wellington council brief richard peterson 3 rowland … · also pictured are david goddard qc...
TRANSCRIPT
Council BriefIssue 475 March 2018
The monthly newspaper of the Wellington Branch New Zealand Law Society
Wellington
ISSN 2382-2333(Print)ISSN 2423-0103 (Online)
INSIDE:Richard Peterson 3Rowland Woods 5Refugee families 6Last Resort Golf 8
By David Dunbar
From the
President
Towards a safe and supportiveprofession – changing the culture
THE Charity Law Association of Australia and NewZealand is to hold a conference in April, for the firsttime in New Zealand.
The conference, presented in conjunction withthe Chartered Accountants of Australia and NewZealand and Parry Field, will be held at Museum ofNew Zealand Te Papa Tongarewa on 26 and 27April 2018.
In recent years the charities sector in NewZealand has seen significant legislative andsocietal changes that have challenged traditionalthinking and models.
The conference will be distinctive as it is focusedon all those involved in the charitable sector ratherthan being targeted at any one group (such aslawyers, charities, regulators, funders, oraccountants). It will be a conference promotingcollaboration and discussion across the sector anddifferent disciplines.
The two-day conference will deal in depth withissues that matter with a variety of keynote talks aswell as many panel discussions.
Key themes which overarch the content andindividual sessions are: Measuring, Defining,Taxing, Regulating, and Funding Charities, as well
Young lawyers should notfeel that they are unable tospeak up for fear of losing
their job offer or promotion.They should certainly not have
to change jobs because theyare no longer comfortable in
their workplace.
For many we’re well into thenew year. Schools are back,
work is in full swing and holidaysseem a distant memory. How-ever, for some the year has justbegun. Chinese New Year is themost important festival inChinese culture and, as I write,the Year of the Dog hascommenced.
„Ê“¥ˆ·¿÷£°Xin Xin Nian Kuai Le!
In the meantime, it’s hard notto reflect on the recent disclos-ures about the experience ofsummer interns. Particularly asthese same experiences andbehaviours continue to resonatefor practitioners in early practiceand beyond.
This is not simply an issue tobe addressed through regulatoryprocess. It is about a change ofculture, to which each of us cancontribute. This is about insightthrough discussion and genuinechange built on that insight. Itwill also involve individual andcollective leadership.
Last month, I talked about theCouncil’s vision and missionstatements, which included‘Leadership of initiatives topromote inclusiveness and theretention of lawyers in theprofession’. A key piece of workfor the Branch Council in thecoming year centres on this.
The Council’s goals includehelping younger lawyers in theBranch explore opportunities inpractice, and finding ways tolink them with firms and practit-ioners who are willing to offerthem valuable experience. Keyto this is ensuring that theenvironment they enter is onethat supports these goals.
In this, I commend the leader-ship of the Young Lawyer’sCommittee. A key focus is tack-ling the culture of bad behaviourin the workplace, and cultivating asafe network of young lawyerswho encourage each other tospeak up, feel supported and lookafter one another. The YLC is alsocommitted to ensuring that itsown social events are safe for allattendees. As the YLC president,Mina Rassam, observed to merecently, it is important thatemployers, particularly seniors.foster a work environment where
young people feel like they cancome forward and speak up. Thatmeans setting the tone at allmanagerial levels, and especiallyat the top, that sexual harassmentis not tolerated.
“Managers should ensure”,Mina says, “that they have anopen-door policy, that they careabout their employees, and,should it happen in their office,that they are willing and com-mitted to talking about the issuequickly and openly. Younglawyers should not feel that theyare unable to speak up for fear oflosing their job offer or promo-tion. They should certainly nothave to change jobs becausethey are no longer comfortablein their workplace.”
The leadership shown by theRoyal Australasian College ofSurgeons, to which I referred latelast year, is worth repeating. TheCollege recently launched acampaign to help put an end tobullying, discrimination andsexual harassment in surgery.Some of the challenges put tosurgeons as part of thatcampaign aptly resonate in ourown profession.
“It will take a collectiverecognition that there must be aprofound shift in culture ... andan unwavering commitment toachieving this. Long-establishedtraditions that have beeninherited and have normalisedunprofessional, and sometimesillegal, behaviours must berelinquished. Gender inequitymust be addressed. Discrim-ination, bullying and sexualharassment must become prob-lems of the past. Everyoneinvolved … has a role in leadingthe way. With courage andpurpose, on a foundation oftransparency and independentscrutiny, a culture of respect andprofessional excellence … canbe built.”
It can be challenging to tacklesuch issues, and it can also beconfronting. However, we musttackle it. I challenge you – andinvite you – to be a leader inchange.
THE Michael and Suzanne Borrin Foundationwas formally launched on 20 February at anevent hosted by the Chief Justice, the Rt HonDame Sian Elias, and attended by theGovernor-General.
The Borrin Foundation is a new philanthropicfoundation established through a $38 millionbequest by the late Judge Ian Borrin, to fundlegal research, education, and scholarship.
The Foundation seeks to make a difference tothe lives of New Zealanders, through the law.The Foundation is in memory of Ian Borrin’sparents, Michael and Suzanne, who came toNew Zealand from Poland in the 1930s. Thisgenerous gift reflects the Borrin family’s deepgratitude and commitment to New Zealand,Ian Borrin’s love of the law, and his convictionthat law provides an essential foundation for aflourishing society.
The Nikau Foundation acts as corporatetrustee for the Borrin Foundation, and is
responsible for the administration of theBorrin Foundation, including oversight of itsinvestments.
In accordance with Ian Borrin’s directions, agrants and scholarships committee made up ofleading members of the legal profession hasbeen established to make recommendationson how the Foundation’s funds should be usedto give effect to Ian’s vision. The committee ismade up of David Goddard QC (chair), a seniorbarrister and a cousin of Ian Borrin; Hon SirTerence Arnold QC, the nominee of the ChiefJustice; Kathryn Beck, President of the NewZealand Law Society; Professor Mark Hickford,Dean of the Victoria University Law School;and Richard Caughley, a Wellington solicitorand representative of the Nikau Foundation.
Details of the Foundation’s first grants, whichwere announced at the launch, and otherinformation about the Foundation areavailable at www.borrinfoundation.nz
The Chief Justice, Rt Hon Dame Sian Elias, hosted the formal launch of the Borrin Foundation in the Supreme CourtFoyer last week. The event was attended by the Governor-General Rt Hon Dame Patsy Reddy and her husband
Sir David Gascoigne. Also pictured are David Goddard QC (left), who is chair of the Foundation’s grants andscholarships committee, and Chris Milne, chairperson of the Nikau Foundation.
Launch of Borrin Foundation
as looking to the future, including the upcomingreview of the Charities Act.
Topics to be covered include:
• Are there too many charities in New Zealand?
• Overview of the implementation of the financialreporting standards.
• The challenges and opportunities of legislatingcharitable purpose.
• Approaches to public benefit – what’s broken?
• Advocacy, politics and charity.
• Charities and tax.
• How to build public trust and confidence in thecharitable sector.
• Funding, social enterprise and the intersectionwith charities which operate business.
