8
C OUNCIL B RIEF Council Brief Advertising [email protected] Reynolds Advertising ISSUE 425 JUNE 2013 The monthly newspaper of the Wellington Branch NZ Law Society President’s Column By Mark Wilton, President, Wellington Branch, NZLS Changed callover process 1. From 1 July 2013 trial callover will occupy all day each Tuesday. 2. At 9.00 am trials for the following week will be called, as now. 3. The main callover will start at 10.00 am and run through the course of the day. Times will be staggered with groups of cases at 10.00 am, 11.45 am, 2.15 pm. Counsel will be expected to liaise with court staff to organize times that suit. Around 15 – 20 minutes will be devoted to each trial. 4. Counsel appearing will be expected to be fully familiar with the file. An uninformed agent appearing will be unsatisfactory. 5. As much progress as possible with each case will be expected. Special Callovers 6. On 27 – 28 June and 11 – 12 July there will be 2 special callovers, each over 2 days. 7. A large number of cases identified as “potentially resolvable” will be called through. 8. The Crown will identify a number from their perspective and defence counsel will be informed. Accused will be required to appear either by notice from the Registrar or, if in custody, by producing from the prison. 9. If any defence counsel have any additional cases they wished called for judicial intervention please contact Karyl Winter or Pearl Christian by 14 June. 10. Callover times will be staggered and can be arranged through the Registrar. _______________________ Court Manager WELLINGTON DISTRICT COURT JURY TRIAL CALLOVER CHANGES A BUSY month behind us and a busy month ahead. May saw yet another successful Shirley Smith address. This year we returned to Rutherford House to hear Justice Teresa Doherty, Judge of the Special Court for Sierra Leone, speak on the theme of sexual violence and the role of international courts. The address was well attended and extremely thought-provoking. Special thanks go our Women in Law Committee who organised the event and also to Thorndon Chambers who were our generous sponsors. CLANZ conference I had the privilege of representing our Branch at the CLANZ conference in Napier in May. This well-organised and stimulating two-day event was constructive and enjoyable, and of enormous benefit to the continuing professional development of all those who attended. The conference theme – the role that in- house lawyers play as key influencers in their organisations – was analysed by engaging and relevant speakers who imparted a wealth of knowledge. There was also a great opportunity to mix and meet in-house counsel, learn from them and have fun. We congratulate Wellington Solicitor Nicholina Adjei of the Ministry of Social Development who won the 2013 CLANZ–Wigley & Company Community Contribution Award. This is awarded to an in-house lawyer who has made an outstanding contribution to the community beyond their “day job”. Nicholina received the award for her extensive work with the Wellington Women’s Refuge. Justice Robert Chambers It was with great sadness that we learnt last week of the sudden death of Justice Robert Chambers. As a Judge, Justice Chambers made a real and significant contribution to New Zealand’s justice system. As a barrister and Queen’s Counsel he was active in advocating for and representing the interests of the legal profession. His career has been cut tragically short. On behalf of our Branch I extend our deepest sympathies to his wife Deborah and family. Justice Chambers’ achievements and contribution to New Zealand have been recognised by his appointment as a Knight Companion of the New Zealand Order of Merit, for services to the judiciary. Queen’s Counsel On a happier note it was with great pleasure that we learnt that six Wellington lawyers were appointed as Queen’s Counsel this month. This was the first appointment round of Queen’s Counsel since 2007 following changes to the Lawyers and Conveyancers Act 2006 earlier this year that restored the title of Queen’s Counsel and restricted appointments to barristers sole. We extend our warmest congratulations to Richard Fowler, Peter Churchman, John Pike, Justin Smith, Terence Stapleton and Leslie Taylor. Branch AGM and Bar Dinner I invite you all to mark on your calendar 26 June so you may attend our AGM. It would be great to see as many of you there as possible. Finally, I remind you all that we have our bar dinner on Thursday 6 June. This year we are very fortunate to have the Solicitor General Mr Michael Heron QC as guest speaker. CLANZ-Wigley & Co. Community Contribution winner Nicholina Adjei with Michael Wigley, middle, and CLANZ president Grant Adam. Wellington Branch president Mark Wilton and NZLS President Chris Moore at the CLANZ conference. Highs and lows of busy month Law Review 2013 Auditions, Sunday 9 June! For more details see page 8 The Young Lawyers Quiz Night held recently was a huge success with 40 teams entering. Winners LOLCATs, Mark Leslie, Julia Steenson, Miles Calder and Emily Buist-Calderwood blitzed the opposition but could not compete on the name stakes with ‘Keeping up with the Quizdashians’ (worst name) and ‘Nesian Quiztic’ (best). Special thanks must go to Seamus Woods as the exceptional quiz MC and to Chicago Sports Café for hosting the event. More pictures see page 8. From Tuesday 4 June 2013 the following changes relating to all applications filed under Part 27 of the High Court Rules come into effect: All applications for probate, letters of administration with will annexed and letters of administration on intestacy can only be filed in the registry of the High Court at WELLINGTON. Other registries of the Court throughout the country will not be accepting these types of proceedings after Friday 31 May 2013. Therefore, do not send new applications through the mail that will not be received at a court by Friday 31 May. An amendment to Rule 27.10 of the High Court Rules comes into effect on this date. Forms PR1 to PR9 are also amended by deleting paragraph 4 that relates to the nearest court to where the deceased resided, and in the orders, the place where the Registrar granted the application. A dedicated unit is being set up at the High Court Wellington to deal with this work. Caveats Must be filed in the registry at Wellington. Intitulment on documents The intituling for all new applications will be – IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY Existing proceedings Applications already filed in registries will remain a file of that court and any further documents that need to be filed as a result of a minute for non-grant are to be filed in that registry. Those files will be dealt with in accordance with existing procedures. Contested proceedings Must be filed in the registry at Wellington. The venue for the hearing of any such proceedings will be determined in the course of case management. Contact Details of the Probate Unit High Court, 2 Molesworth Street, Wellington DX SX10083 Fax: 04 494 9589 Email address – [email protected] For further information or inquiries concerning the changes contact John Earles, High Court Wellington. DDI: 04 914 3632 Fax: 04 914 3678 Email address – [email protected] CENTRALISATION OF PROBATES FROM 4 JUNE 2013 Notice to all practitioners, legal executives, law clerks Shirley Smith address 3 Shirley Smith pictures 4 Legal Exec graduation 5 Public ‘brain fades’ 6 In this issue:

June 2013 layout - NZ Law Society · The Crown will identify a number from their perspective and ... June 17-19 2013 – Broadening Restorative Perspectives, ... (10) 2. But when

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Page 1: June 2013 layout - NZ Law Society · The Crown will identify a number from their perspective and ... June 17-19 2013 – Broadening Restorative Perspectives, ... (10) 2. But when

COUNCIL BRIEF Council Brief [email protected]

Reynolds Advertising

ISSUE 425 JUNE 2013

The monthly newspaper of theWellington Branch NZ Law Society

❑ President’s Column

By Mark Wilton, President, Wellington Branch, NZLS

Changed callover process1. From 1 July 2013 trial callover will occupy all day each Tuesday.2. At 9.00 am trials for the following week will be called, as now.3. The main callover will start at 10.00 am and run through the course

of the day. Times will be staggered with groups of cases at 10.00am, 11.45 am, 2.15 pm. Counsel will be expected to liaise withcourt staff to organize times that suit. Around 15 – 20 minuteswill be devoted to each trial.

