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Council BriefThe monthly newspaper of the Wellington Branch New Zealand Law Society
Wellington Council Brief [email protected]
Reynolds AdvertisingISSN 2382-2333Issue 444 March 2015
W ellington has experienced a number of sharpearthquakes in the past couple of years. These
resulted in disruption to businesses, many buildings beingdamaged, and episodes of confusion for employees notknowing whether their buildings were safe, or whether theyshould be coming to work.
After the first significant quake in 2013, a Facebook pagesprang up which rapidly became a very useful ‘noticeboard’for Wellington people. The page was updated hourly, andmoderated (meaning a duty supervisor checked what wasbeing posted for accuracy and appropriate content). The pageprovided information and there were useful links. This pageenabled Facebook users to access and post informationabout affected transport and other services, civil defenceadvice (e.g. whether to come into the central city), whichstreets and buildings were affected, and which workplaceswere closed. Business owners and HR managers soon beganposting information for their staff and for customers abouttheir status and who to contact for further information.
This example demonstrated the power and usefulness ofsocial media as a way to very quickly reach a lot of people in anemergency.
❑ Emergency Planning
Are you ready?Wellington is a risky place to live. Our location in an active
tectonic zone exposes us to damaging earthquakes andtsunami; the position of our long and narrow islands far from majorland mass means we can be subject to major storms from north andsouth.
Disastrous earthquakes and storms have happened in the pastand will happen again.
The Wellington Branch Council encourages members to preparefor these events so that recovery is both possible and timely.
To this end the Council has set up a web page with informationabout planning for and dealing with disasters. The web page is host-ed by the New Zealand Law Society and can be found here:
http://my.lawsociety.org.nz/branches/wellington/emergency-preparedness
You will find advice on managing your employees, dealing withdamage to your premises and safeguarding your files following anemergency.
A useful booklet – It’s easy: get prepared for an emergency – Busi-ness Edition has been sent to you with this issue of Council Brief. Avery big thank you to the Wellington Region Emergency Manage-ment Office (WREMO) for providing this.
A big thank you also to Dyhrberg Drayton Employment Law forinformation about employment issues to consider before and whena disaster strikes.
The new web page contains a list of contacts you may need whenan emergency is upon us. The web page is a work in progress – wewelcome contributions, particularly regarding areas not yet cov-ered.
The Wellington Branch Council is planning more work andactivities later in the year on the theme of emergency preparedness.Watch this space!
Also remember to prepare for an emergency at home too – see
http://www.getprepared.org.nz/households
The office of barrister Duncan Currie after theChristchurch earthquake of 22 February 2011.
Use of social mediainvaluable in emergencies
By Steph Dyhrberg
Learning from experience
Have you:✔ Planned how to leave the building in an
emergency
✔ Planned how you will communicate withyour staff on the day and then later aboutchanges to their work place/time
✔ Planned how you will communicate withclients if you cannot access yourpremises
✔ Considered options for getting access toyour files and key documents if youcannot access your premises
✔ Considered possible alternative premisesin the short to medium term
✔ Planned how you will deal with court orother deadlines, your trust account,completing transactions etc
Jonathan Orpin was one of adozen barristers at Stout Street
Chambers whose professional lifewas rudely interrupted by the 6.5magnitude earthquake of 21 July2013.
The most severe Wellington’quake since 1942 caused signifi-cant damage to the Old PublicTrust building, which housed thechambers, and caused its evacua-tion.
“Fortunately our computer en-gineer removed our server withinhours and we were able to get inthe morning after to retrieve ourfiles,” Jonathan says. “After as-sessment by engineers, we werealso able to get our furniture out.”
The barristers needed to gettogether the following day to lookat options and Kensington Swankindly offered its boardroom. Itsoon transpired that KensingtonSwan had spare office space avail-
able in SAS building on The Ter-race and Stout Street Chambersset up there a couple of days later.They were also able to use meet-ing room space at Capital Cham-bers, in the same building.
“We are extremely grateful toKensington Swan and CapitalChambers for their help,” he says.
They remained there for al-most a year, until moving to thenewly earthquake strengthenedHuddart Parker building in lateJune 2014. “One decision wemade was that we would in futurework only in a building that was100 percent or more of the code.”
Lessons learned included theimportance of locating computerservers in separate premises, andthe need to urgently check build-ing security after earthquakes aselectronic entry systems are likelyto be compromised. Stout StreetChambers has also upgraded its
phone system to an ‘IP system’, sothat its phones are routed throughthe internet. This means theirphones can be plugged into thenearest LAN port in any office oreven in another country, thusavoiding local telephone networksin the event of disaster.
“It could have been very disrup-tive had we been unable to retrieveour files or our server. We werevery lucky.”
From the
President
THE recent commemoration ofthe fourth anniversary of theCanterbury earthquakes is apowerful reminder of the potentialfor disaster, and the need forpreparedness. It’s timely, therefore,that this month’s Council Brieftheme is Emergency Planning.
Along with the March Council Briefedition, you should have receivedan insert from the WellingtonRegion Emergency ManagementOffice to help businesses preparefor emergencies.
I’d also encourage you to visit anew web page set up by the Welling-ton Branch Council (see above)dealing with matters of emergencymanagement. The URL for this webpage can also be found above.
It’s a work in progress – pleasefeel free to contribute information
that may be able to assist others.Emergency events have ongoingand often unexpected consequenc-es for businesses, and not just relat-ing to staff and premises. For lawpractices, post-disaster case-fileand information management canbe a significant concern.
My grateful thanks to CathyRodgers, Vice President, who hasled this initiative, assisted by JuliusMaskell, Chris O’Connor, and StephDyhrberg; and Miranda Kaye andthe rest of the NZLS team for their
work adding information to the LawSociety’s website. Steph and Dyhr-berg Drayton Employment Lawprovided the extremely helpful in-formation on the webpage on em-ployment issues.
Solicitors’ Benevolent Fundraiser
In late February we enjoyed anevening of fabulous food and wine,with the wit and flair of Jean Christo-phe of Maison Vauron, all to raisemoney for a great cause: the Solici-tors’ Benevolent Fund. Some photos
from this event are on page 4 in thisCouncil Brief .
Benevolent Fund trustee WayneChapman spoke about the fund,which has been running since 1941.It assists practitioners of the Wel-lington Branch NZ Law Society andtheir families who are suffering sig-nificant hardship. I acknowledgeWayne, and the other trustees, Rich-ard Fowler QC and Lance Pratley forthe significant work they do for ourprofession.
Continued on page 3
Emergencies will come – get prepared now
Firms should have a plan and secure list of contact details (offsite) forcontacting and communicating with employees, clients and other firms oragencies in case of an emergency. Social media could be used (perhapsthe firm’s Facebook page or Twitter), or have one or more designatedpeople phone or text staff. Some larger firms could have contact ‘trees’so designated people contact groups of employees to keep them informed.
