Canterbury tales
Canterbury tales
Canterbury Westland Branch New Zealand Law Society
November 2013, Vol. 19, No. 10
WINE OPTIONS AND QUIZ NIGHT
Council team victorious
By Valerie McTurk
Do you know which famous English
comic and actor celebrated finally
achieving success in his own eyes
by changing his occupation in his
passport from engineer to
comedian?
Whose tombstone carried the inscription “I told
you I was ill”?
Between 1784 and 1811 the English
Government levied a tax on what, considering
it to be a good indication of relative wealth?
Those were some of the questions which you
would have encountered at the annual Wine
Options and Quiz Night — held in St Barnabas
Church Hall on 16 October — along with a
musical round and a “Who am I” question.
You will find the answers to those questions
and the other general knowledge questions on
Page 8.
This year’s event again proved as successful as
ever. Fifteen teams contested the general
knowledge and wine options quiz. Vino Fino
kindly donated a cup for the overall winner of
the wine options and quiz competition.
The winner of the General Knowledge Quiz
was again the team from the University of
Canterbury (The Ivory Towers). Second place
went to the team from Linwood Law (Chateau
Linwood).
The team from Christchurch City Council won
the wine options quiz and went on to win the
cup for the overall winner (wine options and
general knowledge quiz) with a combined total
of 71.5 points, narrowly beating the team from
Linwood Law on 70 points Next was Canterbury
University on 69 points.
Three teams contested second place in the
wine options quiz, which resulted in Vino Fino
having to determine second place by throwing
in an extra question. Clare Yardley’s team The
The Christchurch City Council overall winning team.
Daisy Cheyne came out as the runners up in
the wine options quiz.
Results of the evening are as follows:
Overall winner: Christchurch City Council
(Merlot Pen and Transparent).
1st Prize Quiz: University of Canterbury (The
Ivory Towers).
2nd Prize Quiz:
Linwood Law (Chateau
Linwood).
1st Prize Wine Options: Christchurch City
Council (Merlot Pen and Transparent)
2nd Prize Wine Options: Clare Yardley’s team
(The Daisy Cheyne).
Funniest Answer: Raymond Donnelly (The
Crown Jewels) with their assertion that
“Ipovlopsychophobia was the fear of
Invercargill.”
Best Team Name: Cameron & Co (team name
Fifty Shades of Gris).
Who am I: Raymond Donnelly (The Crown
Jewels).
I would like to take this opportunity to thank
Rex Ormandy and his team from Vino Fino for
their continued support and sponsorship of this
event. Without them, the annual wine options
and quiz evening would not be a success.
Finally, I wish to thank Judge Neave for putting
the general knowledge questions together and
giving his time to compere this annual event. It
is very much appreciated.
We look forward to seeing you all again next
year.
Quiz questions Page 3,
answers Page 8.
22
Canterbury
Canterburytales
tales
Vino Fino
Photo Caption
Each month we have a photo caption
competition where we invite you to submit a
caption. The winner will receive two bottles of
wine sponsored by Vino Fino.
Send your entry to the Canterbury Westland
Branch New Zealand Law Society, P.O. Box 565,
Christchurch. All entries must be received by
February 9 2014. The winner will be announced
in the next edition of Canterbury Tales.
The winning entry for last month’s picture
(below) was submitted by Gary Clarke.
“If you can hit those high notes, we
can be Peter, Paul and Mary.”
President’s Column
I have just seen draft floor plans for
the new Justice and Emergency
Precinct. They make me both
excited and dismayed.
Excited, because in many ways they show a
facility which will meet, and perhaps exceed,
lawyers’ expectations for space where they can
meet with their clients, work on a laptop in
public and private spaces, and catch up with
colleagues over a coffee. Dismayed, because
at present, one of the top priorities for lawyers,
the law library, is not incorporated in the
current layout for the Courts building in the
Precinct.
I accept the plans are still a work in progress.
Indeed, I am told that the building will be
constructed in such a way that the foundations
will be going in, while the layout for the upper
floors is still being finalised.
I also accept that realistically, we will not require
the space we have in the present law library,
as we move to greater provision of research
materials electronically.
However, as has been explained to our branch
Council, and to the Ministry of Justice, by Julia
de Friez our chief law librarian, there is a core
body of materials which are held by the library
which will almost certainly never be available
in electronic format, and which will still need
to be housed in a library so they are available
for research.
Furthermore, our library is more than just a
store of written knowledge. It is staffed by
people who know exactly what research
materials are available within the library and
where, and, if they do not hold what is
required, they know where they can get them
from.
They are also the people who create the
Linxplus database, providing a useful index
and headnotes for New Zealand case law.
Physical space will always be needed to
house both the hard copy research resources
and the people who manage them so capably
for us.
Needless to say, conversations are still
continuing on the subject of provision of a
law library. I am adamant that a comprehensive
research library service must be available to
all lawyers and not just to those who are in
firms which can afford large in-house library
resources. It has been, and always will be, an
access to justice issue.
I also believe those research services are most
logically located in the Courts building where
the decisions which create and refine the law
are being made.
I have asked Ministry of Justice representatives
to brief the profession as a whole on where
plans for the Precinct are at. However, given
the proximity to the Christmas break, that may
not be until the New Year now.
I am sure you will be as interested as I am to
know what the new Precinct buildings will look
like, and to have your say on how they will
serve lawyers and their clients for the next 50
years.
