The monthly newspaper of the C OUNCIL B RIEF Council Brief Advertising [email protected]Reynolds Advertising DECEMBER 2011 ISSUE 410 ❑ President’s Column By Nerissa Barber SUMMER has officially com- menced. Soon it will be the Christmas and New Year festive season and, hope- fully, time for a holiday. What a year it has been! There are many highlights. One of my mine was meeting our lovely and stylish counterparts from the Parisian Bar Association during the Rugby World Cup, at events organised by our Young Lawyers Committee. I also enjoyed watch- ing our Old Boys’ºUniversity Rugby Club, and the television coverage of the All Blacks’ win against the French. But for many of us, 2011 has been a time of change and chal- lenge. Most of us have been affected by change in some way, whether by the legal aid changes, the review of the Family Court, the tender for Government legal advice, or some form of organisational restructur- ing. Throughout all this I have been impressed with the construc- tive and informed comments mem- bers of our profession have contributed to these processes. It has also been a time of change at the Branch. This month we fare- well our Branch Manager, Colleen Singleton. Colleen is leaving us for some exciting overseas travels. As many of us remember, Colleen originally joined the Law Society as executive director in 1985, and in 1995 left to head the Nursing Council of New Zealand. Colleen rejoined the Law Society in 2006, and was appointed our Branch Manager again in May 2010. On behalf of Council and Offic- ers, I thank Colleen for all her ter- rific work, energy, dedication and sage advice. We will miss her very much. We are looking forward to hearing all about Colleen’s travels. Catherine Harris joins us as the new Branch Manager. We are for- tunate to again have a Branch Man- ager of outstanding calibre. I wish you a joyful and relaxing Christmas and a prosperous New Year! Maungarongo ki te whenua, Whakaro pai ki ng tangata katoa. Peace on earth and good will to all. NEW Wellington Branch man- ager Catherine Harris was previ- ously chief executive officer for a small charity in Wellington where she had multiple roles including administration, fund-raising, pub- licity, marketing and liaison. An Aucklander for much of her life, she has been in Welling- ton now for three years and says she has adopted Wellington as her new “favourite place”. She has also been area man- ager for the Citizens Advice Bu- reau Auckland City, and taught business communication at AIS St Helens, a private education provider catering mainly to over- seas students. She has also undertaken two Volunteer Service Abroad as- signments in Africa. In 2005 she was in northern Tanzania where she was assist- ing an executive to run a cham- ber of commerce. She was based in Arusha, the gateway to the Serengeti, and was able to spend much of her free time in safari parks. In 2001 to 2003 Catherine was in the eastern highlands of Zimbabwe which she says was a “life-changing experience”. She was working with local people establishing income-generating projects in an area of communal lands where many people were subsistence farmers. The area is in the midst of the Marange dia- mond fields, the largest dia- mond find in recent times and one of the sources of so-called “blood diamonds”. She is looking forward to get- ting to know members of the Society and dealing with a much larger organisation than she has been used to. The Wellington Branch office will close on Thursday 22 December and reopen on Monday 9 January 2012. Members of the Wellington Branch Council, staff, and the Editor of Council Brief, wish all members season’s greetings and best wishes for 2012. Branch office Christmas closure Wellington Branch has new manager Catherine Harris Highlights of challenging year THE Samoa Law Society recently held a three-day seminar in Apia to cel- ebrate the 35th anniversary of its establishment. I was able to attend the seminar as part of a recent work secondment to the Office of the Attorney General in Samoa. The full programme in- cluded discussion papers reminiscing on the law in 1976 at the time of the So- ciety’s establishment and hot topics of the day. One paper examined the social impact of the law on lawyers in Samoa, addressing the pressures of modern-day prac- tice. It called for members to consider the impact of stress on the profession and advo- cated the need for professional counselling. Practising well is one of the key priorities of this year’s business plan of our Branch Council and our practising well group has started to tackle ways our members can both receive support and help one other. The final paper at the seminar was a tribute to the late Dr George Barton QC. His contri- bution to Samoan law was particularly sig- nificant in the advancement of Samoan citizenship rights. Samoa Law Society celebration In his final address, the president of the Society, Mr Raymond Schuster, reflected on the importance of continuing legal education as an integral part of a lawyer’s professional development and growth of the profession. This was a timely reminder to me of how programmes of education and training in- crease competency within the profession. Such matters will confront our Society when we consider the implementation of a manda- tory scheme of continuing professional development. The celebrations in Samoa concluded with a ball that was enjoyed by all and was a fitting way to end the festivities. Mark Wilton with, left, Aumua Ming Leung Wai, Attorney-General of Samoa, and Raymond Schuster, President of the Samoa Law Society. By Mark Wilton, Vice President Wellington Branch Council • Cloud computing 3 • Admissions 4 • UN internships 8 In this issue: ROGER MILLER, managing partner at Maude & Miller, has been named as the 2011 Porirua City Business Person- ality of the Year. He received the award for his longstanding support of business and the wellbeing of the city at the recent Porirua Business Excellence Awards. Mr Miller was named Wellingtonian of the year in the business category in 2005 and is the Law Society nominee on the Porirua Foundation. Lawyer is Porirua business personality of year WELLINGTON Law Society members were among the ap- pointment of 23 Visiting Jus- tices, announced recently by Justice Minister Simon Power. The Wellington members are Gina de Graff, Lance Pratley and Neville Trendle. Local Justices of the Peace Hewitt Humphrey and Dame Dawn Lamb DBE were also ap- pointed. Visiting Justices have the authority to hear charges and appeals relating to offences against prison discipline, the treatment and conduct of prison inmates, and to inquire into al- leged abuses in prisons. Appointment of Visiting Justices
Soon it will bethe Christmas andNew Year festiveseason and, hope-fully, time for aholiday.
What a year it has been!There are many highlights. One
of my mine was meeting our lovelyand stylish counterparts from theParisian Bar Association duringthe Rugby World Cup, at eventsorganised by our Young LawyersCommittee. I also enjoyed watch-ing our Old Boys’ºUniversityRugby Club, and the televisioncoverage of the All Blacks’ winagainst the French.
But for many of us, 2011 hasbeen a time of change and chal-lenge.
Most of us have been affected bychange in some way, whether bythe legal aid changes, the review ofthe Family Court, the tender forGovernment legal advice, or someform of organisational restructur-ing. Throughout all this I havebeen impressed with the construc-tive and informed comments mem-bers of our profession havecontributed to these processes.
It has also been a time of changeat the Branch. This month we fare-well our Branch Manager, ColleenSingleton. Colleen is leaving us forsome exciting overseas travels. Asmany of us remember, Colleenoriginally joined the Law Society
as executive director in 1985, andin 1995 left to head the NursingCouncil of New Zealand. Colleenrejoined the Law Society in 2006,and was appointed our BranchManager again in May 2010.
On behalf of Council and Offic-ers, I thank Colleen for all her ter-rific work, energy, dedication andsage advice. We will miss her verymuch. We are looking forward tohearing all about Colleen’s travels.
Catherine Harris joins us as thenew Branch Manager. We are for-tunate to again have a Branch Man-ager of outstanding calibre.
I wish you a joyful and relaxingChristmas and a prosperous NewYear!
Maungarongo ki te whenua,Whakaro pai ki ng tangata katoa.
Peace on earth and good will to all.
NEW Wellington Branch man-ager Catherine Harris was previ-ously chief executive officer for asmall charity in Wellington whereshe had multiple roles includingadministration, fund-raising, pub-licity, marketing and liaison.
