Canterbury tales

Canterbury Westland Branch New Zealand Law Society December 2015, Vol. 21, No. 11

Canterbury tales

Justice and Emergency ServicesPrecinct just over a year awayBy Rachel Homer,Senior Advisor,Stakeholder Engagement andOperations Christchurch Justiceand Emergency Services Precinct

Malcolm, Sandy, Valerie, Susan, Zylpha, Philip and David at theCanterbury Westland Branch NZLS and Julia, Mary, Theresa, Anne

and Rachael at the Law Library wish all practitioners and theirfamilies a safe and happy Christmas and New Year. We would also

like to thank everyone for their assistance throughout 2015.

Season’s greetings

One year on from laying thefoundations for the ChristchurchJustice and Emergency ServicesPrecinct, Deputy Secretary HigherCourts Robert Pigou says theconstruction is on track for allagencies to be moved in by mid2017

“Although construction only really began inSeptember last year, the project has actuallybeen going a lot longer when you consider theamount of planning and coordination that wentinto it, not to mention the preparation of theland which took almost seven months tocomplete,” says Robert.“Much of the planning was about coming upwith a design capable of withstanding naturaldisasters so essential services can continue torun in the event of an emergency,” says Robert.Since the first concrete pour 13 months agoconstruction has progressed steadily, with themajor framework of both the Justice andEmergency buildings finished in mid-October.BackgroundThe Precinct brings together the Ministry ofJustice, Judiciary, New Zealand Police,Department of Corrections, St John NewZealand, New Zealand Fire Service, Ministry ofCivil Defence and Emergency Management,and the Civil Defence and EmergencyManagement functions of the Christchurch CityCouncil and Environment Canterbury in onepurpose-built precinct in central Christchurch.The Precinct also includes a dedicatedEmergency Operations Centre providing leadingedge emergency response capability andallowing agencies to work together to managelocal, regional and national incidents.South Island 111 emergency services arelocated adjacent to the Emergency Operations

Centre for seamless collaboration. This will bethe first time that the St John Clinical ControlCentre and Police and Fire SouthCommunication services have been co-located.These functions and facilities mean the Precinctis designated as critical infrastructure post-disaster and therefore an innovative designsolution was developed for the buildings andits foundations. A thick 1.2m concrete slab waspoured on top of 2.5m-deep cement stabilisedground.The Precinct is built to Importance Level 4 (IL4)with base isolation technology that restrictsmovement and damage during a seismic event,and 72 hours resilience if local networks areunable to support the Precinct with power,water and waste services.

Correctional facilities are usually designed asImportance Level 3 (IL3) buildings to afford ahigher degree of protection to people who arenot able to readily evacuate their buildings. Inthe case of the Precinct custodial facility, whichis below the base isolation plane, the Projectmade the decision to design the facilities tothe same IL4 strength as the rest of thedevelopment. Occupants of the Precinct’scustodial facility will thus have a greater degreeof protection in a seismic event than is usuallyrequired.The completed Precinct will have 19courtrooms, a dedicated customer servicecounter and a joint custodial facility with 31cells and two day rooms.

Continued Page 10

The Precinct site viewed from Tuam Street.

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Council ColumnVino FinoPhoto Caption

Each month we have a photo captioncompetition where we invite you to submit acaption. The winner will receive two bottles ofwine sponsored by Vino Fino (www.vinifinoco.nz,188 Durham Street). Send your entry to theCanterbury Westland Branch New Zealand LawSociety, P. O. Box 565, Christchurch. Or emailto canterbury-westland@lawsociety.org.nz. Allentries must be received by February 9 2016.The winner will be announced in the nextedition of Canterbury Tales.

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

“Aw — who ate all the pies?”

You will have seen that constructionof the Christchurch Justice andEmergency Services Precinct is wellunderway.

