C OUNCIL B RIEF Council Brief Advertising [email protected]Reynolds Advertising ISSUE 422 MARCH 2013 The monthly newspaper of the Wellington Branch NZ Law Society ❑ President’s Column Benevolent Fund helps members suffering hardship – requests donations THE Solicitors’ Benevolent Fund exists to assist members and their families or former members and their families of the Wellington Branch, New Zealand Law Society, (and the previous Wellington District Law Society) who are suffering significant hardship. The fund was established in 1941 when a member of the Wellington profession donated a stock certificate valued at £300 for the assistance of members of the Wellington profession. No conditions were attached to the gift except that the fund was to be used to assist practitioners of the City of Wellington. The donor had in mind the case of two of his contemporaries who, after losing their practices through protracted illness, might have been able to start again had such a fund been available. The fund has been boosted by donations and bequests over the years and for a period practitioners were levied an annual amount to increase the value of the fund. There have however been no further gifts or bequests since 1960. Over the past year grants and non-interest bearing loans to the value of $19,200 have been made to practitioners and their families in need, mainly due to hardship caused by having to care for family members with life-threatening illnesses. While the trustees would not normally consider using capital to meet hardship requests, such has been the need this year that they have felt obliged to help and the only way they could was by releasing capital. As a result, the interest available for disbursement over the coming year will be reduced. Members will suffer extreme hardship from time to time and the Solicitors’ Benevolent Fund may be able to ameliorate the problems in a small but meaningful way. The trustees of the fund earnestly request members to consider making a donation to the fund so that we can help members in need. Neither the trustees nor the New Zealand Law Society take any fees from the fund and all donations received will go directly to the capital reserve. The Trust is registered as a charitable trust No. CC48709 and has tax deductible status so that donations can be claimed in accordance with the usual provisions. Any inquiry about the fund may be made to Wellington Branch Manager, Catherine Harris. KAPITI practitioners can look forward to a convivial evening on Friday 5 April. A dinner is planned for members living and/or based in the Kapiti area. It is to be held at the Soprano Ristorante, 7 Seaview Road, Paraparaumu. The cost of $50 per person includes a three-course set menu with choices for the main course; there will also be a cash bar. Reservations close at noon 29 March unless booked out before. http://bookwhen.com/wellington-branch 4 (1) Objects and Purposes (a) To provide funds as the Trustees may from time to time determine for the purpose of providing pecuniary or other assistance for the relief of poverty or otherwise to persons in need of assistance who are or have at any time been financial representative members of the Wellington District Law Society (and if it shall cease to exist then persons who are or have at any time been financial representative members of the Wellington Branch of the New Zealand Law Society), their spouses and partners (including those who are in same sex relationships, defacto relationships and civil unions) or children or parents of any such persons, whether by way of gift, grant or loan and on such terms as the Trustees in their absolute discretion from time to time shall think fit. Primary Object and Purpose from paragraph 4(I)(a) of the Solicitors’ Benevolent Fund Deed of Trust Key NZLS national office staff were invited to the first Wellington Branch Council meeting of 2013. They were executive director Christine Grice, general manager regulatory Mary Ollivier, and general manager law reform and sections Rachel Hayward. Pictured at the meeting are from left, front, Branch president Mark Wilton and Christine Grice; middle: Ruth Nichols, Mary Ollivier, Briar Gordon, Rachael Dewar, Annette Gray, Chris O’Connor, Amanda Courtney; back: Jamie Grant, Quentin Lowcay, Patricia Green, Rachel Hayward, Melanie Baker, David Dunbar. WE held our first Council meeting for the year this month and it was great to see everyone energised and ready to tackle the year ahead. Our committees are well underway with planning for a number of new Continuing Professional Development and social events. Keep a lookout for details which will be advertised here in Council Brief and in our weekly e-brief. It was a pleasure to host Christine Grice, Rachel Hayward and Mary Ollivier from the National Office of the NZLS at our meeting. We appreciated the opportunity to tune in and engage with them about what is happening around the country and to get a national perspective on issues facing the profession. It will be another busy year for the Society which will continue to represent our interests as we encounter the challenges of a changing legal landscape. During the meeting we discussed the implementation and successes to date of the Society’s new speedier complaint procedure. The Early Resolution Service (ERS) has received positive feedback from practitioners who have elected to participate and used the service to resolve client complaints. Change of NZLS President The year will also see a change of guard as Jonathan Temm retires as national President in April and Chris Moore succeeds to the role as our new President. Locally, the Society’s High Court Library has just installed a kiosk or research computer and printer in the Wellington District Court Lawyers’ Room. It will provide the same access to databases as all the other branch kiosks. This means there are many New Zealand and overseas legal databases available for our members who use this Court. Hutt Valley Court to open The newly constituted Hutt Valley District Court is to open on Monday 25 March. It has been an intense time for the Branch as we have engaged with the Ministry of Justice on this amalgamation of the Upper Hutt and Lower Hutt Courts onto the Lower Hutt Court site. I thank our members who attended the various meetings held to discuss the consequences of the amalgamation for the profession and for our communities. NZLS visitors give national perspective By Mark Wilton President, Wellington Branch, NZLS Kapiti members’ dinner • Judge Lovegrove 3 • Legal careers 5 • Too many grads? 6 • Harriette Vine 8 In this issue:
The monthly newspaper of theWellington Branch NZ Law Society
❑ President’s Column
Benevolent Fund helpsmembers suffering hardship
– requests donationsTHE Solicitors’ Benevolent Fundexists to assist members and theirfamilies or former members andtheir families of the WellingtonBranch, New Zealand Law Society,(and the previous WellingtonDistrict Law Society) who aresuffering significant hardship.
The fund was established in1941 when a member of theWellington profession donated astock certificate valued at £300 forthe assistance of members of theWellington profession.
No conditions were attached tothe gift except that the fund was tobe used to assist practitioners of theCity of Wellington. The donor hadin mind the case of two of hiscontemporaries who, after losingtheir practices through protractedillness, might have been able tostart again had such a fund beenavailable.
The fund has been boosted bydonations and bequests over theyears and for a period practitionerswere levied an annual amount toincrease the value of the fund.There have however been nofurther gifts or bequests since 1960.
Over the past year grants andnon-interest bearing loans to thevalue of $19,200 have been made topractitioners and their families inneed, mainly due to hardshipcaused by having to care for familymembers with life-threateningillnesses.
While the trustees would notnormally consider using capital tomeet hardship requests, such hasbeen the need this year that theyhave felt obliged to help and theonly way they could was byreleasing capital. As a result, theinterest available for disbursementover the coming year will bereduced.
Members will suffer extremehardship from time to time and theSolicitors’ Benevolent Fund maybe able to ameliorate the problemsin a small but meaningful way.
The trustees of the fundearnestly request members toconsider making a donation to thefund so that we can help membersin need. Neither the trustees nor theNew Zealand Law Society take anyfees from the fund and alldonations received will go directlyto the capital reserve.
The Trust is registered as acharitable trust No. CC48709 andhas tax deductible status so thatdonations can be claimed inaccordance with the usualprovisions.
Any inquiry about the fund maybe made to Wellington BranchManager, Catherine Harris.
KAPITI practitioners can look forward to aconvivial evening on Friday 5 April.
A dinner is planned for members livingand/or based in the Kapiti area. It is to be heldat the Soprano Ristorante, 7 Seaview Road,Paraparaumu. The cost of $50 per personincludes a three-course set menu withchoices for the main course; there will alsobe a cash bar. Reservations close at noon 29March unless booked out before.
http://bookwhen.com/wellington-branch
4 (1) Objects and Purposes(a) To provide funds as theTrustees may from time to timedetermine for the purpose ofproviding pecuniary or otherassistance for the relief ofpoverty or otherwise to personsin need of assistance who are orhave at any time been financialrepresentative members of theWellington District LawSociety (and if it shall cease toexist then persons who are orhave at any time been financialrepresentative members of theWellington Branch of theNew Zealand Law Society),their spouses and partners(including those who are insame sex relationships, defactorelationships and civil unions)or children or parents of anysuch persons, whether by wayof gift, grant or loan and onsuch terms as the Trustees intheir absolute discretion fromtime to time shall think fit.