An Aucklander for much ofher life, she has been in Welling-ton now for three years and saysshe has adopted Wellington asher new “favourite place”.
She has also been area man-ager for the Citizens Advice Bu-reau Auckland City, and taughtbusiness communication at AISSt Helens, a private educationprovider catering mainly to over-seas students.
She has also undertaken twoVolunteer Service Abroad as-signments in Africa.
In 2005 she was in northernTanzania where she was assist-ing an executive to run a cham-ber of commerce. She was basedin Arusha, the gateway to theSerengeti, and was able to spendmuch of her free time in safariparks.
In 2001 to 2003 Catherinewas in the eastern highlands of
Zimbabwe which she says was a“life-changing experience”. Shewas working with local peopleestablishing income-generatingprojects in an area of communallands where many people weresubsistence farmers. The area isin the midst of the Marange dia-mond fields, the largest dia-mond find in recent times andone of the sources of so-called“blood diamonds”.
She is looking forward to get-ting to know members of theSociety and dealing with a muchlarger organisation than she hasbeen used to.
The Wellington Branch office will close on Thursday 22December and reopen on Monday 9 January 2012.
Members of the Wellington Branch Council, staff,and the Editor of Council Brief, wish all membersseason’s greetings and best wishes for 2012.
Branch office Christmas closure
Wellington Branchhas new manager
Catherine Harris
Highlights of challenging year
THE Samoa Law Societyrecently held a three-dayseminar in Apia to cel-ebrate the 35th anniversaryof its establishment.
I was able to attend theseminar as part of a recentwork secondment to theOffice of the AttorneyGeneral in Samoa.
The full programme in-cluded discussion papersreminiscing on the law in1976 at the time of the So-ciety’s establishment andhot topics of the day.
One paper examined thesocial impact of the law on lawyers in Samoa,addressing the pressures of modern-day prac-tice. It called for members to consider theimpact of stress on the profession and advo-cated the need for professional counselling.
Practising well is one of the key prioritiesof this year’s business plan of our BranchCouncil and our practising well group hasstarted to tackle ways our members can bothreceive support and help one other.
The final paper at the seminar was a tributeto the late Dr George Barton QC. His contri-bution to Samoan law was particularly sig-nificant in the advancement of Samoancitizenship rights.
Samoa Law Society celebration
In his final address, the president of theSociety, Mr Raymond Schuster, reflected onthe importance of continuing legal educationas an integral part of a lawyer’s professionaldevelopment and growth of the profession.
This was a timely reminder to me of howprogrammes of education and training in-crease competency within the profession.Such matters will confront our Society whenwe consider the implementation of a manda-tory scheme of continuing professionaldevelopment.
The celebrations in Samoa concludedwith a ball that was enjoyed by all and was afitting way to end the festivities.
Mark Wilton with, left, Aumua Ming Leung Wai,Attorney-General of Samoa, and Raymond Schuster,
President of the Samoa Law Society.
By Mark Wilton, Vice President Wellington Branch Council
• Cloud computing 3
• Admissions 4
• UN internships 8
In this issue:
ROGER MILLER, managing partnerat Maude & Miller, has been named asthe 2011 Porirua City Business Person-ality of the Year.
He received the award for hislongstanding support of business and
the wellbeing of the city at the recentPorirua Business Excellence Awards.
Mr Miller was named Wellingtonianof the year in the business category in2005 and is the Law Society nomineeon the Porirua Foundation.
Lawyer is Porirua business personality of year
WELLINGTON Law Societymembers were among the ap-pointment of 23 Visiting Jus-tices, announced recently byJustice Minister Simon Power.
The Wellington membersare Gina de Graff, LancePratley and Neville Trendle.
Local Justices of the PeaceHewitt Humphrey and DameDawn Lamb DBE were also ap-pointed.
Visiting Justices have theauthority to hear charges andappeals relating to offencesagainst prison discipline, thetreatment and conduct of prisoninmates, and to inquire into al-leged abuses in prisons.
Appointment ofVisiting Justices
Page 2 – COUNCIL BRIEF, DECEMBER 2011
You can use this diagram for either the Quick or Cryptic Clues, but the answersin each case are different. This month’s solutions are on page 7.
Cryptic CluesDOWN2. It’s true I alter a variety of printed matter (10)3 & 20 Dn. What can be obtained from sole distribu-
tors! (4-4)4. Scratched, but collected points (6)5. Think the advertisement outside created a di-
version (6)6. Could this sort of play have a crooked plot? (8)7. Sounds like one who listens to the goddess (4)11. Limited the others with direct arrangement (10)13. This may provide a flower spray in the garden
(4-4)16. About to shape a policy for improvement (6)17. Sun spot providing comfort (6)18. Adopt an attitude to set somebody a problem
(4)20. See 3 Down
ACROSS1. This will fix the pitch - it’s almost split (4)8. Mad reason for rail-stock (10)9. Plates made to suit the palate (8)10. Part of Nassau radiates a particular atmos-
phere (4)12. Crazy about the girl affected by a crush! (6)14. Completely assimilate a summary (6)15. The man who holds the money-bags on
board? (6)17. Rocket an astronomical distance from the
Earth (6)18. Make a sly observation both ways (4)19. This sort of portrait is completely counte-
nanced (4-4)21. In the main, these are disastrous losses (10)22. Don’t reveal the sources of leather (4)
February 22-24 2012– 4th InternationalProblem Gambling Conference, Auckland.Gambling & Addictions Research Centre,AUT & Problem Gambling Foundation NZ.www.internationalgamblingconference.comFebruary 23 2012 – Corporate, FinancialMarkets and Financial Services Regulation,Legal Research Foundation, [email protected] 6-7 2012 – Knowledge managementfor the legal profession, Sydney.www.arkgroupaustralia.com.auMarch 6-7 2012 – Third Annual Public Sec-tor Legal Officers Conference, Canberra.www.liquidlearning.com.auMarch 8-11 2012 – International JusticeConference, Perth.www.internationaljusticeconference.comApril 19-22 2012 – Commonwealth Law As-sociation regional conference, Sydney. Thechanging role of the legal profession:emerging democracies and globalisation.www.commonwealthlaw2012.orgApril 22-24 2012 – Law and Technology:Privacy and Data Security in the Digital Age,Washington DC. www.worldjurist.orgApril 26-27 2012 – Fifth World WomenLawyers’ Conference, London. IBA WomenLawyers’ Interest Group Committee.www.ibanet.orgMay 10-11 2012 – CLANZ 25th Annual Con-ference, Queenstown. www.clanzonline.orgSeptember 30-October 5 2012 – IBAAnnual Conference, Dublin. www.ibanet.org
Internet resourcesThe Inner Temple Library now has a current awareness blogwhich provides up-to-date information on UK caselaw, leg-islation and legal news. The brief summaries include linkswhere possible to the full story or report. Definitely worthchecking out.Go to http://www.innertemplelibrary.com/
Commonlii http://www.commonlii.org/ I have talkedabout this website before and I would like to remind readersabout it. It gathers together the free legal information fromCommonwealth common law jurisdictions in one place. Itincludes caselaw, legislation, journals and treaties. There arealso pdfs of all of the cases reported in the English Reportscovering the years 1220-1873. Definitely a resource worthbookmarking and using.
Library newsThe Wellington Library will have a new library computer
server installed in January next year following more than sixyears of loyal service from the current server. There will besome changes to the menus on the public computers. Thiswill mean that the way you access material in all of the NZLSLibrary branches will be very similar from now on. As aconsequence of the installation process the computers anddatabases may not be available at some times during theweeks of 9-20 January 2012.
