the law commission’s 30th anniversary symposium the … · hon dr wayne mapp graduated llb (hons)...
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November2010,Wellington,NewZealand|REPORT119
WELLINGTON, NEW ZEALAND | NOVEMBER 2016
THE LAW COMMISSION’S 30TH ANNIVERSARY SYMPOSIUM
THE LAW REFORM COMMUNITY IN THE 21st CENTURY
1
Programme
Coffee 8.30 am Everyone to be seated 8.45 am Their Excellencies arrive 8.45 am Mihi whakatau – Kura Moehu 8.50 am
Session One – Law reform: an overview
The Hon Douglas White QC welcomes and introduces the Governor-General 8.55 am (Chair, The Hon Douglas White QC, President of the Law Commission)
• Her Excellency The Rt Hon Dame Patsy Reddy, Governor-General 9.00 am • The Hon Douglas White QC 9.15 am • Hon Amy Adams, Minister of Justice, Minister Responsible for the Law
Commission 9.30 am
• The Hon Justice Dame Ellen France, Supreme Court 10.00 am • The Minister and The Hon Douglas White farewell the Governor-General 10.30 am
Mid-morning break 10.30am
Session Two – Law reform: accessibility (Chair, Helen McQueen, Law Commissioner)
• Ms Fiona Leonard, Chief Parliamentary Counsel 10.45 am • Ms Una Jagose QC, Solicitor-General 11.15 am • Panel:
• Dr Arie Rosen, Faculty of Law, University of Auckland • Ms Fazleen Ismail, General Manager Law Reform and Sections, New Zealand Law Society • Dr Bridgette Toy-Cronin, Director Legal Issues Centre, University of
Otago
11.45 am
• Q & A 12.15 pm Lunch 12.30pm Session Three – Law reform: Te Ao Māori (Chair, Hon Dr Wayne Mapp, Law Commissioner)
• The Hon Justice Joe Williams, High Court 1.20 pm • Associate Professor Claire Charters, Faculty of Law, University of Auckland 2.00 pm • Panel:
• Professor Mark Hickford, Dean of Law, Victoria University of Wellington
• Ms Natalie Coates, Associate, Kahui Law • Ms Mihiata Pirini, Assistant Crown Counsel, Crown Law
2.30 pm
• Q & A 3.00 pm
Mini break 3.15pm
Session Four – Law reform: really looking forward (Chair, Dr Lisa Yarwood, Senior Legal & Policy Adviser, Law Commission) 3.30 pm
• Panel: • Ms Kate Salmond, Senior Legal & Policy Adviser, Law Commission • Mr Paul Comrie-Thomson, Legal & Policy Adviser, Law Commission • Mr Pita Roycroft, Law Student • Ms Eve Bain, Law Student
Concluding remarks (Donna Buckingham, Law Commissioner) 4.15 pm
2
BIOGRAPHIES OF SPEAKERS
SESSION ONE – LAW REFORM:
AN OVERVIEW
3
Her Excellency The Rt Hon Dame Patsy Reddy, GNZM, QSO
Dame Patsy graduated with an LLB and LLM (Hons)
from Victoria University of Wellington.
After a period as a law lecturer, she joined Watts and
Patterson (now Minter Ellison Rudd Watts), becoming
the first female partner in 1983, specialising in tax,
corporate and film law. In 1987 she joined Brierley
Investments Ltd as Group Legal Counsel.
Dame Patsy has had extensive experience in governance
and consulting roles, both in the private and public
sector. She has been a director of Air New Zealand, Sky
City Entertainment, Telecom Corporation, Southern
Petroleum and New Zealand Post. Her public sector
roles have included Chair of the New Zealand Film
Commission, Deputy Chair of the New Zealand
Transport Agency, Chair of Education Payroll Ltd and
independent director of Payments NZ Ltd. She was an
independent reviewer along with Sir Michael Cullen of
intelligence and security in New Zealand.
In 2014 she became a Dame Companion of the New
Zealand Order of Merit (DNZM) for services to the arts
and business. She was sworn-in as the 21st Governor-
General of New Zealand in September 2016.
4
The Hon Douglas White QC President of the Law Commission
The Hon Douglas White graduated LLM (First Class
Honours) at Victoria University of Wellington. He was
a litigation partner in predecessor firms to Kensington
Swan before moving to the independent bar in 1986 and
being appointed Queen's Counsel in 1988.
Douglas was appointed a Judge of the High Court in
2009 and to the Court of Appeal in 2012. He retired
from the Court of Appeal in 2015. In 2016 he was
appointed to the Law Commission, becoming the
President in May 2016.
5
Hon Amy Adams Minister of Justice and Minister responsible for the
Law Commission
Amy graduated with LLB (Hons) in 1992 from the
University of Canterbury. Before entering politics, she
was a partner with Mortlock McCormack Law in
Christchurch, specialising in commercial and property
law.