Rachel Dunningham
Nigel Hampton
quoted in US
legal magazine
Comments Nigel Hampton QC made in a
conversation at a casual cocktail function
in The Hague earlier this year have found
their way into the ABA Journal.
An article about the trial of Slobodan
Milosevic which was written in a series
named “10 Trials That Changed The
World” has the following quote:
“One of the lessons of the ICTY was the
need for professional conduct rules
covering lawyers who appeared before it,
says Nigel Hampton, a Queen’s Counsel
in New Zealand.
“In 2005, the ICC amended its rules of
practice and procedure to adopt a Code
of Conduct for Counsel, establish a
Disciplinary Board and a Disciplinary
Appeals Board, and create the post of
commissioner of standards and discipline
of counsel. Hampton served as the first
commissioner”.
If you would like to read the article in its
entirety it can be found at http://
www.abajournal.com/magazine/article/
serb_leader_is_tried_by_an_international_tribunal/
Canterbury tales
3
Quiz night questions
1. The newly appointed Lord Chief Justice of
England and Wales revels in a name guaranteed
to raise a giggle in adolescent males of any
age.
(a) What is his name?
(b) He is such a workaholic he has been
rumoured to be dictating to his secretary even
while:
(i) on his bike?
(ii) on the toilet?
(iii) on holiday?
(iv) in the bath?
2. What famous English comic and actor
celebrated finally achieving success in his own
eyes by changing his occupation in his passport
from engineer to comedian?
3. This year Andy Murray ended decades of
anguish by winning the Men’s Championship
at Wimbledon.
(a) Who was the last British male to win it
before him?
(b) In what year?
4. Whose tombstone carried the inscription “I
told you I was ill”?
5. The following phobias are the fear of what?
(a) Cynophobia
(b) Melissophobia
(c) Ipovlopsychophobia
(d) Globophobia
(e) Pogonophobia
6. (a) Name the New Zealander short-listed
for this year’s Booker Prize? (b) The name of
her novel?
7. What bird is shown on the flag of Papua
New Guinea?
8. Name the members of One Direction?
9. If a dish is described as du Barry, what
vegetable is it likely to feature?
10. (a) Who won this year’s Nobel Prize for
Literature?
(b) What is their nationality?
(c) The Nobel Prize for Physics this year was
awarded for the discovery of what?
11. Between 1784 and 1811 the English
Government levied a tax on what, considering
it to be a good indication of relative wealth?
12. Name the fictional detective or investigator
created by the following authors:
(a) Dame Ngaio Marsh
(b) Dorothy Sayers
(c) Caroline Graham
(d) Patricia Cornwell
(e) Ian Rankin
13. In Pride and Prejudice which of the
following people appearing or mentioned in
the novel was not a lawyer:
(a) Mr Darcy’s uncle?
(b) Mr Wickham’s father?
(c) Mrs Bennett’s brother-in-law?
(d) Mrs Bennett’s brother?
14. Producer Joss Whedon recently gathered
together a whole list of his friends and made a
film of what Shakespeare play?
15. Name the capital cities of the following
countries:
(a) Ecuador
(b) Laos
(c) Belarus
(d) Namibia
16. Who is currently the major sponsor of the
Bathurst race?
17. Ella Yelich-O’Connor is better known to us
under what name?
18. In which slightly offbeat sport is the New
Zealand men’s team known as the Falcons and
the women’s as the Fantails?
19. (a) The Olympics cancelled in 1940 where
scheduled to be held in what city?
(b) Which city has just been awarded the 2020
Olympics?
20. (a) What was the only Hitchcock film to
win the Best Picture Oscar?
(b) Who is the only person to win an acting
Oscar in a Hitchcock film?
21. Who, as Controller of BBC Two,
commissioned Monty Python’s Flying Circus
and took advantage of colour television by
televising snooker?
22. Who in 2012 made history by becoming
the face of Chanel No. 5?
23. What is the value on the price ticket shown
on the Mad Hatter’s hat?
24. Which artists dueted (or collaborated) on
the following songs:
(a) Somebody that I used to know?
(b) Sisters are doing it for themselves?
(c) Blurred Lines?
(d) Something Stupid (the original version)?
(e) Goodness Gracious Me?
25. Name the musical from which the following
songs come? (This was an audio question, but
answers supplied in case anybody still
wondering).
Answers Page 8
24
Canterbury
Canterburytales
tales
Untied from the Timesheet No. 3
Lawyers’ financial challenges
By Andrew Nuttall
Director, Bradley Nuttall Ltd
You will recall that in the September
and October editions of Canterbury
Tales I wrote about the challenges
faced by law firms.
These articles were based on my observations
following interviews with a number of
practitioners, partners and others who work
closely with law firms. In this month’s article I
write about some of the financial challenges
faced by practitioners. In the December edition
I will provide some thoughts and insights into
solving these common financial challenges.
Partners and practitioners in law firms face an
interesting financial challenge:
• A legal practice is a cash-flow business and
as a partner or practitioner your largest asset is
your ability to generate income.
• In order to untie from the timesheet, lawyers
must establish a disciplined strategy to manage
lifestyle expenses and transform their practice
cash flows into assets that can provide income
to support retirement lifestyles. (i.e. productive
wealth).
It was noted in an earlier article that law
provides an ability to generate incomes well
above the national average. Why is it therefore,
that some of the highest earners are not among
the very wealthy and able to provide
themselves with options and choices during
their lives and in retirement?
Let us consider, John, a well-established senior
lawyer with a sound practice and reputation.
He has a home on the hill and a bach in
Wanaka. His children are either in private
schools or attending university. Life is good.