New booksA long brief: recollections of a crown solicitorAuckland: Collins KB10.L1 MER 1966
Arbitration – contemporary issues and techniquesWellington: NZLS KN398.L1 NEW 2011
Commissions of inquiry : praise or reappraise?Toronto: Irwin Law KM238.F1 COM 2003
Delegated legislation; three lecturesCambridge: Cambridge University Press 1921
Emissions trading scheme, Wellington : NZLSKN97.71.L1 NEW 2011
Erebus papers : edited extracts from the Erebus proceed-ings with commentary, Auckland: Avon PressKN327.L1 ERE 1991
Fairness and incentives: economics and law reformWellington: Victoria University Press for the Institute ofPolicy Studies KA70.E2.L1 DUG 1990
Good faith and insurance contractsLondon : Lloyd’s List KN290.3.A1 EGG 2010 3rd ed
Income tax planning and principles: being an examinationof some New Zealand taxing statutes and an analysis of NewZealand tax tables, Wellington: Butterworths 1963Introduction to the law of contractsLondon:Sweet & Maxwell 1948Just Jane, Mahau Sound, N.Z.: J Duncan 1996
Land acquisition: an examination of the principles of lawgoverning the compulsory acquisition or resumption of landin Australia, LexisNexis 2009 6th ed
Manual of Law French [Amersham] England: AveburyPublishing KL40 BAK 1979
New Zealand competition law and policyAuckland : CCH KN266.L1 SUM 2010 (On order)
New Zealand judicial review handbook, Wellington :Thomson Reuters KM306.L1 SMI 2011 (On order)
New discovery rules, Wellington : NZLSKN386.L1 NEW 2011
B Y E V H S N M
2 It is white’s turn to move.What should white do?
Updated internet resourcesBy Robin Anderson, Wellington Branch Librarian
❑ Library News
New Zealand Police v K – 21 October 2011 – CA 320-2011– Stevens, Ronald Young JJ CARE OF CHILDRENSuccessful appeal by New Zealand Police against HC deci-sion to quash two convictions for breaching s78 Care ofChildren Act 2004, which made it an offence to contravenea parenting order – HELD: HCJ erred in law in relation tothe correct interpretation of an element of the offence unders78 Care of Children Act 2004; namely the intent to preventa parenting order from being complied with – s78 wasinelegantly drafted – there was no intention within s78 tointroduce a requirement that the prosecution prove themotive of a defendant charged with contravening aparenting order – prosecution was required to prove knowl-
edge of the terms and conditions of the relevant parentingorder and an intentional, i.e. deliberate, act or omissioncontravening or preventing compliance with the parentingorder. Once such elements of the offence were established,it would still be open for a defendant to demonstrate thatsuch conduct occurred with reasonable excuse – chargesshould not have been quashed – findings in DC that therewas no reasonable excuse and an intent to prevent theparenting order being complied with were a sufficient basisfor a conclusion that the charge was proved beyond reason-able doubt – appeal allowed – appeal had been brought as atest case. Appropriate outcome was that appellant was nowconvicted and discharged.
Tuesday 21 FebruaryBuying a Property in 2012, NZLS CLE Seminar.NZICA Convention Centre. 1-5pm
Thursday 23 FebruaryCourts and Tribunals Committee seminar on Effective Written and OralCommunication, High Court Jury Assembly Room, 5.30 for 6-7.30pm
❑ Continued on page 6
THE Wellington Branch NZLS holds the CVs of lawyers and peoplepreparing for admission who are looking for employment. If you arelooking for a researcher or a new employee (part time or full time) contactthe Branch to see whether we can match up a candidate with the skills youare looking for.
CATHERINE RODGERS isManager (Policy) in the Officeof the Clerk of the House ofRepresentatives.
Before moving to Parlia-ment three years ago into therole of Legislative Counsel,she worked for 18 years as alitigation lawyer, including insenior roles at Simpson Grierson, as a prosecutorat the Ministry of Fisheries, and in the Office ofHuman Rights Proceedings. In the latter, as As-sistant-Director of Human Rights Proceedings,she litigated complaints of discrimination againstboth private sector and public sector agencies.Cases of note include the Talleys Fisheries equalpay case and the Child Poverty Action Group case.
Catherine completed a Masters of Law fouryears ago in human rights and international law.She retains a strong interest in human rights law,although in her current role her interest has movedto the legislative process, including strengtheningrights scrutiny of bills and delegated legislation.
She is a past convenor of both the Auckland andWellington Women Lawyers’ Associations. She isa member of the Women in Law and HumanRights committees for the Wellington BranchCouncil.
❑ Council Member Profiles
Annette Gray Cathy RodgersANNETTE GRAY is a fam-ily court practitioner with 25years experience. She is oneof two partners at BuchananGray.
Annette was admitted tothe bar in 1986 and has formost of that time practised inlit igation in Wellington,
Porirua and the Hutt Valley.She has a broad Family Court experience in
all aspects of family law but has a particularinterest in rights based law.
Annette has been appointed as a Lawyer forChild on numerous cases since 1994 and also asLawyer to represent people in protection of per-sonal and property rights cases. She has a broadexperience in all kinds of property transactionsincluding domestic conveyancing and familytrusts. She has a particular interest in relation-ship property, and is also a District Inspectorunder the Mental Health Act.
Annette spent a year with VSA working inthe Solomon Islands as legal counsel for a fam-ily support centre.
Annette Gray serves on the Employment LawCommittee for the Wellington Branch Council,New Zealand law Society.
THE personal computer broughtabout enormous change in how tomanage information in a business.The need to share informationacross multiple computers led tothe local area network (LAN), al-lowing PCs to be interconnected.The emergence of the internet inthe 1990s, gave us access to infor-mation en masse, yet we don’tknow nor care where the source ofthat information is located.
The information shared within abusiness computer network is gen-erally stored and shared using a‘server’. We run software on ourPCs and store information on aback-room server so it can beshared and accessed by others.Take the information stored on thisserver and transfer it to adatacentre, purpose-built with hun-dreds of such servers, and accessedover the internet, then you have thebasic concept of ‘cloud comput-ing’.
There are several forms of cloudcomputing;Web accessed applications Oftenreferred to as ‘software as a serv-ice’ (SaaS), these are services de-signed for a specific applicationsuch as payroll, accounting, CRM(client relationship management).Examples include iPayroll, XeroAccounting, Saleforce.com.Client/Server applications Thesegenerally require a software appli-cation to be installed on your PCthat will access the shared datawithin a datacentre using theinternet. A simple example of thisis email. You run email software onyour PC to access an email serverover the internet.
Application hosting Involves tak-ing a traditional application, not de-signed for running over theinternet, and running it on a serverin a datacentre that is then able to‘mirror’ the software operation asthough it was running on your PC.Desktop hosting Involves taking allyour applications and running themon a datacentre server, ‘mirrored’to your PC, so you can access yourcomplete business desktop fromany PC anywhere in world and se-curely have access to all your busi-ness information and applications.Infrastructure hosting Also knownas ‘infrastructure as a service’(IaaS), where components of yourcomputer network can be providedby a hosting service, such as on-linedata back-up, data archiving, on-line data storage and disaster recov-ery services.Platform as a service (PaaS) In-volves having access to completesystem server hardware, softwareand network elements provided ona rental-as-required basis. This isgenerally used by software devel-opers for testing or prototypingsoftware.