4. Counsel appearing will be expected to be fully familiar with thefile. An uninformed agent appearing will be unsatisfactory.

5. As much progress as possible with each case will be expected.

Special Callovers6. On 27 – 28 June and 11 – 12 July there will be 2 special callovers,

each over 2 days.7. A large number of cases identified as “potentially resolvable” will

be called through.8. The Crown will identify a number from their perspective and

defence counsel will be informed. Accused will be required toappear either by notice from the Registrar or, if in custody, byproducing from the prison.

9. If any defence counsel have any additional cases they wished calledfor judicial intervention please contact Karyl Winter or PearlChristian by 14 June.

10. Callover times will be staggered and can be arranged through theRegistrar.

_______________________Court Manager

WELLINGTON DISTRICT COURTJURY TRIAL CALLOVER CHANGES

A BUSY monthbehind us and abusy month ahead.

May saw yetanother successfulShirley Smithaddress. This yearwe returned toRutherford House

to hear Justice Teresa Doherty,Judge of the Special Court forSierra Leone, speak on the themeof sexual violence and the role ofinternational courts. The addresswas well attended and extremelythought-provoking. Special thanksgo our Women in Law Committeewho organised the event and also toThorndon Chambers who were ourgenerous sponsors.

CLANZ conferenceI had the privilege of

representing our Branch at theCLANZ conference in Napier inMay. This well-organised andstimulating two-day event wasconstructive and enjoyable, and ofenormous benefit to the continuingprofessional development of allthose who attended. Theconference theme – the role that in-house lawyers play as keyinfluencers in their organisations –was analysed by engaging andrelevant speakers who imparted a

wealth of knowledge. There wasalso a great opportunity to mix andmeet in-house counsel, learn fromthem and have fun. Wecongratulate Wellington SolicitorNicholina Adjei of the Ministry ofSocial Development who won the2013 CLANZ–Wigley & CompanyCommunity Contribution Award.This is awarded to an in-houselawyer who has made anoutstanding contribution to thecommunity beyond their “day job”.Nicholina received the award forher extensive work with theWellington Women’s Refuge.

Justice Robert ChambersIt was with great sadness that we

learnt last week of the sudden deathof Justice Robert Chambers. As aJudge, Justice Chambers made areal and significant contribution toNew Zealand’s justice system. As a

barrister and Queen’s Counsel hewas active in advocating for andrepresenting the interests of thelegal profession. His career hasbeen cut tragically short. On behalfof our Branch I extend our deepestsympathies to his wife Deborah andfamily.

Justice Chambers’ achievementsand contribution to New Zealandhave been recognised by hisappointment as a Knight Companionof the New Zealand Order of Merit,for services to the judiciary.

Queen’s CounselOn a happier note it was with

great pleasure that we learnt that sixWellington lawyers were appointedas Queen’s Counsel this month.This was the first appointmentround of Queen’s Counsel since2007 following changes to theLawyers and Conveyancers Act2006 earlier this year that restoredthe title of Queen’s Counsel andrestricted appointments tobarristers sole. We extend ourwarmest congratulations to RichardFowler, Peter Churchman, JohnPike, Justin Smith, TerenceStapleton and Leslie Taylor.

Branch AGM and Bar DinnerI invite you all to mark on your

calendar 26 June so you may attendour AGM. It would be great to seeas many of you there as possible.

Finally, I remind you all that wehave our bar dinner on Thursday 6June. This year we are veryfortunate to have the SolicitorGeneral Mr Michael Heron QC asguest speaker.

CLANZ-Wigley & Co. CommunityContribution winner Nicholina Adjei

with Michael Wigley, middle, andCLANZ president Grant Adam.

Wellington Branch president MarkWilton and NZLS President ChrisMoore at the CLANZ conference.

Highs and lows of busy month

Law Review 2013 Auditions, Sunday 9 June!– For more details see page 8

The Young Lawyers Quiz Night held recently was a huge success with 40 teamsentering. Winners LOLCATs, Mark Leslie, Julia Steenson, Miles Calder and Emily

Buist-Calderwood blitzed the opposition but could not compete on the namestakes with ‘Keeping up with the Quizdashians’ (worst name) and ‘Nesian

Quiztic’ (best). Special thanks must go to Seamus Woods as the exceptional quizMC and to Chicago Sports Café for hosting the event. More pictures see page 8.

From Tuesday 4 June 2013 the following changes relating to allapplications filed under Part 27 of the High Court Rules come intoeffect:All applications for probate, letters of administration with will annexedand letters of administration on intestacy can only be filed in the registryof the High Court at WELLINGTON. Other registries of the Courtthroughout the country will not be accepting these types of proceedingsafter Friday 31 May 2013. Therefore, do not send new applicationsthrough the mail that will not be received at a court by Friday 31 May.An amendment to Rule 27.10 of the High Court Rules comes into effecton this date. Forms PR1 to PR9 are also amended by deleting paragraph4 that relates to the nearest court to where the deceased resided, andin the orders, the place where the Registrar granted the application.A dedicated unit is being set up at the High Court Wellington to dealwith this work.

CaveatsMust be filed in the registry at Wellington.

Intitulment on documentsThe intituling for all new applications will be –IN THE HIGH COURT OF NEW ZEALANDWELLINGTON REGISTRY

Existing proceedingsApplications already filed in registries will remain a file of that courtand any further documents that need to be filed as a result of a minutefor non-grant are to be filed in that registry. Those files will be dealtwith in accordance with existing procedures.

Contested proceedingsMust be filed in the registry at Wellington. The venue for the hearingof any such proceedings will be determined in the course of casemanagement.

Contact Details of the Probate UnitHigh Court, 2 Molesworth Street, WellingtonDX SX10083Fax: 04 494 9589Email address – [email protected]

For further information or inquiries concerning the changes contactJohn Earles, High Court Wellington.DDI: 04 914 3632Fax: 04 914 3678Email address – [email protected]

CENTRALISATION OF PROBATESFROM 4 JUNE 2013

Notice to all practitioners, legal executives, law clerks

• Shirley Smith address 3

• Shirley Smith pictures 4

• Legal Exec graduation 5

• Public ‘brain fades’ 6

In thisissue:

Page 2: June 2013 layout - NZ Law Society · The Crown will identify a number from their perspective and ... June 17-19 2013 – Broadening Restorative Perspectives, ... (10) 2. But when

Boote v R – [2013] NZCA 122 – 24Aril 2013 – Stevens, Allan andClifford JJCRIMINAL PROCEDURE –EVIDENCEUnsuccessful appeal against pretrialruling that visual identificationevidence was admissible – appellantcharged with wounding with intent tocause grievous bodily harm andassault with intent to injure in respectof altercation in Elsewhere Bar atNelson – appellant alleged to havesmashed bottle in one complainant’sface causing significant injury andbitten another complainant’s thumb –shortly after incident complainantslearned the name of the allegedattacker from a number of sources,searched on Facebook and foundappellant’s profile page where theysaw photograph of person theyrecognised as attacker – few days latercomplainants identified appellant fromphotograph montage prepared bypolice for formal visual identificationprocedure – both complainantsconfirmed confident identification ofappellant in formal process withreference to attack in the bar – issue ofadmissibility determined in context ofCrown application for pretrial

admissibility ruling under s344ACrimes Act 1961 – in ruling evidenceadmissible DCJ applied approach inHarney v Police and concluded thatwhile there was need for caution due toissue of contamination there wasplethora of evidence supporting thecontention that identification by bothcomplainants in the photo montage wasreliable – other evidence includedCCTV footage placing appellantoutside the bar at the relevant time,evidence of acquaintance of meetingappellant outside the bar with blood onhis clothing and hands and appellant’sadmission that he had been in fight,descriptions by bar personnel and taxidriver of appearance and clothing of theattacker consistent with CCTV footageand text message admitting appellantwas in “big trouble” – appellantchallenged reliability of evidence unders45(1) Evidence Act 2006 – appellantargued overall combination of factorsin R v Turnbull favoured exclusion andthat visual identification evidence wascontaminated to such extent thatevidence was irretrievably unreliable -test for assessing unreliability set out bySC in Harney – open to Court toconsider all other evidence in casewhen considering question of reliability