Rachel Homer and Phil Miles from the Ministryattended our recent December monthlyCouncil meeting and gave a presentation onthe Justice Precinct, which includes a lawyers’room on level three. There is a law library onthe ground floor in the adjacent EmergencyServices building.The project is generally on track for the Courtoperation to move into the precinct in early2017. Getting to this point has involvedinevitable budgetary constraints and theconsequent equally inevitable “you can’t pleaseeveryone all of the time”. However, we wereimpressed. Similar presentations are to bearranged for the profession for early next year.Please do come along.Our firm shifted recently back into the CBDafter five years in temporary premises inAddington beside a car and dog wash. I willnot miss the emails on nor-west days remindingus to keep the kitchen windows shut so that

the dog hair doesnot come in.The shift prompteda couple ofthoughts. First Icontemplated justhow many businessand homeownershave already shifted,some more thanonce, and howmany more shiftsare still to take place

The committee of Canterbury Westland Branch of the New Zealand Institute of LegalExecutives is grateful to and thanks the Canterbury Westland Branch of the New ZealandLaw Society for its support during 2015, and in particular for continuing to host theannual legal executive graduation.This year’s graduation was held on 18 June 2015, with 14 graduates receiving their diplomas.A special thanks also to all those who supported our seminars throughout 2015, we had a greatresponse. Each seminar contributes towards CPD for the registered legal executives and solicitorswho attend and we aim to hold a minimum of four seminars again next year.Social functions in Christchurch this year included a makeup evening, a mid-winter meal, amovie night and we held this year’s Christmas function at Trenches Restaurant in the newChristchurch Memorial RSA building.We continue to send out a quarterly newsletter (the Quarterly Quip) to our members. This is animportant tool to keep members up to date with our monthly networking opportunities, socialfunctions, seminars, reports from our liaison officers around the South Island and advising ofnew or reinstating members and those who have moved up to the next level of membership.For law firms looking to employ registered legal executives, we offer a Joblink service wherebywe will circulate your advertisement for a registered legal executive to our members at no costto employers (there is a charge to employment agencies).If any law firm wishes to use this service, they should contact our Job Link Co-ordinator, LanaMcCarroll (email, lana.mccarroll@laneneave.co.nz). Advertisements are also circulated to membersof other NZILE branches through our national network, in case any members are looking tomove regions.We recently held our branch’s AGM and the elected committee is: Jill Forde, president, AnneGibbs, secretary, Sharon Scott, treasurer,Natalie Lamborn, Jo Langton, Lana McCarroll, Jill O’Neilland Cheryl Clausen. Liaison officers: Otago (Linda Whatson), Queenstown (Diana de Koning),Oamaru (Jan Omnet). Our email address is canterburywestland@nzile.org.nz.The committee wishes everyone a safe and happy holiday season.

Cheryl Clausen

in post-quake Christchurch. That led to mywondering just how long Christchurch will bequalified by the word “post-quake”. I did notdwell on the last thought for long, as I did notthink I would be cheered by the answer.Five years on, everyone here in Canterburycontinues to be impacted to one degree orother by the quakes.I therefore extend you the Society’s very bestwishes for the Christmas and holiday season,and hope that your break will provide you withwhat you need. For most of us that will includerest.

Prue Robertson, vice-president

Busy year for locallegal executives

Canterbury tales 3

A small but select group ofChristchurch employment lawyersgathered at Engineers, a local bar, onThursday 5 November 2015.

The slightly disappointing turnout (which hadabsolutely no causal relationship with the shortnotice of the event provided by the EmploymentLaw Committee) did mean that those whoattended were free to gorge themselves on themagnificent platters of healthy fried delicacies,cured meats and cheeses.The platters included some delicious sauces,some of which managed to find their way ontothe lapel of a new suit. The dashing wearer ofsaid suit wasted not a moment fretting aboutthe sauce incident as at the same time he wasblindsided by the news that his new home wasin yelling distance of not one but two of theless savoury characters in attendance.On strict instructions from Sandy “The Enforcer”Hopkin, the intrepid committee photographerbegan to record the event for posterity.Unfortunately, he failed to record the failedphoto-bomb attempt by a senior practitioner.The Employment Authority Member inattendance delivered an oral determinationalong the lines of an A+ for commitment, a D-for not spotting the step, and a penalty (payableto the Crown) for landing in the lap of anunsuspecting member of the public. Rumoursof a marriage proposal from that member ofthe public could not be substantiated.The evening was surprisingly cool, whichprompted the attendees to huddle around thegas heaters. This did wonders for collegiality butless so for one attendee’s eyebrows. As thecrowd thinned, the remaining stalwarts retiredinside to debate at great length the pros andcons of the flag referendum and concluded witha comprehensive examination of the firstemployment laws they would pass upon turningNew Zealand into an enlightened dictatorship.Thank you to the Law Society for its support, tothose who attended, and to the Engineers’ staffwho ensured that we remained well hydrated.

