’.”
Peter Cranney says her percep-tiveness and eloquence helpedmake her a very effective advocatewith juries. “Within a short time,Sandra became more heavily in-volved in the firm’s substantialdefamation practice. She rapidlybecame one of the most experi-enced and highly regarded advo-
cates and advisers in that area of thelaw, a reputation which remainedthroughout her life. In this context,she had contact with many publish-ers, editors, journalists and promi-nent people, either defending themor defending those who had criti-cised them.”
By the late 1980s, she was apartner in Oakley Moran, and prac-tising widely in industrial and em-ployment law. With legislativechange and in an uncertain employ-ment climate at the time, she arguedcases which seemed to beunwinnable, but still won them.
“She argued for the right of aunion to access workplaces. Thatcase remains an important judg-ment to this day. She also success-fully argued against the legality of a
partial lockout, the effect of whichwould have seriously compromisedwage earners. Again, before theresult, that case was said to beunwinnable.”
In 1998, when the New ZealandFire Service attempted to break theunion by dismissing firefighters enmasse, it was Sandra that the unionengaged. After a long trial, charac-terised by courage, determinationand skill, Sandra won the case.
The NZ Firefighters Union paystribute to Sandra’s work on itswebsite, in particular about her partin that 1998 case.
“It is no exaggeration to say thatall firefighters owe a massive debtto Sandra. If it was not for her intel-lect, wisdom, effort and commit-ment, the Fire Service today wouldbe a very poor and ineffective or-ganisation indeed.
“Sandra also acted in many otherlandmark cases for other unions aswell. [She] will be rememberedwith much affection and honour bythe union.”
She continued to act for unionsand workers up to the time of herdeath, and Peter Cranney says shewas respected by the judges of theEmployment Court, by the mem-bers of the Employment RelationsAuthority, and by the mediators inthe mediation service.
Beyond the profession, Sandraserved on a number of statutorybodies. She was deputy chair of theNZ Medical Practitioners Discipli-nary Tribunal and its successor, theHealth Practitioners DisciplinaryTribunal; president of the Film andLiterature Board of Review (April1995-June 2001); independent ad-visor to the Medical Misadventure
Unit of the ACC (and chair of thecommittee which preceded its es-tablishment); and the legal memberof the Chiropractic Board and thePsychologists Board.
She was a president of ZontaWellington, executive member ofthe Wellington division of the Can-cer Society of NZ, and foundingmember and trustee of the CancerInstitute of NZ.
Peter Cranney says Sandra didnot regard the law as primarily abusiness. With her charitable in-stincts and sense of fair play, hesays, she was focused on meetingthe needs of her clients and “… forthose who could not [pay], the feewas reduced or even waived.”
Sandra was an astute judge ofcharacter, an attribute which sheemployed to the great advantage ofher clients. Whilst respectful of au-thority, she knew that, like the restof humanity, those who sat in judg-ment had their foibles and limita-tions too. In the interests of thosewhom she represented, she did notshrink from any challenge. Shewas a person of great courage and,in litigation, did not take a back-ward step, as opponents oftenlearned to their cost.
Peter Cranney read a messagefrom past and present Judges of theEmployment Court: “Sandra was,as has been noted correctly by oth-ers, an uncompromising upholder ofthe legal rights of the powerless, noless in employment law than in theother fields in which she practised.Sandra was noted and respected asa fierce advocate for her clients andit is not possible to think of any oc-casion when they could have had abetter job done for them in court.”
First woman president of Wellington District Law Society Sandra Mary Moran – 9 June 1945-30 January 2011
CARTE, ETC.was established inFlorence, Italy, in2000 by two broth-ers Stefano andStefania Di Santo.
The idea of theshop was to create a meeting pointfor people who still love to hand-write their letters and usetraditional leather bookbindingproducts.
These fine articles are made en-tirely by hand by skilled craftsmenin our workshop in Florence, con-tinuing the tradition of Florentineleather book-binding and marbledpaper.
Manufacture of the marbled
paper follows time-honoured prin-ciples that master-craftsmen haveused over the generations. The pho-tograph albums and notebooks aresimilarly hand-made.
In addition to their craft book-binding, the store specializes inleather goods and writing instru-ments made in Italy.
In 2010 CARTE, ETC. openeda second store in Wellington aim-ing to introduce New Zealanders tothe products and brands that epito-mize Florentine traditions of hand-crafted leather and bookbinding.
Address: 10 Waring TaylorStreet, 6011, Wellington, New Zea-land. Ph./Fax: 04 499 0887.E-mail:[email protected]
❑ Advertising Feature
Florentine traditional craft
Epic databases on my.lawsocietyNew Zealand lawyers are now able toaccess the EPIC databases on theirdesktops through my.lawsociety.You will find it on the Library pagesunder Resources. This has been ar-ranged by the NZLS Library Servicevia the EPIC consortium. It consistsof databases from Gale and Ebsco ona wide range of subjects.