Why use cloud computing?Owning your own computer net-
work is a bit like using your ownwater tank rather than using thetown supply. It requires a largecapital investment in computerhardware, software and expertise tomanage and maintain it. Usingcloud computing generally just in-volves a low monthly payment withall other aspects such backups, up-grades etc taken care of by the pro-vider. This is possible simplythrough economy of scale.
Since the service is deliveredover the internet you also have ac-cess from nearly anywhere in theworld.
It greatly simplifies the level oftechnology required in the busi-ness, allowing you to focus on yourbusiness rather than the complexityof the technology involved.
Business data on the internet – isit secure?
Security is clearly a key concernwhen dealing with the internet. Theproviders of these services and theirdatacentres use highly secure meth-ods and systems to ensure the secu-rity of customers’ data. Thesecurity of a datacentre is often sig-nificantly higher than what evenenterprise level business are able toachieve; they use enterprise-levelfirewalls, data encryption, and highlevels of physical security and sur-veillance monitoring. Be sure toseek assurances of how a serviceprovider will ensure the security ofyour data before giving them con-trol of your business information.
Local or off-shore servicesIt may or may not be important to
consider where your service pro-vider is located and so where yourdata will be located. If you are con-cerned that your data might be ac-cessible to overseas governments ororganisations then you may want tokeep your data within reach. Or-ganisations such as Google,Microsoft and Salesforce.com pro-vide cloud services at a very afford-able cost, but have their datacentresoff-shore. While it’s most unlikelythat overseas organisations wouldwish to access your business data itremains that, if they so wished, they
have the ability and authority to doso. While such organisations willtake every care to ensure the integ-rity of your data, they will also to-tally contract themselves out of anyliability or responsibility should theylose your business data for any rea-son. Be sure to question any provideron where your data will be located,who would have access to it, andhow its integrity can be ensured.
The advent of cloud computingprovides New Zealand businesseswith the opportunity to have highlyefficient and effective informationmanagement systems without theenormous capital costs often asso-ciated with such systems. It also
‘Cloud computing’ and your business – its utility and securityBy Paul McQuinlan, Managing Director, LANtech Limited
provides small and medium-sizedbusinesses with the ability to easilyexpand their businesses and operatesmall branch offices without thecomplexities normally associatedwith such computer networks.
Clearly, there are challenges andtrade-offs. As with any utility serv-ice model, they are not always theperfect fit, but the advantages interms of cost, accessibility and thefreedom to focus on your businesswill more often than not outweighany disadvantage.
❑ Paul McQuinlan spoke on ‘cloud com-puting’ at an Independent PractitionersCommittee seminar in November.
SUCCESSFUL people often pointto having a mentor as being a keyto their success. Mentors are notsimply another colleague to meetfor coffee but take on the roles ofsounding board, adviser, and coachfor the mentee.
Wikipedia says that in Greekmythology Mentor was a friend ofOdysseus who placed both Mentorand Odysseus’ foster-brotherEumaeus in charge of his sonTelemachus when he left for theTrojan War. Wikipedia gives someexamples of famous mentoring re-lationships. According to thissource: Aristotle mentored Alexan-der the Great, Johann ChristianBach mentored WolfgangAmadeus Mozart, LaurenceOlivier mentored AnthonyHopkins, James Baldwin mentoredToni Morrison, and BobbyCharlton mentored DavidBeckham.
Closer to home Janet Frame de-scribed Frank Sargeson as hermentor and George Barton QC wasrecently publicly remembered as a“mentor to many”.
Some of us are fortunate andhave been or are being mentored bya senior colleague in our workplaceor who practises in the same area oflaw as us. In recognition of the keyrole mentoring can play in profes-sional development some profes-sional groups offer mentoringprogrammes to those who do nothave this opportunity. The Medical
Council does so. Some law firmsoperate mentoring programmes fornew staff. As well, for severalyears in our district, the WellingtonWomen Lawyers’ Association hasrun a mentoring programme whichpairs senior and intermediate law-yers with less experienced lawyersand law students.
A mentoring relationship is vol-untary, confidential, and structured.The parties agree on how often theywill meet and what the nature of therelationship will be. For example, itmay involve coaching and/or assist-ing with networking and/or workingthrough professional issues. Impor-tantly, the relationship can be endedon a no-fault basis if it does notwork out.
The Council is considering set-ting up a mentoring programme forWellington practitioners. As a firststep we will be holding lunchtimeworkshops in the New Year wheresenior practitioners who have beenmentors will talk about their experi-ences doing so.
Following the workshops wewill seek feedback from membersabout whether a mentoring pro-gramme is needed and workable.
Mohammed Ayub Sadiq, his children Gulshan (left) and Haroon,with Wellington Branch manager Colleen Singleton. Mohammedhas practised law in Accrington, UK, for 15 years and now plans
to practise in New Zealand.
The family of Monique Va’ai travelled from Samoa to be with her at her recent admission: her mother DrEmma Kruse Va’ai, father senior district court judge Va’ai and brother Jay Va’ai.
Amanda Frank with her mum Gai Frank.
Applicant Andrew Phillips (send from left) with Maxine and Paul Phillips and Ashley Immers.
Applicant William Barker, second from right, with Gaynor Barker,Derrel Barker (right) and Alex Barker.
Applicant Brendan Herder, second from right, with Genevieve Herder,Wiebe Herder and Elyse Oldham.
Applicant Libby Major (middle) with Mary and Phil Major.
Candidates admitted to the Barat ceremonies on 2 December 2011
Trushil Jairam BudhiaGeetanjali Swati BhimLeigh Amanda BurgessSimon Robert DunkerleyRebecca Cassie EastwoodDaniel Robert FieldingWenqi GaoJonathon Patrick GriffithSarah Margaret KeastAlice Claire KrzanichHarriet Margaret Eleanor LeathartElizabeth Kathryn Mary MajorRachel Nicola PatersonLili ShiAbby Tia Tearle
Monique Emma Va’aiBenjamin Michael WakelyAshleigh AllanSharon Marie CaseyRachel Marie CollingsAmy Natasha DouglasJonathan Munro FalconerAmanda Louise FrankElizabeth Frances GayMelissa Jane HammerAmberley JamesChristopher Adam Carrig JuchnowiczSarah Elizabeth KuperSarah Anne McKinnonDavid James McLellan
Mika Sarah ReillyEllen Grace ThomsonBrendan Wiebe HerderWilliam Derrel BarkerMohammed Ayub SadiqJerome ChapmanSarah Louise GoodallMokonuiarangi Guy KingiYi-Shen LauJessica Audrey LawtonEileen Clodagh MoughanAndrew Paul PhillipsJeremy Stephen PurtonJames Alexander Roach
mier award in recognition of hisoutstanding contribution.
Arthritis New Zealand’schief executive Sandra Kirbysaid the appointment acknowl-edges Alan Henwood’s long-standing association with theorganisation, and the leadershipand strategic skills he contrib-utes to the governing body.
“Alan has made an outstand-ing contribution to Arthritis
New Zealand. By electing himpresident, the members have en-sured that the society will con-tinue to benefit not only fromAlan’s business skills and exper-tise, but also from his empathyfor people with arthritis and hiscommitment to ensure the ongo-ing success of our organisation,”she said.
Alan is a director of specialistWellington law firm StephensLawyers and has had a long as-sociation with the health sector.He has also represented anumber of charitable and volun-tary organisations, and has beenthe honorary solicitor for theWellington Night Shelter Trust.
Arthritis New Zealand is thenational organisation for peoplewith arthritis. An incorporatedsociety with charitable status, itsGoverning Body members repre-sent the interests of the organisa-tion’s members and volunteersand of the wider community, in-cluding its donors and supporters.