Primary Object andPurpose from
paragraph 4(I)(a) of theSolicitors’ Benevolent
Fund Deed of Trust
Key NZLS national office staff were invited to the first Wellington Branch Council meeting of 2013. They wereexecutive director Christine Grice, general manager regulatory Mary Ollivier, and general manager law reform andsections Rachel Hayward. Pictured at the meeting are from left, front, Branch president Mark Wilton and ChristineGrice; middle: Ruth Nichols, Mary Ollivier, Briar Gordon, Rachael Dewar, Annette Gray, Chris O’Connor, AmandaCourtney; back: Jamie Grant, Quentin Lowcay, Patricia Green, Rachel Hayward, Melanie Baker, David Dunbar.
WE held our firstCouncil meetingfor the year thismonth and it wasgreat to seeeveryone energisedand ready to tacklethe year ahead.Our committees are
well underway with planning for anumber of new ContinuingProfessional Development andsocial events. Keep a lookout for
details which will be advertised herein Council Brief and in our weeklye-brief.
It was a pleasure to host ChristineGrice, Rachel Hayward and MaryOllivier from the National Office ofthe NZLS at our meeting. Weappreciated the opportunity to tunein and engage with them about whatis happening around the country andto get a national perspective onissues facing the profession. It willbe another busy year for the Society
which will continue to represent ourinterests as we encounter thechallenges of a changing legallandscape.
During the meeting wediscussed the implementation andsuccesses to date of the Society’snew speedier complaint procedure.The Early Resolution Service(ERS) has received positivefeedback from practitioners whohave elected to participate and usedthe service to resolve clientcomplaints.
Change of NZLS PresidentThe year will also see a change
of guard as Jonathan Temm retiresas national President in April andChris Moore succeeds to the role asour new President.
Locally, the Society’s HighCourt Library has just installed akiosk or research computer andprinter in the Wellington DistrictCourt Lawyers’ Room. It willprovide the same access todatabases as all the other branchkiosks. This means there are manyNew Zealand and overseas legaldatabases available for ourmembers who use this Court.
Hutt Valley Court to openThe newly constituted Hutt
Valley District Court is to open onMonday 25 March. It has been anintense time for the Branch as wehave engaged with the Ministry ofJustice on this amalgamation of theUpper Hutt and Lower Hutt Courtsonto the Lower Hutt Court site. Ithank our members who attendedthe various meetings held to discussthe consequences of theamalgamation for the professionand for our communities.
NZLS visitors give national perspectiveBy Mark Wilton
President, Wellington Branch, NZLS
Kapiti members’ dinner
• Judge Lovegrove 3
• Legal careers 5
• Too many grads? 6
• Harriette Vine 8
In thisissue:
Page 2 – COUNCIL BRIEF, MARCH 2013
March 7-9 2013 – Asia Pacific CourtsConference: ‘The Pursuit of Excellence andInnovation in Courts and Tribunals’,Auckland. http://aija.org.auMarch 11 2013 – ‘Access to Justice’, LegalResearch Foundation in association with thethe NZ Centre for Human Rights, Auckland.www.legalresearch.org.nzMarch 12-13 2013 – IER 2013 27th AnnualIndustrial and Employment Relations Summit,Wellington. www.conferenz.co.nzMarch 21-22 2013 – IBA 9th CompetitionMid-Year Conference, Sydney. www.ibanet.orgApril 8 2013 – Legal Research FoundationInternational Litigation Conference,Auckland. www.legalresearch.org.nzApril 14-18 2013 – Commonwealth LawConference, Cape Town, South Africa.Commonwealth Lawyers Association.www.componwealthlaw2013.orgApril 23-24 2013 – ‘Recalibrating Behaviour:Smarter Regulation in a Global World’, VUWLaw Faculty, using research from NZ LawFoundation Regulatory Reform [email protected] 29-30 2013 – IBA 24th AnnualCommunication and Competition Conference,Rio de Janeiro. www.ibanet.org
Conferences
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 2.
Cryptic CluesDOWN1. Sounding to be in favour of information
the prophet should have (13)2. Who brings endless sorrow to a
husband? (5)3. Fence the track (4)4. A crowd by the Spanish
accommodation building (6)5. Load it in – it’s needed for expansion
(8)6. External telephone connection for
broad statement (7)7. Schools that have small charges (13)12. The result of incomplete waxing! (4-4)13. Could they be an inclusion in temporary
accommodation? (7)15. Stick to use as an axe (6)18. Six talk endlessly, being full of life (5)19. See 13 Across
ACROSS1. Not so many in the cafe we run (5)4. Fish forced to come to land (7)8. Doesn’t move the corpse (7)9. Make an admission (3,2)10. Philosopher reveals hypocrisy, we hear (4)11. What to do to get the most satisfactory trip
on horseback (8)13. And 19 Down. Screen section put back as
a hatch (4-4)14. And 17 Across. Besides a greater amount
in surplus (8)16. The end of the trip - touch down before
autumn (8)17. See 14 Across.20. Native of Australia to leave after a row (5)21. An appointment associated with the
French evangelist (7)22. The distinctive nature of eastern scenes,
maybe (7)23. They are characterised in an adaptation of
“The Loser” (5)
COUNCIL BRIEF CROSSWORD
Quick CluesDOWN1. Rusty (3-2-8)2. Pursue (5)3. Scold (4)4. Trade by exchange (6)5. Wisdom (8)6. Far (7)7. Lacking self-control
R v Sloane –[2013] NZHC 53 – 4February 2013 – Keane JCRIMINAL LAW – SENTENCE
Murder – sentence followingearly guilty plea – high degree ofbrutality, depravity orcallousness – offender attackeddeceased with whom she hadoccasional sexual relationship insustained and unusuallyferocious assault – offenderstabbed deceased in chest seventimes with large knife causingdeath and continued to stab,punch and mutilate her bodyafterwards including by cuts tothroat and face and cutting offears – the following day offenderdisposed of wrapped body andbags of bloodied items in ditchon outskirts of Muruparaconcealing them with discardedtimber, clear light roofing, ovensand dirt – over next few daysoffender extensively cleaned andrepainted flat disposing ofcleaning and other i tems
including deceased’s bike –offender initially deniedknowledge of deceased’sdisappearance when spoken to bypolice but admitted offendingonce police discovered textmessage on day of murder –offender with no previous historyof violence was intoxicated attime of attack and had becomeenraged about possible theft bydeceased of small sum of money,house keys or money card –offending out of character –whether minimum period of 17years imprisonment (MPI) underss104(1)(e) Sentencing Act 2002manifestly unjust – comparisonwith R v Williams – HELD:offending marked by high degreeof brutality, depravity orcallousness – offences inWilliams less brutal and callousby significant measure – ferocityof assault, extent of mutilationand way in which offender dealtwith deceased afterwardswarranted 20 year starting point
May 16-17 2013 – CLANZ 26th AnnualConference, ‘Agents of Influence’, Napier.www.clanzonline.orgJuly 1-4 2013 – International Association ofConsumer Law Conference, Sydney.www.iaclsydney2013.comAugust 19-20 2013 – NZ Legal ExecutivesConference, Rydges Hotel, [email protected] 29-30 2013 – New Zealand’sConstitutional Traditions, NZ Centre forPublic Law, Faculty of Law, VictoriaUniversity of Wellington. [email protected] 26-29 2013 – ResourceManagement Law Association of NewZealand: ‘Black, White, Gold – does it allglitter?’, Queenstown.www.rmla.org.nz/annual-conferenceOctober 6-11 2013 – IBA Annual Conference,Boston, USA. www.ibanet.org/ConferencesOctober 16-18 2013 – Australia and NewZealand Sports Law Association: 23rdANZSLA Annual Conference, Brisbane.www.anzsla.com.auNovember 25-27 2013 – Australia NewZealand Law and History Conference: ‘People,Power and Place’, University of Otago,Dunedin. www.otago.ac.nz/law/conferences
Tuesday 12 MarchDealing with Difficult People, NZLS CLE WorkshopCopthorne Hotel Oriental Parade, 9am-4.30pmInternational Tax Reviews. Public lecture by Professor Alan Auberbach – taxpolicy in NZ in light of recent reviews. 5.30-7.00pm, Lecture Theatre 2,Rutherford House, Bunny Street. RSVP [email protected]
Thursday 14 MarchPublic lecture – The Supreme Court, by Lord Phillips of Worth Matravers, FirstPresident of UK Supreme Court, NZ Law Foundation Distinguished FellowVUW Law Faculty, 5.30pmCourts and Tribunals CommitteeFamily Law CommitteePublic Law Committee
Wednesday 20 MarchWellington Branch Council meeting2013 Robin Cooke Lecture: ‘Press, Privacy and Proportionality’The Right Hon Lady Justice Mary Arden DBE, VUW Law Faculty 5.30pmRSVP [email protected] by
Thursday 21 MarchCriminal Procedure Act implementation, seminar in series run by Public Defence Service
Friday 22 MarchGetting the Information you need to win your case, NZLS CLE Webinar, 11am-noon
Monday 25 MarchVisit by the China Law SocietyPublic lecture – “Rights, Wrongs and Proportionality”, Sir Paul WalkerRutherford House LT2 25 March, 5.45pm. Refreshments afterwards.