There are 27 Gale databaseswhich cover a wide range of subjects.Of most interest for legal informationis LegalTrac, which indexes over1400 legal journal titles (includingNZ) and also includes law-related ar-ticles from over 1000 additional busi-ness and general interest titles. Otherdatabases relevant to lawyers includethe Criminal Justice Collectionwith over 150 journals focusing onlaw enforcement and criminology,Environmental Studies & PolicyCollection and the AgriculturalCollection for resource managementissues, and Business & CompanyASAP for commercial issues. Thereare also collections on nursing andhealth care, psychology, and commu-nications amongst others. In addi-tion, the Health and WellnessCollection may be of interest foryour life/work balance.
The databases available fromEbsco include the Australia/New Zea-
land Reference Centre which com-bines Australasian magazines, news-papers, newswires and referencebooks. It is the largest collection ofregional full text content available tolibraries in Oceania. This database in-cludes leading New Zealand and Aus-tralian periodicals and internationalperiodicals in full text, full text refer-ence books, over 80,000 full text bi-ographies and an image collection ofover 510,000 photos, maps and flags.
The MasterFILE Premier data-base includes nearly 1700 generalreference publications with full textinformation dating back as far as1975. Covering virtually every sub-ject area of general interest,MasterFILE Premier also containsfull text for nearly 500 referencebooks and over 164,400 primarysource documents, as well as an Im-age Collection of over 502,000 pho-tos, maps and flags. This database isupdated daily via EBSCOhost.
Contact Library staff for more in-formation on using EPIC.
InternetCaselaw New South Waleswww.caselaw.nsw.gov.auThis is a new site from the New
South Wales government which hasall the caselaw from NSW courts andtribunals in one place. Very handy.
Library catalogueA reminder to you all that the li-
brary catalogue is on the web at http://www.lawsocietylibrary.org.nz/cata-logue/ Here you can find whatbooks, journals and law reports wehave, including what is the latest is-sue received.
And finally, a blog – a CriminalLaw Blog – developments in leadingappellate courts. This blog coverscommon law jurisdictions, but with aNew Zealand link as it is written byDon Mathias. http://www.nzcriminallaw.blogspot.com/
It is worth visiting.Finally, our thoughts are with all
our Christchurch colleagues as theystart once again to repair their lives,homes and workplaces.
By Robin Anderson, Wellington Branch Librarian
❑ Library News
New databases available through NZLS library
Page 4 – COUNCIL BRIEF, MARCH 2011
OBITUARY
ON 4 January this year we lost ourcolleague and dear friend Des Ryanafter a long illness.
We had been preparing for it, ofcourse, but the reality of his deathwas still a shock as we found itdifficult to believe that a man withso much life, so much energy andsuch inexhaustible good humourhad left us.
Des had been a senior solicitor atthe Department of Building andHousing since 2005. He was an ex-pert in leaky homes, and in particu-lar the application of theWeathertight Homes ResolutionService Act. There were few law-yers around the country, if any,with his grasp of not only the legis-lative provisions but also the policywork underpinning the legislation.
He worked on the implementa-tion of the 2002 Act when he waswith the Department of Internal Af-fairs, and at the Department wasinstrumental in the developmentand implementation of the 2006legislation. He was an invaluableresource to the Department’sWeathertight Services Group andwas inevitably besieged every dayby internal clients who wanted notonly legal advice but also just awise head and good counsel on athorny issue of judgment.
Desmond Peter Ryan (Des) – 29 December 1951-4 January 2011
Leaky homes, though, were justthe final chapter in a varied andsuccessful career. He spent 15years in legal publishing, and hewas managing editor on a widerange of law reports and periodi-cals.
Des then spent some years doingcommunity work, setting up andadministering charitable trusts de-livering social support services toalcoholics, addicts and their fami-lies. As in all his endeavours, hemade a real difference; his workresulted in changes to the metha-done programme, he pioneered pri-vate needle-exchange services andset up and ran half-way houses forrecovering addicts.
He subsequently returned to thelaw, working in the ParliamentaryLibrary for four years, setting upand editing the Bills Digest duringthat time.
Six years at the Ministry of Jus-tice as a senior legal advisor fol-lowed, specialising in criminal andinternational law. From there, itwas on to leaky homes, first withInternal Affairs and then finallywith the Department of Buildingand Housing.
In 2010 Des was nominated forthe CLANZ in-house lawyer of theyear award. The nomination was
By John Sneyd, Chief Legal AdviserDepartment of Building and Housing
intended to recognise his years ofhigh quality customer service to in-ternal clients at the Department,and his enormous contribution tothe Department’s work and to leakyhome owners across the country.He was delighted to have his workrecognised through the nomination.In a recent function at the Depart-ment celebrating his achievements,he was deeply moved to receive aframed letter written by HonMaurice Williamson, the Ministerfor Building and Construction,thanking him for his outstanding
contribution and spirit of publicservice.
But Des was so much more thanthe sum of his professional experi-ence and achievements. He was aman of extraordinary warmth, en-ergy and compassion with endlessenthusiasm for his work and for thepeople around him.
Des dearly loved his wifeBarbara, and the day of their mar-riage a few months ago is how I willremember him best – surroundedby those he loved, basking in hisadoration of Barb and beamingfrom ear to ear.
He was fiercely proud of hischildren, and loved being Koro tohis mokopuna.