(R v Aleki) – context of issue ofadmissibility here (s344A application)different from Turnbull but nodistinction drawn in Harney – onus onappellant to establish unreliability ofidentification – CA rejected argumentthat fact identification wascontaminated meant evidence wasirretrievably unreliable – fact ofcontamination just one of number offactors relevant to decision – natureand extent of contamination to beweighed in balanceHELD: DCJ assessment was correct –appellant had not discharged burden ofshowing evidence was unreliable –Turnbull factors properly taken intoaccount by the Judge – had thereliability of the visual identificationevidence rested solely on thecircumstances of the identification inthe bar and formal identifications,reliability of evidence would havebeen finely balanced – however othercircumstantial evidence was strong –application for leave to appeal granted– appeal dismissed – visualidentification evidence admissible attrial – order prohibiting publication ofreasons for judgment until finaldisposition of trial.

Page 2 – COUNCIL BRIEF, JUNE 2013

June 12 2013 – The Treaty of Waitangi andthe Constitution, Maori Law Review. VUWFaculty of Law, [email protected] 17-19 2013 – Broadening RestorativePerspectives, Melbourne.http://wired.ivvy.com/event/RjconJune 19 2013 – Best Practice in DisputeResolution, Auckland. www.lexisnexis.co.nzJune 21 2013 – Technology Law Conference,Wellington. www.lawyerseducation.co.nzJune 24-28 2013 – IUCN Academy ofEnvironmental Law Annual Colloquium,University of Waikato. http://iucnacademy2013.org.nzJuly 1-4 2013 – International Association ofConsumer Law Conference, Sydney.www.iaclsydney2013.comJuly 18-19 2013 – Indigenous JusticeConference, Adelaide. www.aija.org.auAugust 16-17 2013 – Inaugural IBA andInternational Law Students AssociationConference, London. www.ibanet.orgAugust 19-20 2013 – NZ Legal ExecutivesConference, ‘Look ahead – beprepared’. Rydges Hotel, [email protected]

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 2.

Cryptic CluesDOWN1. Pursuing those with guardians at a later date

(10)2. But when they are planted they don’t make

the soil light! (5)3. A bit of unrest, I realise, is created by the

agitator (4)4. Object to a little work and set a problem (6)5. He takes down what has been produced (8)6. Sea-food – that’s what the married woman

puts on .... (7)11. .... having obtained it from him! (10)13. Contradicted – manages to get help (8)14. Green may be seen in the ring (7)16. Result of vandalism – mother gets a long

stretch of time (6)17 & 7 Ac. Discovers a geological feature, but

shows dissatisfaction (5,5)20 Nothing must take precedence over eastern

river (4)

ACROSS7. See 17 Down8. Throw out a proposed scheme (7)9. Obstruction to trade – but amber

changes to the green light! (7)10. This finishes off the letter with a

flourish (5)12. Mere agents could make them (10)15. They jog one’s memory about a number

of books left unsold (10)18. Classifies vaarieties (5)19. An imposing place to live, but you’ll

find the fellow is no different (7)21. I’ll be in offstage area ready to act (7)22. Rocky shelf where the toboggan loses

its top (5)

COUNCIL BRIEF CROSSWORD

Quick CluesDOWN1. Western (10)2. Rank (5)3. In good health (4)4. Accent (6)5. Leading (8)6. Bondage (7)11. Degenerating (10)13. Banter (8)14. Disperse (7)16. Small (6)17. Guide (5)20. Fashion (4)

ACROSS7. Bend (5)

8. Truck (7)

9. Gratify (7)

10. Young eel (5)

12. Nobleman (10)

15. Trifle (10)

18. Tag (5)

19. The devil (7)

21. Restraint (7)

22. Fear (5)

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

August 29-30 2013 – Unearthing NZ’sConstitutional Traditions, NZ Centre forPublic Law, Faculty of Law, VictoriaUniversity of Wellington. [email protected] 26-29 2013 – ResourceManagement Law Association of NewZealand: ‘Black, White, Gold – does it allglitter?’, Queenstown.www.rmla.org.nz/annual-conferenceOctober 2-4 2013 – Australia New ZealandEducation Law Association (ANZELA),Hobart. www.anzela.edu.auOctober 6-11 2013 – IBA Annual Conference,Boston, USA. www.ibanet.org/ConferencesOctober 16-18 2013 – Australia and NewZealand Sports Law Association: 23rdANZSLA Annual Conference, Brisbane.www.anzsla.com.auNovember 15 2013 – Mental Health LawConference 2013, Claro and ANZ Associationof Psychiatry Psychology and Law(ANZAPPL), [email protected]

Will Notices page 8

in this issue

PRACTISING WELL

Chaplain, Julia Coleman, 027 285 9115

Wellington Branch Diary JuneThursday 6 JuneWellington Branch Bar Dinner

Thursday-Friday 6-7 JuneTrusts Conference – Best Practice in 2013, NZLS CLE Conference, Te Papa

Monday 10 JuneCurrent Tax Issues in Property, NZLS CLE Webinar, 11am-noon

Tuesday 11 JuneTricky Issues in the Life of a Lawyer, NZLS CLE Seminar, NZICA, 4pm-6.30pm

Wednesday-Thursday 12-13 JuneLawyer as Negotiator, NZLS CLE Workshop, NZICA Conference Centre

Thursday 13 JuneCourts and Tribunals CommitteeFamily Law CommitteePublic Law Committee

Friday 14 JuneCriminal Law Committee

Friday 21 JuneTechnology Law Conference, NZLS CLE ConferenceInterContinental Hotel, 8.15am-6pmCriminal Procedure Act and Legal Aid – new fees and other changesNZLS CLE Webinar, 1-2pm

Tuesday 25 JuneSecrets of Success – prosperity as a small to mid-sized firm in NZNZLS CLE Workshop, NZICA, 8.45am-1pm

Wednesday 26 JuneTorts Update, NZLS CLE Seminar, James Cook Hotel, 1pm-5pmWellington Branch Annual Meeting

Thursday 27 JuneCommercial Law Intensive, NZLS CLE, James Cook Hotel, 8.15am-4.15pmEmployment Law Committee

Friday 28 JuneWomen in Law CommitteeAdmissions Ceremony

THE scheme to assist lawgraduates into work is still beingoperated by the WellingtonBranch.

Law graduates seeking workleave their CVs at the Society.These are available to potentialemployers needing staff who canrefer to the CVs and choose ap-propriate graduates.

The work offered need not bepermanent. Any work in a lawoffice will give graduates valu-able experience that may behelpful to them next time theymake job applications.