However, John finds himself in a bind.
“It’s scary when you think just how much money
is passed through our hands and how much
tax I’ve paid since I left university”, he said. “The
money just goes. Sure we live well but without
this income stream I’m not sure how I’m going
to get on. Funding retirement is something I
would just rather not think about, even though
I know I don’t want to keep up the pace I’m
currently running at.”
We find this situation all too familiar even with
the most successful of lawyers and many feel
tied to the time sheet and possibly unable to
see how they can get to the position where
they can enjoy the fruits of their labour. They
are concerned about their family’s financial well
being and are highly motivated to provide them
with opportunities but being in the ‘trap’ means
the prospect of working very long hours, just to
maintain their family’s current lifestyle is real.
My interviews indicated three key challenges:
a. The Plumber’s leaky tap
Lawyers are very good at giving advice and are
motivated in helping others but too often there
can be a lack of time and inclination combined
with poor habits in managing their own financial
matters.
“The biggest challenge is just finding the time
to balance work and family so it all stays on
track” says John. “I spend so much time on
work that what time I have left needs to be
devoted to my wife and children. The last thing
I feel like doing at 9pm is dealing with all our
own financial stuff”.
Many lawyers are so busy looking after others
that they fail to attend to their own financial
matters. Reviewing wills, asset ownership,
accessing one’s financial position, discussing
household finances and plans with life partners
are all-important activities but they are not
urgent and tend to be deferred.
“Too many of us spend more time planning
our summer holidays than planning how to
finance them let alone developing strategies to
fund holidays in retirement”.
b. Keeping up with the Joneses
Although an uncomfortable thing to consider
a number of my interviewees mentioned that
there was frequently pressure on lawyers to
demonstrate their successes by driving nice
cars, living in expensive homes and providing
opportunities for their children.
In addition there is evidence of an entitlement
mentality. “I work hard, I am smart and I deserve
these things.”
“My business partners live like this and I need
to do the same”.
“I jumped into buying Mighty River Power
shares because others in the office were doing
so but it was an ad hoc decision void of any
strategy that sounded like a good idea at the
time.”
These pressures can create other problems.
c. Debt
In addition to the lack of time to manage their
finances many lawyers are faced with the
burden of debt they incur on the way. “The
one thing we lawyers are really good at is
borrowing a lot of money. Because of our
incomes, there is no problem borrowing money
for the home, bach, boat or car.”
It is well recognised that debt can become a
habit with a steady stream of cash and credit
readily available. This debt not only delays
investment but has a corrosive effect on
savings.
“The more you make the more you spend”.
“Expenditure expands to the income available”.
It’s never easy to defer consumption. However,
I have found that recognising the above issues
is an important part of planning and
implementing strategies to help you reach your
financial goals. We all agree it is very important
to achieve a work life balance and it is also
necessary to achieve a balance between today’s
lifestyle and having choices and options in
future.
In my next article, I will provide some thoughts,
ideas, solutions and recommendations from
lawyers who are on target to, or have been
successful in achieving financial independence.
Some of these people are still practising, which
is their choice, but no doubt they are more
effective lawyers by having that peace of mind
in knowing that if they want to untie themselves
from the time sheet they can.
Canterbury tales
5
PROPERTY AND COMMERCIAL LAW
Surveyors raise quake issues
The Property and Commercial
Law Committee (Canterbury
Westland Branch) has had a
meeting with representatives
of the New Zealand Institute
of Surveyors.
They have asked us to report on issues they
are coming across that have arisen as a result
of the earthquakes. In particular:
1. The city centre has had significant
movement, and it contained a lot of older titles.
Therefore, redefinition plans are being required
as a matter of course before buildings are
redesigned and rebuilt, so that the true
boundaries are actually known.
2. Insurers are taking different positions and
policies as to whether to assist the policyholder
where it is possible that boundaries have
moved. Some are leaving it up to landowners
to resolve, some are instructing the surveyors
and paying for the cost of redefinition plans
but leaving the landowner to pay for the legal
costs, and others have variants on these
options. It is important that clients check their
insurance policies to ensure that they are
receiving the correct benefits.
3. Damaged cross-leased properties are likely
to create a real issue. Again, there are different
scenarios being encountered. In some
instances, all flats in a cross-lease situation are
being demolished and rebuilt; in others, one
or more flats are being demolished and rebuilt
whilst others are being repaired.
In many instances where a rebuild is occurring,
insurers are attempting to build within the
existing footprint of the flat that existed on the
site prior to the earthquakes. In that instance, it
is thought that there is no need for a new flat
plan to be created.
However, where this is not possible, or where
there is need for a resurvey, then the
approximate costs for completing this are
roughly in the ballpark of $5,000.00 to
$10,000.00.
In such circumstances, the New Zealand
Institute of Surveyors strongly recommends that
landowners consider trying to complete a
conversion to fee simple titles.
From a landowner’s perspective, where an
insurer is building on the existing defined area
on the flat plan, it would be extremely prudent
at the end of construction for them to obtain a
letter from a surveyor confirming that the
building has occurred on the same position on
the flat plan as the old flat.
A copy of the letter should be given to the
registered proprietor and a copy should be sent
to the Christchurch City Council for them to
put on their property file. Thought could also
be given to potentially varying the lease
affecting that flat, to include a copy of the
surveyor’s letter as part of the registered lease
to avoid further problems.