Facing up to life’s big issuesBy Gareth Abdinor and James Pullar

Top, Kathryn Dalziel, Holly Swadel and Andrew Shaw. Bottom,Jess Babe, Andy Ogilvie and Brad McDonald.

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Canterbury tales2 Canterbury tales4

Decision fatigue remediesBy Andrew NuttallDirector, Bradley Nuttall Ltd

In my last article I referred to a studyby professors at Ben GurionUniversity and Columbia BusinessSchool and edited by psychologist,Daniel Kahneman who wasawarded the 2002 Nobel Prize inEconomics for his work inbehavioral economics.

Readers may recall that willpower, just like ourmuscles, can fatigue with too much use andthis can lead to poor decision-making. It isapparent that we only have so much willpowerto use every day so how do we best make useof what we have?1. Do the most important things first. If youwere before a judge, you would want their bestattention, energy and focus wouldn’t you? Theaforementioned research indicated that aprisoner is more likely to receive a favourablehearing from a judge if their application forparole was heard early in the day. So if youhave a particularly challenging piece of workto do or letter to write, do it first thing whenyour brain is fresh. Our first few hours in themorning can be our most productive.2. Write your to-do list the day before. As ourbodies tire from exertion our brains alsobecome tired. Decisions we make over andover again can weaken our willpower. You mightfind it helpful to make up your mind the night

before on what you are going to wear to workand for this reason leaders like Barrack Obamaand Mark Zuckerberg wear the same thing towork every day since it removes their need tomake a decision about how they are going todress. By making up your mind the night beforeyou will have used less energy on somerepeated daily decisions and have more energyfor the important things.3. Schedule the important things. We all havethings that are important to us, some of whichmight not be work related e.g. losing five kilos,getting started on your book or article or savingmoney. Rather than relying on willpower andmotivation to make the right decisions eachday or month, schedule them in your diary andautomate them. Arrange an automatic paymentinto a separate savings or investment accountor make additional mortgage payments eachmonth.4. Refresh your brain during the day. We can’tcomplete every important task in the first fewhours so plan to take appropriate breaks duringthe day. The study I have referred to concludedthat the judges made better decisions aftereating so when it is important to get the bestresults from your mind put food into your bodyand take time out with meditation or a walkalong the riverbank.I hope these ideas will be helpful for you asyou finish another busy year. I suggest you takesome time over the summer break to refreshand reflect on small changes you can makethat will help you achieve more for you andthose close to you. Best wishes for a mostsuccessful 2016. I hope it will be your bestyear ever.

Andrew Nuttall is an Authorised FinancialAdviser at Bradley Nuttall Ltd. He can becontacted on 03-364 9119 or www.bnl.co.nzHis disclosure statement is available freeof charge and on demand.

Canterbury Tales is the official newsletterof the Canterbury Westland Branch NewZealand Law Society.Publications Committee: Zylpha Kovacs(convenor), Simon Shamy (editor), CarolynBrowne, Ann Maria Buckley, DanielWeatherley, Beatrix Chin.All correspondence and photographsshould be forwarded to: The BranchManager, Canterbury-Westland Branch NewZealand Law Society, Level 1, 307 DurhamStreet, Christchurch. PO Box 565Christchurch.Phone 366-9184, fax 366-9977, emailcanterbury-westland@lawsociety.org.nz.Canterbury Tales is published 11 times peryear. The deadline for editorial andphotographs is the 8th of the month.Disclaimer: Canterbury Tales is publishedby the Canterbury Westland Branch NewZealand Law Society. The opinionsexpressed herein may not necessarily bethose of the Branch and have not beenexpressly authorised. The Branch acceptsno responsibility whatsoever for any error,omission or statement.