Law graduateCV scheme

Council [email protected]

MADESIGNm Answers: See page 7

© Mark Gobbi 2013

1 Name the musicalinstruments representedby the following:

(a) P O

(b) BA BA

(c) ECLART

(d) @ # $ %

2 It is white’s turn tomove. What shouldwhite do?

Council Brief [email protected]

Page 3: June 2013 layout - NZ Law Society · The Crown will identify a number from their perspective and ... June 17-19 2013 – Broadening Restorative Perspectives, ... (10) 2. But when

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]

Traffic Accident Investigations, CriminalFile/Case Analysis

E - M A I L : p a u l @ p a u l b a s s . c o. n zW E B S I T E : w w w. p a u l b a s s . c o. n z

By Sophie Klinger for the Women in Law Committee, NZLS Wellington Branch

COUNCIL BRIEF, JUNE 2013 – Page 3

SHIRLEY SMITH ADDRESS

Sexual violence and the role of the international courts

The Annual General Meetingof the Wellington Branch, New Zealand

Law Society, will be held on Level 8,New Zealand Law Society Building, 26

Waring Taylor Street, Wellington onWednesday 26 June 2013 at 4.00pm

❑ More details page 5

BY the time you read this the NZLS Library Canterbury should be back inits home in the Christchurch High/District Courts building. I hope themove goes smoothly and I am sure that all of us are pleased that thelibrarians and the collections are together again. There are some accesschanges and out of town users should check with the library about access.Contact [email protected] for more information.

Acts and regulationsThere is a further source of these in Wellington aside from those

mentioned last month. Vicbooks, the university book shop in Wellington,also carries them. Ask at the shop on the Ground Floor of RutherfordHouse across the road from the Railway Station and they will be pleased tohelp you.

Judicial Decisions OnlineThis database from the Ministry of Justice has a new web address. Go to

https://forms.justice.govt.nz/jdo/Search.jsp to search for decisions.

A to Js OnlineCoverage of these now goes up to 1945 so this resource is getting very

good and useful. Go to http://atojs.natlib.govt.nz/ to use these.And now for an internet timewaster. Geoguessr is a great way to pass

time and to test your geographical and observational skills. It shows youstreet photographs from Google maps and you need to pinpoint thelocation! Good for the well travelled. Go to http://geoguessr.com/

New booksAccess to information, Wellington: LexisNexis, 2011 KM209.I6.L1 TAYAustralian courts: serving democracy and its publics, Melbourne: TheAustralasian Institute of Judicial Administration 2012 KL220.K1 AUSConflict, governance and professionalism, Wellington: New Zealand LawSociety2013 KL82.9.L1 NEWDrafting better court documents, Wellington: New Zealand Law Society2013 KN383.L1 NEWEquitable remedies, Wellington: New Zealand Law Society 2013KN230.L1 NEWNot-for-profits: changes and challenges, Wellington: New Zealand LawSociety 2013 KN169.4.L1 NEWOccupied lawfully: Otago District Law Society 1979-2004 Dunedin:Otago District Law Society 2006 KL118.OTA OCCProfessional conduct casebook, Oxford: Oxford University Press 2013KL82.A1 HAMReal Estate Agents Handbook 2013, Wellington: Thomson Reuters 2ndEd. 2013 KN74.8.L1 SAWRecalibrating behaviour: smarter regulation in a global world, Wellington:LexisNexis NZ Ltd 2013Search and seizure: a treatise on the Fourth Amendment, St.Paul, Minn:Thomson/West 4th ed. 2004 (updated to 2012) KM580.2.G1 LAFThomas on powers, Oxford: Oxford University Press 2nd ed 2012KN54.6.A1 THOUnit titles, Wellington: New Zealand Law Society 2013 KN72.6.L1 NEW

By Robin AndersonWellington Branch Librarian

❑ Library News

Canterbury Library home at last

THE sixth annual Shirley SmithAddress, honouring ShirleySmith’s life and significantcontribution to the law, was heldon 14 May 2013.

The event, hosted by theWellington Branch Women in LawCommittee and held at VictoriaUniversity’s Rutherford House,was very well attended by thejudiciary, local practitioners,students and the public.

Justice Teresa Doherty, a judgeof the Special Court for SierraLeone, who delivered this year’saddress, spoke about thedevelopment of the prosecution ofsexual violence in internationaltribunals, particularly drawing onher experience in Sierra Leone.After a brutal civil war marked bysexual violence and the abduction

of children as “child soldiers”, theUN Security Council, in agreementwith the Government of SierraLeone, set up a war crimes tribunal(the Special Court for SierraLeone) to try those responsible forcrimes committed during theconflict. The Special Court isknown for several landmarkdecisions in international law,including decisions involvinggender-related crimes in conflict.Justice Doherty was appointed in2005 by the UN Secretary-Generalto the Special Court following herjudicial appointments in the HighCourt and Court of Appeal ofSierra Leone from 2003 to 2005.

Justice Doherty’s address tracedthe development of the status ofwomen in wartime underinternational law, and the growing

recognition of rape and othersexual assaults in conflict as acrime against humanity. Shebegan by acknowledging that forcenturies, women were consideredthe property of the conqueringparty. They might be a reward forthe soldiers as a measure ofvictory, a matter of “to the victorgoes the spoils”. Theseperspectives carried over intocontemporary conflicts as well: theconcept of rape as entitlement hadfeatured in the trial of CharlesTaylor in Sierra Leone.

‘Children of the enemy’Another aspect of the position of

women in wartime discussed wastheir ability to bear “children of theenemy”. Due to their potential toreproduce, women were killed orraped with the intention that theygive birth to children from adifferent ethnic group.

For a long time, internationaltreaties and customary law failed toaddress the position of women andwartime sexual violence at all. Aninteresting observation was that thegradual change of attitudes andincreasing prohibition of sexualcrimes against women originatednot from recognition of the harm ofsexual violation, but fromwomen’s status as another man’sproperty. Even once there began tobe some protections for women ininternational treaties, including theGeneva Conventions, these wereoften framed in terms of familyhonour and respect for privateproperty and religious convictions,rather than acknowledgingwomen’s personal integrity and theright not to be violated.

There were many difficulties inprosecuting sexual crimesoccurring in wartime, even whereit was well known that they hadoccurred, such as in Nurembergand Tokyo after World War II.Problems stemmed from the lackof explicit criminalisation ofcertain sexual offences, and thereluctance of women to giveevidence, as well as concerns thatthe allied troops had been equallyinvolved in such offending.

Justice Doherty described herexperiences sitting on somesignificant cases following theconflict in Sierra Leone. TheSpecial Court has been one of thefirst international courts toconsider issues of forced marriageand sexual slavery, and whetherthese constituted separate crimes,or whether the former wassubsumed in the latter. One caseinvolved women abducted by rebelforces and allocated as wives ofsoldiers and commanders. Thesewomen were told they weremarried and were obliged tocomply with the demands of theirhusband, including domesticresponsibilities, carrying andprotecting property, and bearingchildren. The majority held thatthere was no separate crime offorced marriage.

Dissenting judgmentHowever, in a dissenting

judgment, Justice Dohertyconsidered that forced marriagewas a separate crime. She notedthat not only were the women toldthey were married, but therelationships carried the hallmarksof marriage, and the women hadresponsibilities to the men andreceived the same status as the menthey were associated with. Shealso drew on international treatiesand conventions and the laws ofother jurisdictions – everycontinent recognised forcedmarriage as a crime.