Photos: Courtesy Canterbury Tales
Tour de France 4Melton Prosser 5Last Resort golf 8
INSIDE:
COUNCIL BRIEF, MARCH 20152 Branch News
MADESIGNm
Answers for puzzles from page 7
1 DreaD, AlphA, BlurB, EeriE, CyniC
2 1…Qxf2+ 2 RxQf2+ (if 2 Kh1 then2…QxRf1#) 2…Re1+ 3 Rf1RxRf1+ 4 KxRf1 Re1#
[Errata for last issue’s chessproblem: it is black’s turn to move(not white’s), so transform theanswer by half a turn as follows:1ÖRh1+ 2 KxRh1 Qh6+ 3 Kg1 Qh2#]
Wellington Branch Diary March-AprilTuesday 17 MarchFamily Law Committee
Wednesday 18 MarchWellington Branch Council meetingTrust Account Administrators, Terrace Conference Centre. NZLS CLE TrainingProgramme 4 CPD HoursTrusts for Commercial and Company Lawyers, Royal Society of NZ.NZLS CLE Seminar. 1-5pm. 3.5 CPD Hours (Webinar 9.30-11.30am 2 CPD Hrs)
Monday 23 MarchTime Mastery for Lawyers, NZICA. NZLS CLE Workshop 6 CPD Hours
Tuesday 24 MarchAdvocacy Ethics: disqualifying conflicts, NZLS CLE Webinar. 11am-noon. 1 CPD Hr
Wednesday 25 MarchLegal Assistance CommitteeBusiness Insolvency, NZICA. NZLS CLE Seminar. 1-5pm. 3.5 CPD Hours(Webinar 9.30-11.30am 2 CPD Hrs)
Thursday 26 MarchImmigration Law CommitteeMarlborough Branch Council AGM
Friday 27 MarchAdmissions CeremonyWomen in Law Committee
Monday 30 MarchWills, Estates & Trusts Law Committee
Wednesday 15 AprilWellington Branch Council meeting
Tuesday 21 AprilConstruction Law, NZLS CLE Webinar. 1 CPD Hour
Wed-Thurs-Fri 22-24 AprilLawyer for the Child, NZLS CLE Workshop. 18.5 CPD Hours
Thursday 23 AprilProspering as a Small to Mid-Size Firm in NZ, NZLS CLE Workshop 3.5 CPD HrsInfluential Presentations, NZLS CLE Workshop 3.5 CPD Hours
Crossword SolutionsFrom page 7
Across: 1 Logs; 3 Saw-bills; 9 Frisked; 10 Cubit; 11Overthrowing; 13 Extent; 15 Joiner; 17 Heart-disease; 20 Baton; 21 Transit; 22 Dressers; 23 Stay.
Down: 1 Left-over; 2 Guide; 4 Adders; 5Backwoodsman; 6 Lebanon; 7 Site; 8 Skating-rinks;12 Priestly; 14 Trestle; 16 Editor; 18 Asset; 19 Abed.
Cryptic Solutions
Quick SolutionsAcross: 1 Pert; 3 Preserve; 9 Erasers; 10 Trite; 11Schoolmaster; 13 Raffle; 15 Falter; 17 Discourteous;20 Ennui; 21 Verbose; 22 Ordinary; 23 Grit.
Down: 1 Pleasure; 2 Reach; 4 Resume; 5Satisfactory; 6 Raiment; 7 Ewer; 8 Recollection; 12Prospect; 14 Feigned; 16 Quiver; 18 Odour; 19 Zero.
A new book on the FinancialMarkets Conduct Regulationaimed at lawyers was launchedrecently at Buddle Findlay.
Financial Markets ConductRegulation: A Practitioner’sGuide is written by Victoria Stace,Thomas Gibbons, Chris Holland,Trish Keeper and NathanaelStarrenburg and published byLexisNexis.
The book provides guidanceon the legislative scheme imple-mented by the Financial MarketsConduct Act 2013, the biggestchange in New Zealand financialmarkets law in the last 20 years. Itis designed to provide practition-ers with single volume overviewof the topic.
The subjects covered includederivatives and disclosure, gov-ernance, insider trading andmarket manipulation, takeoverregulation, accounts, financialreporting and audit, anti-moneylaundering and Countering
New financial markets publicationFinancing of Terrorism Act 2009,and superannuation andKiwisaver schemes.
The book is available throughLexisNexis
At the recent launch of Financial Markets Conduct Regulation: A Practitioner’s Guidepublished by LexisNexis were, left to right, Nikhil Ullal (assistant to author ThomasGibbons), Victoria Stace, Trish Keeper, Chris Holland and Nathanael Starrenburg.
THE Independent Practitioners’ Committeerecent seminar on drug testing in the workplacelooked at the technicalities and methods oftesting, and considered relevant legal aspects.
Dr Wayne Severn, operations manager at Scent-tech Drug Detector Services, spoke about therange of illicit drugs available in New Zealand, andmethods of detection that can be used in the work-place. He said dog detection provides cost-effec-tive, rapid and accurate workplace testing and isalso a “visible deterrent”. Among other matters, hediscussed urine testing, synthetic cannabis andthe necessity for a productive business to have adrug-free workplace policy.
IPC seminar on drug testing in the workplace: Dr Wayne Severn from Scenttech,Chris O’Connor for the IPC committee, and Johanna Drayton and Mo Al Abaidi of
Dyhrberg Drayton Employment Law.
Indie, Dr Wayne Severn’s drug detectordog, was sadly unable to attend the
seminar because of a strained back. DrSevern calls his German Shepherd, his
‘marketing manager’.
Drug testing in the workplaceMo Al Abaidi and Johanna Drayton of Dyhrberg
Drayton Employment Law spoke of the need forfirms to have a drug and alcohol policy; that policyshould have regard to basic human rights, healthand safety risks and privacy considerations amongother concerns.
Other matters discussed included the need tohave a sound business case for drug testing in theworkplace, for instance where impairment be-cause of drugs and alcohol may cause physical risk,such as in the foresty industry. They commentedthat employees with drug or alcohol addiction willbe considered disabled and the offer of rehabilita-tion may well be expected.
“MY bookshelves are lined with law reports, which allow me to lookup a case quickly, instead of fiddling around on the Internet”.Sunday Times Magazine, ‘A Day in the Life of Baroness Hale ofRichmond’ (70), Britain’s most senior female judge. See:www.thesundaytimes.co.uk/sto/Magazine/article1516033.ece
The NZLS Library has been creating and curating a rich, deep andbroad resource of legal knowledge for lawyers for more than a centu-ry. We have large heritage collections of pre-1900 material as well asvery good collections of law reports for those who wish to followBaroness Hale’s example. We also have large digital collections foronline research in the libraries and for those who prefer digital tohard copy.
NewsOver the next few months Branch Library users will see their
Library computers upgraded. This will give you a much better andfaster connection to Westlaw NZ as well as possibilities to save andemail material to yourself. All three database suppliers now allowyou to do this.
New BooksAssociations and clubs law : in Australia and New Zealand, Sydney :Federation Press 3rd ed 2010 KN169.4.K3 SIE
Charlesworth & Percy on negligence, London : Sweet & Maxwell13th ed 2014 KN33.3.A1 CHA
Jervis on the office and duties of coroners : with forms and precedents,London : Sweet & Maxwell 13th ed 2014 KL254.A1 JER
Mann’s annotated Insurance Contracts Act, Pyrmont NSW: LawbookCo 6th ed 2014 KN290.3.K1.Z14 MAN
McGregor on damages, London : Sweet & Maxwell 19th ed 2014KN37.1.A1 MCG (Closed Reserve)
Snell’s equity, London : Sweet & Maxwell 33rd ed 2015 KN200.A1 SNE
By Robin Anderson Wellington Branch Librarian
Library News
Digital or hard copy? Take your pick…
Deadline April Council Brief
Monday 13 April
JUSTICE Winkelmann, Chief High Court Judge and Justice Asher, Chair ofthe Rules Committee have written a report on the effectiveness of the2011 and 2012 discovery and case management reforms. Their report canbe found at http://www.courtsofnz.govt.nz/front-page/about/system/rules_committee/new’.