• Charity law and accounting in Te Ao Maori.
• The review of the Charities Act.
• Discussion of a proposed global charity lawresearch network.
For more information on the conference and toregister, go to:
http://www.charitylawassociation.org.au/events-nzconf
First NZ charities conference in Wellington
-
COUNCIL BRIEF, MARCH 20182 News
March 8 2018 – LawFest – Innovation &Technology in Law, The Langham, Auckland.https://lawfest.nz
March 12 2018 – NZ Insurance Law Association(NZILA) 2018 lecture series. ‘Professor RobMerkin’, Wellington. www.nzila.org/events/
March 14-16 2018 – IPBA 2018 Conference,Manila. https://ipba.org
March 20 2018 – Environmental LawConference, Thomson Reuters – RMLA,Auckland. www.rmla.org.nz
March 21-22 2018 – Building and ConstructionLaw, Wellington. www.conferenz.co.nz
March 29-31 2018 – World Bar Conference,International Council of Advocates &Barristers (ICAB,) Stellenbosch, South Africa.worldbarconferencesa.co.za
April 12-13 2018 – 8th World Women Lawyers’Conference, London. www.ibanet.org
April 15-18 2018 – ICCA Congress, Sydney.http://icca2018sydney.com
April 19-20 2018 – AMINZ-ICCA Inter-national Arbitration Day, Queenstown, NZ.www.aminz-iccaqueenstown.org
April 26-27 2018 – The Charity Law Associationof Australia and New Zealand (CLAANZ)conference – ‘Perspectives on Charity Law,Accounting & Regulation’, Te Papa, Wgtn.www.charitylawassociation.org.au
May 24 2018 – Immigration Law Conference.www.wolterskluwer.co.nz/immigration-law/
May 2-4 2018 – ILANZ Conference,Claudelands, Hamilton. ilanz.org
May 3-6 2018 – Lawlink Conference, ‘Walkingthe Talk’, Blenheim. www.lawlink.co.nz
May 8 2018 – Education Law 2018, Wellingtonwww.lawyerseducation.co.nz
May 16-18 2018 – ALAANZ (Aviation Law)Conference, Sydney. alaanz.org
May 18-19 2018 – NZ Christian LawyersConference, Auckland. nzchristianlawyers.org
July 5-7 2018 – ANZ Society of InternationalLaw, VUW, Wellington. anzsil.org.au/events
August 4-5 2018 – NZ Criminal BarAssociation Conference, Auckland.www.criminalbar.org.nz/events
August 18-24 2018 – International LawAssociation 78th Biennial Conference,Sydney. www.ila-hq.org
September 1-3 2018 – 35th AnnualConference Banking & Financial Services LawAssociation, Queenstown. bfsla.org
September 19-21 2018 – NZ Insurance LawAssociation (NZILA) Conference ‘BeyondAdversity’, Christchurch. www.nzila.org/events/
October 7-12 2018 – IBA Annual Conference,Rome, Italy. www.ibanet.org
October 2018 – Canterbury Westland 150years celebration. Photo all lawyers 1pm 25October, Law Dinner 25 October; Gala Ball 27October 2018
October 17-19 2018 – 28th Annual ANZSLAConference, Gold Coast, Queensland.anzsla.com
November 23 2018 – NZ Institute of PatentAttorneys conference, Wellington.www.nzipa.org.nz
December 12-15 2018 – Law & Society Assoc.of Australia & NZ conference, University ofWollongonng. www.lsaanz.org
Conferences
Crossword SolutionsFrom page 7
Across: 6 Turn out; 7 Droll; 9 Dip; 10Henrietta; 12 First person; 15 Take your bow;17 Sprinkler; 19 End; 21 Itchy; 22 Replete.
Down: 1 Cupid; 2 One; 3 Mule; 4 Green-room; 5 Glutton; 8 Proper; 11 Limelight; 13Stocks; 14 Carpets; 16 Unity; 18 Even; 20 Alf.
Cryptic Solutions
Quick SolutionsAcross: 6 Proceed; 7 Corps; 9 Use; 10Annulment; 12 Speculation; 15 Preliminary;17 Dangerous; 19 New; 21 Loose; 22 Agitate.
Down: 1 Dress; 2 Act; 3 Mean; 4 Dormitory; 5Opinion; 8 Sullen; 11 Apologise; 13 Camera;14 Creator; 16 Petty; 18 Urge; 20 Sty.
WELLINGTON Queen’sCounsel Kenneth Johnstonhas been appointed anAssociate Judge of the HighCourt.
Associate Judge Johnstonfirst graduated fromVictoria University ofWellington in 1979. Heholds a BA, an LLB and a GraduateDiploma in Human ResourceManagement from that university,and an LLM (Dist.) from theCollege of Law of England andWales.
Following periods at theCrown Law Office in Wellingtonand practising criminal law inLondon, in 1981 Associate JudgeJohnston joined Watts &Paterson, one of three firms thatmerged to form Rudd Watts &Stone, which is now part of theAustralasian Minter EllisonGroup. He remained with thatfirm for 17 years, the last four asits national managing partner.
Associate Judge Johnstonretired from Minter Ellisonto join the independent barin September 1997. He wasappointed Queen’s Counselin 2016.
He has experience incriminal work, as both aprosecutor and defence
counsel in jury and appellatetrials, and in civil work,including general civil andcommercial litigation, trusts andestates, construction, employ-ment, family and professionaldisciplinary litigation.
Between 2005 and 2016 hechaired the New Zealand TeachersDisciplinary Tribunal, and sincemid-2014 he has been a deputychair of the Health PractitionersDisciplinary Tribunal. He is regu-larly appointed as an arbitrator,adjudicator and mediator in civiland commercial disputes.
The new Associate Judge willsit in Wellington.
ALL the library’s books are now organised on theshelves, apart from waiting for some of therepaired books to come back as well asreplacement volumes where we can find them forvolumes that were destroyed in the earthquake.Please do not hesitate to visit. While we no longerhave private rooms available there are plenty oftables around the windows in the library.
A new floor plan is the next step and we will beworking on that as soon as we get time. Meanwhiledo not hesitate to ask library staff for help infinding things. There will be minor refinements towhere things are but nothing large for a little whileas we wind down from frantic months of bookshifting.
Visitors to the library will notice that we are nowon one floor only. What has gone are the largecollections of unreported judgments that we usedto have. We discarded all originals where NZLIIhad digitised the decisions, and the Council of LawReporting’s very large collection of decisions isbeing digitised as I write this, so things are not lostand please continue to check with us regarding theavailability of decisions not on LINX.
Two of the library’ s older computers will soonbe upgraded which is welcome news as the newwebsites the legal publishers continue to roll outfor our benefit seem to require more and morecomputing power just to work, let alone display allthe new features they build in.
Lexis RedFor those lawyers using Lexis Red on theircomputers at the office and at home, I am pleasedto announce that more titles are now availableincluding the Laws of New Zealand (LONZ),Halsbury’s Laws of Australia (HLA) and Halsbury’sLaws of England (HLE), all of which are issuedvolume by volume. Click on the first title in theseries to see the list of titles available for borrowing.