In closing, Justice Dohertyconsidered the reasons behindthe increased focus on sexualand gender-based crimes ininternational courts. She disputedassertions that this was mainly dueto a greater presence of women onthe bench. In her view it was alsonecessary to credit trends in

domestic law and attitudes thatbetter acknowledge the status ofwomen and women’s work, as wellas an awareness of gender-basedviolence and the need to addressthat violence. The Judgecommented that she was gratefulto have the opportunity to vocalisewhat thousands of others believedand knew.

Sexual violence as war crimeJustice Doherty’s address

highlighted the way that rape andother attacks against women andchildren have long been regardedas an inevitable part of thestrategic tools of war. However, itis also an area where significantrecent advances have taken placein terms of the recognition ofsexual violence as a war crime anda crime against humanity. Despitethe ongoing obstacles toprosecution, it is clear thatinternational criminal tribunalswill continue to have an importantrole in prosecuting these offences,providing a meaningful form ofrecourse for victims and anappropriate forum for holdingperpetrators and leaders toaccount.

The Committee greatlyappreciates the continued supportof Thorndon Chambers and theWellington Branch of the NewZealand Law Society in helping tomake the Shirley Smith Addresssuch a successful and thought-provoking event. Thanks are alsodue to the Law Foundation fortheir assistance in bringing JusticeDoherty to New Zealand.

Council

Brief

Advertising

[email protected]

The Treaty ofWaitangi and the

ConstitutionTHE Maori Law Reviewis hosting a symposiumconsidering the constitutionalrole of the Treaty of Waitangi onWednesday 12 June.

Presenters are: Rt Hon SirGeoffery Palmer QC, MamariStephens, Colin James andPhilip Best. A panel of youngNew Zealanders will also offertheir views.

Constitutional advisory panelmember Linda Tuhiwai Smithwill reflect on the discuss-ions and on the ongoing‘Constitutional conversation’.

The symposium is to be heldin lecture theatre 4, Faculty ofLaw, Victoria University ofWellington, 1.00-5.30pm onWednesday 12 June. Places arelimited – please [email protected]

Thanks to Buddle Findlay,the NZ Centre for Public Lawand the Constitutional AdvisoryPanel for support for this event.

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Page 4 – COUNCIL BRIEF, JUNE 2013

2013 SHIRLEY SMITH ADDRESS

Lifeline Counselling has a team of qualified professional counsellorsexperienced in working with clients across a broad range of issues.

Our high-quality confidential service can help with day-to-day issues suchas: stress, anxiety, burnout, depression, relationship issues, grief, traumaand addiction.

All our Counsellors are qualified to Masters level and are members of the NZAssociation of Counsellors.

For New Zealand Law Society members and families we are offering adiscounted rate:

$110 based on a normal 60min session

Currently this Face-to-Face service is only available in person in the Aucklandregion. Other regions will be introduced throughout 2013.

Skype Face-to-Face counselling applies throughout New Zealand.

Please contact Lifeline Counselling on

[email protected] or phone 09 909 8750

Ian Benton, Justice Doherty’s husband,and Ruth Nichols.

Justice Clifford, and Matthew Smith and Derek Johnston,both of Thorndon Chambers.

Ruth Nichols, Karen Feint of Thorndon Chambers, a major sponsor ofthe event, Justice Teresa Doherty and Helen Sutch.

Karen Grau, Sally Carter and Mark Wilton.

Andrea Ewing, Justice Doherty and Elizabeth Chan.

Sophie Klinger, ElizaPrestidge Oldfield, Julia

Whaipooti and Amy Dixon.

Hon Sir Grant Hammond, Kristina Muller andDr Matthew Palmer.

Margie Thornton, Susan Hillda and Sonja Cooper.

Professor Don Locke, Indonesian lawyerRatna Dewi and Maire Leadbetter.

Natalie Pierce, Chris Hodson QC and Judge O’Dwyer.

Gerard van Bohemen, Jane Meares and David Rutherford.Helena Cook and Natalie Pierce.

Justice Glazebrook, Justice Catherine Davani from Papua NewGuinea and Lynda Hagen, executive director of the NZ Law

Foundation, one of the sponsors of the Shirley Smith Address.

NEW Zealand’s first bilingual dictionary of Maori legal terms has beenlaunched at Victoria University’s Faculty of Law.

He Papakupu Reo Ture: A Dictionary of Maori Legal Terms is the latestresult of a five-year research initiative – the Legal Maori Project – headed bysenior lecturer, Mamari Stephens, and Dr Mary Boyce from University ofHawai’i, Manoa Campus.

A research team of 48 researchers, reviewers and advisors has worked onthe project. The team has also created the Legal Maori Corpus, a digitisedcollection of thousands of pages of legal and law-related texts in the Maorilanguage dating from between 1828 and 2009, as well as a digital archive ofhistorical Corpus texts, the Legal Maori Archive.

The Project received funding of more than $800,000 from the Ministry ofBusiness, Innovation, and Employment; the Victoria University LibraryContestable Fund; and the University Research Fund.

The next step is to make He Papakupu Reo Ture: A Dictionary of MaoriLegal Terms and other resources available online by mid-2014 with theassistance of funding from the NZ Law Foundation.

First bilingual Maori legal dictionary launched-

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Mamari Stephens and the first bilingualdictionary of Maori legal terms.

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These pictureswere taken at the

annual ShirleySmith Address

held on Tuesday14 May 2013.

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COUNCIL BRIEF, JUNE 2013 – Page 5

NEWS

NOTICE IS HEREBY GIVEN that the Annual General Meetingof the Wellington Branch, New Zealand Law Society, will be held on Level 8, New Zealand LawSociety Building, 26 Waring Taylor Street, Wellington on Wednesday 26 June 2013 at 4.00pm

Nominations are called for the following positions:President (1)Vice President (2)Council member (up to 10)

Only original nominations completed on the correct form and received in the BranchOffice by 4pm on 3 June 2013 will be accepted – electronic copies are not acceptable.

Nomination forms are available to download at:http://my.lawsociety.org.nz/branches/wellington/documents/Nomination-form-2013.pdf

Completed nomination forms should be sent by post to:The Manager

Wellington Branch NZLSPO Box 494, Wellington

Annual General Meeting

Or delivered to:The Manager

Wellington Branch NZLSLevel 3, 26 Waring Taylor Street, Wellington

The panel at the Ethics Committee seminar in May: front, Sir DavidGascoigne, Paul Barnett, Dr Duncan Webb and Beith Atkinson; rear,

Kenneth Johnston and Jock Nicolson.

Ethics seminar attractslarge audience

OVER 70 Wellington practi-tioners attended a seminarpresented by the WellingtonBranch Ethics Committeerecently.

Kenneth Johnston, the EthicsCommittee convenor, said theCommittee had been inexistence for many years andoften received inquiries frompractitioners about ethical issuesto which it was happy torespond, on the understandingthat its views had no standing inany proceedings. The committeewas surprised and gratified at thelevel of interest from locallawyers in the seminar, initiallyexpecting perhaps “a half adozen people and a labrador”.Mr Johnston thanked MinterEllison for kindly hosting themuch larger group.

Practitioners had suggested anumber of issues and questionsbeforehand and these werediscussed by the panel ofexperts: Judicial ConductCommissioner and MinterEllison senior consultant SirDavid Gascoigne, MinterEllison senior consultant JockNicolson, Dr Duncan Webbfrom Lane Neave inChristchurch, Beith Atkinson,manager of legal operations atthe Department of Corrections,and Paul Barnett, a member ofthe Ethics Committee.