At work, there was no better col-league. He was a talented lawyerand clients loved him for hiswarmth and robust pragmatism. Inour legal group we loved him forhis irrepressible sense of humour,his concern for his colleagues andthe social impetus he gave to theteam – and, of course, his unsur-passed style. No-one dressed betterthan Des. You can only imagine hisdelight when Crane Bros opened astore in Wellington across the roadfrom the office; no longer did hehave to fly to Auckland to buy suitshe considered acceptable. It be-
came the ultimate accolade for anynew purchase: “Des would wearthat”.
He was always the first to aparty, and the last to leave. He wasalways the person responsible forour team meetings degeneratinginto raucous hilarity. There werealways fresh flowers on his desk,his desk that was impeccably cleanand tidy. He knew everyone at theDepartment, and everyone knewhim.
Des bore his illness with graceand dignity. He never once com-plained about the burden he wascarrying, but kept playing his rolewithin our team. Only days beforehis death, at the last team meetingof the year, he had us helpless withlaughter at one of his classic one-liners.
In the months before his death,we shared some really special timeswith him. I look at his empty desknow and I miss him. I’ll miss himeven more at our Friday morningteas when he was always at his mis-chievous best. Every day I think ofhim, resting in Makara with a viewover the hills, and I remember a finelawyer and a wonderful friend.
I am very proud to have beenDes Ryan’s friend and colleague.Haere ra, e hoa.
Candidate Sophie Young withher moving counsel and mother
Susan Young.
2. Black sees 1…NxNe4 2 dxNe5 Qxe5, which exchanges knights and wins a pawn. White would respond with 2 Nd6+, which forks black’s king, queen, and rook to win black’s queen. Black wins a pawn but loses a queen in doing so.
1. A solution follows (others are possible):
MADESIGNm
Answers for puzzles from page 2
Candidate Melissa Bourke (second from left), her mum JudiRussell, husband Piet Bourke, and dad John Vivian.
Candidate Emma Wong-Ming with baby Jessica.
Council Brief [email protected]
http://wellingtonwomeninlaw.blogspot.com
Check out the Women-in-Law website
Delores Hoy, Patrick Morgan, Kate Stone, candidate HannahMorgan-Stone, and her moving counsel Tom Bennion.
Admitted to the BarThese candidates were admitted to the Bar at the
Wellington High Court on 4 February 2011.
Alexandra Dunlop ChapmanSudipto GhosalAnna Ruth GloverThomas Andrew HuthwaiteOwen Edmund JaquesDarrel John KinghanHannah Beth Morgan-StoneNicholas William PolsonRupert Alexander RouchEmily Charlotte SimcockSophie Elliott Young
Alexander Michael David BeattieMelissa Mary BourkeTimothy Dean FletcherAlexander Waimarie FraserDevaki Sivagamasundari AnneNaganathanLaura Lee StuartTracy Rita TunnicliffeStephanie Aktina TzanetisEmma Louise Wong-MingJoel Willem van de Ven-Long
ADMISSIONS
Emily Simcock with her moving counseldad David Simcock.
LAST RESORT GOLFCOUNCIL BRIEF, MARCH 2011 – Page 5
For lawyers’ meetings, business or pleasure,
Maginnity’s offers culinary flair and style. The
recently refurbished restaurant is the perfect
complement to your business meeting or a
relaxing after-work dinner in an intimate setting…
The Wellesley Boutique Hotel is an
ideal meeting place for lawyers – for
conferences, gatherings or seminars.
Four meeting rooms of differing size
suit smaller or larger groups. One has
an adjoining private office so is ideal
for arbitrations and mediations.
200m from Law Courts – free Wi-Fi – luxury accommodation – on-site meeting space
Contact Clarice Olckers, Functions [email protected]
2-8 Maginnity Street, Wellington 6011, 0800 272 452 or 04 474 1308
www.wellesleyboutiquehotel.co.nz
Administrative LawOxford : Oxford University Press, 2009 10th ed
Agreement for Sale and Purchase of Real Estateeighth edition 2006(3), Auckland : ADLS Inc 2010
Arbitration Wellington :Thomson Brookers Ltd 2010
Bowstead & Reynolds on AgencyLondon : Sweet & Maxwell, 2010. 19th ed
Charitable Trust Deed and Governance of Charities,Auckland: ADLS Inc 2010
Charlesworth & Percy on NegligenceLondon : Sweet & Maxwell, 2010 12th ed
Clerk & Lindsell on Torts London: Sweet & Maxwell2010 20th ed
Compensating Crime VictimsWellington : Law Commission, 2010
Contract Law Update Auckland : ADLS Inc, 2010
Conveyancing Pot Pourri I of 2010Auckland : ADLS Inc, 2010
Criminal Law Symposium 2010, Wellington: NZLS,2010
Cross and Tapper on Evidence, Oxford: Oxford Univer-sity Press, 2010, 12th ed
Dealing with Documentation in Litigation, Auckland :ADLS Inc, 2010
Ethics for Solicitors – What’s Relevant in 2010?, Wel-lington : NZLS, 2010
Garrow and Fenton’s Law of Personal Property in NewZealand, Wellington : LexisNexis NZ, 2010, 7th ed
Guarantees, Wellington : NZLS, 2010Immigration Act 2009 Update, Auckland : ADLS Inc,2010
Limitation Periods, London : Sweet and Maxwell, 2010,6th ed
Local to Global: the History of Brookers 1910-2010,Wellington : Brookers, 2010
Media Law in New Zealand, Wellington : LexisNexis,2010, 6th ed
Mental Impairment Decision-Making and the InsanityDefence, Wellington : Law Commission, 2010
Mortgages Companion: a Practical Guide to the Law ofMortgages in New Zealand, Wellington: LexisNexis,2009
Nevill’s Law of Trusts, Wills and Administration,Wellington : LexisNexis, 2010 10th ed
New Zealand Coastal Policy Statement 2010, Welling-ton: Department of Conservation 2010
Review of the Civil List Act 1979.Members of Parliament and MinistersWellington : Law Commission, 2010
Overall winner with 44 points was John Steel,winner of the Halsbury Shield.