4. Other issues that need to be considered as
general rules are:
a. Various control marks and pegs have moved
around the city that surveyors have often used
as base points when calculating things such as
boundaries and height measurements, etc. This
has the potential to cause confusion in the
future.
b. The biggest issues surveyors are seeing seem
to have arisen when a property is close to a
waterway. It is not unheard of for boundaries
to have moved by up to 0.8 of a metre.
c. In flood-prone areas there is the potential
for issues with minimum floor levels. The
movement of control marks could affect things
such as minimum floor building levels,
recession planes and setbacks.
d. Parties should not assume that they have
existing use rights necessarily when they go to
rebuild. Minimum floor levels as provided for
in variation 48 may ultimately mean that
houses have to be rebuilt at a higher level, and
this can impact on setbacks, recession planes
and height limits.
5. As a general rule, if in doubt, proper advice
should be taken at the start to establish height
levels and to ensure that the control marks are
reliable.
6. The final point discussed related to shared
rights-of-way, which are creating some issues
when repairs are required. Insurers have a
tendency to try and cash out in some situations,
and there is the potential for battles between
owners as to how the repair or replacement
costs should be apportioned between them.
Surveyors can assist with apportionments of
these costs by accurately making assessments
on the percentage of right-of-way that each
owner uses.
26
Canterbury
Canterburytales
tales
Library News
Julia de Friez
Librarian
A lot has been happening in world
of legal publishing of late, including
the launch of a new law report
series in print — quite a rare event.
New Zealand Trust Reports
CCH has just released a new report series
entitled New Zealand Trust Reports (NZTR).
The series collects together judgments which
have been widely cited in case law, but up until
now have remained unreported.
The first volume has previously unreported
judgments from 1965 to 1999, the earliest
being Re Estate Whatman, and further
selected judgments for the period 2000 to
2003. Some of these decisions have been
difficult to source so their availability in a report
series is very welcome.
“Canterbury Earthquakes”
conveyancing commentary
Also new from publisher CCH, New Zealand
Letter to
the editor
Madam,
It was surprising to me — and to a number of
my colleagues — to learn that the lane
separating the proposed justice precinct
between Lichfield and Tuam Streets is to be
named Sir Robert Chambers Lane.
I did not know Sir Robert, who, from all
accounts, was an admirable man and judge
but I understand that he had no significant link
with Christchurch nor with the wider Canterbury
community — apart from the degree to which
any judgments he gave impinged on local
interests. I don’t know that is sufficient
justification for his recognition in the proposed
way.
Locals may have their own thoughts on more
appropriate names for the lane in question
(One would hesitate only to mention the name
of Peter Mahon to the present government after
Erebus) and I am curious to learn if the Minister
of Justice discussed this naming with the local
branch of the Law Society and, if she did, if
that branch thought fit to raise the issue with
members.
If the Minister made no such enquiries, it
suggests departmental nonchalance bordering
on arrogance.
Gerald Lascelles
Canterbury Westland Branch NZLS was not
consulted on this issue. — Editor.
Conveyancing Law and Practice has
introduced a section dedicated solely to the
Canterbury earthquakes.
The new section is designed to provide up-todate commentary on earthquake-related
matters, including commentary on recent cases,
legislation, changes to the standard sale and
purchase agreement, changes to the ADLS
lease agreement and other practical matters.
The “Canterbury Earthquakes” section will be
updated regularly to incorporate new
developments.
Summary Proceedings
Brookers Summary Proceedings - a familiar
red binder to all criminal lawyers, has recently
been retired. A reflection of the radical changes
to criminal procedure under the new Criminal
Procedure Act 2011, Summary Proceedings
has been replaced by yet another ‘Adams’ title
— Adams on Criminal Law — Procedure (2
vols).
This new title consists of Vol 1: Criminal
Procedure Act 2011 with commentary and
related rules; Criminal Disclosure Act 2008 with
commentary; Trial Procedure (commentary)
and related legislation; Criminal Jurisdiction of
the Supreme Court (commentary) and related
legislation. Vol II: Control over Proceedings
(commentary); Inferior Courts Procedure Act
1909 and commentary; pt 3 Summary
Proceedings Act 1957 (enforcement of
infringement offences and fines).
Super Adams
With the addition of this latest title, the criminal
law bible Adams on Criminal Law now runs
to 8 binders. The suite of Adams on Criminal
Law consists of: Evidence (1 vol); Offences
and Defences (2 vols); Procedure (2 vols);
Rights and Powers (2 vols) and Sentencing
(1 vol). Published by Thomson Reuters
(formerly Brookers) all titles are available in the
Library, electronically and in loose-leaf binders.
E-books
The Library has a number of core legal texts as
eBooks giving the advantage of full text
searching. The titles are listed under “eBook”
on the Library databases page on our website.
Some titles available include current editions
of: Directors Powers and Duties by Peter
Watts; Law of Societies by Mark Von
Dadelszen; Personal and Corporate
Insolvency by Brown & Telfer; Private
Receivers of Companies in NZ by Blanchard
and Gedye; Judicial Review by Taylor &
Gorman; Law of Contract in New Zealand
by Burrows, Finn & Todd; Statute Law in New
Zealand by John Burrows; Kennedy-Grant on
Construction Law by Tomas Kennedy-Grant;
Williams and Kawharu on Arbitration by
Williams & Kawharu.
WiFi
Did you know that all subscription databases
can be accessed on your laptop via the Library’s
WiFi network when you are working in the
Library? Ask Library staff for more information
on setting up WiFi access.