Areas covered includednegotiating the questions askedof telephone callers to theMinistry of Justice, clientconfidentiality, conflicts ofinterest, clients with disabilitiesor acting under some form ofduress, the need to act withintegrity at all times, and issuesaround taking advantage ofclient information.

There was lively discussionfrom the floor and members ofthe audience came up with anumber of pertinent examples.The rules of conduct for lawyerswere raised in a number of cases,but it was noted that sometimesthe lawyer’s “common sense andmoral compass” may need tocome into play, and thatdecisions “appropriate to thecircumstances made by a lawyerof good standing” must be made.It was emphasised that the kindof discussion of the rules takingplace in the seminar was veryvaluable.

Some interesting quotes fromthe meeting: “File notes arerisk-management strategiessometimes mistaken for ethics”;“Conflicts of interest are theantithesis of independence”;“While you should neverknowingly deceive, exaggerationmay be justified (‘weaving oneversion of the truth’) but neverbeyond the bounds of truth”.

THE Wellington Branch extended a warmwelcome to the graduates of the NZLS LegalExecutive Diploma for 2013 at their graduationceremony on 23 May.

As guest speaker NZLS President, Chris Moore,acknowledged the commitment of the graduates totheir studies over a number of years, and stressedthe value that legal executives bring to theprofession.

He reminded the graduates that although theirstudies may have finished, they were all startingout on a new journey as part of the profession andwished them every success.

As well as graduates and their families, invitedguests included Mark Wilton, Wellington BranchPresident, Cordelia Thomas, diploma coursedirector, Gordon Churchill and Cedric Hunt,lecturers from the local teaching institutes; NZLSdiploma national coordinator Elizabeth Berry andrepresentatives of the NZ Institute of LegalEexecutives, national president Pam Harliwich andlocal president Necia Parker.

Karen O’Reilly, pictured here with diploma coordinatorand Whitireia lecturer Gordon Churchill, was the top

legal executive diploma graduate for all of New Zealand.Karen, who already has a degree in engineering, was the

winner of two NZ Law Society prizes for gaining topmarks in the examinations for Introduction to the Legal

System and Business Law and Practice. Karen is currentlylooking for a legal executive position.

Wellington Branch salutes locallegal executive graduates

PRACTISING WELL

Chaplain, Julia Coleman, 027 285 9115

Council Brief Deadline July 2013 issue:Monday 24 June

A PUBLIC lecture on ‘Eco-constitutionalism: Recognising Environmental Rightsand Values in a Constitution’ by Victoria University senior law lecturer CatherineJ Iorns Magallanes is to be presented by the NZ Centre for Public Law.

The talk will address the various ways that a constitution can upholdenvironmental protections, including environmental human rights, responsibilitiesto protect the environment, and rights of the environment itself. It will discussoverseas examples of mechanisms that might be used in New Zealand.

Catherine Iorns has researched and written extensively on environmentaltopics. She is a member of ECO, an adviser to Nepal’s Green Forum, nationalgovernance member of Amnesty International and national committee member ofUN Women Aotearoa NZ.

The lecture will be held in lecture theatre 1, Old Government Buildings, 55Lambton Quay, 5.30-6.30pm Wednesday 12 June 2013.

Constitutional protection toenvironmental rights and values?

Wellington region Legal Executive Diplomagraduates for 2013.

NZ Institute of Legal Executives national president,centre, and local president Necia Parker with NZLS

president Chris Moore.

From left, Karen O’Reilly’s mother, Karen, AmehaWondirad and Giselle Castellanos Sabin.

These and other pictures may be viewed on Facebookgo to: www.facebook.com/mylawsociety

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COUNCIL BRIEF, JUNE 2013 – Page 6

VUW LAW FACULTY

By Professor Tony Smith,Dean of Victoria University’s Law School

Typing pleadings • Opinions • CorrespondenceTranscribing hearings, arbitrations, interviews

Concept Secretarial has the facilities to receive and transcribe

digital voice files via email

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LEGAL WORD PROCESSING • SECRETARIAL SERVICES

LEVEL 14, 89 THE TERRACE, WELLINGTON Telephone (04) 473-0277 Fax (04) 471-0672

Email: [email protected]

Professor Tony Smith

‘I can’t remember…’ – the ‘brain fade’ in public life

FUNNY faculty,the memory.The inability torecall details ofparticular eventsor facts (suchas the existenceof an off-shorebank accountcontaining a

large five-figure sum) has landedsenior politicians of every politicalhue (including the Prime Ministeron at least two occasions, and theformer Auckland mayor, who hadcompletely obliterated a memory ofbeing flown by helicopter for alunch engagement with KimDotcom) in a certain amount ofstrife in the last year or so.

Being of a certain age myself, Ihave some sympathy with thosewho are apt to be a mite forgetfuland inattentive. But there are limits– it may be true that one cannotremember taking a helicopter rideto lunch with a controversial host,but there is something inherentlyimplausible about the claim.

I cannot help wonderingwhether there might be a widerobservation (all right, grossgeneralisation) to be made, whichis that New Zealanders generallyseem to be somewhat inattentive totheir own biographical histories.Occasionally, since returning tothis country, I have noted peoplespeaking about quite importantevents in their lives and beingastonishingly imprecise about thetiming – “I was born / startedsecondary school / university/married in about 1983 or 1984”. Itmay stem from an innate modesty –my biographical history is reallynot of that much interest, even tome. Is it an alternative possibilitythat it is partly a consequence of theway in which the importance ofrote learning and memory isdownplayed in modern education?

What prompts these reflectionsis my exposure to the powers ofrecall of my English co-author whoretired from the English High CourtBench this March at the age of 70.We write a book on the law ofContempt. His autobiographicalmemory is truly astonishing. When

asked to say what he was doing on aparticular date throughout his life,he will pause for a bit, and then sayexactly what he was doing 30, 40 oreven 50 years ago. Of course we,his audience, have to take his wordthat his memory is accurate, but therecollection is usually recountedwith sufficient detail to accord it adegree of verisimilitude. He willexplain that fifty years ago when hewas twenty he was anundergraduate at Cambridge and inhis second year and in April hewould have finished lectures andtutorials and therefore beenpreparing for exams which he didby working until 7.30pm or so andthen going to the pictures. Justsometimes, when asked when hedid X or Y, he will answer with adegree of imprecision – it musthave been July 1957, but he cannotremember the exact day.

Memory feats of that kind are asort of parlour trick, but a trickwhose secrets I have been trying tounlock; that sort of recall is anability that I should like to acquire.My efforts to date lead me to thinkthat there are two dimensions to it.The first task is to identify andmemorise the important landmarksin one’s own biographical history,and then work around those dates toother less important matters – whenone travelled to the Coromandel, orPrague or whatever it might be.

The other is a rather differentability, and it involves having (ordeveloping) a sense of theimportance and significance of whatis happening at the present moment.A person holding an office such asthe prime ministership of a country –let’s call it New Zealand – will beconfronted by the requirement tomake an enormous number ofdecisions on an hourly basis.Choices have to be made veryrapidly. All very different from thetime when Herbert Asquith wasprime minister in the early part oflast century. According to hisbiographer Roy Jenkins, Asquithfound time to read the novels ofAusten and Trollope in betweencabinet meetings, and his watchwordwhen confronted with knottydifficulties was “wait and see”.