She was elected to Parliament in 2008, and was
Chairperson of both the Finance and Expenditure and
Electoral Legislation select committees.
In 2011, Amy joined Cabinet and has held the
portfolios of Internal Affairs, Communications and
Information Technology and Associate Minister for
Canterbury Earthquake Recovery. In 2014 she became
Minister of Justice, Minister for Courts, Minister of
Broadcasting, Minister for Communications and
Minister Responsible for the Law Commission.
6
The Hon Justice Dame Ellen France, DNZM Supreme Court
Dame Ellen France graduated LLB from the University
of Auckland in 1981 and LLM from Queen’s University
in Ontario Canada in 1983. She has worked in private
practice, the former Department of Justice and in the
Crown Law Office, where she was Deputy Solicitor-
General.
In 2002 she was appointed Judge of the High Court, and
to the Court of Appeal in 2006, serving as President
from 2014.
In 2016 she was appointed to the Supreme Court.
7
BIOGRAPHIES OF SPEAKERS
SESSION TWO – LAW REFORM:
ACCESSIBILITY
8
Ms Helen McQueen Commissioner, Law Commission
Helen has a BA and LLB (Hons) from Victoria
University of Wellington and an LLM from the
University of Chicago.
Helen McQueen practised law at Chapman Tripp from
1992 to 2016, becoming a partner in 1997. She
specialised in commercial litigation, with particular
interests in competition law, private international law,
procedural law and public law. She was a contributing
author for Brookers’ publications McGechan on
Procedure and District Court Rules and has also
published in the area of private international law.
Helen was appointed to the Law Commission in
February 2016 for a five year term.
9
Ms Fiona Leonard Chief Parliamentary Counsel
Fiona has a BA and LLB (Hons) from the University of
Canterbury and an LLM from the University of
Cambridge.
Fiona was appointed as a Parliamentary Counsel in
1998 after several years of experience as a litigation
solicitor in private practice and as a legal adviser at the
Ministry of Justice. She also practised as a barrister sole
for a number of years, providing legislative drafting
services and advice on the implementation of legislation
for various Pacific Islands countries and international
organisations, including the Commonwealth Secretariat
and the Pacific Islands Forum Secretariat.
In 1996 she returned to the Parliamentary Counsel
Office and was appointed Chief Parliamentary Counsel
in May 2016.
10
Ms Una Jagose QC Solicitor-General
Una Jagose holds an LLB from the University of Otago
and an LLM (First Class Honours) from Victoria
University of Wellington.
She has had an extensive career as a public sector
lawyer including as Deputy Solicitor-General, Crown
Law and Acting Director of the Government
Communications Security Bureau.
In 2016 she took up the role of Solicitor-General and
Chief Executive of the Crown Law Office.
11
Dr Arie Rosen Law Faculty, University of Auckland
Dr Arie Rosen is a lecturer in jurisprudence at the
University of Auckland, Faculty of Law, where he
focuses on questions of legal and political philosophy.
He holds a BA/LLB from Tel Aviv University and an
LLM and JSD from New York University.
His research combines abstract conceptual analysis with
applied theoretical work on legislation, legal reasoning
and statutory interpretation.
Arie currently has a particular interest in the philosophy
of private law and the role of political authority in the
development of private law rules.
12
Ms Fazleen Ismail General Manager Law Reform and Sections, New
Zealand Law Society
Fazleen has a Masters degree in Economics from the
London School of Economics.
Fazleen is the General Manager Law Reform and
Sections at the New Zealand Law Society. Prior to
joining the Law Society, Fazleen was a senior manager
at the Commerce Commission, heading up a team that
advised government on competition, consumer and
credit law reform, provided guidance to businesses and
consumers on compliance, and liaised with overseas
competition and consumer authorities.
Originally from the UK, Fazleen was a member of the
UK Government Economic Service, working in a
variety of roles, including as an Economic Adviser at
the Office of Fair Trading and the Department of Trade
and Industry.
13
Dr Bridgette Toy-Cronin Director Legal Issues Centre, Otago University
Bridgette graduated with an LLM from Harvard Law
School in 2005 where she was a Frank Knox Fellow. In
2015 she was awarded a PhD from the University of
Otago.
Bridgette has worked as an intern to the International
Criminal Tribunal for Rwanda, as a High Court Judges'
Clerk, and as a civil litigator in New Zealand and
Australia. She also spent a year in Cambodia working
for the Cambodian Defenders Project on Women's
Rights.
Bridgette is the Director of the Legal Issues Centre at
Otago University and her current research interests are
access to justice, the legal profession, and civil
procedure.