“Closest to the Pin” competition.
Dinner following the Last Resort golf tournament.
New books NZLS Library – Wellington
A good crowdof golfinglawyersenjoyed agreat day outat the ‘LastResort’ golftournament inMasterton on23 February.
David Anderson, Heath Gair and Sophie Kirton.
Last Resort resultsOverall winner, Halsbury ShieLd – John Steel, 44 points
0-18 handicappers - Richard Howie - 43 PointsMark Sinclair - 42Nigel Stirling - 40John Simpson - 40Tim Grooby - 39Mike Gould- 37
19 - 36 handicappers Barry Roche - 4Alan Henwood - 41Nat Dunning - 38Heath Gair - 38Tony Southall - 38Peter Quinn - 37
Ladies Winner Rachael Barton - 42
Teams Winner Rachael BartonJohn DeanRobert ArmstrongNat Dunning - 147
Ambrose Winner Debbie Van ZylAndrew BeckDavid WalkerJohn Harkness - 63 net
❑ Continued page 7
Criminal, Traffi c Accident InvestigationsFile/Case Analysis
TELEPHONE 021 663 236WELLINGTON: PO BOX 30080, LOWER HUTT, NEW ZEALAND
CENTRAL NORTH ISLAND: PO BOX 7168, WANGANUI, NEW ZEALAND E-MAIL: [email protected] WEBSITE: [email protected]
CVs available atWellington BranchTHE Wellington BranchNZLS holds the CVs oflawyers and people pre-paring for admissionwho are looking for em-ployment. If you arelooking for a researcheror a new employee (parttime or full time) contactthe Branch to seewhether we can matchup a candidate with theskills you are lookingfor.
Page 6 – COUNCIL BRIEF, MARCH 2011
Typing pleadings • Opinions • CorrespondenceTranscribing hearings, arbitrations, interviews
Concept Secretarial has the facilities to receive and transcribe
digital voice files via email
CONCEPTSecretarial Services Limited
LEGAL WORD PROCESSING • SECRETARIAL SERVICES
LEVEL 14, 89 THE TERRACE, WELLINGTON Telephone (04) 473-0277 Fax (04) 471-0672
Email: [email protected]
By Professor Tony Smith,Dean of Victoria University’s Law School
Professor Tony Smith
VUW LAW FACULTY
PROBLEM:Need To Move The Too Hard Files?
SOLUTION:Hands On Practical Assistance For:
- Billing, Statements & Reporting Letters- Stale Balances, Trust & Office Account- Drafting Documents
Contact Mark Phillips
Secure Financial Systems Limited
Telephone 04 233 9280
Mobile 027 436 8865
www.securefinancialsystems.co.nz
TOO HARD FILES
THE “Too Hard File” smoulders inmany practitioners’ offices, be they soleoperators or working in a large firm.Here is an opportunity to engage some-body to help you put out the fire in asupportive and non-threatening envi-ronment.
To provide a practical solution tomoving the too hard file, Mark Phillipsat Secure Financial Systems Limited of-fers a unique service to deal with a widerange of issues that you may have inyour office. These range from dealingwith stale balances, reconciling state-ments and billing files, to actually work-ing on files including drafting lettersand documents.
There are a number of ways that canbe used to move a too hard file. Forexample, the practitioner may discussthe file with Mark, and then dictate thedocument or letter that is needed toprogress the next step; or the practi-tioner may give Mark the file with theinstruction to complete it. Mark willthen review the file and discuss a sug-gested course of action.
More specifically, the range of serv-ices Secure Financial Systems Limitedoffers is:• Prepare the bill and where necessary
statement in the style of your office.Prepare reporting letters. All docu-ments signed by the practitioner.
• Draft documents, including, ac-knowledgments of debt, gift state-ments, ADLS leases, wills, probates,estate administration, deeds of fam-ily arrangement and affidavits for thepractitioner’s approval.
• Deal directly with clients as directedby the practitioner.
• Assist with administrative matters.• Deal with complaints of clients about
the law firm including preparing sub-missions and attending bill reviewhearings.
Generally, the practitioner signs allcorrespondence, though sometimes it isconvenient to have Mark sign – givingthe air of a fresh face dealing with theissue. The service provided is designedto provide documents that belong to thepractitioner and they are happy to sendout to their clients.