Alan Henwood
Wellington lawyerArthritis NZ president
DAVID TURNER is the2011 winner of the NewZealand Law FoundationCleary Memorial Prize,awarded to young lawyerswho show the most prom-ise of service to, andthrough, the legal profes-sion.
David is clerk toSupreme Court JusticeBlanchard, assisting himwith many significant judgements.As well as a raft of legal prizes tohis credit, he balances professionalsuccess with extensive profes-sional and community work in-cluding the Wellington YoungLawyers’ Committee, ProfessionalPathways, Red Cross, UN YouthNew Zealand, debating, singing,drama and performance.
He has recently taken over asconvenor of the WellingtonBranch Young Lawyers’ Commit-
tee and as their repre-sentative on theBranch Council.
He plans to use theprize to help fundstudy for an LLM at amajor American uni-versity – and beyondthat, a career in law,and maybe politics.
While he won’tknow for some months
whether he’s been accepted toHarvard or Yale, David says theCleary Prize lends both financialsupport and prestige to his applica-tion, by showing that his manyachievements have been recognisedby New Zealand’s legal community.
He says legal knowledge hasgreatly assisted with his commu-nity work – this has included mobi-lising young Wellington lawyers toraise $10,000 in a street appeal forthe Christchurch earthquake, as
David Turner
Young lawyer rep wins Cleary Memorial Prize
Lawyer Margaret Doucas, left, and Therese Gattung, part-owners of Eve’s Attic, with Wellington Branch Councilmember Amanda Courtney and lawyer Julia Robertson, at a recent evening when women lawyers were invited tobrowse among the range of donated clothing from top New Zealand and international brands. Proceeds went
to charities: Youthline, Rape Crisis, HUHA, Kaibosh and New Horizons for Women.
well as greeting Christchurch earth-quake “refugees” at the airport andensuring they were looked after.
The Cleary Prize honours thememory of Sir Timothy Cleary,past president of the WellingtonDistrict and New Zealand Law So-cieties and a Court of Appeal judgeuntil his death in 1962. It recog-nises the example Sir Timothy’sown life set for young people enter-ing the profession.
In 2008, the Law Foundationtook over administration of theaward from the New Zealand LawSociety who had administered itsince 1964. The original intent ofthe prize was retained and the valueincreased to $5,000.
Applications are open to anybarrister and/or solicitor of theHigh Court of New Zealand admit-ted during the three year periodending on 31 August of the year ofthe award.
Photo: Rachael Breckon
CHIEF District Court JudgeJan-Marie Doogue gave fasci-nating and inspiring insightsinto the current and historicalposition of women in the judi-cial system and the challengesshe sees ahead.
She spoke to around 60women lawyers at a lunch-time seminar at the Law Soci-ety in Wellington onThursday 24 November.
Appointed as Chief Judgeon 1 September this year,Chief Judge Doogue ap-proached the Women in LawCommittee and asked if shecould speak to Wellingtonwomen lawyers.
Wellington Branch PresidentNerissa Barber said that the ChiefJudge combined humour withstimulating thoughts, and all soclearly and impressively delivered.
“We are very fortunate to have awoman like Chief Judge Jan-MarieDoogue in a top leadership role.”
Judge Doogue was appointed aFamily Court Judge in 1994 and waswarranted as a jury trial Judge in2007. Before her appointment asChief Judge, she was the NorthernRegion Executive Judge, and also anAlternate Environment Court Judge.
Before joining the District Court,she was a partner in two Aucklandlaw firms. In the two years immedi-ately before her appointment, shepractised as a barrister sole.
New Chief Judge speaks to women lawyers
In 2009, Judge Doogue served asPresident of the Commission of theHague Private Law Conference(Child Support Convention), and fora period in 2010 she was the ActingChief District Court Judge.
When introducing Chief JudgeDoogue Ms Barber said Her Honourhad been appointed “at a time of par-ticular challenge”, this includes re-storing the court system inChristchurch, dealing with court re-views and leading implementation ofreform in Auckland.
Photo: Agnes Ginestet / Cook Strait News
Chief District Court Judge Doogue
By Rachael Breckon
THE Wellington Branch NZLSholds the CVs of lawyers andpeople preparing for admissionwho are looking for employment.If you are looking for a re-searcher or a new employee (parttime or full time) contact theBranch to see whether we canmatch up a candidate with theskills you are looking for.
Need staff? CVsavailable at
Wellington Branch
Page 6 – COUNCIL BRIEF, DECEMBER 2011
By Professor Tony Smith,Dean of Victoria University’s Law School
Professor Tony Smith
VUW LAW FACULTY
MADESIGNm
Answers for puzzles from page 2
1 K and P: the left hand column,starting with B goes up thealphabet in steps of three; theright hand column, starting withY, goes down the alphabet insteps of three; alternatively, ifeach letter is numbered 1 to 26starting with A, each pair of lettersadds up to 27.
2 The famous grandmaster Najdorf,playing white against an unknownopponent at Rafaela in 1942,found mate in four moves: 1 Qh5!Bxd5 (prevents 2 Qxf7#) 2 RxBd5QxBd5 (prevents 3 Qxf7#) 3Qxf7+ QxQf7 (forced) 4 Nd7#.
I AM writing mylast CouncilBrief column forthe year in HongKong airport(the architecturalsimilarities withthe CambridgeLaw Faculty are
striking – both are the work of LordFoster).
I am on the way back from giv-ing a paper at a conference in Lon-don honouring the memory ofGlanville Williams, born in 1911,100 years ago. He was a greatscholar of the common law, writingextensively in fields such as tort,contract, jurisprudence (he was aneditor of Salmond’s book) and pub-lic law before deciding, at the ageof fifty, that he would thereafterdevote himself to the study ofCriminal Law, a subject that hecompletely transformed. It was theCinderella of the law calendarwhen he began – almost no caseshad been decided at the highestlevel. By the time he died in 1997,the intellectual difficulties of thecriminal law were regularly exer-cising the best legal minds, in theHouse of Lords and latterly the Su-preme Court. There is now ac-knowledgment that when theliberties of subjects are at stake, it isimportant that the law should be asfair, just and rational as humanagencies can make it, and thatturnaround is in no small part dueto the influence of Glanville.
The work for which he is bestknown, Criminal Law: The Gen-eral Part (first published in 1953)laid the groundwork for much ofthe scholarship that has come after,in particular the work of Sir JohnSmith and Brian Hogan, AndrewAshworth (the Vinerian Professorof English Law at Oxford, who will
be visiting Wellington next year inthe course of his tenure of the LawFoundation’s Distinguished Visit-ing Fellowship) and New Zealand’sAndrew Simester, who has co-authored books on both British andNew Zealand Criminal Law.Ashworth’s work concentrates onthe principles of the Criminal Law,whereas Simester (and his co-au-thors) concentrate on theory anddoctrine
Glanville was a sometimes con-troversial figure, particularly afterhe published his series of lecturesas The Sanctity of Life and theCriminal Law (1957) in which heargued for a more liberal law ofabortion, and for the legalising ofvoluntary euthanasia. As the recentassisted suicide prosecution in NewZealand illustrates, this is still amatter for anxious (and sometimesacrimonious) debate. One speakerat the conference cited philosophyprofessor Elizabeth Anscombe’sview that Glanville’s work was a“polemic”. Members of the confer-ence were somewhat bemused to betold about the provision in the NewZealand Education Act 1989 to theeffect that universities must act asthe “critic and conscience” of soci-ety (s 162(4)(a)(v), in case youwere wondering), and Glanvillewas always seeking to do that. Hestood squarely in the Benthamitetradition, not only in his deep com-mitment to utilitarianism, but in theastonishing flow of articles and lec-tures calling for reform of some as-pect of the substantive criminallaw, or its procedure or in the law ofevidence.