14
BIOGRAPHIES OF SPEAKERS
SESSION THREE – LAW REFORM:
TE AO MĀORI
15
Hon Dr Wayne Mapp Commissioner, Law Commission
Hon Dr Wayne Mapp graduated LLB (Hons) in 1976
from the University of Auckland, and LLM from the
University of Toronto in 1977. He did his PhD in
International Law at Cambridge University, graduating
in 1988.
He served as the MP for North Shore from 1996 to
2011. From 2008 to 2011 he was Minister of Defence
and Minister of Science and Technology.
From 1977 to 1982 Wayne was in private practice with
John Collinge, Solicitor and from 1984 to 1996 he
taught commercial law and international law at the
University of Auckland. He was appointed Associate
Professor in 1992.
Dr Mapp was appointed as a Law Commissioner in
2012 for a five year term.
16
The Hon Justice Joe Williams High Court
Justice Williams is of Ngāti Pūkenga, Waitaha and
Tapuika descent.
Justice Williams graduated LLB from Victoria
University of Wellington in 1986 and gained an LLM
(Hons) in 1988 from the University of British
Columbia.
He practised law at Kensington Swan, Auckland from
1988, becoming a partner in 1992. He was a partner in
the firm of Walters Williams from 1994 until 1999.
In 1999 he was appointed Chief Judge of the Māori
Land Court.
He was appointed a Judge of the High Court in 2008
and is based in Wellington.
17
Associate Professor Dr Claire Charters Faculty of Law, University of Auckland
Claire is from Ngāti Whakaue, Tūwharetoa, Ngāpuhi
and Tainui.
Claire graduated BA/LLB (Hons, First Class) from the
University of Otago and LLM from New York
University. She completed her PhD at Cambridge
University on Indigenous peoples’ norms under
international law.
Claire is Associate Professor in the Faculty of Law,
University of Auckland. Claire’s primary area of
research is in Indigenous peoples’ rights in international
and constitutional law, with a comparative focus.
Claire has combined her academic research and
teaching with advocacy for the rights of Indigenous
peoples at the domestic and international levels. From
2010-2013 Claire worked for the UN’s Office of the
High Commissioner for Human Rights in the
Indigenous Peoples and Minorities Section, focusing on
the Expert Mechanism on the Rights of Indigenous
Peoples.
In 2016 Claire was appointed by the President of the
United Nations General Assembly to advise him on
enhancing Indigenous peoples' participation in the
United Nations.
18
Professor Mark Hickford Dean of Law, Victoria University of Wellington
Professor Mark Hickford graduated with a BA and an
LLB (Hons) from the University of Auckland and
received his doctorate from the University of Oxford in
the United Kingdom.
Prior to becoming Pro Vice-Chancellor and Dean of
Law at Victoria University of Wellington, he was a
legal practitioner in both the private and state sectors.
Most recently he served in the Prime Minister’s
Advisory Group in the Department of the Prime
Minister and Cabinet from 2010 until 2015. Before that,
he was a Crown Counsel in the Crown Law Office
specialising in Crown-iwi relations law, Treaty of
Waitangi issues and natural resources.
Mark has an extensive research and publishing record,
having published on aboriginal title and customary
rights as well as issues related to the Treaty of Waitangi
and the history of New Zealand’s constitutional
settings.
His most recent book was published in the United
Kingdom and United States by Oxford University Press
in 2011 and was entitled Lords of the Land: Indigenous
Property Rights and the Jurisprudence of Empire.
19
Ms Natalie Coates Associate, Kahui Legal
Ngāti Awa, Ngāti Hine, Ngāti Tūwharetoa, Tuhourangi,
Tūhoe.
Natalie holds honours degrees in Law and Arts (Māori
Studies) from the University of Otago. In 2011 Natalie
received the Fulbright Ngā Pae o te Māramatanga
graduate award, the New Zealand Law Foundation
Ethel Benjamin Scholarship and a Ngārimu VC and
28th (Māori) Battalion Memorial Masters Scholarship
for her graduate studies at Harvard University, where
she graduated LLM in 2012.
She was then appointed as a Law Lecturer at the
University of Auckland for two years, teaching
undergraduate courses at all levels.
Natalie joined Kahui Legal in July 2014. At Kahui
Legal, Natalie provides advice to clients on public law,
commercial matters, the law relating to trusts, Māori
land law and Māori, human and indigenous rights.
Natalie has assisted on litigation matters ranging from
the Māori Land Court through to the Supreme Court.
20
Ms Mihiata Pirini Assistant Crown Counsel, Crown Law
Ngāti Tūwharetoa, Te Whakatōhea
Mihiata worked as a legal and policy adviser at the Law
Commission for four and a half years, working on a
wide range of projects including the review of the
criminal justice response to victims of sexual violence
and the review of New Zealand’s burial and cremation
legislation.