MADESIGNm
Answers for puzzles from page 7
1 151/3 (which is less than 16)
2 ion: con + fir + mat + ion = confir-mation
3 1 Qe6 (threatening 2 Qf7#) 1…Nd82 Qf7+ NxQf7 3 Ne6# [Clemenz vEisenschmidt Tartu 1862]
Wellington QC apppointed asAssociate Judge of the High Court
Associate JudgeJohnston.
❑ Library News
By Robin Anderson, Librarian, Wellington
LINZ Surveyors’ field booksLINZ is digitising 800 of the earliest field books itholds dating back up to 160 years. This informationis now held by Archives New Zealand but can beordered from LINZ using the field book referenceand page numbers found on survey plans and onsome old plan and field registers. The online link toorder these is here:https://www.linz.govt.nz/land/land-records/order-copy-land-record
New Zealand Micrographics, who did the fieldbook digitisation, has also worked with LINZ, NgaiTahu, Christchurch City Libraries and Environ-ment Canterbury to digitise the very large “BlackMaps” which are some of the earliest survey plansof the Canterbury Land District. These provide afascinating view of early Canterbury and can beseen through NZ Archives Archway site or at:
http://maps.recollect.co.nzNZMS is keen to digitise more of these.
New BooksFeminist judgments of Aotearoa New Zealand : terino : a two-stranded rope, Oxford and Portland,Oregon : Hart Publishing 2017 KA49.F4.L1 FEM
Litigation skills : a practical guide to judge-alonetrials, Wellington : LexisNexis NZ Ltd 2017KM570.L1 BON
Council BriefAdvertising
High Court Library all go – books organisedand shelved; new digital innovations
Monday 5 MarchYoung Lawyers Committee
Tuesday 6 MarchSpeaking Your Clients’ Language, webinar. www.lawyerseducation.co.nz
Thursday 8 MarchCourts CommitteeReglatory Roadblocks – Dealing with the Public Sector, webinar.www.lawyerseducation.co.nzAnnual NZLS / Bell Gully Cricket Match. Email [email protected]
Thursday 15 MarchUpdate on Contract, seminar/webinar. www.lawyerseducation.co.nz
Thurs-Fri 15-16 MarchIntroduction to Company Law, entry level. www.lawyerseducation.co.nz
Monday 19 MarchGetting on Top of it all – Working Smarter, workshop.www.lawyerseducation.co.nz
Tuesday 20 MarchFamily Law CommitteeCommunication Miracles at Work, workshop. www.lawyerseducation.co.nz
Wednesday 21 MarchWellington Branch Council MeetingTrust Account Administrators, workshop. www.lawyerseducation.co.nz
Wed-Fri 21-23 MarchLawyer for Child, workshop. www.lawyerseducation.co.nz
Thursday 22 MarchHuman Rights CommitteeLand Transfer Act 2017 – Practical Tips, webinar.www.lawyerseducation.co.nz
Thurs-Fri 22-23 MarchChild Inclusion: A Working with Children Intensive, Auckland.www.lawyerseducation.co.nzIntroduction to Criminal Law Practice, entry level.www.lawyerseducation.co.nz
Friday 23 MarchWomen in Law Committee
Tuesday 27 MarchMedia Law CommitteeShared Services Agreement, webinar. www.lawyerseducation.co.nz
Wednesday 28 MarchLegal Assistance Committee
Thursday 29 MarchParole Law CommitteeImmigration & Refugee Committee
Wellington Branch Diary March
NB Please confirm the dates of committee meetings with convenors.
Council Brief deadlineApril 2018 issueMonday 19 March
Obituary COUNCIL BRIEF, MARCH 2018 3
Council
Brief
Advertising
R ichard Peterson, whodied on 12 January 2018aged 77, was a well-
regarded Wellington solicitor, atalented musician and sports-man who represented NewZealand in the sport of fencing.
Richard was born in 1940, theeldest of two boys and grew upin the family home in Khand-allah where he lived most of hislife.
Richard was ambitious andbelieved that hard work was theonly pathway to success. Hisfather, Basil Peterson, was theyoungest of six children. Hebegan and ended his career atthe Wellington City Councilwhere he started as office boyand worked his way up to theposition of Town Clerk.Richard’s mother, Ruth, was astrong and tenacious woman ofScots/Irish ancestry. Heroriginal ambition had been to beone of the first New Zealandwomen to study medicine, buther aspirations had beenthwarted by Richard’s grand-father who made her settle for adegree in home science.
Richard started at KhandallahSchool aged five, and three yearslater went across town to ScotsCollege. For his secondaryeducation he boarded at NelsonCollege with his brother, John.
Richard came from a musicalhousehold – his mother was anexcellent pianist and his fathertook his clarinet with him toEurope when he served in theFirst World War, joining amusical group that entertained
the New Zealand troops.Richard took piano lessonsfrom age six and benefitedfrom the strong musicalcurriculum at NelsonCollege where much of hisspare time as a boarder wasspent practising or perform-ing. As the school pianist heaccompanied soloists andchoirs at the annual concertand in music competitionsand performed pianoconcertos with the schoolorchestra.
As there was a sparebassoon at Nelson Collegethat no-one else wanted toplay, Richard tried his handat that. He recalled that thebassoon had been neglect-ed, with several of its keysreplaced with teaspoonhandles. When he returnedto the school for a reunion 30years later he played it again andfound it was still in the samestate.
Richard had perfect pitch. Hischildren recall practising thepiano as children, while Richardcalled out sight-reading correct-ions from his chair in the nextroom. He was always more of afan of Beethoven than theBeatles. Richard’s wife, Hilary,used to lament that her marriageto Richard had meant that shehad missed much of the popularmusic of the late 1960s and early1970s. Richard’s son John recallsthat, while his father never tookhis kids to a pantomime, hedid take them to opera andsymphony orchestra concerts
from a youngage.
F i n i s h i n gschool, Richardwent to studylaw at VictoriaUniversity. Whythe law? Richardexplained thatwhile he was atschool he wasan avid reader ofdetective storiessuch as PerryMason, and thebiographies ofEnglish legall u m i n a r i e ssuch as EdwardMarshall Halland Sir Patrick
Hastings at the criminal bar, “…and I decided, for no reason otherthan the court room dramasportrayed in such books, to be alawyer, knowing nothing aboutwhat in fact lawyering entailed”.
Whatever his originalmotivation, Richard becamemore interested in the creativecomplexity of commercial lawthan the drama and endlessargument of litigation. He
finished his LLB in 1961 and wasadmitted as a solicitor in 1962and as a barrister the followingyear. In 1963 he also completeda master’s degree in law,preferring to do so by sitting andpassing examinations ratherthan by writing a thesis, sayingthat he preferred the disciplineof having to describe what thelaw was rather than speculate ina theoretical dissertation onwhat the law might be.
Over the summer beforeentering university Richardworked as a clerk with AtkinsonDale Ellingham & Jenkins. JamesDale, one of the partners, was afriend of the family and theorigin of Richard’s unusualmiddle name “Dale”. It wasJames Dale’s sons who hadhelped Richard’s father to levelthe section on which the familyhome in Khandallah was built.Three of four Dale boys subse-quently died in the SecondWorld World War.