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Canterbury tales

The NZLS Canterbury WestlandLitigation Committee function heldon the 11th November 2015 toofficially (albeit belatedly) welcomethe appointments of Justice Nationand Justice Davidson to the HighCourt Bench was well attended bylocal practitioners.

The Poppy Room in the newly built ReturnedServices Association building was abuzz withthe bonhomie of a wide range of practitioners.Sitting and retired Judiciary rubbed shoulderswith conveyancers and litigators, both seniorand junior.Graeme Riach, who self-deprecatinglydescribed himself as fourth choice, the StevenDonald of introduction speakers, provided anentertaining introduction in relation to bothjudges. His experience of Their Honours inpractice, respectively as counsel he instructedand working as an employed solicitor, addeddepth to the subsequent speeches by both ofthe new members of the judiciary.The highlight of the evening was the speechesfrom our two new judges. Both spoke of thetransition from practice to the Bench as havingboth its rewards and its challenges.Justice Nation spoke of the range of his work,across the range of legal subjects. JusticeDavidson spoke of the change involved frombeing the centre of a busy barrister’s chambers,noting that his Department of Justice mobilephone had not yet rung. The nods of assentfrom the past and present members of thejudiciary present showed that this was acommon experience.

By Simon Shamy

The event certainly shows that the collegialitywithin the profession, particularly between

members of the Bench and practitioners,remains in good health. The local professioncongratulates Their Honours on their elevationsto the High Court Bench.

Comings& Goings

Information for this column must now be sentdirectly to the Canterbury Westland branch dueto privacy issues. Please send informationregarding changes to firms or practitioners tosusan.newman@lawsociety.org.nz withsubject heading Comings & Goings.We assume that by the firm supplying theinformation that the individual people haveagreed to their names being published.Left firm/organisationVaughn Hill, left Quentin Hix Legal, as from 10November.Miriam Black, left Papprills as from 18November.Firm closedAs from 30 November Sole Practitioner DavidA Wood of Timaru will cease to practise.Change of detailsRaymond Donnelly & Co has moved to newpremises at 114 Peterborough Street as from27 November 2015. All other details remainthe same.

Justices Nation and Davidson tell of their transitions from practising lawyers to the judicary.More photos Page 9.

Left, Richard Raymond and Graeme Riach.Above, Amy Bayliss and Sarah Ulmer.

Judges warmly welcomed5

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Canterbury tales2 Canterbury tales6

May

The retirement of Family Court lawyer Peter O’Dmarked by a special Family Court sitting. Peter isabove left with his wife Judy. Right, Nick Davidsoappointed a High Court judge. Below, 11 of 14 neexecutives at their graduation ceremony.

Left, “Judge” Erin Ebborn presides over a faux Family Court at a family justice seminar inChristchurch. Right, Hamish Davies with his cricket Man of the Match trophy at the SportsDay presentations.

Dorothy Thompson Scholarshipwinners Marianne Dutkiewicz andRebecca Cook. The award is madeannually to the two top femaleIPLS graduates.

The Honourable Amy Adams, the Minister of Justice, was aspecial guest at the 2015 Law Dinner. She is pictured far left atthe top table. Right top, Colin Abernathy, right, is presented withgolf’s Hunter Cup by the 2014 winner Mark Sherry. Bottomright, Marcus Elliott was sworn in as a coroner.

Top, Sam Henry and Stephanie Mannwho were the local winners of the NeZealand Law Foundation NationalYoung Lawyers’ Mooting CompetitionThe pair were unable to attend the finin Wellington and the runners-up

The year got off to a good start with Gerald Nation, left, beingappointed a High Court judge and Justice Graham Panckhurst,right, being made a Knight Companion of the New ZealandOrder of Merit.