Effectiveness of 2011 and 2012 discoveryand case management reforms
April 9-10 2015 – Commonwealth LegalEducation Association Conference (CLEA),Glasgow. www.clea-web.comApril 12-16 2015 – 19th Commonwealth LawConfererence, Glasgow. www.clc2015.co.ukApril 28-29 2015 – NZ Building and ConstructionLaw, Auckland. www.conferenz.co.nzApril 30 2015 – The Maritime Law Associationof Australia and NZ Conference, Taupo.www.mlaanz.orgMay 8 2015 – IT & Online Law Conference,Wellington. www.lawyerseducation.co.nzMay 14-15 2015 – 13th Annual Immig-ration Law Conference, Auckland.www.cchlearning.co.nzMay 21-22 2015 – CLANZ Conference, MahiTahi: Working Together, Bay of Islands.www.clanzconference.org.nzJune 10-11 2015 – Mastering Due Diligence,Auckland. www.conferenz.co.nzJune 17-18 2015 – Financial Markets Law,Auckland. www.conferenz.co.nzJune 25-26 2015 – Trusts Conference,Wellington. www.lawyerseducation.co.nz
June 25-28 2015 – Australasian Association ofBioethics and Health Law Conference,Wellington. www.events4you.co.nzJuly 13-14 2015 – Youth Advocates and LayAdvocates Conference, Auckland.www.lawyerseducation.co.nzJuly 23 2015 – AMINZ Conference 2015,Wellington. www.aminz.org.nzJuly 23-24 2015 – Competition Matters 2015;Competition & Regulation Conference,Te Papa. Commerce Commission.www.comcom.govt.nzAugust 17-18 2015 – Legal ExecutivesConference, InterContinental Hotel,Wellington. www.nzile.org.nzSeptember 3-4 2015 – Aotearoa Conferenceon Therapeutic Jurisrudence, University ofAuckland. http://tjaotearoa.org.nzSeptember 3-5 2015 – Banking & FinancialServices Law Association (BFSLA) Conference,Brisbane. http://bfsla.orgSeptember 6-9 2015 – Succession Law, MonashUniversity Campus, Prato (20 mins fromFlorence), Italy. European Legal Conferences.www.europeanlegalconferences.com.au
Conferences
Council Brief Advertising
COUNCIL BRIEF, MARCH 2015 3News
The event would not have beenpossible without the superb organi-sation by Council member JuliaWhite, and the support of BuddleFindlay, including its team of Haria-ta Goldsmith, Christophe, and Jas-on Hawkins their chef. It was awonderfully convivial evening, withamazing views over Wellington.
Law Society National LawReform Members
Wellington Branch Councilmembers met with the NZ Law Soci-ety’s National Law Reform Welling-ton members at the conclusion ofour February Council meeting. Thiswas an opportunity to acknowledgethe work of the NZLS Committees
MANY young lawyers get littleopportunity to appear in Court,let alone appear as lead counsel.However, in my first year as afully qualified solicitor, I hadthe pleasure and honour ofappearing as lead counsel infront of two Supreme CourtJudges. I feel extremely lucky tohave engaged in legal banterwith two of the country’s mostesteemed legal minds, and wouldhave never imagined that I wouldhave the opportunity, or theconfidence, to do so at such anearly stage of my career.
Walk into any New Zealandcourtroom on any given day, andmore likely than not lead counselon either side will be a seniorpractitioner, at least 40 years old,with a young lawyer sitting be-side them taking notes andsearching through the case bun-dle. It is also more likely thannot, that the lead counsel oneither side will be male.
So how did I have the opportu-nity to appear as lead counsel asa young female lawyer in my firstyear of practice? I will admit thatI did not appear as counsel for areal client, or in a real case. Thisopportunity presented itselfthrough the Young Lawyers’Committee annual mootingcompetition, an initiative gener-ously sponsored by the LawFoundation. This competition isopen to young lawyers with lessthan five years PQE and providesa unique opportunity for them todevelop their litigation skills in asupportive environment. Theysay that “practice makes per-fect”, and this competition pro-vides a distinct opportunity foryoung lawyers to develop theirlitigation skills and work towardsperfection.
My colleague, Anna Whaley,and I were the first female teamto make it through to the finalmoot. We were outnumberedfrom the start, with our competi-tion comprising of mostly young
By Jennifer HowesWomen in Law Committee
male lawyers, or teams consist-ing of a male lead counsel andfemale junior counsel. We sur-vived the preliminary round,made it through to the semi-finals, and scraped into the finalmoot. At each stage, we contin-ued to ask ourselves “Why did wedo this again?” as the experiencewas overwhelming, frighteningand stressful. However, eachtime we stood up in our blackrobes and addressed the court,that overwhelming and stressedfeeling began to disappear as wefelt more at home in the court-room. In the finals, we had theincredible opportunity to appearin front of and make oral submis-sions to the Hon Justice DameSusan Glazebrook and the HonJustice Sir William Young, both ofthe Supreme Court.
While we were ultimately un-successful and lost to two young(male) lawyers, it was a valuableexperience. Within 15 seconds ofmy oral submissions, the entirepremise of our case was chal-lenged by Hon Justice Sir WilliamYoung. In that moment I learnedthat knowing your case is every-thing, as I spent the majority ofmy allocated 20 minutes answer-ing questions and testing theo-ries, rather than reading from mywritten submissions in front of
me. Anna and I learned to focuson key issues and concede pointswhen they are weak. We werefortunate to gain valuable insightand have tremendous supportfrom Rachael Dewar, our mentorthrough the finals.
While many young lawyersmay not be interested in litiga-tion or consider that this compe-tition will translate into real workbenefits, the mooting competi-tion is a great opportunity foryoung lawyers to practise theirlitigation skills, learn from expe-rience and increase their confi-dence in public speaking. It is agreat opportunity for youngwomen lawyers in particular topractise these skills, as manyyoung women lawyers I know donot get the opportunity to appearin court, or do not feel that theyhave the confidence or ability todo so.
This year’s mooting competi-tion will take place in April-Maywith registrations opening soon.Additionally, for women practi-tioners of all levels, the Welling-ton Women in Law Committeewill be running advocacy work-shops later this year. Theseworkshops will provide womenwith practical experience in asupportive environment, and Ilook forward to attending them.
Mooting competition opportunityfor young women lawyers
and for members to get togetherand catch up on what is being doneat national and branch levels. Wediscussed the work of the variouscommittees, their timeframes andprocesses in an informative, inter-esting and very valuable meeting.
Preserving our oral history
We have received great feedbackfrom members on our FebruaryCouncil Brief, particularly the in-depth article on long-standingmember Bill Sheat.
Bill has made an immense con-tribution to the profession and tothe community, especially in thecultural sector. Interviews with Bill,and in this issue, Melton Prosser,
are part of another WellingtonBranch initiative led by Rachael De-war and Cathy Rodgers on Preserv-ing our History.
In the past, the former Welling-ton District Law Society used tocommission oral histories of seniormembers of our profession, usuallyone a year. We have explored cost-effective ways to continue to docu-ment our history, and havecommenced including interviews inCouncil Brief by our editor ChrisRyan. Rachael Dewar is on the look-out for members of our professionto interview – suggestions for inter-viewees are very welcome; pleasecontact Rachael Dewar or ChrisRyan.