While still at university hejoined Chapman Tripp as a lawclerk and went on to spend 20years there as solicitor andpartner. He joined ScottMorrison Hardie-Boys Morrison& Co in 1977 and spent some 22years with that firm and itssuccessors before joining JohnHarkness in Harkness &Peterson Law for about 10 years.He then formed Peterson LawLtd with John Hoggard in about2009. In 2014 Peterson LawLimited was merged withMorrison Kent, a successor ofScott Hardie-Boys Morrison &Co, and Richard retired in 2015aged 75 years, after 58 years inthe legal profession.
Speaking at Richard’s funeral,Richard Laurenson, a friend andformer partner with Richard atScott Morrison Dunphy, saidRichard was a very intelligent
man who was disciplined inhis work habits.
“He … developed anexpertise and widereputation in his workwhich was first founded onestate planning workattracted to Chapman Trippby its association with asubstantial life insurer;[this] developed into anexpertise in trusts andtaxation law; and then later,and when the practice ofcommercial law became inNew Zealand a recognisableseparate field of law, anexpert commercial lawyer.
“All these areas of lawinvolved in some part theprotection of assets and theminimisation of tax liabilitywhether that be income taxor some other, and in the
estate planning days, includeddeath duty … If he had aparticular speciality, it was in thelaw and application of trusts.
“He was innovative, original,and creative in his approach toany legal problem and … howthe law could best be applied tomeet the requirements of hisclients …
“He had a rigorous workregime; he did not attendmorning tea and did not lingerfor small talk when he was atwork. He always enjoyed andfully participated in the conviv-iality of the firm when it was theright time for that, but howeverbibulous might have been thenight before, the next day thatwas forgotten and back to workfor him …
“Richard was fiercely loyal tohis clients; and fiercely loyal tohis own legal opinions. Heregarded mediation and otheralternative dispute resolutionsto be a soft practice of law
because it did not require therigour of proper legal analysis.
“Richard backed his own legalopinion when he progressed tothe Privy Council his objectionto an assessment issued by theCommissioner of InlandRevenue against tax lossesclaimed on the financing of theproduction of two films, the Utuand The Lie of the Land litigation.With the help of two fine counselhe obtained a 3/2 majoritydecision in his favour in the PrivyCouncil.
“Richard was very proud ofthis result: persons he consid-ered more faint-hearted insimilar, but not the samepositions, had settled with theCommissioner.”
Richard’s determination totake this case all the way toLondon (after losing in the HighCourt and Court of Appeal) wasperhaps the most tangibledemonstration of his belief that alawyer should have the courageto stand behind their ownopinion.
Away from the law, RichardPeterson’s other great passionwas the sport of fencing. He won13 national fencing titles over aperiod of 25 years, and fought intwo Commonwealth Games inJamaica in 1966 and Edinburghin 1970, and was selected by NewZealand Fencing to compete inthe 1976 Montreal Olympicsafter he won two Oceanic ZoneSabre titles.
Richard joined the VictoriaUniversity swords club in 1958,where he was coached by fellowlawyers Tony Ellis (QC) laterJustice Ellis, Chris Beeby andothers. Percy Temple, a fellowfencer at that time, said the sportof fencing was perfectly suitedto Richard’s intellect andtemperament.
Richard Peterson – lawyer, fencer and musician
As the school pianist Richard accompanied soloists andchoirs at the annual concert and in music competitions and
performed piano concertos with the school orchestra.
The three muskateers …
❑ Continued page 4
By Chris Ryan
COUNCIL BRIEF, MARCH 20184 Obituary
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ROBIN REYNOLDS, the advert-ising manager for Council Briefof many years, has a new emailaddress.
The change comes about as aresult of the demise of Vodafoneemail services. The new address is:
Advertising email change
Council Brief April 2018Deadline
Monday 19 March 2018
Donations to the Solicitors Benevolent Fund can be made through:
• “Give a Little” http://www.givealittle.co.nz/org/Solicitors,which will be automatically receipted, or
• by Direct debit: Bank of New Zealand: 02-0506-0101108-097
All donations go directly to the capital reserve. The Solicitors’Benevolent Fund Trust is registered as a charitable trust(number CC48709) and has tax deductible status.
If a receipt is required when making a direct debit, pleaseemail [email protected] with your name, theamount deposited and a contact number to ensure a receipt isissued and sent to the correct place.
The Solicitors’ BenevolentFund – ways to donate
The Wellington Medico-LegalSociety is an amalgam ofpractising lawyers and doctors,and students with an interest inmedical law. Regular meetings areheld featuring speakers withparticular expertise in areas thataffect medical law. If you areinterested in joining the Societyplease contact either of the belowemail addresses:
Jenny Gibson:[email protected]
Caroline Cheetham:[email protected]
Wellington Medico-Legal Society
“He was very analytical – notnecessarily superfast but hewould beat you by stealth – and[he was] very competitive …
“When Richard pulled off aparticular move … he always gotthis particularly gleefulexpression of triumph. It wasn’tso much schadenfreude – therewas never a malicious bone inRichard’s body – but just sheersatisfaction and total delight thata move or a bout had goneaccording to his plan.”
Keith Mann, another fellowfencer, said that “Richard wasone of those rare competitorswho not only listened to adviceand tried to put it into effect, buthe had that rare aptitude toanalyse and take advantage ofhis opponent’s weaknesses.”
Richard became involved inadministering fencing at club,provincial and national level. Hewas president of the NewZealand Amateur FencingAssociation for a number ofyears, later became a lifemember and was patron ofFencing New Zealand. He wasalso a representative on the NewZealand Olympic Committee forboth Fencing and Pentathlon atthe time of the Moscow gameswhere significant pressure wasput on athletes to boycott thosegames.
Percy Temple: “On one levelhe was tuned in to the politics of
the sporting world, well-connected and always ready touse his energy and extensivenetworks for the betterment offencing. And at the other end ofthe scale, he was an excellentcoach who willingly gave histime to develop and nurture thenext generation in the sport heloved.”
If fencing played a huge partin Richard Peterson’s life, it alsooverflowed into his legal work.Richard Laurenson said that anydiscussion with Richard,whether it was on a legalproblem or having a few drinkson a Friday night, could end upas if a figurative fencing bout.
“He would take a front footstance to you and chip and nickand prod and poke you in hisargument whilst edging closer toyou as if waiting for your guardto fall, then to execute a finallunge.”
Richard Laurenson alsorecalled Richard’s bow andflourish of his right hand whenhe met you and ushered you to aspace, and his attempts toskewer a lift button or pedestriancrossing button with his brolly.
Richard was energised byfencing and found that his co-competitors became life-longfriends. Reflecting on his fencingcareer at his seventieth birthdayhe said: “I still fence and enjoy
demonstrating to youngerfencers that a solid techniquecoupled with a reasonable senseof distance and timing can stilldefeat the determination andspeed of youth.”