The year that was — lo

March

April

June

July

February

Matthew Prendergast and GuyCarter, below, went in their place— and were the ultimate winners

Canterbury tales 7

August

OctoberTop, Laura Stone became the fourthgeneration of her family to beadmitted to the Bar when she wasamong 42 new lawyers admitted.Laura is pictured left with her fatherBevan Stone. Her great grandfatherwas Judge Kendrick Archer and hergrandfather Alan Archer. Below,Bob Perry celebrated 30 years as aDistrict Inspector. He is picturedwith his wife Wendy.

Left, a spot of male bonding on the Young Lawyers’ bus trip to North Canterbury wineries, and, right, four of the participantsin a very successful Professional Women’s Conference organised by the Canterbury Women’s Legal Association. The quartetare Amelia Nicholson, Catherine Bibbey, Her Honour Justice Rachel Dunningham and Cheryl Clausen.

November

September

Judge Garry Collin, formerly of Christchurch but now living inHamilton, was the guest speaker at a dinner for Family Lawpractitioners. In the photo top left he is pictured, right, withColin Eason and Judge Lynne Harrison, who is featuredagain, left, at her swearing in as a District Court judge in

After four and half yearsin Homersham Place,Russley, the CanterburyWestland Branch of theNew Zealand Law Societyreturned to a new buildingon its pre-earthquake siteat 307 Durham Street. TheStandards Committee hadthe distinction, right, ofhaving the first meeting inthe new seminar room.

Dunedin. With her is Siobhan McNulty,one of a number of Christchurchcolleagues who travelled south for theceremony. Left, Garth Gould, a much-respected retired lawyer who died at theage of 85. Above, the Duncan CotterillPiste Monkeys who were the fastest teamat the annual lawyers, accountants andcorporates Ski Day at Mount Hutt.

Donnell wass picturedon who wasew legal

n,w

n.nal

ooking back on 2015

ess!

Canterbury tales2 Canterbury tales8

Beatrice’s battles continueBy Catherine Bibbey(for the CWLA)

Beatrice Mtetwa was the keynotespeaker at the CWLA 2014Conference.

Last year Kathy Basire gave us a snapshot ofBeatrice’s life, work and struggles in upholdingthe rule of law in Zimbabwe. She has beenthreatened, taken into custody and beaten justfor carrying out her professional role, defendingthose charged by the Mugabe government (seeCanterbury Tales Sept 2014)In 2013 she was charged with obstructingjustice for asking the police for a copy of theirsearch warrant during a search of her client’shouse. Thankfully she was acquitted after a trial.However this has not proved to be the end ofthe matter as the Prosecutor General appealed.Since hosting Beatrice in New Zealand in 2014I have remained in touch with this remarkablewoman. Just one month ago and quite shortlyafter Beatrice successfully defended a well-known opposition figure, a hearing wasscheduled on the appeal. Her supportershearing of this started the #handsoffbeatriceand are tweeting out every time she is due toappear in court. Many are appearing in hersupport. With the “glare of the world” uponthem, at the most recent court appearance theProsecutor recused himself after direction fromthe Judge when it emerged that he had actuallydeposed an affidavit for the Prosecution. Thishas meant another delay.The judge in this case stated his concern thatBeatrice appeared to be (again) representingherself. However, Beatrice advised him that thistime the case was to be led by anotherZimbabwe lawyer, Tinashe Zindi. In 2014 I hadvoiced my concern to Beatrice about the perilsof self-representation. She said that she hadno choice as it was often impossible to find alawyer prepared to defend her for fear of beingseen as actively and publicly supporting her.And even with representation it would be costlyfor her and counsel.As well as Beatrice’s ongoing struggles withinthe legal system, 2015 has been a terrible yearfor her and now she is all the more vulnerable.We at the Association are gravely concernedfor her.I had been in contact with Beatrice in Marchthis year and she had told me that at thebeginning of the year it looked as if things“settled down a bit”. Then an activist journalistwas abducted, which she said was a return toa past they “would like to put behind us”. Therewas then a violent revolt by inmates in thecountry’s maximum prison demonstrating overpoor diet. She saw these as “ominous sirens”