Wednesday 27 MarchMarlborough Branch NZ Law Society Annual Meeting 4.30pm
❑ See page 5
subject to discount for guiltyplea – 25% discount for guiltyplea (5 years) too high – discountof 3 years allowed (highestdiscount given thus far, pleadictated by strength of Crowncase and as matter of policyoffence so serious that 17 yearMPI ought to apply) – sentenceimposed of life imprisonmentwith MPI of 17 years.
THE scheme to assist lawgraduates into work is still beingoperated by the WellingtonBranch.
Law graduates seeking workleave their CVs at the Society.These are available to potentialemployers needing staff who canrefer to the CVs and choose ap-propriate graduates.
The work offered need not bepermanent. Any work in a lawoffice will give graduates valu-able experience that may behelpful to them next time theymake job applications.
Law graduateCV scheme
COUNCIL BRIEF, MARCH 2013 – Page 3
Criminal, Traffi c Accident InvestigationsFile/Case Analysis
TELEPHONE 021 663 236WELLINGTON: PO BOX 30080, LOWER HUTT, NEW ZEALAND
The life and times of Judge Barry LovegroveJUDGE Barry Lovegrove was adistrict court judge for 18 years, forthe last eight holding an actingwarrant while convening a ParoleBoard panel. While he has nowsurrendered his judicial warrant, hecontinues to write Parole Board casereviews, a job he enjoys very much.
Barry was of course a lawyerbefore his judicial appointment buthis career has been as far fromordinary as it is possible to get.
Things started conventionallyenough with schooling at AucklandGrammar and study for a joint BAand LLB at the University ofAuckland. Yet even at school heremembers the sense of forebodinghe and his friends felt when WilliamFiore was hanged in March 1952 ongallows set up at AucklandGrammar’s next-door-neighbour,Mt Eden Jail.
Capital punishmentThe circumstances around this
execution were well known to theGrammar boys at the time as theystared across at the prison, and Barrysays the event “impacted on my verybeing”. It was the beginning of aprofound distaste for capitalpunishment, further cemented whenhe saw public hangings in Ethiopiain 1960 (see below), and byreflections on his ancestor BenjaminShadbolt who narrowly escapedhanging in England, instead beingconsigned by convict ship toAustralia.
“Benjamin Shadbolt made hisway to New Zealand where heeventually became a successfulbusinessman on Banks Peninsula,yet he could easily have been hangedand lost for ever. It is one of thearguments against capitalpunishment that is not often made,but for me is very strong – it is ablack mark that flows down thegenerations … if he had been hangedI would not be sitting here today.”Other descendants are Tim andMaurice Shadbolt, both cousins ofBarry’s.
While studying law Barryworked as a law clerk in theAuckland firm of Buddle Weir andit was understood that after beingadmitted he would join the firmand, all going well, progress to
partnership. But, by the time of hisadmission in 1967 and lookingtowards starting a career, Barryhad an unusually internationaloutlook. His parents were living inEthiopia where his father NormanLovegrove, a former schoolinspector and Auckland Teachers’College principal, was working ina UNESCO programme trainingteachers and had previouslyworked in other parts of Africa,while his brother Malcolm, aneducational psychologist, wasfounding a School of Education inLagos, Nigeria. Barry visited hisparents and Malcolm frequentlyand it was on one of his visits toAddis Ababa in 1959/60 that hereluctantly witnessed the publichanging of Menghistu Gedamuwho, with other members of theImperial Bodyguard, had rebelledagainst Emperor Haile Selaisse.While an opportunity to teach lawin Malawi opened up, Barry stillsaw his immediate future withBuddle Weir.
“They were a wonderful firm andI was definitely going to join thembut then something happened thatchanged everything: senior partnerStan Weir suddenly died at his desk.This was shocking in itself, but to meit was more that Stan and his wifehad been about to set off on a longpostponed world trip, a trip theywould now never take. At that stageI thought to myself, ‘I don’t want tobe dead at my desk never havingseen the world because of adedication to the business of being alawyer’, and I turned the offer downand went to Malawi.”
Teaching in MalawiBarry happily taught law at the
University of Malawi for most ofthree years while living with his firstwife Marie and two sons Darryl andBrendhan in Blantyre and with a hugeweekend colonial homestead on theshores of Lake Malawi. He was askedto work occasionally as State Counsel.Capital cases were particularlydaunting. “The good thing, however,was the power to ask for clemencywhich was frequently granted becausemost killings were rooted incustomary law meaning offenders hadlittle choice in the matter.”
Unfortunately, life became moreproblematic after six young Africans,charged with treason and imprisonedwithout trial for 11 months, weredischarged by a British judge on thegrounds that there was no case toanswer. As they left the jail, however,they were immediately rearrested onthe order of President Dr HastingsBanda. In protest, all members of theBritish judiciary and the ScottishSenior State Prosecutor resigned.
Ulimatum from Dr Banda“This obviously created gaps and
I was asked by the President to be thereplacement Senior State Prosecutor,a request I politely declined. A fewdays later six black stretch limospulled up outside our house and Iwas taken to the presidential palacein Zomba. Dr Banda came in andsaid: ‘Let us stop this nonsense MrLovegrove, I need a new prosecutorand I want you for the job’. I said Iwas a teacher of law and had acontract with the University ofMalawi, to which he said he was thechancellor of the university and notto worry about contracts! He gaveme three weeks to make up my mind.
“I knew I had to get out of Malawiand started looking around for jobs.Luckily I landed one at theInternational Labour Organisation inSwitzerland and a couple of daysbefore the deadline I packed my carand at 1.30am drove across theMalawi-Zambia border andeventually all the way to Cape Town.From there I transshipped to Europeand started work in Geneva as aspecialist in labour law and labourrelations in east and central Africa.”