While travelling to Europe forhis OE in 1963 on board MSFairsea Richard met HilaryTaylor, the niece of a friend of hismother’s. They met once ortwice in London and then againon the corner of Brandon Streetand Lambton Quay a few yearslater and eventually married.They had three children,Stephen, John and Elizabeth.Hilary died in 2007.
Hilary was a tremendoussupport to Richard throughouthis career, as he was to her. Theyshared the values of hard work,loyalty and the importance ofcommunity. When Hilaryidentified the need to set up aday care-centre to supportpeople with dementia (and theirfamilies) to stay in their homesand communities, Richardworked in the backgroundestablishing the charitable trustsand providing ongoing support.This work began after Hilary andRichard’s own experience incaring for Richard’s mother. TheMarsden Club was establishedas the first centre of its kind inNew Zealand and Hilaryreceived a QSM for hercommunity work.
John Peterson, who followedhis father into the law, said thatRichard went to great efforts to
Three generations of fencers – Richard Peterson, son Stephen and grandson Nolan.
❑ From page 3
❑ Thanks to John, Stephen andElizabeth Peterson, Percy Temple,Vivienne McLean, Keith Mann,Richard Laurenson, John Hoggard.
provide his children with themoral and financial support theyneeded to pursue theirambitions. but that while hemotivated his children, “henever imposed roles on them.They were always free to becomeexactly who they wanted to be.”
If Richard was ambitious,hard-working and aggressive atlooking after the interests of hisclients, he was not someone whosought recognition for hisachievements, Richard Lauren-son said. “Richard never soughtthe glittering prizes in the law;instead he considered his servicewas by getting on with work inthe background. This carriedover to his committee andcharitable work which he quietlygot on with and which included
Richard Peterson finishing a bout of foil with Al Wardle of Australia inthe Oceanic Zone Championships in Singapore in 1975.
the work he did with Hilary inestablishing and sustaining theMarsden and Chelsea Clubs forpeople with dementia; his workon the New Zealand Olympicand Commonwealth GamesAssociation as representative forthe sports of fencing andmodern pentathlon; and theKhandallah Lawn Bowling Clubñ a sport he took up in his lateryears.”
Richard is survived by histhree children: Stephen, adirector of a New Zealandenergy company, John who is atax policy adviser in Paris andElizabeth who is a seniorlecturer in psychology inAuckland.
Richard will be rememberedas a brilliant lawyer, talentedmusician, a champion fencerand a man of intelligence andintegrity who would never backdown from the things he reallycared about.
Richard Peterson – lawyer, fencer and musician
Minister of Immigra-tion is invited. JohnPetris: “This wasRowland’s brainchild.He was a member ofthe Wellington Cluband had lots of connec-tions, it was his ideaand he hosted thedinners. He had beenthe convener of theWellington BranchImmigration and Refu-gee Committee and hewas also a member ofthe NZ Law Societynational Immigrationand Refugee LawCommittee.”
Committee coll-eague Richard Smallsays Rowland washeavily involved inpreparing submissionson the ImmigrationAmendment Bill andthe subsequent 2009Act. “… he was acolossus at that time,”he said.
For twelve yearsRowland was a volun-teer solicitor providing
free legal advice to refugees andmigrants at the WellingtonCommunity Law Centre. KamilLakshman, who volunteeredaround the same time, saysRowland worked very hard forrefugees and was unusual earlyon in this period that he visitedpeople in their homes. “Hewould go to see them in theirfamily environment where youcould really get the feel of whatthe case was about – it’s one ofthose times when a lot of thingsare told to you without theiractually being said.”
Wellington Community LawCentre senior community lawyerMegan Williams said Rowland,along with Amanda Calder QSM,chairperson of the RefugeeFamily Reunification Trust,helped to establish CommunityLaw’s Refugee and ImmigrationLegal Advice Service (RILAS) in1997. “This is a free legal adviceservice for refugees andvulnerable migrants. The mainfocus of this service is reunitingrefugees with their familymembers. Rowland was avolunteer lawyer with thisservice for many years and alsoprovided much guidance andadvice to our communitylawyers. We referred mostclients seeking refugee status toRowland’s legal practice as wecould be confident that they
COUNCIL BRIEF, MARCH 2018Obituary 5
Booking for Law Society eventsMost events presented by NZLS Wellington Branch are on a user-paysbasis. It is very helpful if bookings are made as soon as possible so
that the viability of the event can be assured and catering can beaccurately estimated. Members are able to book for most events at:
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Rowland Woods, who diedon 4 January 2018 aged81, was a member of that
relatively rare company – thosewho come late to the law. It is farfrom unknown of course, but inRowland’s case it was quite late:he was 61 when he was admittedin 1998.
A genial, charming andurbane man, Rowland thenproceeded to make his way inthe difficult world of immig-ration and refugee law. But in theyears before becoming a lawyerhe had already lived a life and acareer that for many peoplewould have been quite enough.
Rowland Woods was born in1936 in London where his fatherNoel Woods, later Secretary forLabour in the New Zealandgovernment, was studying. Hewent to Wellington College andthen to the University of Otagowhere he studied economicswith an agricultural bent. Aftergraduation he joined thedepartment of agriculture inChristchurch as the first or oneof the first agricultural econo-mists in that department.Focusing on the meat and woolside of farming, he conductedresearch on farms in Southlandand collected base data on farmproductivity and costing, for thefirst time bringing cost benefittools to bear on farming. Hisdata assisted in developingmajor civil works projects forfarming, particularly irrigationand flood control.
In the early 1960s whenBritain began looking to join theEU (then the EEC), alarm bellsrang in New Zealand because ofthe perceived threat to ourexports of agricultural products,most of which went to the Britishmarket. In 1962 Rowland Woodswas sent to Europe to assess thelikely impact on New Zealand ofBritish membership of the EEC.He was in London for severalyears becoming agriculturaladviser at the New Zealand HighCommission where he joined theNew Zealand diplomatic teamthat was developing a strategy todeal with British entry.
Rowland returned to NewZealand in 1969 and becamechief executive of ANZDEC, a
company formed tocompete internationallyfor consultancy con-tracts in agriculturaldevelopment throughbodies such as theWorld Bank and theAsian DevelopmentBank.
In 1972 he was askedto return to Europe, thistime to open an office inBrussels for the NewZealand Meat Prod-ucers’ Board where hehelped promote NewZealand meat sales.Britain had finally enter-ed the EEC in 1972 andas European adviserRowland travelled wide-ly promoting New Zea-land meat exports.
From 1979 to 1984 hewas head of the OECD’sagricultural trade andmarkets division inParis. He headed asecretariat that assistedin promoting theground-breaking inclus-ion of agriculture in theUruguay Round of inter-national trade negotiations,working towards reduction ofsubsidies on agriculture in anumber of countries.
Back in New Zealand in themid-1980s he worked with theNew Zealand Planning Counciland the Economic DevelopmentCommission on agriculturaltrade, trade policy and the roleof the producer boards.
At this point, in his fifties,Rowland decided on a completechange of direction and beganstudying law. His brotherMalcolm Woods says it was not acomplete surprise. “He alwayshad a strong interest in law, andin fact contemplated studyinglaw when he was at WellingtonCollege,” he said.