that could “trigger a return to greater repression”.For her personally what began as a difficult yearhas only got worse. Her law partners foundthat the profile of Beatrice and the type of workshe does impacted on their practises and theirpersonal security to a level they could not livewith. This has meant that she is now practisingalone.Then came the unthinkable for Beatrice. Lastweek Beatrice’s partner of some 25 years,Professor Sam Moyo, was killed in a car crash.Professor Moyo was an eminent scholar and agreat voice on land and agrarian issues inZimbabwe.To a certain extent the regard in which theProfessor was held in Zimbabwe and beyondprovided Beatrice with a level of protection. Aswell as this he was obviously her rock andsupport and provided a safe harbour for herafter the difficulties she faced each day. Shetold me last year that when she got home after

the CWLA conference she would be very busyorganising a party for Sam’s 60th birthday andwas very excited about this. And now he hasdied aged just 61.The Association has extended the sympathiesof its members to Beatrice at this very sad time.Many of you attended the film night held onthe 25th of November where we socialisedand watched the film “Beatrice Mtetwa and theRule of Law”.The movie was certainly a wonderful insightinto Beatrice as a person but also provides asnapshot of Zimbabwe and the challenges forall lawyers who are trying to uphold the rule oflaw for the benefit of all Zimbabwe citizens andbeyond.We were grateful to receive the very generoussupport of our co-hosts Canterbury Chambers.All proceeds from the night will be sent to theZimbabwe Lawyers for Human Rights (ZLHR).We also extend our thanks to the people thatwere unable to attend on the night butpurchased a ticket for the event by way ofdonation.We now have at least $2,500 to send to theZLHR and will arrange for the transfer in theNew Year. In the interim if any practitioner and/or firm would like to donate an amount tosupport the ZLHR (and as a result Beatrice)we can add this to our payment (Bank acct -03-0855-0394818-00 — put ZLHR in as areference).It is our intention to ask the ZLHR to direct asmuch as possible of the funds towards assistingBeatrice both in the support of her and thedefence of the appeal.Finally many of you missed the movie and maystill want to see it. On this basis CWLA (withthe consent of the movie’s producer) will makethe DVD movie available to anyone who wouldlike to screen this movie for themselves, familyor staff and in return request that a donationof your choice be made to the ZLHR.Thank you all for your support for Beatrice.

Beatrice Mtetwa......lost her partner in amotor accident.

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Canterbury tales 9

Kevin Clay, James Wilding and Isabel Mitchell.

Left, Justices Davidson andChisholm. Right, SerinaBailey, Andrea Sumner andLana Paul.

Lindsay Lloyd, Pip Hall QC and Nigel Hampton QC.

Peter Whiteside QC, Bob Perry and Judge Bruce Palmer.

Geoff Brodie and Michael O’Regan.

Josh Orton, Hayden Baird and Amanda Bradley.

Functionfor newjudges

Continued from Page 5

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

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

Has your client considered including a charity in their will?

Canterbury tales2 Canterbury tales10

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ChristchurchFebruary, 2016

16 — CPD Top Up.23 — Not For Profits — Changing Needs.

March2 — Appeals to The High Court, Webinar.8 — Employment and Discrimination,Webinar.8 — The Future of Law Firms — BreakfastSeminar.8 — Managing and MaximisingRelationships at Work.21 — Intensive Health and Safety.22 — Trust Account Administrator.30 — Time Mastery.

April4 — Influential Presentations.5 — Commercial Law Intensive.11 — Natural Justice in Employment.12 — Vulnerable Children.13 — Torts Update.

Out of Christchurch23 February — Expert Witness, Auckland.10-12 March — Stepping Up, Auckland.11 March Wellington, 15 March Auckland— Triple your memory and confidence andhalve your stress.16-18 March — Lawyer For ChildWorkshop, Wellington.5 April Wellington, 6 April, Auckland —Education Law Intensive.7-8 April Wellington, 14-15 April Auckland— Introduction to Criminal Law Practice.11 April Wellington, 12 April Auckland —Women in the Law Conference.14 April — Property Auction Sales,Auckland.15-17 April — Understanding MediationPart A, Auckland.20 April — Trust Account SupervisorTraining Programme, Auckland.