Barry did not particularly enjoywork at the ILO, finding it a“huge international civil service”shackled by hard-core bureaucraticconvention. “The pay was good, thetax-free salary was good, and so wasthe UN passport, but I disliked theheavily regimented way of doingthings and some of the company verymuch. After two years I had hadenough and resigned – much toeverybody’s surprise because peoplegenerally hung on to those jobs fordear life.”
He moved to Reading in the UKwhere he was a senior student at theuniversity there, writing up a thesis
based on research in labour relationsand law in East Africa gatheredwhile he was in Malawi and startedin Geneva. Unfortunately, becauseBarry would not reveal the names ofsome of his politically-compromisedAfrican respondents who hadprovided information on a strictcondition of anonymity, theuniversity would not award a PhDand he had to be satisfied with anMPhil.
A new position teaching law atthe University of Hong Kong in 1973marked the beginning of a life-changing decade for Barry in thethen British dependent territory. Hemet his present wife Dominiquethere and also worked with somevery distinguished colleaguesincluding Wellington man-about-town John Miller, described byBarry as “the true intellectual on thefaculty”, and one Lord Denning,Master of the Rolls, who was brieflya member of the faculty!
Cricketing wonderlandHong Kong gave Barry the
chance to indulge his great love ofcricket. He was thrilled to find that
English professionals often came toHong Kong in the off-season and as aresult the senior competition was of avery high standard. He played forand against the illustrious includingImran Khan, Geoff Boycott, ColinBroad and Dermot Reeve.
“In fact, I bowled Boycott firstball in an exhibition match but waspersuaded to let him play on becausehe was jet-lagged and a lot of peoplehad come to see him, not me, play.He eventually retired on 130 but Iwould have loved to have been in theyearbook as the person who clean-bowled Geoff Boycott! Why did Iagree? Because I was arrogantenough to think I could do it again!
“I told Geoff I would never tellanyone about the first-ball duck if hesigned a note saying, ‘In my viewBarry Lovegrove is the best cricketernever to have played for his country’,which he did. Sadly the paper is lost.”
The search for a cold beerAnother interest of Barry’s in
Hong Kong’s humid climate wascold beer. “I was a New Zealanderwith a taste for good cold beer and
The law department at Hong Kong University 1976-77. Barry Lovegrove looking very 1970s, is third from right inthe front row. To Barry’s left is a dapper John Miller; Lord Denning is sixth from right, front row.
A page from The Old China Hand newsletter fifth anniversary issue 1982.
❑ Continued page 4
Page 4 – COUNCIL BRIEF, MARCH 2013
PROFILE
Hong Kong did not have much tooffer in that regard. The onlypossibility was an Australian pubcalled ‘Ned Kelly’s Last Stand’ butthat was in Kowloon and I lived onHong Kong Island, so I thought therewas only one way to deal with thisand that was to open my own pub!
“I bought a tailor’s shop inLockhart Road in the old Suzy Wongdistrict of Wanchai, converted it to apub, and called it The Old ChinaHand Tavern.”
The pub still exists, advertisingitself as “a great British pub”, a claimthat upsets Barry very much. “I didnot intend it to be a Kiwi or Englishpub – it was to be a uniquely HongKong pub catering for the people ofHong Kong.”
The immediate problem as TheOld China Hand was prepared foropening in 1977 was resistancefrom corrupt local officials whoexpected to be bribed to sign thenecessary licences, somethingBarry was not prepared to do.“Nothing we could do would fix itand it dragged on and on and in theend we decided to open anyway.But in order not to break the law,we didn’t open the till and insteadgave everything away. As acommercial strategy it hadshortcomings to say the least;Dominique and I were losingmoney hand over fist. But, asintended, the papers and the TV gothold of it and it soon became acause célèbre – the officials wereon a hiding to nothing.”
US Navy to the rescueTheir fate was sealed after the
USS Enterprise and 11 other shipssailed into Hong Kong and released27,000 thirsty sailors for Rest andRecreation. News spread andthousands of American sailorsflocked for the “free” beer withqueues stretching around the blockmarshaled by US Navy SPs. “Afterthree days, two government carsdrew up outside and with very badgrace officialdom caved in and theygave us the licences.
“The next day, two top-rankedUS naval officers arrived, thanked usfor our largesse and said they hadbeen following events closely. Theyintended to extend shore leave by acouple of days which they expectedwould put us in substantial funds.They were right. It was pricelessadvertising, we never looked back. Ilike to think I’m one of the fewpeople to have held the US Navy inthe palm of my hand, at least for afew days. They did not make me anhonorary admiral but did give me aninscribed copper plate”.
Barry and Dominique are proudof The Old China Hand and the goodcheer they wrought. One of theirsuccesses was to introduce darts toHong Kong, allowing youngChinese to take part in sport when atthe time most were unable to joinsports clubs because of the high costand exclusivity. For similar reasons,he was involved in the formation ofthe Vagabonds Cricket Club as a
more accessiblealternative to the moreexclusive clubs.
Back in NewZealand in 1983,Barry decided toretire. After sale ofThe Old China Handand savings from hissalary at what Barrysays was the “highestpaying university inthe Commonwealth”,he bought a 150 acrefarm in Horeke on thenorthern bank of theWaima River in theHokianga. There wasa grand house on theproperty, knownlocally as FrenchHouse, built by anearly farmer for hisFrench ballerina wifeand featuring a ballroom,proscenium arch, sunken bath, and abidet, “which was a great talkingpoint in the area”. Barry set up thefirst deer farm in the Hokianga andthen in his mid-forties thought hewould live happily, write books, andgo fishing.
Retirement palls – the law callsBut retirement quickly palled.
After six months and a prolongedwet spell, Barry began to wonder ifthis was the way he wanted to spendthe rest of his life. Fortuitously,Doreen Beer, a Scottish woman,who improbably had studied law atHong Kong University and waspractising in Kaikohe, asked him todo some work on the common lawside and he immediately agreed.
“Coming back to the law I had noclients so we agreed to split theoverheads and each take what weearned. I earned very little at first butover time the scales tipped. I wentout looking for work – court workand family law. I opened a branch inDavid Lange’s former office inRawene and cruised back and forthalong the Waima River betweenhome and work one day a week inmy 16 foot runabout.
“Most of those I represented weredue to appear in the Kaikohe DistrictCourt with no opportunity to consulta lawyer before seeing a dutysolicitor at the eleventh-hour andthen being at the mercy of hastyadvice – I thought I could do betterthan that.
“I became very popular. Morework came from Moerewa, wherethe freezing works is, and fromnearby Kawakawa, so I set upanother office in the Bay of Islandscredit union building near thefreezing works. I used to go to thetwo Kaikohe pubs the night beforecourt days to meet clients and on anumber of occasions, because of thenoise in the bar, met them in themen’s toilets. This initially causedsome unwelcome comment untileveryone realised that the guylurking in the toilets was the locallawyer interviewing clients where itwas quiet! My accounts for legal
services were often settled with wildpork, puha, whitebait and somewhatlargish tua tua!”
He did a lot of public speakingover the next few years. Early on, hespoke at Okaihau on “Winston Petersand the rise of the yellow peril” basedon the life and times of Chew Chongin Taranaki in the early 1900s. “Atthe close of my address I introducedDominique, my Chinese wife, whohad been waiting outside – it was agood moment.”
As his court work and reputationgrew, he spoke on some fairly radicalideas. “The Far North was such adeprived and neglected area, therewas little for the young to do and Irealised that just about their onlychance was to get out. The starkreality for many hard-workingparents wanting to advance theinterests of their children was to givethem a brick and tell them to throw itthrough the window of the nearestpharmacy, because they could expectto be descended upon by a number ofagencies equipped to sort them out.The outcomes from referral to theyouth justice system up there wereoften outstanding – it was almost likea career option!”