Rowland completed his lawdegree and was admitted as abarrister and solicitor in May1998, aged 61. He was a solepractitioner for a time, specialis-ing in immigration and refugeelaw, was a contractor with IdesiLegal and was in partnershipwith Richard Fletcher for a time.In 2015 at the age of 78 he
established Rowland WoodsLegal.
Rowland Woods regularlyrepresented clients in theImmigration and ProtectionTribunal, the district court andthe high court. He also did ParoleBoard work, spending timeparticularly at Springhill prisonattending Parole Board meetingsthere. He conducted a number ofjudicial reviews of ImmigrationNew Zealand cases.
In 2002 he was instrumental insetting up the ImmigrationCommittee of the WellingtonDistrict Law Society. Committeecolleague John Petris saysRowland made a huge contribu-tion to the immigration bar.“Rowland was inspirational insetting up that first committee.He put us on the map in manyways, taking what was a minorand fairly esoteric part of the lawand turning it into recognisedpractice.”
Rowland was also responsiblefor establishing the annualImmigration and RefugeeCommittee dinner to which the
Rowland Woods – from agricutural economics to immigration law
would get high quality expertadvice and representation.
“Rowland was a staunchadvocate for refugees, particu-larly those in the most difficultcircumstances. He was highlyregarded by the refugee commu-nity and in the legal professionand will be missed hugely.”
Amanda Calder knewRowland for many years anddescribed him as a “truegentleman with a very kindheart”. She said he was a vocaladvocate for refugees anddedicated his legal career to theirinterests. “He strove to helprefugees on many levels,including challenging unfairimmigration practices andprocedures. There are manyrefugees who benefitted from hiswork.”
Kamil Lakshman saidRowland looked outside the boxin refugee and immigrationmatters. “He would ask ‘whatelse can I do?’ He would look atthe solution rather than theproblem. People would say, ‘thathas never been done’, he wouldsay ‘well, why not? Let’s try it.’”
Richard Small said Rowlandwas a fearless advocate for hisclients and for the profession.“He was an inspiration to meand will be sadly missed. He wasa humble man in many ways. Hewas loyal to his friends andlooked for loyalty in return. Hewas a bit ‘old school’, a seniormember of the profession inevery sense of the word.”
Rowland was appointedhonorary consul of Belgium in2003 and held this position until2011. He was made a Chevalierde l’Ordre de la Couronne(Knight of the Order of theCrown) by the King of Belgium inrecognition of his services to theBelgian community in NewZealand.
Outside his professionalcareer at various times he was afarmer, a goat breeder, a mediacommentator and a columnist.He was a former president ofAlliance Francaise in Wellington,and former president of theRotary Club of Karori. He was akeen sailor and maintained aboat in the MarlboroughSounds. He represented theBritish Cruising Association inWellington and Marlbooroughfor almost 30 years. He enjoyedlawn bowls and was interested inmany sports.
He is survived by his wifeAnita, six children and 12grandchildren.
Council BriefAdvertising
By Chris Ryan
Rowland Woods wearing the insignia of the Chevalier del’Ordre de la Couronne (Knight of the Order of the Crown)
awarded to him by the King of Belgium.
Deadline Council Brief April Monday 19 March 2018
COUNCIL BRIEF, MARCH 20186 Community Law Centre
NZ Law Society Library, WellingtonPhone: 04 473 6202
Fax: 04 471 2568
email: [email protected]
Branch Manager: Annelies Windmill
Branch Administrator: Jacque Shailer
Librarian: Robin Anderson
Assistant Librarian: Julie Matthews
Research Librarian: Nicola Stedman
Library Assistant/LINX: Julie Kirkland
PO Box 494, WellingtonPhone: 04 472 7837
Email: [email protected]
Website: www.lawsociety.org.nz
NZ Law Society – Wellington Branch
WELLINGTON Women Lawyers’ Association is a highly collegial organisation, open to all women in theWellington region with an association to or interest in the law. We organise great events, facilitatenetworking and mentoring, make submissions on legislation and generally work to promote the interestsof women in the law and the legal system. Law students can join for free.
The membership form can be downloaded from the website wwla.org.nz, or by [email protected]. Like and follow us on Facebook: @wellingtonwomenlawyers
Wellington Women Lawyers’ Association
On 28, 29 and 30 November2017, Tier 2 of the Refugee
Family Support Category(“RFSC”) opened for registra-tions of sponsors. This was along-awaited event by therefugee community in Aotearoaas this category has opened onlyonce before: in 2012, also for aperiod of three days.
The objective of the RFSC is“to facilitate the successfulresettlement of refugees andprotected people resident inNew Zealand by providing themwith an opportunity to sponsorfamily members who do notqualify for residence under anyother category of residenceinstructions.”1
People who gain residence inAotearoa as a refugee throughthe Refugee Quota, or whoseresidence is otherwise based ontheir refugee or protected personstatus (for example, throughgaining asylum in New Zealand),may be eligible to sponsor theresidence application of a familymember and their immediatefamily under this category.2
Family reunification is incred-ibly important to formerrefugees for reasons that havebeen discussed at lengthelsewhere.3 However, the RFSCis unusual internationally, asmany countries do not offerformer refugees the opportunityto sponsor family membersother than partners/spouses anddependent children.
Operation of the RFSCThe RFSC operates under a
“two tier” system.There are 300 residence
places available annually underthe RFSC that are filled bysponsored family members fromboth Tier 1 and Tier 2 registeredsponsors.4 If there are notenough Tier 1 registrations,Immigration New Zealand (INZ)will select Tier 2 registrations tofill any remaining places. Tier 1is always open for sponsor regis-trations, whereas Tier 2 opensonly sporadically for a period ofa few days.
The key difference betweeneligibility for the two “tiers” iswhether a potential sponsor has“immediate family” living inNew Zealand.5 Tier 1 sponsorsmust not have immediate familyliving in the country. Forexample, if a former refugee
came to New Zealand bythemselves and subsequentlydeveloped a serious relationshipwith a partner, then under INZrules they could not be aneligible sponsor under Tier 1.Where a sponsor has immediatefamily living in New Zealand,Tier 2 is their only option underthe RFSC.
A former refugee gets only oneopportunity to successfullysponsor under the RFSC. If a Tier1 application is successful, theycannot subsequently use Tier 2.Where they are eligible for Tier 2,they can only successfullysponsor under this categoryonce. Tier 2 sponsors are alsorestricted to sponsoring a morelimited group of family membersthan Tier 1 sponsors, and theyare subject to extra requirementssuch as the need to have lived inNew Zealand for at least threeyears immediately precedingtheir application.6
CLWHV assistance with Tier 2registrations
In the five and half years sinceTier 2 opened in 2012 our list ofpotential sponsors has grownsteadily, and Community LawWellington & Hutt Valley(CLWHV) has received weeklyqueries around when it wouldnext open. CLWHV randedicated Tier 2 informationsessions and registrationsessions in the months leadingup to the 2017 opening of thecategory. Of the 300+ uniqueclients that visited us in theSeptember to November period(contributing to a total of almost500 Refugee and Immigrationclient interviews in these threemonths and hundreds of hoursof advice and assistance), 160 ofthese clients were determined byour lawyers and volunteers to beeligible to sponsor under Tier 2.Our team assisted them withmaking statutory declarations,providing all necessary docu-mentation and completing andchecking the forms – a task notas straightforward as it sounds,even for those former refugeesfluent in English.