From front page
President’s Column
In 2014 Jennifer Howes, second from right, and Anna Whaley, far left, were the firstfemale team to make it through to the final moot of the Young Lawyers’ Committee
annual mooting competition. Also pictured are Hon Justice Dame Susan Glazebrook andHon Justice Sir William Young, and the winning team of Andrew Pullar and Andy Luck.
Registrations for the 2015 competition open soon.
A review of the changes to discovery and case management ruleswhich came into effect in 2012 and 2013 suggests increasing co-operation between counsel and a reduction in the number of casemanagement events in the court (churn) have occurred. These arepleasing results. A summary of the findings can be found on the RulesCommittee page on the Courts of NZ website at http://w w w . c o u r t s o f n z . g o v t . n z / f r o n t - p a g e / a b o u t / s y s t e m /rules_committee/new
WorkloadIn addition to the court’s usual workload in crime, last year there
were several very lengthy criminal trials including the 20 week longSouth Canterbury Finance fraud trial and two drugs trials in Auck-land of 12 and 18 weeks respectively.
Last year the criminal jurisdiction, category 4 (murder/man-slaughter) criminal cases were able to be given a trial date generallywithin 12 months of first appearance. Protocol cases which havebeen directed to be heard in the High Court do not have such promptdates due in part at least to teething problems with the process.
In the civil jurisdiction, the GFC-initiated bubble in new filings hasreceded and time to trial continues to trend downward. Other chang-es likely to have had an effect on timeliness are the changes to casemanagement rules and setting down practices.
In the criminal jurisdiction, despite a drop in the number of crim-inal cases on hand, the estimated days to hear those cases has re-mained reasonably steady for the last four years as shown below (therecent rise is due to a number of particularly long trials scheduled forWellington this year).
ReformThe Judicature Modernisation Bill had its second reading on 18
February.The Rules Committee is to consult with the profession on a set of
rules for access to court records. These rules are designed to be easierto follow and to provide a clearer framework as to how such applica-tions will be decided. The revision also combine rules for access toboth civil and criminal records.
The Court of Trial Protocol (which lists the classes of offence forwhich a High Court decision is required as to the court in which thedefendant will be tried) has been reviewed and replaced with a newversion that applies to offences committed on or after 1 February2015. Offences from the Financial Markets Conduct Act 2013 havebeen included along with clarifications to the criteria for sexual viola-tion of a complainant under 16 and aggravated robbery. From nowon there will be an annual review of the Protocol to take into accountany new legislation.
Admission ceremoniesThe Court has clarified its approach to admission ceremonies in
smaller provincial centres. The Court recognises the desirability ofadmitting candidates to the Bar in their local community. Howeveradmission ceremonies, like all business of the Court, depend on theavailability of a judge. The practice in larger centres is to programmetime for admission ceremonies but it is difficult to anticipate whetherand when any applications might be heard in smaller centres.
Where a candidate wishes to be admitted in a small registry, theadmission ceremony will be arranged when a judge is scheduled tosit there as part of normal circuit duties. Candidates should be awarehowever that if other proceedings set down for hearing on that day inthat location do not proceed, the ceremony may be rescheduled to alater date and that this may occur at short notice. We will make everyeffort to ensure this does not occur.
Contact with the professionLast year, I met with practitioners in Tauranga, Hamilton and
Dunedin. This year I hope to visit other provincial centres. Regularmeetings with representatives of the profession in Auckland, Wel-lington and Christchurch will continue.
Judicial mattersThree judges have retired in recent months: Justice Panckhurst,
Associate Judge Abbott and Justice Ronald Young. Justice Goddardwill retire from 7 April to chair the British Independent Panel Inquiryinto Child Abuse. Justice Muir was sworn in in November and JusticeHinton in January. Both judges are based in Auckland. Justice Na-tion, who will sit in Christchurch, was sworn in on 20 February. Twojudges have changed common rooms. Justice Brown is now based inWellington and Justice Whata is based in Auckland.
An update to the legalprofession from the Chief
High Court Judge
Council Brief Advertising
COUNCIL BRIEF, MARCH 20154 Tour de France
Jean-Christophe Poizat has been part of the world of Frenchgastronomy and wine for many years as was his family before him.He now runs Maison Vauron in Newmarket, Auckland, and importsand distributes a range of wine and other French products.
In his unique mode of expression, Jean-Christophe describes NewZealand wines as ‘fruit bombs’, ‘cuddly teddy bears’, easy accesswines that ‘jump into your lap’. In contrast, French wines play hardto get – you have to work harder to get to the essence of French wines.
Jean-Christophe Poizat of Maison Vauson was a witty and charming host –with Lisa Bazalo and Julia White.
Chrisine Grice, Lisa Bazalo and David Moriss.
Michael Burrowes and Steph Dyhrberg.
Wayne Chapman, Cathy Rodgers and Paul Rayner.
Well done to everyone involved in the ‘Tour de France’ fundraiser.It was a brilliant event – well worth the ticket price. The food andwines were excellent, and Jean Christophe was charming,informative and hilarious. The comparison of New Zealand winesto a cuddly teddy bear will forever stay in my mind.I think it was far better than other degustation menus with fancywines and dishy sommeliers to talk you through it, which were$200 a head. Our office is saying let’s make it an annual event: oncepeople hear how fantastic it was, they will come along in droves.Steph Dyhrberg
Last night was wonderful.The wine and food was totally superb, and everyone thoroughlyenjoyed it.Nerissa Barber
Just wanted to say it was a really great evening at the Tour deFrance. I think everyone there really enjoyed it. We sampled sevenwines, each from a different region of France, and received a veryinteresting commentary on each wine and the region it came fromas that wine arrived. Each wine was accompanied by one or moreplatters for each table. The food was outstanding. It was distinctlyFrench (and included some great cheeses), was carefully chosen toaccompany the wine, and was beautifully prepared and presented.I hope there will be another ‘Tour de France’ next year. It was veryspecial and I would certainly go again.Mary Jeffcoat
Some comments on ‘Tour de France’
Wayne Chapman, looking suitably Parisian, thankedthose involved in organising and supporting ‘Tour de
France’ – Julia White, Nerissa Barber and theCouncil and Catherine Harris, and explained that
the Solicitors’ Benevolent Fund would benefit fromthe evening. Wayne is a trustee of the Fund and
pointed out the need for more donations. See belowright for ways you can donate to this worthy cause.
Tour de France for theBenevolent Fund
THE Criminal Rules Sub Committee was formed toassist the Rules Committee following the enactmentof the Criminal Procedure Act 2011. The currentmembership is:
Hon Justice Winkelmann (Chief High Court Judge)Hon Justice Simon France (Chair)His Honour Judge B DavidsonMr D Jones QCMs Charlotte BrookMr Mark HarborrowMs Lynn HughesMs Megan Anderson (Ministry of Justice)The primary focus now is to monitor how the
Criminal Procedure Rules 2011 are working. If thereare aspects of the Rules that you consider could beimproved – either in their content or implementation– please raise it with a Committee member, or one ofthe professional bodies.
One change that is being considered concerns thefiling of formal statements. The present requirementis that they be filed 25 working days before the trialcall over (r 5.5(1)). This timeframe seems to be thesubject of routine extension. It is undesirable in
Hon Justice Wild and Julia White.
Jean-Christophe Poizat – ‘teddy bear wines’ thatjump into your lap.