Barry threw himself into the taskof settling his family, now includingdaughters Hayley and Shanelle, intoMaori-dominated life in theHokianga. “Dominique wasembraced by the local community astangata whenua and my Eurasiandaughters attended Horeke PrimarySchool. Somewhat to my surprise, Iwas elected inaugural chairman ofthe school’s board of trustees and Iremained chairman until I left theHokianga eight years later, vastlyenriched by the experience.
Cultural diversity“I’ve been blessed by diversity. As
a Pakeha, I’ve lived as a member ofan ethnic majority in my owncountry. I’ve lived and worked as amember of an ethnic minority inAfrica and Asia. I’ve also lived for 10years as a member of an ethnicminority as a Pakeha in theHokianga. Everywhere, withoutexception, I’ve been accorded the
unremitting respectof the dominantcultures.”
Barry worked hardand his clientele in thecriminal court grewwhile he developed aparallel interest infamily law. He wasregularly appointedboth Counsel for theChild and YouthAdvocate throughoutthe Far North. “Idoubt there is anymarae in the Far NorthI haven’t visited eitheras Counsel for theChild or as YouthAdvocate. I’m veryproud that with theKaikohe youth justicecoordinator andpolice youth aid
officer I was responsible for gettingall family group conferences awayfrom social welfare homes and ontomarae. It was entirely innovative andquite unique. Kids, mostly Maori,were dealt with on marae which wasabsolutely appropriate. It was ahugely effective way of dealing withthem”.
Judicial appointment“It would be fair to say I was seen
as an effective advocate on a numberof fronts and the leading advocate forat-risk children from north ofWhangarei to the North Cape. It is tothis perception that I attribute myappointment as a district court judgein 1995.
“I chose to be sworn in by JudgeMichael Brown at the KaikoheDistrict Court in a distinctive kapahaka way among a legion of friends
and supporters. I doubt that the maincourtroom has ever been fuller – itwas a truly overwhelming occasion.”
Barry sat in Palmerston North foreight years before moving toWellington in 2003 for a further twoyears, a period he says he enjoyedvery much, notwithstanding somepersonal cost. “I’m satisfied I upheldmy oath to do justice to all manner ofmen and used my judicialindependence in an irreproachableway.”
Parole Board convenorBarry works on the premise that
no one should do anything for morethan 10 years because of what hecalls “the danger of tenureentitlement” and so he stepped downfrom the Bench in 2005, asking for anacting warrant which allowed him tosit as a panel convenor of the ParoleBoard which he did until late lastyear. “At that time I decided I hadseen enough of the inside of prisonsand I surrendered my warrant – Ididn’t want it to expire throughformulaic effluxion of time. I wantedto stop when I was ready to go. I dohowever hope to continue to writereviews of Parole Board decisions.No one has written more reviewsthan I have. I’m proud of that. I enjoythe work immensely – it’schallenging insofar as reviews mustbe able to withstand the most intenselevel of judicial scrutiny and I like tothink my reviews come up to this.”
Barry says he is slowing down –and after an unusually variedcareer lasting over half a centurywho can blame him? He remainsirrepressible, a raconteur of greatstyle. Given he has enoughexperience for three lifetimes, hisis a great story!
❑ From page 3
‘The Old China Hand’ fifth anniversary newsletter.
Dominique and Barry Lovegrove.
Legal career with a difference – the life and times of Judge Barry Lovegrove
COUNCIL BRIEF, MARCH 2013 – Page 5
NEWS
Recalibrating Behaviour:
Smarter Regulation in a Global World
Tuesday 23 April 2013 Wednesday 24 April 2013
Faculty of Law, Victoria University of Wellington, Lecture Theatre 1,
Old Government Buildings, 55 Lambton Quay
Wellington, New Zealand
THE legal world of work hasmetamorphosed in the last fiveto ten years and career optionsfor lawyers are more open thanever before. The old career pathfrom university into a firm thenup to partnership is changing.There are more senior associatesand fewer new partners. Juniorsare staying in New Zealandlonger with employmentopportunities drying up overseassince the 2008 Global FinancialCrisis. The public sectorausterity drive has had an impactin Wellington, as has the shift ofmany banking and finance rolesto Auckland.
Recruitment experts JannWatt-Drake of De Novo and JaneTemel from Niche RecruitingSpecialists looked at thesechanges at a recent Women-in-Law Committee seminar andprovided some answers to thequestion, ‘How do you makeyour career work for you?’ toaround 50 practitioners.
Jann’s advice is to bestrategic, and that timing iseverything. She says we shouldbe taking ownership of ourcareers, not letting others drivethem. Listen to good advice, butalso listen to yourself. A keyquestion is “What makes youhappy in your career?” To findout, you can take this simple test:over the next two weeks, everycouple of days, write down the
things you did at work that youreally enjoyed and the things youdidn’t, then reflect on what thattells you about your preferredjob.
Jane spoke about how to be agood candidate. She emphasisedbeing prepared when going to arecruitment consultant, to docareer planning first and to beclear about what one wants.Networking coffees are a greatidea to gather market research,she said.
Jane gave some handy tips onhow best to present a CV, to keepit personal but professional rightdown to the little things – notypos; use the same font for CVand cover letter. CVs should betailored to each role. For a privatesector law firm, it helps to list allone’s transactions, cases andtypes of clients (naming them ifpossible). For a public sector job,it is more likely that skills andattributes that suit their requiredcompetencies will be sought, socandidates should look closely atthese and spell them out in theCV or covering letter.
Both Jane and Jann spoke aboutthe importance these days of socialmedia. Jane advised that youshould Google yourself to see howyou come across online. You canexpect recruitment agents andemployers to do this. Make sureyour Facebook privacy settings areappropriate so that anything
personal stays private. If there isanything problematic on theInternet that you need to address,let your recruitment agent knowand they can help you manage it.Jane recommended front-footinganything that may be tricky so yourpotential employer doesn’t have toask about it, which is awkward forthem as well as for you. Have aLinkedIn profile and make sure itmatches what is on your CV.Never use your work email toapply for a job. Also be carefulabout your personal email address:[email protected] not help to get you that job.
Questions from practitionersincluded many about maternityleave and how to ensure asmooth transition back to work.Jane and Jann’s key tip wasmaintain contact with youremployer – keep yourselfconnected and in the front oftheir mind. Going back betweenbabies can be helpful. Also,think about how to sell yourselfwhen you return to work. Haveyou done volunteer work ordeveloped new networks whileyou were away that mightbenefit your employer?
Presenters at the recent Women-in-Law Committee careers seminarcareer strategist and consultant at De Novo Jann Watt-Drake, left, and
Jane Temel from Niche Recruitment, right, with seminar organiserVivienne Holm from DLA Phillips Fox.
By Clare Needham
Firms are being more flexiblethese days around how hours areworked (e.g. from home some ofthe time) and part-t ime isbecoming more common. Jannrecommended that if you arelooking for part-time work thenbe up-front about this when youapply for jobs.
All attendees received a copyof Jann and Jane’s ‘Top Tip’sheets and some web resources to
take away. The Women-in-LawCommittee were delighted withtheir first event for 2013. Wewould like to thank DLA PhillipsFox for their generoussponsorship of the evening.Sincere thanks also go toVivienne Holm, who was keyorganiser of the seminar onbehalf of the committee, and tothe two inspiring andknowledgeable speakers.
Lifeline Counselling has a team of qualified professional counsellorsexperienced in working with clients across a broad range of issues.
Our high-quality confidential service can help with day-to-day issues suchas: stress, anxiety, burnout, depression, relationship issues, grief, traumaand addiction.
All our Counsellors are qualified to Masters level and are members of the NZAssociation of Counsellors.