The frequency of visits is solely up tothe practitioner ranging from a one-offvisit to weekly to monthly.
Mark has had referrals from theFinancial Assurance Committees of theWellington District Law Society and theWellington Branch of the New ZealandLaw Society and the convenor of thosecommittees has expressed personal sat-isfaction with the results obtained.
Contact Mark Phillips at SecureFinancial Systems Limited.
❑ Advertising Feature
IT is with consid-erable diffidencethat I add to thealready volumi-nous commentoccasioned byChristchurch’sanguish. It seemsinsensitive to
comment when so many have beenkilled, and not all the bodies havebeen recovered as I write. A fewremarks by way of mitigation then.I am a Christchurch native, bornand educated there. Family andmany of my oldest friends live thereand have been directly affected.Four days after the event, I find itdifficult to think of much else, or totear myself from the radio and tel-evision coverage. This morning, in-terviews were being conducted onTV One by the husband of my god-daughter – I shared a barbeque withthem in Christchurch over Christ-mas. Over his interviewees’ shoul-ders were the rusting red roof of thecottage that was the universitybookshop when I was first a stu-dent, and the beautiful stone ArtsCentre building that had once beenthe university registry where myfather used to work.
At Christmas, I was struck by thedegree to which people were invarious states of anxiety, exacer-bated by the Boxing Day shake.Normally phlegmatic folk wereclearly shaken, and ready to reliveand share their experiences. I amsure that I would have done thesame had I been in their place.Then, we were extremely lucky.Now, as the death toll rises day byday, we begin to appreciate justhow much we are at the mercy ofnature, which can take away life inan instant.
One interest that I developed inover thirty years in Europe was anappreciation of architecture, an-cient and modern. Christchurchwas blessed in this respect, with su-perb examples of both. When Ilooked at the Cathedral of theBlessed Sacrament with a fresh pairof eyes, for example, I was aston-ished by just how beautiful a build-ing it was. Now it lies broken, andthere are reports that it may have tobe demolished.
The reports of just how muchhas now been destroyed or compro-mised beyond repair are horrifying.My first instinct was to ask thequestion – how can it be saved orreplaced so as not to lose too muchof the heritage? One thinks of thecities of England (and London inparticular) so badly damaged in warbut which had somehow been re-stored. But the truth is that there,the need for rapid restoration meantthat a great many cheap and shoddybuildings were erected in haste.People needed housing andquickly, and the City neededpremises from which to function.
What then of some of the dam-aged cities in Europe? One canpoint to numerous examples of re-building in facsimile – Freiburg imBreisgau, and Cologne, where thecathedral that had been reduced to apile of rubble, is again the beautifuledifice with twin filigree spires thatit was before the bombs.
The difficulty with offeringthese historical incidents as exem-plars is that we now know thatChristchurch is earthquake prone.Perhaps the experience of Italy,which is also susceptible to earth-quake might be of more relevance?Assisi in 1997, and L’Aquila nearPadua in 2009, both suffered majorearthquakes, with considerableloss of life in the latter instance.Repair to some of the more signifi-cant heritage took years of pains-taking work, but it was done. Evenif one subscribes to the view of theEarthquake Minister GerryBrownlee that some ofChristchurch’s heritage buildingare “dungers” that have causeddeath and must therefore be de-stroyed (and I do not subscribe),one may express the hope that anx-ious thought be given in every casebefore the wrecker’s ball does itswork.
More realistically, I suspect, ourexemplar will be London after thegreat fire, from which St Paul’s it-self arose from the ashes, or Chi-cago after its great fire of 1871,which completely destroyed itscentral business district (with onlythe water tower surviving to tell ofdays long ago). Chicago was thebeneficiary of new technology, the
invention of the lift (“elevator”,which was also known as the “ris-ing room” in the early stages of itsdevelopment). When Christchurchrebuilds, it will need to learn thelessons of the technology that hasenabled the new art gallery to with-stand all that nature has had tothrow at it in these past few months.
There are not very many posi-tives to come out of this horribleepisode but perhaps one may befound in the attitude of the Univer-sity of Canterbury student volun-teers who (having been excludedfrom their campus) determined toassist by removing the toxic prod-uct of liquefaction. Those of us whowork closely with these youngknow full well that they are for thegreater part not the lazy layaboutsof cliche. Also reassuring havebeen statements of solidarity fromworld leaders everywhere, ac-knowledgments that we are notalone or forgotten, coupled with thewillingness of overseas experts tocome running to our aid from coun-tries that have great experience ofthe earthquake phenomenon.
Many of my friends and ac-quaintances overseas have been intouch to express concern and soli-
darity. I was particularly touchedby one received from a young Chi-nese law student, “Charlie” whohad been assigned to me as aminder during my recent visit toBeijing. I am sure that he wouldacquit me of a breach of etiquette ifI reproduce his email in full:
“I am surprised by the disasterhappened in your country. I feel sosad that the earthquake broughtgreat pain to New Zealanders.
2008, I experienced the earthquakehappened in my hometown. Thou-sands of persons lose their lives inthat catastrophe. So, I completelyunderstand your situation and feel-ings. I can do nothing but pray.”