A modern prime minister doesnot have the luxury of that leisurelypace of life. A decision is taken andthen, unless a conscious effort ismade, more or less forgotten. Inmy experience, lawyers (andjudges in particular) very oftenbehave in a similar way. When acase is finished, the random accessmemory is wiped and it is off to thenext scenario. It is rather analogousto the situation that arises when weengage in a familiar exercise suchas driving. In the course of ajourney to work or the supermarket,we have to process all sorts ofmaterial that is critical to drivingsafely – we need to remember themotorcyclist approaching usrapidly from behind who appears to

be looking for an opportunity toovertake, and that the person infront has had the right indicatorflashing but has not turned right ateither of the last two intersections,and needs to be watched with somecaution. But if asked to recollectdetails even an hour later, thememory would almost certainly bea blank. In the scheme of things,such detail is just not sufficientlyimportant to be committed tomemory.

With senior politicians, andothers in positions of responsibilitywho are required to take decisionsof some significance, we canperhaps ask for rather more. Itseems not unreasonable to expectsuch a person to have acquired and

cultivated an instinct to appreciatethat in certain circumstances, adegree of circumspection is calledfor, and that it might be quiteimportant to commit to memory (oreven perhaps to a file note) some ofthe detail surrounding thetransaction. Choosing the nextDirector of the Security Services isplainly an exercise that should behandled with a degree of caution –not remembering whether or notone has seen/telephoned or hadbreakfast with the candidate doesnot meet the expectations that Ihave outlined. Pleading “brainfade” in such circumstances doesnot really seem to be an adequateresponse.

THE 2012 year ended on both ahigh and a low. The closure ofRimutaka’s faith-based unit wasthe cause of some sadness on bothsides of the wire. Despite thissetback the prisoner re-integrationwork continues with Charlescurrently working with tworecently released men as well aspreparing three men who are stillincarcerated for their release in2013 and 2014 respectively.

This preparation includessupervised time outside ofRimutaka, ranging from eight to 48hours. Charles oversees activitiessuch as: personal shopping; a daytrip to Wellington; visiting whanau– as directed by Probation Services;as well as meeting with keypersonnel from their communitysupport/mentoring team.

This support includes securinghousing, employment and meetingspiritual needs. Employment isoften hard to obtain but is animportant factor in ensuring apositive outcome. Over theprevious three years, of the 12 menreleased, and who are still ‘outsidethe wire’, nine are working.Employment outcomes range from:one working as a self-employedpainting contractor who is now

A new year in the Taita Pomare Project

The innovative multi-strandedcommunity programme led by theRev Charles Noanoa based in St

Matthews Anglican Church, Taita,Lower Hutt, Wellington, has been

discussed in Council Brief before. Thework of the programme includes: there-integration of men released fromRimutaka Prison; youth justice workwith Children and Young Person’s

Service and the NZ Probation Service,a food bank, community gardens,

and oversight of the talented TumekeTaita Touch Rugby Team

employing others; and others truckdriving, general labouring, factorywork, and regular manual work viatemping agencies. These outcomesdefy expectations.

The high side of our work is agrowing community programmewhich has seen partnering withlocal Anglican churches andschools to share resources.

These are practical partnershipsand include, for example, girlsfrom the Chilton Saint JamesSchool worship team, a localAnglican-affiliated school joiningour community “cook-off” team.The girls supervise the childrenwhile the hall is being set up for a‘Master Chef’ type event whichnow involves over 80 peoplecooking and sharing food together.

Recipe book in pipelineThe local area has a high number

of takeaway outlets so theseholiday events build confidenceand cooking skills. A recipe bookKaifusion, which has grown out ofthis event, is nearly completed andawaits publication. The bookfeatures affordable and nutritiousrecipes. The development ofcooking skills is supportedthroughout the year with regular‘kai nights’ where families prepare

❑ Continued page 7

By Anne Hannah

Te Aute College pupils in actionduring their gala day.

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MADESIGNm

Answers for puzzles from page 2

1 (a) P and O, piano

(b) two BA, so tuba

(c) clarinet

(d) symbols, so cymbals

2 1 Rh6 gxRh6 (if 1…g6 then 2 Nf6+wins black’s Q; if 1… anything elsethen 2 Qxh7#) 2 Nf6+ wins black’s Q

Page 7 – COUNCIL BRIEF, JUNE 2013

THE WIZARD OF ID

Crossword SolutionsFrom page 2

Across: 7 Fault; 8 Project; 9 Embargo; 10 Serif; 12Agreements; 15 Remainders; 18 Sorts; 19 Mansion;21 Willing; 22 Ledge.

Down: 1 Afterwards; 2 Bulbs; 3 Stir; 4 Oppose; 5Consumer; 6 Herring; 11 Fishmonger; 13 Gainsaid;14 Emerald; 16 Damage; 17 Finds; 20 Nile.

Cryptic Solutions

Quick SolutionsAcross: 7 Curve; 8 Trolley; 9 Indulge; 10 Elver; 12Aristocrat; 15 Triviality; 18 Label; 19 Tempter; 21Control; 22 Dread.

Down: 1 Occidental; 2 Grade; 3 Well; 4 Stress; 5Foremost; 6 Slavery; 11 Retrograde; 13 Raillery; 14Disband; 16 Little; 17 Steer; 20 Mode.

CVs availableat Wellington

BranchTHE Wellington BranchNZLS holds the CVs oflawyers and peoplepreparing for admissionwho are looking foremployment. Contact theBranch to see whetherwe can match up acandidate with the skillsyou are looking for.

COMMUNITY LAW CENTRE

By Geoffery RobertsManager Community Law Wellington and Hutt Valley

COUNCIL BRIEFThe monthly newspaper of theWellington Branch NZ Law Society

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.

Advertising Deadline: for the July 2013 issue is Monday 24 June, 2013.

Circulation: 3150 copies every month except January. Goes to all barristers and

solicitors in the Wellington, Marlborough, 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.

MANY of you will be aware of therecent announcement from theMinister of Justice about fundingof community law centres (CLC).In brief, CLC funding from theMinistry has been guaranteed atcurrent levels for another twoyears. This comes as a welcomerelief, as the Ministry is the largestfunder of Community LawWellington and Hutt Valley. Theguarantee of funding enables us tostart looking at how the CLC willcarry out its work in the future andhow it can best serve ourcommunity over the coming years.

Doning more with less…Over the next few months we

will occasionally be using ourregular column to tell you aboutvarious projects we have on the go.Some of you may just wish to stayabreast of our work, some of youmay be able to chip in with someadvice, and hopefully some of youmay like to get involved. What

follows is an introduction to apotential way of expanding ourrange of services to the community,and we certainly welcome anyfeedback.

CLCs have a proud history oftight-fisted innovation. Given thelevels and uncertainty of non-government organisation funding,we have internalised the mantra of‘doing more with less’. As part oftrying to be as canny as we can withour money, we regularly snoop inon what other CLCs might be up toin other parts of the world. Werecently came across an interestingconcept in Sydney that we thoughtwarranted further investigation.

Salvos Legal a model for NZ?The idea of a ‘social enterprise’

will not be new to most of you.However, it may not have occurredto many of us as an alternativemodel for delivering legal services.Of course, many firms donate bothtime and money to charitable

causes, but structuring a legalpractice as a social enterprise iscertainly a novel concept. The firmwe discovered is known as SalvosLegal (www.salvoslegal.com.au)and operates in both New SouthWales and Queensland. It wasestablished just two years ago withsignificant support from theSalvation Army (hence its name)and so far has proven a successfulexperiment in providing alternativefunding for community legalservices.