Mary jeffcoat, Nerissa Barber and Nigel Hughes.
Mary Ollivier and Greg Kelly.
MarieChapmanandRichardFowler QC
principle to have a situation such as that, and ofcourse it means that on each occasion there needs tobe an application. A proposal to alter the date to 15working days, thereby aligning it with the Crownmemorandum, is presently being consulted on. Re-plies to date are supportive of the change.
An example of monitoring implementation is thecase management memorandum (CMM). Acting onfeedback, and following consultation, members ofthe Committee, together with the Ministry, have de-veloped a new version. It is currently being tested inChristchurch. The early response is positive, and it ishoped that a wider implementation will soon occur.
The Committee is also reviewing existing PracticeNotes. The aim is to convert as many as possible toRules, so as to reduce the number of rule sources towhich practitioners must go. Many Practice Notesare in fact obsolete and will be discontinued. It ishoped in the near future to incorporate the Sentenc-ing Practice Note into the Rules, after which decisionswill be made on the remainder.Simon France High Court, Wellington (Chair, Criminal
Practice Rules Sub Committee
Update on Criminal Rules Sub-Committee
Donations to the Solicitors Benevolent Fund can be made through:
• “Give a Little” http://www.givealittle.co.nz/org/Solicitors, which will beautomatically receipted, or
• by Direct debit: Bank of New Zealand: 02-0506-0101108-097
All donations go directly to the capital reserve. The Solicitors’ BenevolentFund Trust is registered as a charitable trust (number CC48709) and has taxdeductible status.
If a receipt is required when making a direct debit, please [email protected] with your name, the amount deposited and acontact number to ensure a receipt is issued and sent to the correct place.
The Solicitors’ BenevolentFund – ways to donate
COUNCIL BRIEF, MARCH 2015 5Our History
Melton Prosser is oneof those dedicatedlawyers who just
seem to keep on keeping on, stillserving clients who have oftenbeen with him for decades.
Melton, now “eighty three anda half”, was admitted as a barris-ter and solicitor on 9 May 1958.His work in the law began severalyears earlier in 1949 when hejoined the firm of E.A.R. Jonesand Vickerman as a law clerkstraight out of college.
Melton spent the next nineyears working hard, learning thebasics of conveyancing, compa-ny law, taxation and estate plan-ning, much of the time under theeye of Brian Vickerman, a part-ner in the firm who was alwayshelpful and accommodatingMelton says.
As was the practice of thetime, Melton regularly climbedthe hill to the Victoria Universitycampus studying law part-time.When he finished his degree in1958 he was made a partner inthe firm.
In the meantime, he had beengiven the responsibility of open-ing a branch office in 1952 inWainuiomata, which at the timewas beginning a period of rapiddevelopment as an area of af-fordable housing to accommo-date some of the many youngfamilies resulting from the post-war baby boom. Melton droveover the hill to the new suburbonce a week and brought backdozens of files, a practice he wasto continue for 30 years or more.
‘Nappy Valley’
“It was a huge development atthe time. Most of the propertieswere bought through low rateState Advances Corporationloans, the government’s capital-ized family benefit scheme anddeferred payment licences forsections. I probably did at leasteighty percent of the subdivisionwork over there. Back in townsome of my lawyer friends were abit snooty about me working in‘Nappy Valley’ but they didn’t re-alize that I was bursting withwork as well as acting for Wainu-iomata’s three millionaires –they had no idea. I was so busy – Iregularly took 80 or 90 phonecalls per day from clients build-ing or buying over there.
“Of course, everything wasdifferent – the property contractwas just one page, we had nobuilders’ reports, no councilconsents. LIM reports had notyet been invented! But you know,there were no problems withleaky homes either. I had a greattime over there. I wouldn’t havemissed it for anything – the expe-rience was invaluable.”
Melton left Jones and Vicker-man in 1982 and joined CastlePope which became Castle PopeProsser and Lynn and where he
continued his commercial andgeneral practice. The partner-ship ended in 1990 and Meltonjoined the then firm of MorrisonMorpeth as a consultant. Hewent out on his own as a solepractitioner in 1992 and hasbeen happily working from hisWilton home since then.
Brugger Industries
Amidst this relatively conven-tional career Melton Prosser didsomething rather unusual.While he was in Wainuiomata hemet a German engineer namedFrank Brugger, a clever and en-terprising man who had emi-grated to New Zealand in the late1940s or early 1950s. Melton hitit off with Frank and they be-came close associates, to the ex-tent that Melton became partowner of the Brugger Industriescompany in Wainiomata andacted as export manager for thefirm for many years, travellingthe world on its behalf.
“Brugger was a great engineerand a lovely man. He flew withthe Luftwaffe during the war andwent to Switzerland after itwhere he worked as a milkman.We used to laugh at board meet-ings and say ‘here comes theSwiss milkman!’”
The decades of the 1950s and1960s were the heyday of localmanufacturing in New Zealandincluding the car assembly in-dustry with companies such asGeneral Motors in Petone, Ford
at Seaview and Todd Motors inPorirua producing many modelsof popular cars. Brugger took ad-vantage of this and manufactureda range of auto components suchas car seats, door panels and re-clining mechanisms. The com-pany was also the firstmanufacturer of the Pyroclasticwood stove.
Imports at the time were sub-ject to strict licensing. Early on intheir acquaintance Frank Brug-ger had had great difficulty with abig shipment of steel from Ger-many. “I had had a lot to do withthe Department of Trade and In-dustry, learning as I went along –it was a very complex area. Any-way, I was able to negotiate suc-cessfully on Frank’s behalf andfrom then on I could do nowrong!”
Melton joined the board ofBrugger industries in 1952 and re-mained a part owner for 34 yearsuntil the company was sold in1986. The firm was 24.9 percentowned by an Australian companybased in Melbourne and Melton,as liaison director, visited that citymany times. “Apart from thework, my wife and I had the goodfortune to see Kiwi’s devastatingrun up the home stretch to winthe Melbourne Cup in 1983 and Iwent to many champagne break-fasts at the Grand Final of Austral-ian Rules football at theMelbourne Cricket Ground – thefirst time I went there were103,000 people there.”
World traveller
During his time with BruggerIndustries Melton visited manyparts of the world including Ja-pan, Australia, America, Italy,Singapore, UK, Samoa and Swit-zerland. “I must have gone toevery motor company in Japan,New Zealand and Australia – in-cluding General Motors, Fordand Toyota. I learned Japaneseand can still speak a bit and westill have Japanese friends. It wasgreat fun and very stimulating.
“Frank started in Petone butneeded a bigger factory. I was inWainuiomata so I said ‘come overhere – we’ve got the space andthere’s plenty of labour’. I did allthe work getting the engineers to-gether and getting the buildinggoing – it was a big factory. I wasover there recently and tried to goin to have a look at the old placebut I just couldn’t do it, the emo-tion was so high – too manyghosts, too many memories.”
Melton was still practising as alawyer during this time and sayshe worked most nights and week-ends. “My partner Brian Vicker-man was a lovely man, veryhelpful, and he carried the canwhen I was away. It was usuallyonly for a day or two though oncewe were stranded in Osaka fortwo weeks when the airport crashfiremen went on strike.”
Brugger Industries also estab-lished a small factory in WesternSamoa in the 1980s makingmufflers for cars as part of thegovernment’s Pacific IslandsDevelopment scheme (PIDS).