We in Wellington can do a bitmore than pray. There are manylessons for us in the horrors ofChristchurch, and we must redou-ble efforts begun in Septemberto learn and apply them.
Working on the ‘too hard’ basket
Lessons from the horrors of Christchurch
COMMUNITY LAW CENTRE
COUNCIL BRIEF, MARCH 2011 – Page 7
COUNCIL BRIEFThe monthly newspaper of the
Advertising Rates: casual or contract rates on application. Telephone Robin
Reynolds, Reynolds Advertising, Kapiti Coast (04) 902 5544, e-mail:
[email protected]. Rates quoted exclude GST.
Deadline: for the April 2011 issue is 2.00pm, Monday March 28, 2011, for advertising
copy to be typeset; 10.00am, Wednesday March 30, 2011, for finished copy.
Circulation: 3150 copies every month except January. Goes to all barristers and
solicitors in the Wellington, Wairarapa, and Manawatu areas. Also goes to many New
Zealand law firms, to law societies, universities, judicial officers, and others involved
in the administration of justice.
Will Notices: $57.50 GST inclusive for each insertion.
Subscriptions: Annual subscription $46.00 incl. GST. Extra copies $5.00 each.
Subscription orders and inquiries to: The Branch Manager, New Zealand Law Society
Wellington Branch, P.O. Box 494, Wellington.
Editor: Chris Ryan, telephone 472 8978, (06) 378 7431 or 027 255 4027
E-mail: [email protected]
Opinions expressed do not necessarily reflect those of the NZ Law Society Wellington Branch or the Editor.
Council Brief is published for the NZ Law Society Wellington Branch
by Chris Ryan, and printed by APN Print, Wanganui.
THE WIZARD OF ID
Council Brief [email protected]
Crossword SolutionsFrom page 2
Across: 1 Airing; 4 Either; 9 Rousing chorus; 10Everest; 11 Robin; 12 Steps; 14 Stair; 18 Lower; 19
Subject; 21 Steering wheel; 22 Relays; 23 Usages.
Down: 1 Agreed; 2 Roulette wheel; 3 Naive; 5Inherit; 6 Hard-boiled egg; 7 Rising; 8 Agate; 13Portray; 15 Closer; 16 Using; 17 Stills; 20 Bowls.
Cryptic Solutions
Quick SolutionsAcross: 1 Plight; 4 Pamper; 9 Expostulation; 10Torment; 11 Dwell; 12 Quell; 14 Unfit; 18 Urban; 19Recline; 21 Subject-matter; 22 Events; 23 Starry.
Down: 1 Plenty; 2 Imperturbable; 3 Haste; 5Abandon; 6 Prime Minister; 7 Rankle; 8 Rusty; 13Lenient; 15 Pursue; 16 Trite; 17 Hearty; 20 Chart.
Applications to Council
concerning conduct on the part of anyapplicant listed below that youconsider would have a bearing on thatperson’s application please write, inconfidence, to PO Box 494,Wellington by 18 March 2011. If nocomments have been received by thatdate, the applications will be referredto Council for consideration.
3 March 2011
The Council of the Law Society con-siders it appropriate that namesshould be published to the professionof applicants seeking to practise ontheir own account, seeking a Practis-ing Certificate pursuant to s41 of theAct, or a candidate seeking admis-sion.
If you have any comments to make
Candidates for admission as a barrister and solicitorCandidates for admission as a barrister and solicitor are required to produceto the Court evidence to establish that they are of good character and that theyare fit and proper persons for admission. The Law Society is required to certifythat it has made full enquiry and is satisfied that the candidate is of goodcharacter and that the Society’s Council knows of no objections to the grantingof the application for admission. To assist in this assessment, the Society seeksreferences from persons nominated by the applicant and also a certificate ofstanding from the Dean of the law school attended.
Applicants to Practise on Own AccountPursuant to section 30(1)(a) of the Lawyers and Conveyancers Act 2006,applicants seeking to practise on their own account are required to satisfy theCouncil that they are a suitable person to practise on their own account. Toassist in this assessment, the Society seeks references from persons, includingprevious employer(s), nominated by the applicant and conducts an interviewwith the applicant.
Al-Alawi, Zainab SaifBradley, Joseph PaulChakraborty, AnshumanCoulston, Nicola TereseCraig, Stephanie MarieEaston, Gemma KateFarrell, Nicola KateHaigh, Stasia KrystynaHarrison, David JackHercus, Lorraine IsabelHerd, Jessica AlineHarris, Tracy Arianna Hinerangi
Butland, Fiona Catherine
Holdaway, Joanne ChristineHosegood, Sarah Marion JaneJohnston, Leah JaneMaass, Amanda GlodeneMcLuskie, Megan LouiseMelkiau, Anne VenishaMurdoch, Jude HowdenNicholson, Jonathan MontgomeriNixon, Christopher JohnParadza, BenjaminPercival née Dennison, Latoya Anne Hannah
Prentice, Glen DavidPrior, Catherine AlexandraRenwick, MaxineShaw, Andrew RobertStory, William GerardThomson, Sonja ErinThurlow, Annika JoyThurlow, Brent Micheal PeterWyeth, Hanna MariaYoung, Victoria Sarah
LATE last year I visited the Victo-ria Public Interest Law ClearingHouse (PILCH) in Melbourne.