Limitations of Tier 2Unfortunately, even where a
sponsor’s registration issuccessful, their reunificationwith the family member theywish to sponsor will not be fastor straightforward.
The procedural requirementsof Tier 2 pose challenges andmany applicants require theassistance of a lawyer. An addedpressure is that there were onlythree days in 2017 during whicha Tier 2 application could be sentto be accepted by INZ. If theform was completed and sentany time before 28 November itwas rejected and returned to theapplicant, and this may not havehappened quickly enough forthe applicant to resend it in time.If it was sent after 30 November,it was also rejected.
Even for those whose Tier 2registration application wassubmitted successfully in 2017,there will be a wait of severalyears before they are selected tosponsor their relative’s resid-ence application. This is due tothe limited places under theRFSC (300 annually) and the factTier 1 applications always takepriority.
Once they reach the top of thequeue INZ will send an“Invitation to Apply” to thesponsor. The sponsored familymember then must submit theirresidence application within 12months. INZ processing of theapplication will typically take 12to 36 months. This means that itwill often take many years untilthe sponsored relative is grantedNew Zealand residence and isable to provide the resettlementsupport which is the objective ofthe category.
The uncertainties about whenTier 2 will next open have led tohuge disappointment for thosewho missed out in 2017 (forinstance, because they had beenliving in New Zealand only twoand a half years at the time Tier 2opened). Former refugees in thissituation cannot simply apply assoon as they meet the require-ments of Tier 2. They must waitfor Tier 2 to reopen but have noguarantees as to when this willhappen, and it will only be forvery select dates.8 In 2012 Tier 2was open on 17, 18 and 19 Aprilfor sponsor registrations. Overfive years later, it reopened forthree days. Due to the recentincrease in our Refugee Quotaintake from 750 to 1000 (withoutincreasing the allocation of 300places under the RFSC), it islikely to be longer than five yearsuntil former refugees will next
Refugee family support – reduced to ‘tiers’
Footnotes1 Immigration New Zealand,
Operations Manual, (S4.10.1)2 You are not eligible to sponsor
in cases where you arrived inNew Zealand because of beingsuccessfully sponsored forresidence under the RFSC.
3 Please see a previous article bysenior lawyer Megan Williamsfrom Community LawWellington & Hutt Valleydetailing this topic. Publishedin Council Brief, WellingtonBranch of the NZ Law Society,November 2016, Issue 461.
4 Above n 1, at s4.10.5(a).5 Immediate family, for INZ
purposes, means a partner,parent or non-dependentchild. Refer OperationsManual, above n 1, at S4.10.20.
6 Ibid, at S4.10.20(e).7 The relevant INZ forms are all
in English (INZ 1192 (Tier 2) &INZ 1094 (Tier 1)) and therewas no translated informationavailable on their website.CLWHV paid to translateinformation on the categoryand send it out via email andpost to over 300 formerrefugee clients we knew maybe eligible in the region.
8 For example, in 2017 the INZwebsite initially indicated onits Tier 2 page that the categorywould be opening in August2017. This later changed tosometime in October. Iteventually opened inNovember.
have a chance to register as aTier 2 sponsor.
This wait is not onlyincredibly frustrating for formerrefugees but increases thepressure on them, as in manycases family members arerelying on them to reunify asplintered group. The mostimportant consequence of theseuncertain wait times, and onewhich produces a lot of anxietyfor former refugees, their familyand advocates, is the possibilityof losing eligibility. During theselengthy waiting periods, child-ren may become too old to beeligible for sponsorship (underINZ policy, they are no longerdependents at age 25), depend-ent family members may getmarried (which would also resultin the loss of their dependentstatus) or health issues maydevelop or worsen (making aresidency application moredifficult and in some situationsimpossible), to name a fewpossible situations.
We note that the coalitionagreement between Labour andthe Greens included a commit-ment to review the refugeefamily reunification policy. Wehope that a review of the policywill consider opening Tier Twoon a regular basis for an extend-ed period of time to allow peoplemore certainty and time toprepare.
Council Brief [email protected]
By Megan Williams, Roia Kahika/Senior Lawyer, and Michael Chaplin, Roia Hapori/Community Lawyer- -
DOWN1. His victims lose heart (5)2. Person who discredits an old
woman (3)3. One type has four heels, another
none at all (4)4. It’s for the rest of the cast (5,4)5. His fare is too much (7)8. Fit a support with hesitation (6)11. I’ll get him prepared for publicity’s
glare (9)13. Capital form of punishment (6)14. They’re trodden underfoot (7)16. One I form out of uniformity (5)18. It’s flat and square (4)20. He gets red if a stranger addresses
him! (3)
ACROSS6. Produce an eviction order? (4,3)
7. Penny loaf? How funny! (5)
9. How a motorist can correct a
glaring error (3)
10. She gets the theatre in an uproar
(9)
12. It describes Adam or I (5,6)
15. Decline to acknowledge
applause - and retire! (4,4,3)
17. Rose spray? (9)
19. The last thing one aims for (3)
21. Feeling irritable? (5)
22. Feeling fed-up? (7)
DOWN1. Attire (5)2. Perform (3)3. Average (4)4. Sleeping room (9)5. Belief (7)8. Morose (6)11. Express regret (9)13. Photographic
device (6)14. Maker (7)16. Trifling (5)18. Incite (4)20. Pig-pen (3)
6. Advance (7)
7. Body of troops
(5)
9. Employ (3)
10. Cancellation (9)
12. Theory (11)
15. Introductory (11)
17. Perilous (9)
19. Fresh (3)
21. Set free (5)
22. Shake (7)
Cryptic Clues
Quick Clues
PRACTISING WELL
Chaplain, Julia Coleman, 027 285 9115You can use this diagram for either the Quick or Cryptic Clues, but the answers
in each case are different. This month’s solutions are on page 2.
COUNCIL BRIEF CROSSWORD
News COUNCIL BRIEF, MARCH 2018 7
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that the viability of the event can be assured and catering can beaccurately estimated. Members are able to book for most events at:
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COUNCIL BRIEFThe monthly newspaper of theWellington Branch NZ Law Society
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Advertising Deadline: for the April 2018 issue is Monday 19 March, 2018.
Circulation: 3000 copies every month except January. Goes to all barristers and
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Zealand law firms, to law societies, universities, judicial officers, and others involved
in the administration of justice.
Will Notices: $50.00 plus GST for each insertion.
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Editor: Chris Ryan, telephone (06) 378 7431 or 027 255 4027
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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 Beacon Print, Hawke’s Bay.
ISSN 2382-2333
© Mark Gobbi 2018
MADESIGNm
Answers: See page 2
1 Add three to 151 to make it less thansixteen.
2 Name a three-letter word that can comeafter all of these three-letter words: con andfir and mat.
3 (Right) It is white’s turn to move. What shouldwhite do?