New books
Recent additions to the collection include:
Criminal procedure in New Zealand by
Jeremy Finn et al., Thomson Reuters 2013;
Intellectual property law: principles in
practice by Paul Sumpter, CCH 2013;
Intellectual property: patents, copyright,
trade marks and allied rights by William
Cornish et al., 8th ed., Sweet & Maxwell
(London) 2013; McPherson’s law of
company liquidation by Keay & McPherson,
3rd ed., Sweet & Maxwell (London) 2013;
Preston and Newsom’s restrictive covenants
affecting freehold land by Gerorge Newsom,
10th ed., Sweet & Maxwell (London) 2013 ;
Review of the law of trusts: a trusts Act for
New Zealand, New Zealand Law
Commission 2013 ; Subordinate legislation
in New Zealand by Ross Carter, LexisNexis
2013 ; Te matapunenga: a compendium of
references to the concepts and institutions
of Maori customary law, by Richard Benton
et al., Victoria University Press 2013 ; The
attorney’s handbook: information,
checklists, precedents and examples for
attorneys by Philip Dreadon, CCH 2013.
Contact Library
For further information or for any research or
document delivery request, email
[email protected] or phone us on
377-1852.
Canterbury tales
7
Continuing Professional Development
Traditional period requirements
By Julie Hutton
Solicitor, Notary Public, and Director
of Plain English Law Ltd
Fundamental to the Lawyers and
Conveyancers Act (Lawyers: Ongoing
Legal Education — Continuing
Professional Development) Rules
2013 (“Rules”), is the requirement to
complete an annual Continuing
Professional Development Plan and
Record (“CPDPR”).
Rule 5.1 specifies the matters that must be
included in a CPDPR. These include:
* a description of the lawyer’s current learning
needs, together with the actions that the lawyer
proposes to undertake, in order to meet those
needs;
* a description, and details, of activities
undertaken by the lawyer to meet the identified
needs (including a record of hours, reflection,
and documented attendance verification for
each activity);
* a statement of the number of CPD hours
required during each twelve month CPD period;
and
* a record of any period greater than three
months, during any twelve month CPD period,
in which regulated services (as defined in
section 6 of the Lawyers and Conveyancers
Act 2006) were not provided.
With effect from 1 April 2014, every lawyer who
holds a practising certificate, and who provides
regulated services on either a full-time or parttime basis, must complete a minimum of ten
hours of CPD activities per year (subject to the
exceptions set out in the Rules).
Rule 11.1, which is a transitional rule, permits
up to five CPD hours completed during the
period 1 October 2013 to 31 March 2014
(“Transitional Period”) to be “included in and
attributed to a lawyer’s CPDPR for the yearly
period commencing on 1 April 2014".
As there is no mandatory requirement to
complete a CPDPR for the Transitional Period,
Rule 5.1 does not apply to CPD activities
completed during that period. That means
Organised your CPDPR?
Let us guide you through the
process of recording your CPD
using our unique, specialised
template format.
http://www.cpdforlawyers.co.nz/
or email Julie at
[email protected]
for a free demonstration.
lawyers who elect to complete CPD activities
during the Transitional Period may do so without
having to identify their learning needs, tailor
the proposed activities to those needs, confirm
that the activities have met those needs, or
reflect on the activities in their CPDPR.
In summary
* CPD is optional during the Transitional Period;
* Compliance with the matters set out in Rule
5.1 is optional for CPD completed during the
Transitional Period. You may still elect to include
in your CPDPR, the matters set out in Rule 5.1, as
they relate to CPD hours completed during the
Transitional period, but you are not obliged to;
* When completing your first CPDPR for the
period 1 April 2014 to 31 March 2015, the
only matters you are obliged to record in
respect of CPD activities completed during the
Transitional Period are: the date of the activity,
the number of hours (a maximum of five may
be carried forward) and documented verifiable
evidence of your attendance;
* Completion of your first CPDPR will be
significantly quicker and simpler if you have
completed five CPD hours during the
Transitional Period; and
* All CPD activities, regardless of whether they
are completed during or subsequent to the
Transitional Period must fall within the definition
of “activities” in Rule 3.1 (b), as follows:
“activities means learning which —
* is structured with identifiable aims and with
outcomes relevant to a lawyer’s identified
learning needs as contained in his or her
continuing professional development plan and
record;
* provides an opportunity for interaction and
feedback;
* is verifiable by documentation; and
* is not part of a lawyer’s usual day-to-day
work”.
A summary of the above information, and of
other aspects of the Rules that specifically relate
to the CPDPR, is contained in the unique
template form of CPDPR that I have developed.
The template is available for purchase either from
my website http://www.cpdforlawyers.co.nz/ or
by emailing me at [email protected].
Comings & Goings
Joined firm/organisation
Philippa Allan (Wynn Williams Lawyers),
Jonathan Coates (Claro, Christchurch Branch),
Andrew Kirk (Simpson Grierson), Sheena
Kirkland (Mortlock McCormack Law), Nicholas
Letham (Chapman Tripp), Heather Neeson
(Cooney Silva Evatt Limited), Summer Pringle
(Duncan Cotterill), Victoria Wood (Internet New
Zealand Holdings Ltd/Heritage Heights Body
Corporate).
Moved
Jacqueline Behrnes (Buddle Findlay to Lane
Neave), David Goodman (Goodman Tavendale
Reid to Anderson Lloyd as Director), Gregory
Martin (Anthony Harper to White Fox & Jones),
Andrew Ogilvie (Better Lawyers to R A Fraser &
Associates, as Associate) Lawrence Wong
(Cavell Leitch to Pier Law).