For New Zealand Law Society members and families we are offering adiscounted rate:
$110 based on a normal 60min session
Currently this Face-to-Face service is only available in person in the Aucklandregion. Other regions will be introduced throughout 2013.
Skype Face-to-Face counselling applies throughout New Zealand.
Essay competition to celebratefirst VUW woman law graduate
– see page 8
THE Law Faculty of Victoria University is welcoming a trio of illustriouslegal personalities in March.
The Rt Hon The Lord Phillips of Worth Matravers KGPC is this year’s NZ Law Foundation DistinguishedVisiting Fellow. He was, until October last year, thePresident of the Supreme Court of the United Kingdom.Lord Phillips has had a distinguished judicial career and isknown for conducting an inquiry into the outbreak ofBovine Spongiform Encephalopathy (Mad Cow Disease).
Lord Phillips will give a public lecture in GB LT2 on March 14 at5.30pm: “The Supreme Court.” There will be refreshments afterwards.
This lecture explores the origin and development of the Supreme Courtof the United Kingdom. The court was established in 2009 by theConstitutional Reform Act 2005. It is an independent court of appeal thatreplaced the House of Lords as the highest appellate court in the UnitedKingdom (other than for Scottish Criminal cases). The move was amilestone in the constitutional history of the United Kingdom. It separatedthe powers exercised by the judiciary and the upper house of parliament inthe country. Symbolically, the court sits alongside, but separate to, theexecutive and legislative arms of the state. Lord Phillips, as the firstPresident of the Supreme Court explains the history behind thedevelopment of the court. He touches on foundational concepts such asthe separation of powers, and provides insight on the organisation andstructure of the court as it exists today. He considers some of the key casesthat have come before the court and the dialogue between the SupremeCourt and the European Court of Human Rights in Strasbourg.
The Rt Hon. Lady Justice Arden is a judge of the UKCourt of Appeal, the third female judge to be appointed tosit on this court.
Lady Arden read law at Girton College, Cambridge andtook an LLM degree at Harvard Law School in 1970 as aKennedy Scholar.
She was called to the bar at Gray’s Inn in 1971 andjoined Lincoln’s Inn in 1973. She practised at Erskine Chambers from1971 to 1993, mainly in company law. She became a QC in 1986 andserved as Attorney-General of the Duchy of Lancaster. She is an HonoraryFellow of Royal Holloway, University of London. From 1996 to 1999 shewas Chairperson of the Law Commission.
She will deliver the Robin Cooke Lecture in Rutherford House LT1 onMarch 20 at 5.30pm: “Press, Privacy and Proportionality”. There will berefreshments afterwards.
Sir Paul Walker is the second Borrin Visiting Fellow.Born in Wellington, he was educated at St Peter’s
College, Adelaide and Magdalen College, Oxford.He was called to the bar of England and Wales in 1979,
took silk in 1999 and was appointed as a Justice of the HighCourt of England and Wales in 2004. He was President ofthe Administrative Appeals Chamber of the Upper Tribunalfrom 2009 to 2012 and is a bencher of Gray’s Inn.
From 1994 to 1996 he was a senior lecturer at Victoria University’sFaculty of Law and was the first director of the New Zealand Centre forPublic Law in 1996.
Sir Paul will give a public lecture, “Rights, Wrongs andProportionality” in Rutherford House LT2 on 25 March at 5.45pm.There will be refreshments afterwards.
COUNCIL BRIEF, MARCH 2013 – Page 6
VUW LAW FACULTY
By Professor Tony Smith,Dean of Victoria University’s Law School
Too many law grads? Universitydegrees and job prospects revisited
Prominent legal scholars andjurists to visit the VUW Law
Faculty in March
AT the end ofthis columnlast month, Imentioned areport recentlyproduced by theMinistry ofE d u c a t i o npurporting torank university
degrees according to theemployment prospects that theygenerated for their holders.
The report – Moving on up: whatyoung people earn after theirtertiary education – identifies andanalyses 10 areas of study (e.g.health, information technology andarchitecture), but the law was notlisted as being one of them. Slightlydeeper perusal shows that the law isactually mentioned, as being a partof the “society and culture” section.Not perhaps surprisingly, health(and especially medical studies) arebest remunerated, with younglawyers five years after graduationearning good money, but not onaverage a ransom for a prince.
Two aspects of the survey giveme pause for thought. Mostlawyers know that the earnings forthose with law degrees varywidely, the equity partners in thelarge nationwide firms earningvery considerable sums, medium-sized firms correspondingly less,and non-partners equivalently less.The highest rewards go to the veryable, very ambitious and dedicated.They (and those who aspire toreach these realms) are not atall likely to be influenced bythe national average. Morefundamentally, I question some ofthe premises that underlie the studyitself. In particular, the assertionthat the value of the work that aperson performs is a measure of itsvalue to society. At least, that iswhat I take from the paragraph onpage 3 of the report that states:“Many economists measure humancapital by looking at people’searnings. The reason is that what anemployer pays is an indicator ofhow much value the worker creates– because the employer cannot pay
a person more than the valuecreated by that employee”. I do notfollow the logic of it, but then Ihave never made a formal study ofthe dismal science.
Too many law graduates – MinisterI also mentioned last month that
surrounding the launch of thepaper, Mr Joyce, the Minister ofnearly everything (actually, forthese purposes Tertiary Education,Skills and Employment) wasquoted as saying that there are toomany graduates in law andeducation. The comparison witheducation is in a sense telling,because a degree in education is(generally) very much career-oriented, and Mr Joyce appears tobelieve that the same is true of law.It is true that in New Zealand (andmuch of the rest of the common lawworld, but not the UK, the home ofthe common law) a law degree is aprerequisite to a career in practiceat the Bar or as a solicitor. But a lawdegree equips its holder to manythings apart from the practice oflaw. The skills inculcated includethe ability to master and marshalllarge amounts of material, sortingthe relevant from the irrelevant. Alaw graduate should be able toformulate an argument and presenta case to others. Such skills arehighly transferrable, and will be ofuse in many careers in the publicservice and in the businessenvironment. I believe thatgraduates in the arts and humanitiesmight also graduate with suchskills, but they are not as central tothe educative enterprise as they arein the law. Are there, then, toomany graduates in the arts andhumanities? I wonder what MrJoyce would say to that.
Post-tertiary legal educationThere is another dimension to
the issue that is raised here. SirAndrew Tipping is currentlyengaged in exploring NewZealand’s legal education in thepost-tertiary phase, the phase thatGlanville Williams termed “fromlearning to earning”. Anecdotalevidence suggests that there have
been people emerging from thisprocess, which ends after the 13-week Professionals courses, whoare not equipped to provide legalservices to the public,unsupervised. Some change wasmade recently ensuring that aperson cannot act as a solepractitioner (whether at the Bar, oras a solicitor) without first havingbeen employed for a period of threeyears.
A recent article in TheEconomist surveys the unhappystate of legal education in the USAwhere the law degree is a threeyear postgraduate degree.Notwithstanding that people whotake such degrees are almostexclusively motivated by a desire topractise law in some form or other,the law schools do not do any moreto prepare their charges to practiselaw than is done in New Zealand,and many law graduates are findingthemselves virtually unemployablein that area. Six years of full-timestudy usually generates a sizabledebt come graduation, potentially alarge population of disgruntledlitigants. Questions are being raisedas to whether the UK model mightprovide the answers. There, a lawdegree is not necessary, but thelegal training is offered to non lawgrads first by conversion course,in which the basic subjects(Crimes, Torts etc) are studied,followed by an academic yearof “professional”-type study,followed by longish periods ofstructured, supervised on-the-jobtraining in law firms and chambers(training contracts and pupillagerespectively). That process iscarefully monitored by the LawSociety and the Bar Council foreach of the respective professions.It is not a bad model, and elementsof it might find their way into theTipping report. It would require,however, the backing of bothbranches of the profession, and Iam not at all sure that this would beforthcoming in the currenteconomic climate.