Many of these campaigns wereultimately successful, in whole orin part. A notable failure was themovement, begun in the mid-1960s, to promulgate a criminalcode. It was high on Glanville’s
agenda – indeed, he once told methat he regarded his work for thereform agencies, the Law Commis-sion and the Criminal Law Revi-sion Committee as his highestpriorities. Disappointingly, muchof that effort has been lost, as hap-pened with the work of the Crimi-nal Law Commissioners in Englandin the 1840s, and Stephen’s Code inthe 1880s. Some parts of the work,it is true, have been enacted. Theseinclude the Theft Act 1968 and theCriminal Attempts Act 1981, Butan attempt to enact the sections onthe mental element in crime havecome to nothing. The official lineis that the project is not dead butdormant. My suspicion is that themore likely status is “resting”, afterthe fashion of John Cleese’s parrot.
Many of the scholars at the con-ference were from the United Statesof America. Glanville’s work isheld in high esteem there too, al-though his utilitarianism is lookedat with some suspicion by the devo-tees of the work of George Fletcher,
whose Germanic/Kantian analysisof Anglo-American jurisprudencein Rethinking the Criminal Law(1976) introduced many of us to anentirely new conceptual frame-work. In particular, the elucidationof the distinctions between justifi-cation and excuse so familiar in“continental” jurisprudence hascaused Anglo-American criminallawyers to look again at the scopeof the defences of duress and neces-sity.
For me, then, the conference wasan intellectually stimulating con-clusion to the academic year as wellas an opportunity to remember animportant personal mentor.
Lively and productive Law FacultyAs readers of this column who
have access to Valum (the annualpublication of the Law Faculty)will be able to see in some detail,the Faculty has been very busy try-ing to live up to the “critic and con-science” mandate. Neither theWorld Cup nor the election coulddeflect my colleagues from their
tasks. It is invidious to single outparticular instances, but highlightsfor me include the Law Founda-tion’s Regulatory Reform Project;work on the prosecution of sexualoffending culminating in a book,From Real Rape to Real Justice:Prosecuting Rape in New Zealandand the Urgency Project, whichalso culminated in a book, What’sthe Hurry? Urgency in the NZ Leg-islative Process 1987-2010. Someof the recommendations whichwere trialled at a pre-publicationseminar have already been incorpo-rated into parliamentary practice.Finally, much of the material pro-duced by members of the Faculty isnow available on-line to scholarsthe world over, through the increas-ingly influential Social SciencesResearch Network, SSRN.
As is usual at this time of theyear, I take this opportunity to offerSeasons Greetings to you all andexpress the hope that you and yourswill find time and space to relax ineach other’s company.
Honouring noted thinker and writer on criminal law
The Courts and Tribunals Committee invite you to attend a seminar onwritten and oral submissions presented by Justice Kós and AssociateJudge Gendall. This seminar is intended to assist new practitioners tounderstand what Judges will expect, and to gain some insight intowhat Judges prefer.
The seminar takes place on 23 February 2012, arrive 5.30 for 6-7.30pm seminar time, High Court Jury Assembly Room, MolesworthStreet, Wellington. Time to mix and mingle over refreshments from7pm.
Cost – $10. Payment can be made by direct credit to bank accountnumber 020500 0947006 00 – please include your first and last nameand ‘Submissions’, or by cheque made out to the Wellington Branch,NZ Law Society, P O Box 494, Wellington 6140.
RSVP to Claudia Downey 04 472 8978 or [email protected] by Friday 17 February 2012.
Seminar on Effective Writtenand Oral Submissions
FEBRUARY SEMINAR
Niue: constitution, statutes and sub-sidiary legislation, 1996-1997 sup-plement, plus selected judgments ofthe Superior Courts of Niue and theNiue-USA Boundary DelimitationTreaty 1997Wellington: Victoria University ofWellington 1997
Not entirely legalChristchurch: Whitcoulls 1977
Niue: statutes and subsidiary legisla-tion, 1990-1996Wellington: A H Angelo & E Field1996
Principles of the law of contracts,London: Sweet & MaxwellKN10.A1 SAL 1927]
Public Works Act update, Wellington: NZLSKN96.3.L1 NEW 2011
Sale of land, Auckland : CathcartTrustKN73.L1 MAC 2011 3rd ed
❑ From page 2
Applications to Council
concerning conduct on the part of anyapplicant listed below that youconsider would have a bearing on thatperson’s application please write, inconfidence, to PO Box 494,Wellington by 21 December 2011. Ifno comments have been received bythat date, the applications will bereferred to Council for consideration.
9 December 2011The Council of the Law Society con-siders it appropriate that namesshould be published to the professionof applicants seeking to practise ontheir own account, seeking a Practis-ing Certificate pursuant to s41 of theAct, or a candidate seeking admis-sion.
If you have any comments to make
Candidates for admission as a barrister and solicitorCandidates for admission as a barrister and solicitor are required to produceto the Court evidence to establish that they are of good character and that theyare fit and proper persons for admission. The Law Society is required to certifythat it has made full enquiry and is satisfied that the candidate is of goodcharacter and that the Society’s Council knows of no objections to the grantingof the application for admission. To assist in this assessment, the Society seeksreferences from persons nominated by the applicant and also a certificate ofstanding from the Dean of the law school attended.
Applicants to Practise on Own AccountPursuant to section 30(1)(a) of the Lawyers and Conveyancers Act 2006,applicants seeking to practise on their own account are required to satisfy theCouncil that they are a suitable person to practise on their own account. Toassist in this assessment, the Society seeks references from persons, includingprevious employer(s), nominated by the applicant and conducts an interviewwith the applicant.
Sinclair, Moana Lynette Yates, Matthew Wallace
Bibby, Jessica DianneBlack, Lisa LefeverBoddington, Mark RobertBrown, Tyler JamesCarr, Alexander ThomasClifton, Jaimee LeeDick, Janet ElizabethFarrer, Beatrice HopeFrings, Laura-Lee
Gibson, Owen AndrewHarris, Max David NobleHawes, Michelle PatriciaKennerley, Aidan RichardKing, Alice MarieLeadbetter, Sarah RoseNaik, Monica DilipNorris, Claire LouiseO’Connor, Clare Kathleen Mercer
Osman, Robert CharlesNicholson, Daniel ArthurRood, Georgina LouiseShih, Chung-Ren (Jonathan)Sinor, Kai MorganSue, Janice SarahYoung, Harriet Jane
Valuations of shares in unlisted compa-niesWellington: New Zealand Society ofAccountantsKN263.L1 BLA 1990 2nd ed
Waitangi Tribunal advocacy intensive,Wellington : NZLSKM208.432.L1 NEW 2011
New books NZLS Wellington Branch Library Deadline forCouncil Brief
February 2012
January 24
COUNCIL BRIEF, DECEMBER 2011 – Page 7
COUNCIL BRIEFThe monthly newspaper of the
Advertising Rates: casual or contract rates on application. Telephone Robin
THE Immigration and Refugee Committee focuses on:• Monitoring developments relating to immigration and refugee law and pro-
moting discussion and education about them.• Promoting best practice and support of immigration practitioners within the
branch and in neighboring NZLS branches.• Identifying emerging legal and policy issues and liaising with the NZLS
national specialist committee about these nationally.• Liaising with various other bodies including Immigration New Zealand, the
New Zealand Law Society Immigration and Refugee Law Committee, ADLSImmigration and Refugee Committee, Victoria University of Wellington Fac-ulty of Law.