GETTING out of Europe is proving to be aknotty problem for the United Kingdom: thetimetable is tight and the nature of theconundrum facing the British governmentseems at times well-nigh unfathomable.
Speaking at the Victoria University lawschool recently, Professor Jürgen Basedowfrom the Max Planck Institute forComparative and International Private Law inHamburg, [his visit was sponsored by the NewZealand Law Foundation and the Universityof Otago Humanities Research Grant] said theBritish government was confronting “… themost complex legal issue the UK has everfaced.” The integration of the UK tookdecades – the expectation that it can be outsuccessfully by spring 2019 “is simplyillusory”.
Professor Basedow said that for 60 yearsthe European community has grown by virtueof an enormous body of legislation affectingall sectors of the economy and all parts ofsociety. “Thousands of legislative instrumentssome with hundreds of provisions have beenenacted: it is a community based on the ruleof law.
“Leaving such a community is a kind ofvivisection, a life experiment if you will withfar-reaching consequences for both sides butparticularly for the UK and for third countrieslike New Zealand which have for the past 40years or so made use of London as thegateway to Europe.”
Professor Basedow traversed theimplications of the UK triggering Article 50 ofthe EU Treaty, the problems of future traderelations between the UK and EU, the fate ofBritish citizens in Europe and EU citizens inBritain, the significance of the Irish borderquestion, and the financial settlement. TheIrish border question seems particularlyintractable; a hard border between NorthernIreland and the Irish Republic could threatenthe Good Friday accords which ended theunrest in Northern Ireland 20 years ago.
Part of the problem, Professor Basedowsuggests, is a misunderstanding of the singleUE market. Britain wants to maximise tradefreedom for British companies within thesingle market, to regain control ofimmigration, and to get rid of the influence of
the EU Court of Justice. The area of financialservices, for example, is responsible for 7-8%of UK GDP, but only 4-5% in the rest of Europe.Around a third of UK financial services isexported to other EU member states. “If freemovement of financial services is to continuewithout free movement of people, this willcreate an imbalance.” You cannot easilycherry-pick among the basic freedoms, hesaid.
The EU law that the UK will cease toobserve in March 2019 includes a vast trove ofsecondary law and regulation. “In many casesthere will be no national UK law to replacethem because the UK has not enacted them.”The resulting uncertainty is likely to beuntenable.
There are implications for third countriessuch as New Zealand. A New Zealand personwho is a spouse or close relative of a citizen of amember state, in this case the UK, may live inthe EU. Brexit may well deprive both partnersof the right of free movement within the EU.
Similarly, companies founded by NewZealand investment and incorporated in theUK, through article 54 of the Lisbon Treaty,may establish subsidiaries in other states ofthe EU, or relocate their headquarters there.After Brexit, these companies are likely to beconsidered as non-incorporated withunexpected and possibly unpleasant results.
EU legislation has profoundly affected allareas of economic law, including competition,company law, consumer law, intellectualproperty, and labour relations. After Brexit UKundertakings may be classified as part of a“third state” and therefore must establishbranches in the 27 remaining membercountries, at significant cost.
In the case of financial services, adverseregulation of third state providers enacted bythe EU was intended to keep at a distancecompetitors from New York, Hong Kong andSingapore. The City of London played animportant part in these provisions. It is nowlikely they will suffer from these sameprovisions.
Judgments of UK courts will no longer beconsidered as originating in a member stateand will not be enforced in member statesunless negotiations allow this to happen.
Council Brief [email protected] Brief April 2018 Deadline
Monday 19 March 2018
Law SocietyCricket – 8
March 2018
See page 8 inthis issue
Brexit ‘the most complex legal issue…’
COUNCIL BRIEF, MARCH 20188 Notices
Donations to the SolicitorsBenevolent Fund can bemade through:
• “Give a Little” http://www.givealittle.co.nz/org/Solicitors , which willbe automatically receipt-ed, or
• by Direct debit: Bank ofNew Zealand: 02-0506-0101108-097
All donations go directlyto the capital reserve. TheSolicitors’ Benevolent FundTrust is registered as acharitable trust (numberCC48709) and has tax de-ductible status.
If a receipt is requiredwhen making a direct debit,please email:[email protected] your name, theamount deposited and acontact number to ensure areceipt is issued and sent tothe correct place.
The Solicitors’Benevolent
Fund – waysto donate
Bruce Stewart, Mike Gould, Richard Allen and Richard Clark.
Neville Carson, Nat Dunning, Alan Henwood and Don Breaden.
Geoff Baker, Peter Dengate Thrush, Nigel Moody, Dave Wallace, Fintan Devine, Lloyd Evans, John Greenwood, Seb Baker and Stuart Dalzell.Peter Quinn.
John McCardle, Dan Parker, Brett Gould and John Strahl.
ANOTHER great day out was enjoyed by Law Society golfers at theannual Last Resort competition at the Masterton Golf Club.
Results• Last Resort Shield, won by Dan Parker on 41 points.• Second was Richard Allen on 40 points, Don Breaden 39 and
Bruce Stewart 38.• Longest drive – John
Greenwood.• 8th hole shoot out – John
Strahl.The next tournament is
already planned – Friday 22February 2019. Don’t miss out –note in your diary now!
Grateful thanks are extend-ed to the sponsors: FairmontEstate Wines, ANZ Bank, AllTeed Up and the golf clubcaterers.
A spacious professional officesuitable for several people isavailable at 4 Bond Street.
Call Frank Handy 473.1863
Office Available
DO you yearn for the thwack of leather on willow as you dream ondrowsy summer afternoons in the office?
If so, your time has come – the annual cricket match between theNew Zealand Law Society and Bell Gully is set down for Thursday 8March, 1.30 pm start at Kelburn Park.
If it rains that day, there is a reserve day on 15 March.At stake is the Sir Denis Blundell Trophy which has been
contested since 1986 between the two teams.Anyone interested in playing for the Society please contact John
Porter by email: [email protected]
Great day’s golf at the‘Last Resort’ tournament
Izard Weston is pleased to announce that from April 2018 Dr Bevan Martenwill join the firm as a partner.
The firm also announces that in April Robert Stewart and Tony Stevensare making the move to the independent bar, after 20 and 10 years aspartners respectively.
Robert joins Shortland Chambers in Auckland and Tony joins CapitalChambers in Wellington. They leave the firm with our very best wishes.
www.izardweston.co.nzAnnual NZLS/Bell Gully cricket
match – 8 March 2018
Dan Parker, winner of the Last ResortShield, on 41 points.
Please contact the solicitorsconcerned if you are holding a will
for the following:
FOR URGENT ACTION
WILLENQUIRIES
CLEWS, Wayne Ronald
Late of Upper Hutt.Owner-Operator Truck Driver.Died on 17 February 2018.
If you hold a will for the deceased,please contact:
Upper Hutt Law (Joanne Hewitt)PO Box 40501, Upper Hutt 5140.DDI: 04 282 [email protected]
■ The cost of will notices is now $50.00 plusGST. Please send payment with your notice.
■ Will notices should be sent to the BranchManager, NZ Law Society Wellington Branch,PO Box 494, Wellington.