Opinions expressed do not necessarily reflect those of the NZ Law Society Wellington Branch or the Editor.
Council Brief is published for the NZ Law Society Wellington Branch
by Chris Ryan, and printed by APN Print, Wanganui.
Community law manual goes from strength to strength
IN July this year, Community LawWellington and Hutt Valley will release thenext edition of our flagship publication, theCommunity Law Manual 2013-2014.
Recent history of theCommunity Law Manual
From July 2012, the Community LawManual has been published in book form.Buyers can now choose to re-purchase themanual every year, as it is released. For the2012-2013 edition, we secured nearly 500sales of the printed manual. The onlineversion (at www.communitylaw.org.nz)notched up over half a million hits in its firstyear. Law firms, city and local libraries,universities, schools, community groups, theCitizens Advice Bureau, and lawyersvolunteering in CLCs all use the manual as astarting point for answering a large range oflegal questions. We are now more convincedthan ever that the manual is the most relevant,preferred and needed source of plain-Englishlegal information in New Zealand.
Exciting future for the manualWe have been working hard to make sure
it is worthwhile for buyers to purchase a newedition of the Community Law Manual everyyear. This year, we have been developingsome major partnerships, and now havesignificant news to report. We will belaunching three new chapters for the manual,each the result of successful collaborationswith other national providers of legalinformation. These chapters are BenefitRights, Community Organisations and theLaw, and Maori Land Law.
Community organisations and the lawSocial Development Partners (SDP) is a
networking organisation which works with itsmany members to strengthen the capacity andinfluence of the community sector. SDP runsa range of initiatives, including TechSoup,CommVoices, and WorkplaceWellbeing (seewww.socialdevelopment.org.nz). They havealso been key in supporting community
organisations with legal issues, publishing anonline resource known as Keeping it Legal:E Ai ki Te Kure since 2006 (seewww.keepingitlegal.net.nz).
Along similar lines, we at the CommunityLaw Centre receive funding from theWellington City Council to employ a full-time lawyer to provide direct legal assistanceto Wellington’s community groups. We havealso increased our capacity by brokering pro-bono relationships between many ofWellington’s firms and small groups withinsufficient resources to pay for lawyersthemselves. This has provided us with directexperience and expertise in the legal needs ofcommunity groups and what they need in theway of legal information.
Late last year, we saw the opportunity todraw on our shared wealth of experience andbegan discussions about whether Keeping itLegal could be adapted for and perhaps evenreplaced by the Community Law Manual.Because such a great number of ourpurchasers are community groupsthemselves (from small parents’ andcommunity centres, to mental health ordisability service providers, to large nationalcharities), it made perfect sense tocollaborate with SDP and create aCommunity Organisations and the Lawchapter in the manual. Like SDP, we believethat strong community organisations are theheart of New Zealand’s democracy, and areproud to be able to support those groups insuch a concrete way.
Benefit rights – partnership with BenefitRights Service, Wellington
If you have been involved withCommunity Law or with high-needs clients,you will no doubt be aware of the crucialneed for client advocacy when facing thedifficult bureaucracy of Work and IncomeNZ. For many years, beneficiary advocacyservices throughout New Zealand have ledthe way in this work, stepping in where
lawyers often fear to tread, as it goes withoutsaying that there is no money in benefit law.
The Benefit Rights Service in Wellingtonis now located in the same building asCommunity Law Wellington. Apart fromone-on-one advocacy, they also support theirclients and beneficiaries nationwide bypublishing the Benefit Fact File, a one-stop-shop providing beneficiaries and low-income New Zealanders with clearinformation about their rights andresponsibilities in relation to Work andIncome. The Fact File has many hundreds ofsubscribers nationally, and like theCommunity Law Manual itself, the task ofkeeping it updated is very labour intensive.
With major changes to social welfareunder way, both our organisations felt thatnow would the right time to come together toupdate and expand the content, and publishthis information in a resource that isincreasingly becoming the single nationalresource for plain-English legal information.We believe that including a Benefit Rightschapter in the Community Law Manual willreinforce the idea that vulnerable and low-income New Zealanders are both the focusand priority of Community Law.
Maori Land Law – partnership with ourown Kaupapa Maori Legal Service
In 2011, Community Law Wellington andHutt Valley launched a new Kaupapa Maorilegal service. This service has now expandedto include three lawyers and threecommunity advocates across our two officesin Wellington and Te Awa Kairangi. Some ofour lawyers have come via the Maori LandCourt, and were in the perfect position todevelop a chapter based around the mostcommon Maori land law questions. Theyworked closely with lawyers in our sisterCLC, Ngai Tahu Maori Law Centre, to craft achapter making it easier for court applicantsand their supporters to navigate land courtprocesses. We remain committed to makingCommunity Law relevant and useful for
Maori and this chapter is one way of puttingthis commitment literally on paper.
To infinity… and beyondFor the Community Law Manual 2014-15,
buyers can anticipate at least another twonew chapters: one on Internet and the Law(covering everything from internet safety tofile-sharing and internet trading), andanother on general Maori Legal Issues (forexample, tangihana rights and user-friendlyfisheries information).
We write and commission new content forthe Community Law Manual based on themany and varied questions clients bring to usthrough in-house and outreach clinics, ateducation sessions, and as we engage incommunity development work. Our contactwith the ‘coalface’ of the community meanswe know what issues are hot, and whatinformation is simply not available forpeople who are urgently looking for answers.There is of course a limit to how manychapters we can include without taking amoment to consider which existing chaptersare no longer as relevant, or have a naturalhome elsewhere. For the 2014-15 edition, wewill be looking closely at each chapter andconsulting widely with the community, towork out what should stay, and what mustsadly go.
What now?If you don’t already have a copy of the
Community Law Manual, place youradvance order now by [email protected] for more information.
Or, check us out for free atwww.communitylaw.org.nz, and send usyour feedback.
MADESIGNm
Answers for puzzles from page 21 6. We know that O = 1 because any other
digit will give us a number that, whenmultiplied by itself, will produce a numberthat begins with a digit other than thedigit selected (eg, 1 x 1 = 1 but 2 x 2 =4). We know that N < 5 because 140 x140 = 19600 and 150 x 150 = 22500.Since E is not the same as T, we knowthat E cannot be a 0, 1, 5, or 6 as thesquare of one of those digits produces anumber that ends in the same digit (eg,6 x 6 = 36). Testing out the digits that fitwhat we know reveals that the maskedequation is 134 x 134 = 17956.
2 2 hxg5 at g6 (en passant rule) 2…Kh5(forced) 3 Rxh7#
By Alexandra KeebleCommunity Law Wellington and Hutt Valley
CVs availableat Wellington
BranchTHE Wellington BranchNZLS holds the CVs oflawyers and peoplepreparing for admissionwho are looking foremployment. Contact theBranch to see whetherwe can match up acandidate with the skillsyou are looking for.
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COUNCIL BRIEF, MARCH 2013 – Page 8
SITUATIONS VACANT
We are seeking a solicitor with three plus years experience in the Family Court to handle day to day care,contact, domestic protection and relationship property issues. The vacancy has arisen as a result of thesolicitor previously handling this work having returned to Australia and the opening is immediately available.
The opening should appeal to a solicitor who is contemplating moving to Hawkes Bay to live having donetheir travelling overseas and wanting to settle down. Hawkes Bay offers a wide variety of entertainmentand recreation and has a climate second to none in New Zealand. There is easy access to beaches and thewine industry and restaurants are flourishing. The present partners in the firm have all moved to HawkesBay from city firms and have had wide experience in their fields, both before and after moving, which willbe invaluable for a suitable applicant. Partnership prospects will be available to a suitable applicant.