“I was up there three or fourtimes a year staying at the Tusita-la Hotel. I was made a honorarymatai with the name Lauli – TheOrator.
“I loved it all, every minute ofit. It was such an exciting time. Ithink the Brugger Industries ex-perience helped me as a lawyerto understand people and com-mercial situations, and to devel-op a broader view of the worldoutside the ‘legal bubble’.”
Melton is now looking towardsretirement which he says can bea problem for sole practitioners.“Sometimes people, especiallylawyers, ask me what I am doingworking at 83. The thing is, I haveacted for maybe hundreds ofpeople over the years and manyhave become close friends – howcan I tell them to go to another
I have been a lawyerfor nearly 60 yearsand I’ve made every
mistake in the book –but fortunately I’ve
only made them once!
solicitor? Even when I say thatthey mostly plead with me to stayon.
“But things have changed.One of the reasons I want to re-tire is because of the electronicage – I can’t keep up with peoplewho have forgotten to use thephone. If I go out to a meeting foran hour or so I get back to 25 or30 emails each demanding ananswer, often for a complicatedlegal problem or decision. I havereceived emails after midnighton a Sunday demanding an an-swer! I wonder at the speed withwhich we have to carry out ourpractice these days whether it isdetracting from the consideredadvice we offer to clients.
Responsibilities of a lawyer
“There’s another thing. When Iwas young lawyers were highly es-teemed and respected but nowa-days it’s the opposite. Theattitude of the general public isthey think we charge too muchthey don’t see the worry andstress behind the scenes, theydon’t understand we are handlingtheir life time earnings and what aheavy responsibility that is.”
Melton Prosser is one of theoldest lawyers practising in Wel-lington. “I have a number of law-yers who ring me for advice andI’m very flattered by that. It’s notthat I am a brilliant lawyer – Iknow I’m not. There’s nothingremarkable in it – I’m very ordi-nary. I have been a lawyer fornearly 60 years and I’ve madeevery mistake in the book – butfortunately I’ve only made themonce!”
Melton Prosser – ‘I loved every minute of it’
A picture painted of Melton at the top of the Tokyo Tower in the 1970s. “Going upin the lift you couldn’t turn around because of the crowd. You ‘front in’ and back
out. A foreigner having a picture painted was a novelty then and as I was sitting ahuge crowd gathered. When the artist finished everyone clapped like mad. Great
excitement! I felt like a king. Never had so much attention before or since!”
Melton Prosser.
Experience [at BruggerIndustries] helped meunderstand people andcommercial situations,and develop a broader
view of the world outsidethe ‘legal bubble’
VUW Law FacultyCOUNCIL BRIEF, MARCH 20156
My time as Dean of the VUWFaculty is drawing rapidly
to a close. I step down on 11 Mayand hand over to my successor,Dr Mark Hickford (of AucklandUniversity and Oxford – you maydetect a mildly disapprovingsub-text here), on that date.
There will be at least one moreCouncil Brief before I go, so Ishall save reflections on my pasteight and a half years in the rolefor a later occasion. A number ofpeople whom I have encoun-tered on the streets recently haveasked when I am due to leaveWellington, apparently assum-ing that my departure is due anyday now, so just to clarify. I donot start as the Arthur GoodhartProfessor in Cambridge until thebeginning of October 2015.
At the moment, I know that Ihave to give a conference paperin Europe (well, in Istanbul) atthe end of May, but I shall cer-tainly be returning to Wellingtonfor an (as yet undetermined) pe-riod before heading back toCambridge. If that does notmake my intentions entirely
From the
Dean of Law
clear, I can at least say that younow know as much as I do.
The ‘value’ of law
Before I leave in mid-May,there is still a good deal of work tobe done. As the students returnfor the start of the new academicyear, adrenalin levels surging,some of my colleagues and I aretrying to concoct a Faculty Annu-al Plan, for this year and the next.This plan is required to be broad-ly in accord with the recentlyenunciated University StrategicPlan. In a climate where universi-ties are now micromanaged bygovernments whose main eye isto the contribution that universi-ties should be making to the eco-nomic growth and developmentof New Zealand, and who believethat this can be accomplished al-most entirely through the pro-motion of the so-called STEMsubjects (Science, Technology,Engineering and Mathematics)and Commerce, this is a struggle.It is not entirely easy to explain ina short compass where we law-yers fit in to the overall picture.
My colleagues in the Art, Hu-manities and Social Sciences aresimilarly embattled. It is not thatwe cannot make a case for theimportance of what we do – it isthat we are expected to articulatewhat is simply assumed in thecase of the STEM subjects
(science is wonderful), and to asceptical if not hostile audience.
This sort of work has kept mefrom engaging as fully as I wouldhave wanted in the discussion ofthe legal developments of the day(at least publicly). I am con-scious, for example, that there isa Bill before Parliament repealingthe Judicature Act 1908, poten-tially making quite significantchanges to the position of the ju-diciary.
The Supreme Court
Recently, I wrote a paper foran Auckland Conference to markthe tenth year of the operation ofthe Supreme Court, and in thecourse of that looked at the histo-ry of the Supreme Court Act 2003(helped considerably by a paperwritten for the same Conferenceby Margaret Wilson, who was theAttorney-General when thechanges were made). A recentnewspaper article by visitingNew Zealand Public Law scholarRichard Cornes warned that sev-eral of the commitments thatwere contained in the 2003 legis-lation (for example the positionof the Treaty of Waitangi, and ins.3(2) of the Act to “New Zea-land’s continuing commitmentto the rule of law and the sover-eignty of Parliament”) are not be-ing carried through to the newBill. Why is that, I wonder? I hope
that in the near future, I will bein a position to do more thanwonder.
Life and times of Lord Cooke
One of the several researchand writing projects to which Ihope to be able to turn my atten-tion in the next few years is anexamination of the life and timesof Lord Cooke as he and his col-leagues fostered and developed ajurisprudence of and for NewZealand. He and I spoke brieflyabout this in London in 2004, as Iremember in the streets as wewere going to a reception at NewZealand House in the Haymarketto celebrate the establishment ofthe New Zealand Supreme Court.I asked him whether he was writ-ing his own memoirs, to whichthe answer was in the negative. Ithen asked him whether anybodywas writing a biography of him,to which the answer was that hislife would not warrant a biogra-phy. At the time, I demurred, buton reflection believe that his as-sessment was rather a shrewdone. Some time later, I wrote tohim saying that if I had the time, Ishould like to write an apprecia-tion that would not strictly be abiography, but the examinationof an important legal life at thecentre of New Zealand’s devel-oping independent legal and
By Professor Tony Smith,Dean of Victoria University’s Law School
constitutional identity. Hisprompt response was a lettersaying that the sort of book that Ihad in mind would have “muchmore attraction for me”.
Fortified by that affirmation, Ihave been fitfully, magpie-like,collecting snippets of materialthat might help me to weave afabric of the kind contemplated.Last week, I was at Waikato Uni-versity, and relayed the gist ofwhat I have said above to an oldacquaintance. Yes, he said, hethought that he might have somematerial that might assist, andsure enough, he did. Corre-spondence between Robin andLord Denning, following thedeath of Lady Denning, showingthe very human sides of both ofthese most eminent legal corre-spondents.
Any Lord Cooke recollections?