Profils to humanitarian purposeThe Salvos Legal model is a

straightforward social enterprise,set up to create a profit which isthen used to fund a charitableinitiative. In this case, thecommercial, fee-charging firmdistributes its profits (lessexpenses) to the humanitarian firmwhich then provides free services tothose who cannot afford to pay.Both entities are deemed charitable

for tax purposes and thehumanitarian practice is also able toreceive tax deductible donations.

Questions to comeWhile it is slightly inconvenient

to admit that the Australiansthought of it first, we do think thismodel could be borrowed and putinto practice here. This is one of thenew directions we will be lookinginto in the coming months. We canalready see some challenges: Whowill staff it? How will it bestructured to ensure its charitablestatus? Who will bank roll it in theinitial stages? Could an existingCLC be the humanitarian firm andreceive profits from thecommercial practice? How do youensure there is volunteerinvolvement when the commercialfunction could be in competitionwith private practice? Howsympathetic is the currentregulatory environment in NewZealand to this arrangement? And

are there aspects of the Australiansystem that make this initiative lessfeasible here than there?

A social enterprise law firmcould be a key contributor to thefunding of legal services for thosewho cannot afford to pay. It couldcomplement the funding from theMinistry of Justice and otherfunders of free legal assistance. Itcould also help to diversify therange of legal services provided tothose in need.

Feedback welcomedWe are interested in hearing

from you as we investigate thisconcept further, especially if youhave ideas on how to tackle any ofthe above questions. If you havesomething to contribute to thisproject, please contact me [email protected]. Watch thisspace for further developments inthe future.

The funding conundrum – is a social enterprise law firm the answer?

and share food together.Food is a predominant need in thework of the Taita Pomare Project.The food bank, which is run out ofSt Matthews by local volunteers, isa true community effort – it issupported by Petone Pak’n’Savesurplus, delivered to Taita by StVincent de Paul drivers, anddistributed by Charles and theteam. Any leftover fruit andvegetables are frozen and find theirway into pickles and chutney. Thisalso provides an opportunity forsharing skills and talents inpreserving food.

Members of the Tumeke TaitaTouch Rugby team completed theiryear with a further two NewZealand representatives chosen, atthe NZ Maori Nationals inNgaruawahia. These boys will playin Brisbane this July.

The team, which is now in itsthird year and includes boys whohave not played organised sportprior to joining, recently travelledto play at Te Aute Maori Boys’College in Hawkes Bay. This verysuccessful game was played on theschool’s annual gala day.Following the game the boys were

joined by Emily Naylor, co-captainof the Black Sticks, who spoke ofher Olympic experiences andwinning and losing on the worldstage.

The boys gain a wider worldview through these trips away andin this case also had the opportunityto briefly experience life in a Maoriboarding school.

The 2012 year closed with acommunity lunch for around 150 ormore people in the Taitacommunity hall. This was providedby St Mary’s Church, Silverstream,from the profits of their Thursday

café. The lunch was attended by theBishop of Wellington, JustinDuckworth, who is sponsor to theTaita Pomare Project, as well asChilton St. James principal, JudeFawcett.

More exciting youth initiativesare underway in 2013 and will berelated in a later edition of CouncilBrief.

❑ From page 6

Funded entirely from donationsThe work of the Taita Pomare

Project is entirely dependent ongrants and donations.

If you would like to donate orwish to know more about this workin one of the poorest areas of theHutt Valley please [email protected]

A new year in the Taita Pomare Project

Council Brief Deadline July 2013 issue:Monday 24 June

❑ Anne Hannah is the Funding Manager for theAnglican Diocese of Wellington.

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Train the lawyers

of tomorrow

enjoy:

You must have:

ALLEN, Kenneth GraysonLate of Appt A804, 320 MansfieldStreet, Newtown, Wellington.Unemployed. Single. Age 72.Born 24 June 1940.Died at Wellington on 6 March 2013.Public Trust (Michele Cairns)PO Box 31446, Lower HuttDX RP42084Tel 04 978 4872 Fax 043 978 [email protected]

Please contact the solicitorsconcerned if you are holding a will

for any of the following:

FOR URGENT ACTION

WILLENQUIRIES

■ The cost of a will notices is $57.50 (GSTinclusive). Please send payment with yournotice.

■ Will notices should be sent to the BranchManager, NZ Law Society WellingtonBranch, PO Box 494, Wellington.

FAMILY LAWYERJohn Gwilliam & Co LimitedBarristers and SolicitorsUPPER HUTT

A vacancy has arisen in our firm for a lawyer with one to two yearsexperience in the Family Law area.

This position requires the ability to work independently and within ateam environment. You will have a strong desire to be successful infamily law, however the successful applicant will have theopportunity to undertake other litigation work as required.Supervision will be provided. Preference will be given to applicantswho have current Lead Provider – Family status or previous LegalAid experience. Eligibility for a NZLS Practising Certificateessential.

Written applications, with curriculum vitae and referees, should bemarked confidential and forwarded to:

John Gwilliam & Co LimitedPO Box 40 457Upper Hutt

Attention: John Gwilliamor email: [email protected].

All applications will be treated as confidential.

Closing date for applications is Friday 14 June 2013.

For more details regarding our firm visit our website:www.jgwilliam.co.nz.

SITUATIONS VACANT

• Friendly and supportive environment

• Healthy work / life-style balance

• Develop your chosen areas of practice

A great opportunity exists to advance your career and play a role in ourfirm.

Our focus is on private clients and small to medium businesses involvinga variety of property and trust work, but you will be encouraged todevelop your chosen areas of practice.

We offer a relaxed and supportive environment, competitiveremuneration and an interesting range of work. For more informationabout us, look around our website: haymanlawyers.co.nz.

We are looking for a lawyer with at least two years NZ private practiceexperience, who is keen to take on responsibility and develop a career inour firm.

We envisage a salary in the region of $50,000-$70,000 per yeardepending on experience.

Please forward your CV in strict confidence by 30 June 2013 to:

Kusum RavjiPractice ManagerHayman LawyersPO Box 204, DX [email protected]

Lawyer – develop your career

COUNCIL BRIEF, JUNE 2013 – Page 8

Council BriefAdvertising

[email protected]

YOUR favourite law-oriented musical comedyhas returned!Auditions for the Bell GullyWellington Law Revue, a skit-based show performed byVictoria University law studentsand young professionals, are onSunday 9 June.

The Revue needs a team of fun-loving, extroverted, and notoverly-sensitive people (talent isan optional extra) and not just onstage...from the leading lady to theguy dressed as a carpet; from themake-up team to the stagemanager; come and be part of themost fun you’ll have in the legalprofession ... ever! (NB: non-lawstudents are welcome!).

To register for auditions orbackstage roles [email protected], alternativetimes can be arranged, just pleadyour case! In the meantime, findus on Facebook and keep an eyeout around campus for moreinformation.

“It changed me. In a good way?I don’t know.” (– Cast member2012)

WellingtonLaw Revue2013 wants

you – auditionson this Sunday

YoungLawyers

QuizNight

COUNCIL BRIEFDEADLINE JULY

24 June 2013Jamie Grant and Tim Cochrane.