Our firm has a strong litigation section specialising in both civil and relationship property (together withclaims against Trusts and estates) and it has a significant presence in Hawkes Bay as a result. The presentpartners have had experience in the Family and District Courts, the High Court, The Court of Appeal andthe Supreme Court and will be able to pass on their experience and expertise in these Courts.
Applications should be made to the firm by either post or email at the following address:
TO Commemorate 100 years since the firstwoman graduated in Law from VictoriaUniversity of Wellington, WellingtonWomen Lawyers Association, in conjunctionwith Victoria University Law School, isrunning an essay writing competition.
Two prizes of $750 are offered.The topic for the essays – Harriette’s
challenges one hundred years on: same ordifferent? – reflects on the career of HarrietteVine who was the only woman in hergraduating class of 1913. Read aboutHarriette Vine in the adjoining story.
Although Harriette practised law for manyyears, she never made partner. In was in factanother 33 years until a woman became
partner in a New Zealand law firm; 62 yearsuntil the first woman District Court Judge; 75years until the first women QC and 80 yearsuntil the first woman High Court Judge. In2013 women make up the majority of everyNew Zealand law school graduating class, andhave done so for more than 20 years. Womenare still not, however, equally represented atthe senior levels of the profession: as partnersor principals, QCs or judges.
Essays should outline what challenges facewomen law graduates in 2013, and how suchchallenges may be addressed. Alternatively,or as well, you may discuss whether (andwhy) there are members of other minoritygroups, who are currently completing their
Essay competition to commemorate firstVictoria woman law graduate
Who’s Harriette Vine?
Please contact the solicitors concerned if you are holding a willfor any of the following:
FOR URGENT ACTIONWILL ENQUIRIES
■ The cost of a will notices is $57.50including GST. Please send paymentwith your notice.
■ Will notices should be sent to theBranch Manager, NZ Law SocietyWellington Branch, PO Box 494,Wellington.
ARBUTHNOTT, Eileen EdnaLate of 32 MacLaren Street,Upper Hutt. Widow. Aged 94.Born 12 November 1918.Died at Lower Hutt 3 January 2013.Public Trust (Gerard Rush)PO Box 4549, ChristchurchDX WP20327Tel 03 977 3906 Fax 03 977 [email protected]
CROW, Dawn VeronicaDied at Wellington on 17 January 2013.Treadwells (Malcolm Galloway)PO Box 859, Wellington 6140DX SP20005Tel 04 472 1783 Fax 04 473 [email protected]
HENARE, Kathryn Constance RoseLate of 20 He Awe Crescent, Waikanae.Died at Mary Potter Hospice on7 February 2012.Duncan Cotterill (Peter Connor)PO Box 10-376, Wellington 6143Tel 04 499 3280 Fax 04 499 [email protected]
MABEY, Douglas HenryLate of 502 Main Road, Waikanae.Facilities Manager.Date of birth 19 May 1956.Died 5 January 2013.Coubrough Law (Mark Coubrough)PO Box 10-070, Wellington 6143DX SP23516Tel 04 499 2445 Fax 04 499 [email protected]
REICHEL, MiroslavaLate of 120 Dimock Street,Titahi Bay, PoriruaRetired. Divorced. Aged 85.Died at Wellington 4 January 2013.Public Trust (Michelle Buckley)PO Box 31446, Lower HuttDX RP42084Tel 04 978 4833 Fax 04 978 [email protected]
CLANZ conference bookings openYOU can now register online for the 2013 CLANZconference, ‘Agents of Influence’.
The conference is being held on 16 and 17 May inNapier at the War Memorial Conference Centre.
Many exciting sessions and workshops are plannedwith an array of high-quality speakers from across thecorporate and government sectors and elsewhere. A
number of social functions are planned.Earlybird registration as a premium member before
31 March saves you money and also places you in thedraw to win a luxury long weekend at Pacific ResortAitutaki.
Go to www.clanzonline.org for more detailedinformation and to make bookings.
THE NZLS Library has placed anew research computer kiosk in theWellington District Court. Usersneed to bring their own paper toprint from the machine. Access toall the databases available onbranch library computers isavailable.
The Library is currentlyworking to find a temporary site forthe Masterton computer until thecourthouse reopens.
New Australian online resourceThe Wellington Library now has
Heydon Trade Practices Law/Competition and Consumer Law asan online database rather than as alooseleaf. It is available in theWellington Library (and Aucklandand Canterbury) only. Thelooseleaf version has beencancelled. You can access it on thecomputer menu under either byJurisdiction – Australia or bySubject – Company andCommercial.
New Copy ListFamily law policy in New ZealandWellington: LexisNexisKN170.L1 FAM
Judicial workload: time, tasks andwork organisation, Melbourne:Australasian Institute of JudicialAdministration KL240.K1 MAC
Principles of criminal lawWellington: Thomson ReutersKM500.L1 SIM
Research computer inCourt Lawyers’ Room
By Robin AndersonWellington Branch Librarian
❑ Library News
law studies, who face greater challenges thanmost Pakeha women graduates do.
Essay length should be 3,000 wordsmaximum (including substantive footnotes)and preferably written in compliance with theNZ Law Style Guide.
Closing date is midday Friday 30 August2013, via electronic drop box (drop box/emailaddress is [email protected] Pleaseput ‘VUW and WWLA Essay Competition’ inthe subject line). Two winners will beannounced at an event on Women’s SuffrageDay, 19 September 2013 at a venue to beconfirmed.
HARRIETTE JOANNA VINEwas born at home, at PrimroseHill, Mornington, Dunedin on 6April 1878 to English immigrants,Edward and Sarah Vine. Harrietteattended Anderson’s Bay School,and then Otago Girl’s HighSchool. At some stage after 1894,Harriette shifted with her family toWhanganui. The WanganuiHerald records her as havingpassed the “Matriculation andsolicitor’s general knowledge”University Examinations in 1904.
In June 1913, Harriette wascapped with her Bachelor of Lawsby the Chancellor of theUniversity of New Zealand, SirRobert Stout, at the VictoriaCollege capping ceremony in theConcert Chamber of the Town
Hall. Harriette went on to beconferred with a Master of Lawsin 1915. There were no otherfemale garduates in law that year.By this stage, Harriette was 37years old and so must have beenone of the earliest maturestudents.
After graduating, Harriettespent her entire career working forthe firm Treadwell and Gordon inWhanganui, specialising inbanking, trust, wills and companywork. Her arrival in Whanganui,as the first woman lawyer,apparently generated someinterest. However, as she wasknown affectionately round theoffice as “Venus” or “Hat”, it isclear she was accepted as part of theoffice. Harriette also completed
accountancy qualifications so wasobviously a believer in continuingeducation.
Outside of the law, Harriette’sinterests included volunteer workas a serving sister and secretary/treasurer with the St John’sAmbulance Association. In 1930she became an officer of the Orderof St John and was made a Dame ofthe British Empire in recognitionof this work. Harriette also gainedher pilot’s licence which was a fairlyunusual accomplishment for awoman of that time.
Harriette was devoted to thelaw. So much so, that she slept on asofa in one room of a shed likebuilding with six large glass-fronted bookcases in which herrather substantial law library was
stored. The building had beenerected after Harriette’s parentshad died and the family home wastorn down on her instructions.
Harriette never married or hadchildren but was a generous auntyto her nephews and neices.Harriette ordinarily rode a bike towork and parked it in her office.She continued to work until herdeath. In fact she was killed whenwalking home from work and afterbeing hit by a train in 1962 at age84. Harriette left her property inWatkins Street to the WhanganuiCity Council on which theHarriette Vine Kindergarten nowstands.
This unique, remarkable womandeserves to be remembered by thoseof us following in her footsteps!