Change of status
Roger Brown, partner with Meares Williams as
from 18.10.13.
Change of details
Douglas Brown Barrister, PO Box 927, Timaru
7940, phone (03) 395-1010, email
[email protected].
Craig Paddon, (Harewood Law) has purchased
Legal Option Limited. As from 1 November firm
name Legal Options, Karen Dennison associate
of the firm.
28
Canterbury
Canterburytales
tales
Duncan Cotterill best boss
For the second consecutive year,
staff have voted Duncan Cotterill as
the top employer among large New
Zealand legal firms.
The honour of Legal Personnel Employer of
Quiz answers
1. (a) Sir John Thomas. (b) (iv) In the bath.
2. Rowan Atkinson.
3. (a) Fred Perry. (b) 1936.
4. Spike Milligan.
5. (a) Dogs. (b) Bees. (c) Having one’s photo
taken. (d) Balloons. (e) Beards.
6. (a) Eleanor Catton. (b) The Luminaries.
7. Bird of Paradise.
8. Niall (Horan). Liam (Payne). Zayn (Malik).
Harry (Styles). Louis (Tomlinson).
9. Cauliflower.
10. (a) Alice Munro. (b) Canadian. (c) HiggsBoson particle.
11. Men’s hats.
12. (a) Roderick Alleyn. (b) Lord Peter Wimsey.
(c) Tom Barnaby. (d) Kay Scarpetta. (e) Rebus.
13. (d) Mrs Bennett’s brother.
14. Much Ado About Nothing.
15. (a) Quito. (b) Vientiane. (c) Minsk. (d)
Windhoek.
16. Supercheap Auto.
17. Lorde.
18. Dodgeball.
19. (a) Tokyo. (b) Tokyo.
20. (a) Rebecca. (b) Joan Fontaine.
21. David Attenborough.
22. Brad Pitt.
23. 10/6.
24. (a) Gotye featuring Kimbra. (b) Annie
Lennox and Aretha Franklin. (c) Robin Thicke
featuring Pharrell. (d) Frank and Nancy Sinatra.
(e) Peter Sellers and Sophia Loren.
25. (a) Hair. (b) Beauty and the Beast. (c)
Spamalot. (d) Rocky Horror Show. (e)
Carousel.
Choice Award for firms with 100 or more
employees was bestowed at the NZ Law
Awards. Duncan Cotterill has won Employer of
Choice awards three of the past four years.
The firm over 250 staff spread among its offices
in Christchurch, Nelson, Wellington, Auckland
and Sydney.
Chairman Scott Moran, pictured right, said it
was a privilege to be so well regarded by the
firm’s staff.
“As a firm, we try really hard to ensure that the
people who work at Duncan Cotterill feel valued
and integral to the business. I think we get the
right balance between treating our employees
as individuals and offering the benefits of
working in a large firm where staff can work
with great clients and on significant projects
across specialist teams and across a network
of five offices. We are fortunate to have such
excellent staff who so often go the extra mile
to ensure we do the best possible job for our
clients.”
Stylish home cooking
The first thing to remember when dining at Gustav’s Kitchen and Wine Bar in Alasdair Cassels’
The Tannery complex in Woolston is not to ask for Gustav.
The restaurant is named after Swedish Nobel prize-winning physicist Gustav Dalon, who in his
spare time delighted his wife by inventing the now famous AGA range cooker.
That was back in the 1920s, but Gustav’s latest version, an LPG fired slow cooker, lies very much
at the heart of the Kitchen’s operation.
Head chef Josh Young and maitre’d Adam Smith positively bubble with enthusiasm as they
describe their signature home-cooked English meals. “It’s great to bring my own influence to
traditional food through the AGA”, said Josh.”
The restaurant can seat 40 diners and opens at 5pm. There are two dinner sittings, 6pm and
8.30pm. The adjoining wine bar, which boasts one of the largest wine lists in New Zealand,
complements the kitchen and it opens at 11am.
However, while no meals are served until 6.30pm Josh is tucking roasts into the AGA in his open
plan kitchen around 2pm to get the best slow-cooking result.
In addition to traditional roasts the menu also has salads and fish dishes, plus a vegetarian
offering. Deserts change daily.
Like the whole Tannery complex, the Kitchen and Bar area have been superbly refurbished, with
the emphasis here placed on elegant dining. Most tables are two and four-seaters.
Gustav’s is an ideal place for intimate dinners, special occasions and small-party celebrations.
Live music, often jazz or from a Baby Grand piano, add to the upmarket ambiance.
And finally the food. Well, this writer opted for a Yorkshire pudding entrée, a rib roast main and a
chocolate mousse to finish. Absolutely gorgeous and the prices more than reasonable. — KJM
Canterbury tales
9
Not always getting it right
By Marcus Elliott,
Barrister, Canterbury Chambers
And then it dawns upon me, or
rather whacks me in the head: I was
wrong.
Yes, when you look closely at section 4(a)(iii)
and compare it to sections 3(b)(xxxviii) and
5A(xx)(iv) and then check the definition of ‘selfexecuting’ in section 2 and look at the recent
majority decision of the Court of Appeal
(although there is an appeal pending), it is true
that the opinion I formed about the
interpretation of the word ‘emolument’ in
section 21(Z)(iv) was (how does one say this?)
wrong. That’s right: wrong.
And of course I gave that opinion to the client
two years ago. Court proceedings were
launched with great hopes of success as a result
of my advice and the client has paid many bills
in the meantime.