Over the past 12 months the committee has also been involved in:• A well attended open forum for Branch members in April with senior Immi-
gration New Zealand managers. This covered the relationship between practi-tioners and INZ and also immigration compliance and detention issues.
• A further open forum on 28 July 2011 with the Human Rights Commissionregarding UNCROC issues for school children of people unlawfully in NewZealand.
• Input into various policy issues dealt with by the national NZLS immigrationand refugee committee.
• A joint dinner with our Auckland colleagues during the Lexis Nexis Immigra-tion conference in Auckland in July 2011.
• A dinner with the Minister of Immigration Hon Jonathan Coleman and DeputyChief Exective, also attended by the Branch president Nerissa Barber inSeptember 2011.
• A successful Christmas lunch for immigration bar members, which has be-come something of the tradition with the committee. This was scheduled for 2December this yearOur first meeting for 2012 is on Thursday 9 February 2012. Thereafter
Committee meets monthly, usually on the fourth Thursday at 1pm and welcomesany interested Branch members.
By Richard Small, Convenor
Work of Wellington BranchImmigration and Refugee Committee
SINCE 1997, the Wellington Com-munity Law Centre’s Refugee andImmigration Legal Advice Service(RILAS) has provided information,advice and assistance to refugeeand migrant communities, familiesand individuals seeking to be reu-nited with family members.
Each year, we see 600-700 cli-ents through our free immigrationadvice sessions. At any one time,we have between 90 and 160 on-going refugee family reunificationcases, and a waiting list of at least30 clients. The service relies on acommitted pool of Wellington-based lawyers and law students.Without those people, many Wel-lington families from refugee back-grounds would never be reunitedwith their loved ones. Events likethe famine in the Horn of Africaincrease the demand for RILAS as-sistance, while at the same timemaking that assistance harder toprovide.
Many of our clients wanting toreunite with their families are fromthe Horn of Africa (Somalia, Kenyaand Ethiopia). The family membersthey are separated from are some-times still living in their homecountries; others have chosen toleave and to register themselvesand their families at variousUNHCR refugee camps throughoutthe region. With the endurance of adrought the United Nations has de-clared to be the worst to hit theregion in 60 years, the need to findbetter and faster solutions for refu-gees seeking resettlement has be-come more pronounced.
Somalia, with no functioninggovernment for over 20 years, hasalways been a source of clients forRILAS. During the current
drought, more than 920,000 refu-gees from Somalia have fled toneighbouring countries, in particu-lar Kenya and Ethiopia. TheUNHCR base in Dadaab, Kenya,hosts at least 440,000 people inthree refugee camps, even thoughthe maximum capacity of thesecamps is 90,000. Now, Dadaab isthe third largest ‘city’ in Kenya,and the largest refugee camp in theworld. More than 1,500 refugeescontinue to arrive every day fromsouthern Somalia, 80 per cent ofthem women and children.
One of the major hurdles we facein assisting these Somali clientswith their family reunification ap-plications is centred around theidentification documents Immigra-tion New Zealand requires of visaapplicants who are either refugeesor who live in refugee-like condi-tions.
With every application, Immi-gration New Zealand asks that ap-plicants provide documents whichhelp identify them and their affilia-tion to the person sponsoring themin New Zealand (for example, birthcertificates, passports, certificatesof identity, police certificates andcourt records). A major obstacle forour clients is that there is currentlyno authority in Somalia that theNew Zealand Government recog-nises as being competent to issuepassports, and Immigration NewZealand has deemed Somali pass-ports as unacceptable travel docu-ments for travel to New Zealand.Visas or permits must not be en-dorsed in these passports. Immigra-tion New Zealand instead requiresthat endorsements are made in Im-migration New Zealand Certifi-cates of Identity, or other
acceptable travel documents (suchas Red Cross Travel Documents).
Somalis who have fled to aUNHCR camp can often use theirUNHCR registration numbers as aform of identification. However,for those Somali applicants whohave only a passport, or no docu-mentation whatsoever, applying fora visa can be an enormous chal-lenge.
A typical client using the LawCentre’s Refugee and ImmigrationLegal Advice Service might be aNew Zealand resident or citizen,who came to New Zealand as arefugee from Somalia, who is alonein New Zealand, and who nowwishes to sponsor their parents,who are Somali citizens. The NewZealand resident might be acceptedas an eligible sponsor under theRefugee Family Support Category.The applicants will then be the par-ents residing in Somalia, or perhapsin a refugee camp outside Somalia.As part of their application, eachparent will be asked to providepassports and birth certificates.There is currently no specific Im-migration New Zealand list of whatis an acceptable identificationdocument for Somali applicantswho have nothing but an un-recog-nised passport.
Fortunately, the WCLC worksclosely with UNHCR and Immigra-tion New Zealand case officers whoprocess applications from this re-gion, and who are now well awareof the issue of Somali identifica-tion. This collaboration makes it alittle easier to come up with accept-able identification alternatives,bearing in mind the heightened cri-sis in the Horn of Africa. Immigra-tion NZ is willing to assess eachapplication on a case-by-case basis– and we work with them to findways to provide identifying infor-
mation from clients. This positiveworking relationship means thatour clients can have their familymembers’ identities recognised,moving them a step closer to beingreunited.
In the past year, more than 30RILAS clients have been success-ful in their applications to sponsorfamily members to come to New
Zealand. For those families, ourvolunteers have made a world ofdifference. We salute those volun-teers. This holiday season, reunitedfamilies will be feeling safer, hap-pier, and more like celebrating. TheWellington Community Law Cen-tre wishes you a happy summerunited with those dear to you.
A PUBLICATION has grown out of theLaw Centre’s work reuniting formerrefugees with their families. A Guideto Refugee Family Reunification inNew Zealand: Assisting refugee fami-lies through the immigration processwas published in August this year.
The guide is a starting point forlawyers working in refugee familyreunification. It assumes no back-ground in immigration policy or prac-tice. It provides lawyers with aprocedure for assessing the circum-stances of separated refugee familiesagainst various reunification avenues;advice on structuring initial inter-views; and a practical step-by-stepguide to making applications.
Contact the Law Centre if you or
your firm are interested in obtaining acopy ($20 per copy).
Volunteer with RILASIf you would like to be a RILAS
We would also love to see you atthe Refugee Family ReunificationTrust Classical Music FundraisingConcert on Sunday 11 December3pm, at St Joseph’s Church (42 EllisSt, next to the Basin Reserve). Theconcert will include pieces byPsathas and Dvorak, among others.Tickets cost $25 ($15 children andstudents). Call (04) 805 0350 to booktickets.
By Dina Wahid, WCLC Community Lawyer for the Refugee and Immigration Legal Advice Service
Help refugee families reunite:read, listen, volunteer
COLLEEN Singleton, who is step-ping down from her position asmanager at the Wellington Branch,has an exciting year of travel aheadof her, much of it involving familyand friends.
In January she is heading to theChatham Islands for a week ofwalking with friends; in Februaryshe is off to Dili in East Timor tovisit her son Matthew who is anofficer in the New Zealand Armythere, and also to visit a Rotaryproject at Dili Hospital in her ca-pacity as 2011 president of RotaryClub of Wellington.