During that time she also helped teach legal research
and writing at Victoria University of Wellington and
acted as an adviser to the Seychelles Civil Code
Revision Committee.
In mid-2016 Mihiata moved from the Commission to
Crown Law, where she advises the Government on
Treaty-related issues.
21
BIOGRAPHIES OF SPEAKERS
SESSION FOUR – LAW REFORM:
REALLY LOOKING AHEAD
22
Lisa Yarwood Senior Legal & Policy Adviser, Law Commission
Lisa graduated LLB (Hons, First Class)/BA from
University of Canterbury and PhD from Exeter
University in 2010 in public international law. She
worked as a lecturer at the University of Exeter (UK)
and at the Chinese University of Hong Kong (Hong
Kong).
She has previously worked as an intern at the
International Criminal Tribunal for Rwanda in Tanzania
in 2006 and completed placements in Panama and Costa
Rica for Australia Volunteers International.
Lisa joined the Law Commission at the start of 2015
and is currently the lead adviser on the review of the
Property (Relationships) Act 1976.
23
Ms Kate Salmond Senior Legal & Policy Adviser, Law Commission
Kate graduated LLB (Hons)/BA from the University of
Otago in 2003. She spent six years working as an
Assistant Crown Counsel and then as an Associate
Crown Counsel in the Criminal Team at Crown Law.
This included a secondment to the Ministry of Justice
where she was involved in the review of New Zealand’s
Prosecution Service.
Kate has also worked as an Intermediate Trial
Prosecutor at Luke Cunningham and Clere and as a
Legal Officer in the Office of the Co-Investigating
Judges in the Extraordinary Chambers of the Courts of
Cambodia.
She joined the Commission in early 2014, where she
has been working mainly on projects related to the
criminal justice system. Kate is currently the lead
adviser on the review of the Criminal Investigations
(Bodily Samples) Act 1995.
24
Mr Paul Comrie-Thomson Legal & Policy Adviser, Law Commission
Paul graduated with a BA in 2013 and LLB (Hons, First
Class) in 2016, both from Victoria University of
Wellington. He joined the Law Commission in 2013 as
a law clerk, and became a Legal and Policy Adviser in
2014.
Paul is currently the lead adviser on the review of
declaratory judgments. He is also a member of the
Victoria University of Wellington Law Review
Editorial Committee and Arbitrator Intelligence.
Paul has a particular interest in private international law
and international arbitration.
25
Mr Pita Roycroft Law Student
Pita has just completed his fourth year of his conjoint
LLB (Hons)/BA at Victoria University of Wellington,
majoring in political science and public policy.
Pita has worked in a variety of government jobs during
his university study, including as a clerk at the Law
Commission in 2015, a Radio Communications
Operator at the Ministry for Primary Industries, and as
an Issues Assistant to a Member of Parliament. His
academic interests include the history, development and
functions of the Speaker of the House, emerging issues
in tort and public law, and the constitutional
responsibilities of final appellate courts.
Pita intends to complete his degree in 2018 and take up
employment at Russell McVeagh through his
scholarship with the firm.
26
Ms Eve Bain Law Student
Eve Bain has just completed her LLB (Hons) degree at
Victoria University of Wellington and was a clerk at
the Law Commission throughout this year.
Prior to this Eve worked part-time for a Member of
Parliament for three years. Eve has a particular interest
in international law, and during her studies has
completed research into the scrutiny function of select
committees and, more recently,into procedural fairness
in investment arbitration.
Eve has represented New Zealand and her university at
a number of international conferences and legal skills
competitions, notably client-interviewing and mooting
competitions.
27
Concluding Remarks
Donna Buckingham Commissioner, Law Commission
Donna Buckingham is an Associate Professor of Law at
the University of Otago (currently on leave). She is the
founder of the New Zealand Legal Information Institute
(NZLII), the largest New Zealand publisher of free
online legal information.
Donna is a Barrister, a former President of the New
Zealand Law Society, Otago Branch and the former
Chair of the Women’s Consultative Group of the
Society. She is also the former President of the
AkoAotearoa Academy of Tertiary Teaching
Excellence.
Donna has published on issues of evidence, the
interpretation of legislation, legal governance and
discipline, legal publishing and access to law and legal
education.
28
NOTES:
29
Law Commission’s 30th Anniversary Symposium The Law Reform Community in the 21st Century Tick Session One – Law reform: an overview Session Two – Law reform: accessibility Sessoin Three – Law reform: Te Ao Māori Session Four – Law reform: really looking forward Programme attached
I, ............................................state that I attended the above session/s
at the Law Commission’s 30th Anniversary Symposium held on Thursday
3 November 2016, 8.30 am – 4.30 pm.
........................................................
Signature of attendee
30