Made up of three buildings — the Justice Building, the Emergency Services Building and acarpark for operational vehicles - the Precinct is located in the central city block bordered byColombo, Tuam, Durham and Lichfield Streets.The construction of the Precinct is now 15 months through a 30-month build programme,and the Precinct is on track for agencies to move in by mid-2017. The installation of the majorsteel work for the Justice and Emergency Services buildings is now complete, with the lastmajor steel columns installed in mid-October.The Tuam Street tower of the Justice Building now has the Precinct’s first roof and has alsohad the first of many windows installed. With more containers of windows arriving eachfortnight for installation, this will be the first section of the Precinct to be enclosed.The Durham Street tower of the Justice Building is close to having the installation of its roofcompleted, and installation of flooring has begun in the Lichfield Street tower of the JusticeBuilding.The foundations for the operational vehicle carpark are underway also, with 900 woodenpiles already installed and sections of the foundations themselves being poured. Work on thefoundations will continue over the coming months, following which the steel work installationwill begin.The Precinct design and build is utilising Building Information Modelling (BIM). This innovationprovides a digital representation of the physical and functional characteristics of the Precinct ina 3D model. On the 1st of December we will be presenting to the NZLS Canterbury WestlandCouncil at their monthly meeting and will take this opportunity to walk them through some ofthe spaces in the Precinct using the BIM system. In the coming months leading up to themove in date we will create a number of opportunities to provide the same demonstration toall Law Society members.

Continued from Page 1

The Precinct site viewed from Lichfield Street.

Justice and Emergency ServicesPrecinct just over a year away

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Canterbury tales 11

Practice Notices

Canterbury Tales is published by theCanterbury Branch New Zealand Law Societyand is distributed to members on a monthlybasis.Display advertising rates

Advertising Details Colour $30 plus GST per column/cm*Classified advertising ratesColour $35 plus GST per column/cm**Agency commission bearingAdvertising contactJim Kennedy

Email: jimkennedy005@gmail.comPhone: 342-5457 Mobile: 027 577 7139Editorial contactZylpha KovacsPO Box 565 Christchurch 8140Phone (03) 366-9184 Fax (03) 366-9977

REACHING THOSE WHOCAN’T REACH OUT

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• Anglican Care South Canterbury

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Case summary (86)Lee v Lee, Court of Appeal [2015]NZCA 514, 4 November 2015EQUITABLE REMEDIES —LIMITATION OF ACTIONS

Successful appeal from decision striking outproceedings alleging undue influence,unconscionable bargain and breach of fiduciaryduties - whether claims were “action upon adeed” or equitable in nature - whether 12 yearlimitation period under s 4(3) Limitation Act1950 Act (Act) applied - appellant executorsof their parents estate challenged transactionsunder which parents transferred shares in familybusiness - respondent was appellants’ brotherwho was director and manager of business -appellants, but not respondent, were alsobeneficiaries of estate - in October 1997 seriesof transactions undertaken as part of successionplan for business - plan included transfer offamily home to family trust and debt back toparents - business factory leased by companyto parents was sold to trust with debt back tocompany - lease assigned to company andfamily trust debt assigned to parents -reorganisation of company share capital underdeed of October 1997 - parents transferred900 non voting shares to respondent and 100voting A shares to accountant trustee - parentsloaned respondent $200,724 to buy B shares- under parents’ wills balance of loan torespondent and trust debt for home purchaseto be forgiven on their death - under deed of