What I wonder is whether,through the good offices of thiscolumn, I might ask that otherswho have recollections of RobinCooke might be willing to sharethem with me. Correspondenceand written material would bemost appreciated, but oral ac-counts of memories and reflec-tions too of encounters withRobin. I can be reached at theLaw Faculty, or [email protected]
Pressure to justify the utility of legal education
RESTORATIVE justice is a processthat is becoming more common ina number of overseasjurisdictions. Howard Zehr, anAmerican professor of restorativejustice (RJ), describes the processas one “to involve, to the extentpossible, those who have a stake ina specific offence and tocollectively identify and addressharms, needs and obligations, inorder to put things as right aspossible.”1 This article outlines theRJ service provided by CommunityLaw Wellington and Hutt Valley(CLWHV) and recent legislativechanges.
CLWHV has been providing RJservices in the Wellington regionsince October 2013. The vision ofCLWHV is that those with the leasthave the same or better access tojustice as those with the most.2 Ourpurpose as an organisation is toprovide comprehensive solutionsthat empower individuals,whanau and the community as awhole.3 This vision and purposeprovides good grounding forCLWHV to provide RJ services tothe Wellington, Hutt and Poriruadistrict courts.
In December 2014, victim- fo-cused legislative changes to RJcame into effect. The SentencingAct 2002 was amended to formal-
ise the process for pre-sentencecourt referrals to RJ. These chang-es sought to increase access to RJfor those in the community – bothoffenders and victims. Under sec-tion 24(a), courts must adjourncases for restorative justice where:1. an offender appears before a
District Court at any time be-fore sentencing; and
2. the offender has pleaded guiltyto the offence; and
3. there are one or more victimsof the offence; and
4. no restorative justice processhas previously occurred in re-lation to the offending; and
5. the Registrar has informed thecourt that an appropriate re-storative justice process can beaccessed.
The court must adjourn theproceedings to:1. enable a suitable person to
make inquiries about whetherrestorative justice is appropri-ate in the circumstances of thecase, taking into account thewishes of the victims; and
2. enable a restorative justice proc-ess to occur if it is appropriate.
Under this legislation, a judgerefers eligible cases to the CLWHVRJ coordinators who sit in eachcourt.
Typically, our coordinators
make an initial assessment incourt and then allocate the referralto two RJ facilitators. Those facili-tators progress the referral to an RJconference if it is appropriate.
When a court coordinator or fa-cilitator looks at a referral, theyconsider restorative justice princi-ples, which are expressed by theMinistry of Justice as:4
• Voluntary – Restorative justiceis totally voluntary. Even whenthe court directs RJ, both of-fenders and victims can choosenot to take part at any point inthe process.
• Full participation – Full partic-ipation of the victim and of-fender should be encouraged.
• Informed participants – effec-tive participation requires thatparticipants, particularly thevictim and offender, are wellinformed.
• Offender Accountability – TheRJ process must hold the of-fender accountable.
• Flexibility and Responsive-ness – The process can be de-signed to best meet the needsof the participants, for instancetaking into account time,place, who is involved and cul-tural elements.
• Safety – Emotional and physi-cal safety of participants is an
over-riding concern.• Effective Process – High quali-
ty facilitators deliver RJ servic-es, and the RJ process isevaluated and reviewed ade-quately.
• Case Appropriateness – Casesare screened based on variousfactors to identify those mostappropriate for RJ.
Another legislative change inDecember was to the Victims’Rights Act 2002. If a victim re-quests a meeting with an offender,
section 9 requires that court staff, apolice employee or a probationofficer must – if the necessary re-sources are available – refer the re-quest to someone suitable whocan arrange and facilitate a re-storative justice meeting.
A key to implementing theselegislative changes is good com-munication between all parties.This includes the Ministry of Jus-tice, court staff and the judiciary,the police, victim support services
By Everard Halbert
Community Law Wellington & Hutt Valley Restorative Justice
Continued on page 7
-
and other support organisations,and offence victims, offenders andtheir whanau (family) or supportpeople. CLWHV encourages coun-sel to approach RJ court coordina-tors in court to talk about RJappropriateness, before the ques-tion arises in front of the judge. AnRJ indication can then be given tothe judge, without needing a standdown.
Restorative justice is a volun-tary process. Where a victim or of-fender indicate that they do notwant to participate, any RJ processwill stop. New Zealand researchhas shown that most victims whoparticipate in RJ find it valuable:74% of victims of crime who en-gaged in RJ conferences said they“felt better” after the process and80% said they would recommendRJ to others in similar situations.5
Research has also shown that of-
Ingredients
Method
Beetroot CakeA great favourite with the Law Society. People never guess what’s in it!
Sue’s Kitchen Secrets
2 x 400g tins beetroot – rinse, drain thenprocess in food proessor or blender2 cups flour2 cups sugar4 eggs2 teaspoons vanilla2 teaspoons baking soda1 cups vegetable oil (canola or sunflower) cup cocoa cup choc bits (or more)pinch salt
Sieve together dry ingredientsMix sugar oil and eggs ) Add alternatively to dry ingredientsMix beetroot and vanilla)Bake at 180ºc for 45minutes (timing varies depending on tin)– test by putting knife in middle – if it comes out clean then itis done.
with as little mixing as possible.
Icing – not included in ingredientsCan be iced using a couple of tablespoons of butter ormargarine in water and mixing in enough icing sugar siftedwith cocoa to give a thick but pouring consistency.
NoteIt makes a big cake so if you divide it into two smaller cakes be sure to watch the cooking time.
COUNCIL BRIEF, MARCH 2015 7Community Law
DOWN1. Surplus remained on top (4-4)2. The conductor is caricatured, we hear (5)4. They figure out the total number of
poisonous creatures (6)5. Presumably he’s not in the front rank of
foresters (12)6. Noble arrangement about an Eastern
country (7)7. Position from which to take aim, one hears
(4)8. Figures are cut on them by blades a foot
long (7-5)12. Describing the cleric who is unusually
spritely (8)14. Upholder of the board (7)16. Pressman tried to change nothing inside (6)18. Promotes sales - item of property put back
inside (5)19. The position of one who has retired (4)
ACROSS1. They provide fuel records (4)3. Observed the beaks - they’re
mergansers (3-5)9. Behaved playfully - subjected to a search
(7)10. Measure a young animal by it (5)11. Making the pitch too big - but inflicting
defeat (12)13. The area of what was once temporary
accommodaton (6)15. A woodworker who becomes a member
(6)17. The affliction of one who experiences
irregular beatings (5-7)20. Stick to prohibition outside (5)21. Opposite directions included in
characteristic conveyance (7)22. They put on other people’s clothes! (8)23. Permanent settlers have come to this (4)
DOWN1. Delight (8)2. Extend (5)4. Recommence (6)5. Adequate (12)6. Apparel (7)7. Pitcher (4)8. Memory (12)12. Outlook (8)14. Simulated (7)16. Tremble (6)18. Smell (5)19. Nil (4)
ACROSS1. Saucy (4)3. Jam (8)9. Rubbers (7)10. Hackneyed (5)11. Teacher (12)13. Lottery (6)15. Hesitate (6)17. Impolite (12)20. Boredom (5)21. Wordy (7)22. Commonplace (8)23. Pluck (4)
Cryptic Clues
Quick Clues
PRACTISING WELL
Chaplain, Julia Coleman, 027 285 9115You can use this diagram for either the Quick or Cryptic Clues, but the answers
in each case are different. This month’s solutions are on page 2.