From mid-February to earlyMay she is hitting the road in hercamper van to see the highways andbyways of the South Island. In Juneshe is travelling to New York,Pennsylvania and Florida to visitformer workmates and friends; inJuly she travels to London and fromthere with her sister to Gallipoli,Istanbul, Florence, Rome to visit acousin, and to Berlin to visit aRotary exchange student whostayed with her for a year sometime ago.
Colleen and her sister are alsogoing to several events at theOlympics including some at theParalympics.
Then, the jewel in the crown, sheplans to walk 800 kilometres on theCamino trail, also known as the“Field of Stars”, the pilgrimage trailthrough Spain to Santiago deCompostela, with her sister and twocousins.
Finally, after a visit to Ireland,she will be back in New Zealand inNovember – probably to take a deepbreath!
We wish Colleen happy travel-ling and look forward to hearing ofher adventures.
Page 8 – COUNCIL BRIEF, DECEMBER 2011
■ The charge for publishing a will notice is now$57.50 including GST. Please send paymentwith your notice.
■ Will notices should be sent to the BranchManager, NZ Law Society WellingtonBranch, PO Box 494, Wellington.
Please contact the solicitorsconcerned if you are holding a will
for any of the following:
FOR URGENT ACTION
WILLENQUIRIES
BOWNES, Mrs SolemaLate of 17d, Mahora Street, Kilbirnie,Wellington. Aged 84 years.Date of birth 1 May 1927.Died at Lower Hutt on 21 October 2011.Lewis Law (Maureen Murray)PO Box 529, Cambridge 3450Tel 07 827 [email protected]
SIGNAL, Gary VictorDied at Titahi Bay 11 November 2011.Robert BracePO Box 50533, Porirua City 5240Tel 04 237 8880 Fax 04 237 [email protected]
TOON, Stephanie AnneFormerly of Raumati South. Teacher.Died on 2 November 2011.Peter HarrisonPO Box 50179, Porirua 5240Tel 04 237 5421 Fax 04 237 [email protected]
Character serviced officesin heritage building on The Terrace
In the New Year there will be more offices available for rental in this longestablished Wellington serviced office network, comprising some singlerooms, as well as a self-contained suite suitable for up to three people.
Ideal location in the CBD - close to the courts, Parliament, Government centre,railway station, urban motorway, waterfront and Lambton Quay shopping.
Full support services are available if required, provided by a professionalteam who specialise in legal work. Meeting rooms and a boardroom included.Car parking available by negotiation.
For more information or to inspect the officesplease contact manager Anne Whiteon (04) 473 7885 or (021) 897 972email [email protected] go to the website www.bon.co.nz
Matt’s particular areas of expertise are Commercial and Civil Litigation
as well as Family Law and Relationship Property.
Thomas Dewar Sziranyi Letts
PO Box 31-240, Lower Hutt
Phone: (04) 570 0442 Fax: (04) 569 4260
www.tdsl.co.nz
Greg Thomas, Gerard Dewar, Louise Sziranyi, Gerard Letts and Daniel Vincent are pleased to announce that Matt Freeman
was made an Associate of the firm on 1 October 2011.
PRACTICE NOTICE
Expressions of interest are invited, for the position ofWellington Vice-President, New Zealand Law Society. TheWellington Vice-President is appointed in terms of theNZLS Constitution. Under the Lawyers and ConveyancersAct (Lawyers) Constitution, the Board of the Law Societycomprises:• A President• 4 Vice-presidents, of whom one is a member
practising in the Wellington branch area (theWellington Vice-President)
Term of officeThe term of office of a Vice-president is 2 years. A Vice-president is eligible for re-election to the office, exceptwhere the Vice-president has served 4 consecutive yearsin the office immediately prior to the election.Nominations• Nominations for the office of President may be made
by any member.
Nomination for Wellington Vice-President New Zealand Law Society
PROFESSIONAL OFFICES
Colleen Singleton.
A year of travel in storefor Colleen Singleton
• Nominations for the office of Wellington Vice-President are made by the Wellington Branch Council.
• The Wellington Branch Council will considernominations (which may include self-nominations) atits meeting on 22 February 2012.
The roleThis is a voluntary position and commences April 2012.The work comprises preparation for and attendance atapproximately seven half-day meetings each year, and asimilar number of teleconferences Ideal candidates willhave a knowledge and understanding of the work of theNZLS, experience in governance roles and a commitmentto representing the interests of Wellington Branchmembers and the broader legal profession.
Expressions of interest, including a CV, should be receivedby 3 February 2012 and should be addressed to:The Branch Manager, Wellington Branch, NZLS, P O Box 494,Wellington or email to [email protected]
THE Society notes the recent death ofDick Peacock .
Mr Peacock, who retired from prac-tice in 1966, was a partner in the firm ofHadfield Peacock & Tripe which be-came Hadfield Peacock Tripe & Feistafter Russell Feist became a partner in1960.
Mr Peacock’s father was a partner inHadfield & Peacock, founded in 1899.
Dick Peacock retired in 1966 andR E Tripe died in 1968, leaving RussellFeist as a sole practitioner. He amalga-mated his practice with that of KeithMatthews to form Tripe Matthews &Feist.
INTERNSHIP OPPORTUNITY
The Defence Support Section (DSS) at the Extraordinary Chambers in the
Courts of Cambodia (ECCC) is seeking applications for its 2012 internship program.
On 21-23 November 2011, Opening Statements were given in the trial of three Accused alleged to be senior leaders of the Khmer Rouge, Nuon Chea, Ieng Sary
and Khieu Samphan. This trial is set to continue in 2012.
The DSS works to ensure respect for fair trial rights at the ECCC and the effective legal representation of suspects and accused. The DSS promotes fair trial rights,
helping members of the public better understand the trials at the ECCC and, as part of the legacy of the ECCC, their fundamental rights within the national justice system. It provides legal and administrative support to the defence teams and
participates in outreach events.
The DSS participates in the UNAKRT internship program, which provides young lawyers with first hand experience in the field of international criminal law. Interns accepted into the Defence Internship Program are assigned either to the Defence
Support Section or to an individual defence team.
Defence interns will have an opportunity to undertake a wide variety of tasks, including: researching substantive points of international criminal law; providing drafting assistance for memos and submissions; analysing evidence; attending and
monitoring hearings and trials; and various administrative tasks.
Essential requirements include:
Understanding of the role of the defence in criminal trials and commitment to fair trial rights;
Have obtained a degree from a recognised university or are enrolled in a
degree program at a graduate school (second university degree or higher); No more than five years of work experience;
Working proficiency in English and/or French. Internships commence in January, April, July, and October and are for either three
months or six months. Internships are unpaid.
For further details, please visit the ECCC or UNAKRT websites and apply
using the UNAKRT internship application form.
New tools for regulating financial marketsThe Financial Markets Authority established in May 2011 to regulate New Zea-land’s financial markets will come under the microscope in Auckland in February.
A full-day conference on “Corporate, financial markets and financial servicesregulation” will bring together lawyers and business leaders closely involved inapplying the FMA regime and making it work.
It will focus on the FMA’s powers under the Financial Markets Authority Act2011, the objectives of the new regime and the policy of the FMA, and will discussrequirements and best practice for front-end compliance.
The conference will deal with approaches to enforcement and hear the views oflawyers dealing with enforcement issues. Presenters will also comment on theFinancial Markets Conduct Bill, in particular the FMA's role.
Held at the Stamford Plaza Hotel and organised by the Legal Research Founda-tion, the conference will run from 8.30am to 5pm on 23 February.
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