August 2000 - 100 A shares transferred torespondent for $200,000 - parents to signacknowledgement of debt - transactions wouldextinguish respondent’s liability for equalisationpayment - discrepancies between 1997 and2000 transactions not able to be resolved onstrike out application - appellants alleged undueinfluence where parents relied on respondentto run business and provide for their financialsecurity in securing 2000 share transfer atsignificant undervalue at time when parentsdisabled by mental and physical health issues- unconscionable bargain - parents at seriousdisadvantage to respondent with respect toaffairs of company which respondent exploitedto produce transfer - breach of fiduciary dutyowed to parents - respondent deniedallegations and pleaded affirmative defenceunder s22 Limitation Act 1950 - respondentargued cause of action arose under 1997 deedwhen mother disposed of shares whereasappellants relied on 2000 deed - AssociateHigh Court Judge struck out proceeding onbasis no new cause of action arose in 2000 -2000 transaction was variation of 1997transaction, right of action accrued in 1997 andproceeding was statute barred - application toreview decision and for leave to appeal thendismissed by High Court - CA granted specialleave to appeal on question whether claim wasstatute barred and should be struck out -specific issues were when cause/s of actionarose - whether claim founded on one or moreof deeds or some other legal basis - whetherclaim equitable in nature and not subject toany statutory time limit.HELD: appeal allowed - claim not “action upona deed” - appellants challenged deeds andsubstantive transactions effected - challengeequitable in nature - essence of claim basedon relationship between elderly and weakeningparents and son running family business in theirfinal years - claim equitable and far removedfrom arms-length employer/employeerelationship - claim not subject to limitation byanalogy under s4(9) and not statute barred -lack of clarity in underlying facts would alsopreclude strike out on basis pleadings disclosedno arguable cause of action - HC decisionstriking out proceeding quashed - HCproceeding remained on foot - Courtcommented that disputes underlying the HCproceedings were eminently suitable foralternative dispute resolution process -important first step would be to bring someclarity to the facts - a document akin to the

cross-referenced chronology required by r 9.9High Court Rules would assist parties to resolvetheir dispute.

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Canterbury tales2 Canterbury tales12

Fun and games at MethvenBy Brendan Callaghan

The annual, ANZ South IslandDevil’s own Golf Tournament — forthe rest and rejuvenation of thelegal profession — was held atMethven from 6-8 November.

Friday afternoon saw the usual suspects andthe newcomers tee off in warm conditions.Members of the profession, together with thesponsors, were able to make their way roundthe Methven Golf Course in near perfectconditions and were treated to the famousMethven Golf Club hospitality at the end oftheir rounds.From the golf club everyone adjourned backto the Methven Resort for the official part ofthe evening where old acquaintances wererenewed and new introductions made.It was pleasing to see a number of new facesin attendance this year. Hopefully they enjoyedthemselves enough to tell a friend and comeagain next year. Once the formalities had beenconcluded the parties went off into the nightto seek out a meal and to confirm once againthat there is nothing like country hospitality atthe local watering hole(s). A word to the wisethough, don’t let Mike Kerr near the jukebox.Who knew Mike was a closet boy band fan!On Saturday two rounds of golf were played.The afternoon rounds were foursomes, eitherat the Methven Club or up at Terrace Downs.For those for whom one round was enough aquiet afternoon at the aforementionedwatering holes or the resort was just aswelcomed.

In the early evening, those that didn’t play up atTerrace Downs were transported to TerraceDowns by bus for the Saturday night dinnerwhere the arrangements for Sunday’s slavercompetition were finalised with the help of BryanAndrews. On the way back into Methven thebus conveniently stopped at the brown pubwhere a few further refreshments were enjoyed.The salver pairs competition take place onSunday, as well as a further rounds of golf forthose not in the field. Congratulations to MattLancaster and Bob McDermott who took thetop prize.As is always the case, the prize table was wellstocked and a good weekend was had by all.Well, maybe not by all. Those who had foodpoisoning might not agree that the weekend

was all it was cracked up to be!On behalf of the participants, a huge vote ofthanks is again due to the organisingcommittee, who do so much to make thisweekend so enjoyable. Also the sponsorswithout whose support a weekend like thiscould not happen. Please get out and supportthem as they support us.To Barry and the team at the Methven GolfClub thanks for allowing us the run of the coursefor the weekend and for ensuring that everyonewas fed and watered in true mid-Canterburystyle.Finally our gratitude to those who continue tosupport this event just by attending. It truly is aweekend that rejuvenates the profession in thelead up to what is traditionally a busy and oftenstressful time of year.

Golfers prepare for action.

Left, Julian Clarke,Malcolm Morrison andBrendan Callaghanenjoy a social momentand, right, Ford Bakersponsor SteveMcCormick (left)presents the trophy forBest 36 Hole Stablefordto Matthew Lancaster.