So why do I only realise that I was wrong as I
sit reading the other side’s submissions the day
before the hearing begins? What was it that
blinded me when I gave my detailed,
expensive, opinion two years ago? I smell failure
as the night falls, knowing there will be a
moment in Court tomorrow when the judge
looks at me and says, “but what about this point
that counsel for the defendant makes? That
must be right, mustn’t it? Surely it’s fatal to your
case”.
I will gape at the judge, conscious of the client
sitting behind me, conscious of the silence, and
give the only truly honest answer available to
me: “I should never have become a lawyer”.
Canterbury Tales is the official newsletter of
the Canterbury Westland Branch New Zealand
Law Society.
Publications Committee: Karen Feltham
(editor), Brendan Callaghan, Aliza Eveleigh,
Zylpha Kovacs and Kate Dougherty.
All correspondence and photographs should
be forwarded to: The Branch Manager,
Canterbury-Westland Branch New Zealand
Law Society, Unit 1, 8 Homersham Place,
Russley, Christchurch. P. O. Box 565
Christchurch.
Phone 358-3147, fax 358-3148. email
[email protected].
Canterbury Tales is published 11 times per
year. The deadline for editorial and
photographs is the 8th of the month.
Disclaimer: Canterbury Tales is published by
the Canterbury Westland Branch New Zealand
Law Society. The opinions expressed herein
may not necessarily be those of the Branch
and have not been expressly authorised. The
Branch accepts no responsibility whatsoever
for any error, omission or statement.
(I pause at this point to say that, although I
have used the words ‘I’ and ‘me’ so far in this
article — and will continue to do so — I am not
actually referring to myself.
This is all about someone I used to know who
doesn’t want to be named and doesn’t even
practice in this jurisdiction. Because, like every
other self-respecting barrister, I am never wrong.
My legal opinions are always correct. They must
be because they cost $300 an hour. So, on
that basis, I now continue with the narrative.)
I have been wrong about something, I think,
on average at least once a week for my entire
legal career. Sometimes it’s a little thing, such
as a spelling error in the name of a client’s late
mother or noting the wrong date in my diary;
sometimes it’s more serious, such as sending
a legal opinion direct to the opposing client by
mistake (that’s actually not hard to do by email)
or missing the deadline to file a defence
resulting in the entry of default judgment for
$750,000,000 plus interest and costs.
Forming an opinion about a legal issue is
especially fraught with danger. No matter what
my opinion is, the other lawyer always seems
to disagree. In fact, for some reason in this
profession, virtually everyone always tells me
I’m wrong: the client, the other lawyer, the
judge. And if I do happen to be right, they never
tell me. They just pretend it’s a coincidence.
When I’m wrong about something there’s
always a period of delightful ignorance, a time
during which I don’t know that I was wrong
and in fact believe that I was right. This belief
can be so strong that I insist on prompt
payment of an account or regard myself as
competent to take on virtually any legal fightbecause after all, who could do it better?
But then one day when I least expect it, I receive
a letter or an email or a judgment and I am
informed that, notwithstanding my fervent
beliefs I was in fact wrong. And have been
wrong from the very beginning.
When I’m wrong does it also mean that I’m
negligent, or even unethical? Does it mean that
I don’t understand the law or that I’m not
working hard enough? It must.
I tried to find some precedents of lawyers who
practice law even though their work is invariably
wrong. This led to an interesting discovery.
Whether you are right or wrong in the law
doesn’t depend on what you say but on what
position you occupy. By definition, if I give an
opinion but a QC disagrees then the QC is right.
I can change this, not by changing my opinion,
but by becoming a QC.
James Bryson, the man who made miniatures
for Lord of the Rings, must have been
astonished when he saw this principle in action.
His contract was terminated because he was
said to be a contractor rather than an employee.
So he went to the Employment Relations
Authority.
The Authority ruled that he was a contractor,
citing no less than 24 grounds for this view. So
Bryson’s lawyers, who may have advised him
that he was really an employee, were wrong.
Bryson appealed to the Employment Court,
which ruled that he was an employee. So it
turned out that the ERA member was wrong
and Bryson’s lawyers were right.
Then the ‘employer’ appealed to the Court of
Appeal. Two of the three judges ruled that the
ERA member was right and that the
Employment Court (as well as the judge in the
minority in the Court of Appeal) were all wrong.
But then five judges in the Supreme Court ruled
that Bryson was in fact an employee. No further
appeals being possible, the Supreme Court
judges were undeniably right and the ERA
member and two Court of Appeal judges were
all wrong. By this time it was possible to watch
all three Lord of the Rings films on DVD.
The law is, I think, a deep, dark forest. Each law
is a tree. There are many, many, many trees,
more than one person could ever see in a
lifetime. Some trees are huddled so closely
together that they clog the intellect, others open
into clearings full of sunlight and clarity.
Some are young and spindly, others towering
and strong. Many are in decline. It’s very easy
to get lost in the forest and walk around and
around in circles while all the time thinking your
destination is getting closer. Some people are
never seen again. Many go insane.
All we can do is try our best — and accept that
right and wrong is a relative concept in this
profession. But I may be wrong about that.
First Published in NZLawyer, Issue 219
2
10
Canterbury
Canterburytales
tales
Canterbury tales
Westland
Workplace induction Canterbury
Branch/NZLS
of a new employee Education
* Office rules — are they allowed their
By Leonie Queree
Leo Agency Limited
Recruitment of a new employee
involves a lot of time, energy and
resources. The workplace induction
process is a vital first step.