PILCH has been in the businessof facilitating referrals for pro bonoassistance for nearly 20 years. Itwas established by the FitzroyLegal Service and the ConsumerLaw Centre of Victoria in 1992. Itwas based on a successful schemeestablished in Sydney earlier thatyear (the current PILCH NSW), inturn modelled on similar organisa-tions in the United States, in par-ticular the New York Lawyers forthe Public Interest Pro BonoClearinghouse.
PILCH aims to provide a struc-tured system so that pro bono workby the legal profession can be chan-nelled to those who truly need it.For more information, please visitwww.pilch.org.au.
Having seen this model in opera-tion, it is something we would liketo trial in Wellington, with a viewto expanding it to other centres andregions at a later date. We have metwith several people from localfirms recently and all have ex-
By Cameron MadgwickChair Wellington Community Law Centre
pressed the desire to take on morepro bono work. The real difficultyis in coordinating this work and en-suring a match between the needsof a given client and the gifts of agiven firm.
We all know that there is astrong tradition of pro bono workamong the legal fraternity in Wel-lington, and the Law Centre hasbenefited from this a great deal overthe years. As well as this, we havealways had a thriving volunteerprogramme staffed by many keenlawyers and law students.
How is the PILCH concept dif-ferent to what is already happening,you might ask? Well, there are lim-its to what can be achieved by avolunteer in a two-hour free legaladvice session. There are also lim-its to the nature of work our stafflawyers can take on. The Law Cen-tre, for example, provides represen-tation only in rare circumstances.Our services are of necessity lim-ited to the areas where we feel wecan have the most impact for theleast amount of money. There arealways gaps we cannot fill. Our
focus is on empowering clients tosolve their own legal problems asmuch as possible, but we neverthe-less see many people who wouldbenefit hugely from having theirown dedicated lawyer.
You can guess at the many kindsof situations we are talking about.The increasing inaccessibility of le-gal aid means that many clients –whether they need family, criminal,employment or general civil law-yers – opt to self-represent, or sim-ply give up. We see this type ofneed every day, and we know thereferrals we provide are not alwaysadequate.
We believe that Wellington’scivil society could also benefit froma PILCH service. There are morecommunity groups requiring adviceand assistance in Wellington thanthe Law Centre can handle. Further,as the Law Centre does not adviseemployees who are in dispute withcommunity groups, these importantclients also currently go without.
Finally, we believe there arecases in which extreme disadvan-tage, or the public interest, necessi-
tate a more intensive pro bono part-nership than we can currentlyfacilitate. The most vulnerable,those who cannot speak English,who have disabilities, or who faceany other of a variety of barriers toaccessing legal services, need themost support and could be the onesto benefit most from a PILCH inthis city.
We want to build the capacity ofour Law Centre through new initia-tives, and as now is not the time tobe running to government with ourhands out, we need to be thinkingcreatively. The Victorian PILCHseems an excellent model – we areconvinced it could enhance accessto the legal system for our commu-nity.
So how can you help? The Vic-torian model works because of thestrong sense that the organisation’smembership base – the firms andlawyers who provide the pro bono
services – have ownership of theprogramme. This also means thePILCH is able to better match theexpertise of a firm or practice areawith the needs of the clients.
The Law Centre would like tofacilitate the establishment of aPILCH in Wellington, and to part-ner with other organisations andfirms to help get it off the ground.Essential for its success will bepartnerships with lawyers and lawfirms who wish to give freely oftheir time and who can commit tosupporting the scheme with a long-term view to its position in the legalservices landscape.
If you or your firm are interestedin being involved with this project,we would like to hear from you.We will be looking to hold an ini-tial meeting in the next six to eightweeks. Please [email protected] to express yourinterest.
Plea to Wellington lawyers for new look at pro bono services
Securities Law in New ZealandWellington : LexisNexis NZ, 2010
Tax Avoidance Law in New ZealandAuckland: CCH New Zealand, 2009
The 21st Century Judge: the Evolving Role of Judgesin the Administration of Courts and the Judiciary, withSpecial Reference to Ireland, Melbourne: AustralianInstitute of Judicial Administration, 2010
The Evidence Act 2006: Act and Analysis, Wellington :Brookers2010 2nd ed
The Hunt Review of the Regulation of Legal Services,London: Law Society, 2009
The Lawyer as Employer, Auckland : ADLS Inc, 2010
Winding up a Trust, Auckland : ADLS Inc, 2010
New books NZLS Library – Wellington❑ Continued from page 5
Will Noticespage 8 inthis issue
Page 8 – COUNCIL BRIEF, MARCH 2011
Please contact the solicitorsconcerned if you are holding a
will for any of the following:
FOR URGENTACTION
WILLENQUIRIES
HUTCHINGS, Enid Myra
Late of c/o Nurses Home No. 2,
Wellington Public Hospital,
Newtown, Wellington.
Chef. Aged 43. Died at
Wellington on 20 January 2011.
Public Trust (Chris Simmonds)
PO Box 31446, Lower Hutt
DX RP42084
Tel 04 978 4873 Fax 04 978 4931
LAUINA, Faao
C/- Glenbrook House Rest Home,
James Cook and Observatory
Close, Whitby, Porirua City.