COUNCIL BRIEF CROSSWORD
THE WIZARD OF ID
From previous page
-
MADESIGNm
© Mark Gobbi 2015
2 It is black’s turn to move.What should black do?
1 Each of the five-letter words listed below is missing its first and lastletter. While none of the words begins with the same letter, each wordbegins and ends with the same letter. Find the missing letters.
__ REA __ __LPH__ __LUR__ __ERI__ __YNI__
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 whocan refer to the CVs and chooseappropriate 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
fenders who participated in a re-storative justice conference com-mitted 23% fewer offences thancomparable offenders over the fol-lowing 12-month period.6
A common question about RJ isabout its value for the offender andfor the victim. The process doeshave value for the offender, as itgives them the opportunity to‘front up’ to the people they haveharmed to directly address thatharm, and to deal with any needsor obligations, in order to putthings as right as possible. Theprocess also has value for victims,as it gives them a greater voice andan active role in the justice proc-ess. RJ gives victims an opportuni-ty to be acknowledged, to askquestions and to hear the offendertaking responsibility.
The new legislative changeswere enacted to extend RJ services
to those who may not have beenoffered the opportunity in thepast, particularly victims of crime.CLWHV is pleased to be able tosupport this positive objective inthe Wellington region.
Footnotes1 Howard Zehr The Little Book of
Restorative Justice (Intercourse,PA, 2002), p37.
2 Community Law Wellington andHutt Valley Strategic Plan 2013 –2018.
3 Ibid.4 Ministry of Justice Restorative
Justice Best Practice in New Zea-land (Ministry of Justice, Welling-ton, 2011), p12.
5 Ministry of Justice “Reoffendinganalysis for restorative justicecases 2008–2011” (April 2014)Ministry of Justice http://www.justice.govt.nz/publica-tions, p1.
6 Ibid.
Community Law Wellington & Hutt Valley restorative Justice
EXPERIENCED FAMILY COURT LAWYERWe are a specialist litigation firm.
We are involved in all types of Court work, includingcivil/commercial litigation, family and criminal cases.
We have a position for an intermediate/senior lawyer,experienced in family law work generally, but in particular
Care of Children and Domestic Violence cases.
Please forward a letter of application together with a CV by2 April 2015.
Managing PartnerThomas Dewar Sziranyi LettsPO Box 31-240, Lower HuttEmail: [email protected]
Phone: (04) 570 0442 Fax: (04) 569 4260www.tdsl.co.nz
COUNCIL BRIEF, MARCH 20158 Notices
BETTS, Jocelyn AnneFormerly of Wellington.
Died 13 January 2015.
Maude & Miller (Siri Nicholas)
PO Box 5259, Wellington 6145
Tel 04 473 7121 Fax 04 471 [email protected]
GUERIN, Sandra LeeLate of 16 Blueberry Grove,
Timberlea, Upper Hutt.
Died at Upper Hutt on
11 December 2014.
Reg Newall
PO Box 40767 Upper Hutt 5140
Tel 04 528 8552 Fax 04 528 2588
Please contact the solicitorsconcerned if you are holding a will
for any of the following:
FOR URGENT ACTION
WILLENQUIRIES
■ The cost of will notices is $50.00 (GSTinclusive). Please send payment withyour notice.
■ Will notices should be sent to the BranchManager, NZ Law Society WellingtonBranch, PO Box 494, Wellington.
FOR SALE
Top floor of a 95% earthquake rated 2006 fully renovatedCBD building. Suitable for a two or three partner firm withscope for subletting up to three offices. Unit title.BEO $975,000.
Telephone: 04 498 4932 or 04 494 1596
Office Floor suitable for a Legal Practice
Services to lawprofessionals
DON MATHER & ASSOCIATES
Estates and clients• compile chattels inventory• assist clients to downsize• arrange sale & dispersal of
chattels
• prepare house for sale
Agency• agent for absentee or
indisposed clients
Don Mather & Associatesphone Don Mather
04 2331532 or 027 6003143
John Steel, Brett Gould and Nigel Stirling.
Don Breaden, John Waddington, Richard Allen and Fintan Devine.
Rod Venning, Peter Quinn, Peter Stevens and Tim Cleary.
Jon McCardle, Dan Parker and Mike Gould.
THE annual Last Resort GolfTournament was playedrecently at the Masterton GolfClub in warm conditions withfirm breeze in the secondnine.
The organisers are verygrateful to the tournamentsponsors: Fairmont Winesand ANZ Bank.
Full Results – stableford1. Richard Allen 432. Nigel Stirling 403. Dan Parker 364. Brett Gould 34
Nearest pin – Nigel StirlingLongest Drive – Nigel Stirling8th Hole Shootout – MikeGould
Overall winner and recipient of theHalsbury Shield, Richard Allen.
Magnificent day for2015 Last Resort golf
LOCAL lawyer and man abouttown Richard Fletcher is anaficionado of hats. You may haveseen him wearing his AkubraAussie bush hat; he also ownsseveral berets, a Barbour, aChinese mandarin hat, strawmodels of various kinds – and onetreasured, genuine Panama hatgiven to him by his father-in-law.
It is the Panama that hascaught Richard’s imagination. Heand his wife are interested in fash-ion and see the Panama hat as astylish accessory, ideal for sum-mer but useful on cooler days aswell. “It’s an article of designerclothing that is affordable andfun,” he says.
Despite the name, genuinePanama hats are hand-woven inEcuador. The name originatesfrom the time when Ecuadoriangoods were shipped out throughPanama. Many so-called Panamahats sold in New Zealand andelsewhere are sometimes poorimitations of the genuine articleand this has prompted Richard toimport the real thing for sale here.
“Ours are genuine Panama
hats made in Ecuador by the re-nowned firm of Ecua-Andino.They are all handmade in Ecua-dor of the toquilla palm, notstraw. They are very easy andcomfortable to wear and unlikemany sold here they have a cottonrather than a leather band aroundthe inside that makes them softeron the head so that it ‘breathes’.You have to ‘wear them in’ andthey can be reshaped over a pot ofvery hot water.”
The hats which Richard is im-porting are of very high quality.They are however cheaper thanastonishingly finely woven‘superfino’ hats, which are very,very expensive.
Richard has found the experi-ence of importing challenging attimes and a learning experience.“As the original export documentdescribed them as straw hats theywere stopped at the border andthreatened with fumigationwhich we managed to head off.”
According to Bob Jones writingin the NZ Herald last December,“Hats are back”. Richard Fletcherthinks so too.
‘Hats are back’ –how about a Panama?
Richard Fletcher. Panamas a fashion accessory.
Final sitting for Judge Vivienne Ullrich QCJUDGE Ullrich’s final sitting tookplace recently at the PoriruaDistrict Court.
Wellington Branch PresidentNerissa Barber commented on theJudge’s significant role in estab-lishing the Family Law Section.
“…you were a foundingmember of the Executive of theFamily Law Section of the NewZealand Law Society from thistime through to 2000, and over1998 to 1999 you were Treasur-er… We thank you for the pio-neering work you and theCommittee did…
“I have greatly appreciatedyour support of the profession.You have been a presenter in nu-merous Law Society seminars…You are a regular attendee of din-ners and other professionalevents… a long time memberand supporter of the WellingtonWomen Lawyers Association.
“In this world where there canbe tendency to focus on the selfand what we as individuals canget out of something, you havebeen a huge contributor to others,to the profession and to society.
“We will miss you very much.”
Deadline April Council Brief
Monday 13 April
Council Brief [email protected]