Do not under-estimate the importance of first
impressions. Avoid the ‘first day is the worst
day’ experienced by many new employees.
Turn it into an ‘I am going to love working
here and give this job my very best’ day. You
will never get a second chance to make a
critically important first impression.
Before their first day of work ensure:
* Existing staff should be aware a new
employee is starting and the position they
are filling.
* Their work area or office, email address,
computer system, door access and
photocopier access has been arranged in
advance.
* Select a buddy (experienced co-worker) a “go to” resource, someone who can answer
questions and provide guidance in the first
few weeks.
Necessities for the first day:
* A meet and greet with existing staff and
key stakeholders.
* A tour of your work place premises.
cellphones on during work time, able to
access Facebook and use the computer
during their breaks? Make it clear.
* Set up appointments with individuals
whom your new employee should meet
early on.
* Ask if everything is in order. They might
be thinking, “I don’t want to complain, but
the chair you have given me is killing my
back”.
Procedures and processes vary immensely
between legal practices and every practice
has at least one unusual way of doing things.
Do you wish staff to email messages and
questions, or save them for specific times
during the day? Do you operate an open or
closed-door office? Getting these things clear
helps staff fit in and makes it easier for
everyone.
One of the most important things to do
during the first few weeks is to set aside time
in your calendar for the new employee. This
time is critical to establish good working
processes and relationships.
Remember, your new employee will be
nervous, so give them time to settle in and
be accessible.
Finally, remember that you told the successful
new employee that this was a fun place to
work. Have you had a really good laugh —
or at least a chuckle or two!
LEO AGENCY LIMITED
LEGAL RECRUITMENT
1/2 USUAL RECRUITMENT
FEES
Leonie Queree, Legal Executive
Phone: 021 205 7342
[email protected]
Practice Notice
Conveyancing Practice for Sale
A well-established conveyancing practice is for sale due to
retirement of sole practitioner.
Long-term lease available of modern spacious premises in the
heart of a busy town 20 minutes from Christchurch city. A great
opportunity to expand a viable business with a strong client base
in a fast-growing area.
Email expressions of interest to:
[email protected]
Programme
Proudly sponsored by
NZLS Continuing Legal Education (CLE
Limited)
To register and for other information
check the CLE website,
www.lawyerseducation.co.nz
Christchurch
February 2014
11 — Seismic Issues for Property
Transactions.
12 — Family Law Reforms — fundamental
changes.
25 — Paperless Office.
March
3 — Expert Witnesses — when and how to
engage them.
10 — Natural resource development within
the EEZ: understanding new commercial
and environmental frontiers.
12 — Commerce Act Changes, Webinar.
17 — Immigration and Protection Tribunal.
18 — Trust Account Administrators.
24 — Time Mastery for Lawyers.
Out of Christchurch
Current issues in leaky home litigation,
Auckland 10th December.
11
2
12
Canterbury
Canterburytales
tales
JPs day out a real mystery
By Maddy Thwaites
and Robbie McCrea
The Junior Practitioners’ Committee
hosted their annual mystery wine
tour on Saturday 19 October on
what turned out to be an absolutely
glorious Canterbury spring day.
As you can see from the photos, there was
much fun had by all. We kicked off the day
with breakfast and drinks at St Asaph Street
Kitchen before approximately 50 of us boarded
our double-decker bus for a day of Waipara
wine, sunshine, some (bad) dancing, and new
friends. And wine.
After an hour or so of congenial networking
we arrived at our first mystery destination, the
Old Leithfield Hotel. We set up camp in the
outdoor courtyard, stealing slivers of shade
amongst leafy grape vines, while we ordered
the first (ish) round of drinks for the day, and
got stuck into anti-pesto platters, deep fried
goodies and club sammies. We moved on with
our stomachs lined for the day of wine ahead!
From here we stopped at the Waipara Hills
(formerly Mud House) for a very educational
wine tasting session from our very enthusiastic
host. From memory (which is slightly hazy),
we sampled (amongst others) Sauvignon Blanc
and Riesling, plus a beautiful red which I cannot
quite remember the name of.... All very
delicious!
Some obligatory photos were taken by the
entranceway sculpture, frisbee was played, and
a water feature provided reprieve (for some)
from the heat. We proceeded to our final
mystery location in what was by now a very
convivial summer haze.
Torlesse Estate was the final stop on our
Waipara tour, and like any good finale, we had
saved the best for last. We sampled various
wines here with much enjoyment — the staff
really embraced our enthusiasm for wine and
by then, we were very vocal about this.
A lovely port rounded off our “tastings” for the
day and it is fair to say they ended on a high,
with flushes of blackberry and plum, note. It
was a beautiful, hot and sunny day, and I think
I speak for all when I say that we were sad to
leave.
We finished up back at Winnie Bagoes, in time
for happy hour and pizza, where I believe a
number of JPs continued well into the a.m.
We had a fantastic day, and despite the
sunburn, (unexplained) bruising, terrible broaddaylight dancing (which is almost never ok),
and inescapable post-wine headaches, the JP
Committee will definitely be hosting this event
next year.
The final JPs event for the year will be the
Christmas Boardroom Bash, to be held at
Saunders & Co’s plush new boardroom in
Victoria Street. We are extremely grateful to
Saunders & Co for providing us with a venue
to host this event, and look forward to seeing
as many JPs as possible for a fabulous finale
to what has been a very social year for the JPs.
We hope to see as many of you there as
possible.
More photos Page 10