Retired. Widow. Aged 78.
Died at Porirua on
14 December 2010.
Public Trust (Karen Daly)
PO Box 31446, Lower Hutt
DX RP42084
Tel 04 978 4869 Fax 04 978 4931
LU, Ri Mao
Late of 26 Rangituhi Crescent,
Elsdon, Porirua.
Date of birth 9 September 1940 (China).
Died 27 June 2010.
Chiu & Cain Law (Mark Chiu)
PO Box 25-247, Wellington
Tel (04) 499 8181 Fax (04) 499 8188
NAFATALI, Sauni
Late of 107 Corinna Street, Porirua.
Died on 4 November 2010.
Ian McCulloch Max Tait Legal
(Ian McCulloch)
PO Box 50565, Porirua 5240
DX SP32545
Tel (04) 237 6555 Fax (04) 237 7756
SCOTT, Brian William John
Late of 4 Ward Street, Wanganui.
Retired. Age 69.
Born 27 November 1941.
Died at Wanganui on or
about 1 February 2011.
Public Trust (Trevor Stevenson)
PO Box 234, Wanganui
Tel 06 965 6195 Fax 06 965 6200
■ The cost of a will notices is $57.50 includingGST. Please send payment with your notice.
■ Will notices should be sent to the BranchManager, NZ Law Society WellingtonBranch, PO Box 494, Wellington.
We are an established medium-sized law firm based in the Wellington CBD. Our practice encompasses commercial, business, property, and trusts and estates. We do work for the full spectrum of clients – from corporates and central government, to individuals. We enjoy a relaxed working environment and have recently moved to upgraded premises.
We are seeking a lawyer, preferably with at least three to five years’ post-admission experience, to join us. The successful applicant may recently have returned from overseas having decided that Wellington is the place to live. He or she will be practical, personable, motivated and willing to work hard, and want a real variety in their workload. Sound technical skills and a solid grounding, quite possibly gained in a large law firm, are a must to enable the successful candidate to hit the ground running and to be able to work mainly independently, with support when needed, within the team handling the business, commercial and commercial property law aspects of the practice.
We would also support and encourage the development of any specialist area(s) which may be of particular interest to the successful candidate. There are excellent prospects for the right person.
Applications will be treated in strict confidence and should be sent to:
Sue Isaacs, Practice Manager Macalister Mazengarb P O Box 927, Wellington [email protected]
Experienced Lawyer
Terrace Chambers
Office space availableThe offices of Terrace Chambers are centrally located on theGround Floor of the Treasury Building at No. 1 The Terrace,
Wellington, close to the Courts and Parliament.
Rental office space is now available.
Secretarial services are on site if required.
Please contact John Delany:[email protected], phone 499 6171
We offer a permanent position for an Associate or Senior Lawyer
in our central Wellington firm. Candidates must have at least
four years relevant post-admission experience and a proven ability
as a barrister and solicitor in litigation and negotiation preferably
in workplace law and/or health law.
For a further description, please email [email protected]
Applications to be sent by 21 March 2011 in writing to:
Practice Manager
Bartlett Partners
PO Box 10-852
Wellington
BARTLETT PARTNERSAssociate or Senior Lawyer
Employment Law – Litigation
SENIOR ADVISER EMPLOYMENT LAWNATIONAL OFFICE - WELLINGTONLocated in the National Offi ce at the Department of Corrections and reporting to the Principal Adviser, Employment Law you will join a small in-house team which sits within a wider team of HR specialists focused on the delivery of operational HR services and support to the Department’s managers.
In this role you will provide support and guidance to managers and HR Advisers in the resolution of the more complex range of employment relationship matters, and prepare written legal advice, as well contributing a legal view to policy development and training and up-skilling initiatives.
To be considered for this role you must have:
Vacancy Number ODNO 1064Applications close 11.30am Friday, 18 March 2011
To fi nd out more about this position, or to apply please visitour website; and refer to the relevant vacancy number.
The Department of Corrections role is to manage offenders and make sure they meet the terms of their sentence. You’ll fi nd we’re a highly supportive team that works together to keep our communities safe. To discover where a career in Corrections can take you visit our website.
www.corrections.govt.nz/careers
Lawyer Required
Busy Lower Hutt legal practice seeks lawyer
Preferably will have a minimum of one to two years’ criminaland family law experience. Other appropriate candidates will
be considered. Competitive salary offered with benefits.
Please send your cv to [email protected]
SITUATIONS VACANT
Council
Brief
Advertising
Margaret Powell, Wendy Davis and Liz Lewes are pleased to
announce that Kate Lash and Fiona Miller have been made
Associates of the firm commencing 1 March 2011.
www.cubafamilylaw.co.nzphone (04) 8015156
CUBA FAMILY LAW
PRACTICE NOTICE
Chambers VacancyLarge room available in established Barristers’ Chambers
close to all Courts.
The Chambers include full secretarial servicesand conference room facilities.
Up to 3 months free rental may be available.
For further details please phone Nena Ph: 04 472 7950.
PROFESSIONAL OFFICES