“I spy …” – Attorney-General’s insights on security...

www.adls.org.nzISSUE 8 24 MARCH 2016

LAWNEWS

THIS ISSUE:

“I spy …” – Attorney-General’s insights on security and intelligence

International arbitration – from Rainbow Warrior to TPPAUnderstanding peer-to-peer lending

+ Intelligence and security

ATTORNEY-GENERAL GIVES BEHIND-THE-SCENES GLIMPSE AT NZ’S SPY WORLD

Over 140 attendees at ADLSI’s inaugural “Breakfast with the Attorney-General” earlier this month were treated by the Hon Chris Finlayson QC to an insight into “the scary world of spies”.

In addition to his Attorney-General “hat”, Mr Finlayson is also the Minister in charge of the New Zealand Security Intelligence Service (NZSIS) and the Government Communications Security Bureau (GCSB).

He describes this oversight role as “one of the most interesting jobs I have”, and, with United States’ intelligence chief James Clapper recently in town and much interest in the media over the recently-completed independent review by Sir Michael Cullen and Dame Patsy Reddy of intelligence and security in New Zealand, the role and scope of New Zealand’s intelligence operations (both domestically and in terms of how we interact internationally) are certainly topical.

Greater transparency

As Mr Finlayson acknowledged, our security and intelligence agencies “haven’t exactly covered themselves in glory” in years gone by. In the old Continued on page 2

“cloak and dagger” days of spying, the agencies “tried to keep from the public as much as they could and disclose only what was strictly necessary”. Indeed, while the SIS came out of the police force some 60 years ago, the GCSB was not even acknowledged to exist until 1997, and there was no legislation governing it until 2003.

However, he stressed the “sea change” in their approach nowadays – “they tell the public as much as possible and only keep confidential what is really necessary”. “Now, people accept we need these agencies, while recognising that, as they have a large amount of power, they do need to be tightly regulated.”

He says that the critical issue is “to have agencies that are well-run but subject to rigorous scrutiny”. As part of this, Mr Finlayson works closely with the Inspector-General of Intelligence and Security and the Commissioner of Security Warrants, and praised both the current incumbents of those roles.

While the Inspector-General used to be a retired judge or general, who would be “brought out as and when to look at a few things”, Cheryl Gwyn now has additional powers to conduct de novo reviews and be more robust about supervision of the agencies. “I have no control over what

Newly sworn-in District Court Judge Emma Parsons is pictured here with Principal Youth Court Judge Andrew Becroft (left) and Principal Family Court Judge Laurence Ryan (right) at her swearing-in ceremony on

Tuesday 15 March 2016. ADLSI and Law News congratulate the new Judge on her appointment.

ISSUE 8, 24 MARCH 2016

Editor: Lisa Clark

Publisher: Auckland District Law Society Inc.

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+ Intelligence and security

ATTORNEY-GENERAL GIVES BEHIND-THE-SCENES GLIMPSE AT NZ’S SPY WORLDContinued from page 1

she does and when she reports, which is a good thing,” Mr Finlayson emphasised.

The Commissioner of Security Warrants is similarly rigorous, with the task of asking questions about proposed warrants and to what conditions they should be made subject before they are signed. “You couldn’t get anything past [former Commissioner] Sir John Jeffries, and [current Commissioner] Sir Bruce Robertson adopts a similar approach,” said Mr Finlayson.

One statute?

One of the suggestions in the Cullen-Reddy review is that we have one statute to govern the country’s security and intelligence agencies, instead of the current array, which includes the New Zealand Security Intelligence Service Act 1969, the Government Communications Security Bureau Act 2003, the Intelligence and Security Committee Act 1996 and the Inspector-General of Intelligence and Security Act 1996.

Continued on page 3

Mr Finlayson is likewise in favour of one piece of legislation (“I don’t believe in micro-legislation”), and says that we also need to bear in mind that all of the legislation in question is “hopelessly out of date”. For example, the New Zealand Security Intelligence Service Act of 1969 has not had a thorough overhaul in decades and still has a “keep an eye on the commos” flavour, reminiscent of that time.

Simply amending and re-amending legislation does not accord well with the Attorney-General’s self-confessed “tidy mind complex” – there comes a time, he says, when legislation has been amended so much that the fundamental structure is altered and it needs a total re-write.

He envisages one statute which could contain a fundamental statement of human rights principles, describe the agencies and set out their powers and relationship with each other, and provide for independent scrutiny of them by Parliament and externally.

ADLSI Vice President Joanna Pidgeon and Attorney-General the Hon Chris Finlayson

Chief Justice the Rt Hon Dame Sian Elias, Jeremy Steel and David McGregor

Frank Godinet, Paul Dale and Marlene Dale Attorney-General the Hon Chris Finlayson, Paul Borich and his Honour Judge Brooke Gibson


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Interaction between GCSB and NZSIS

Another key question being asked is to what extent the GCSB should be able to target New Zealanders for intelligence-gathering purposes? The critical issue from his perspective is to what extent the GCSB should be able to provide assistance to the SIS. Should section 14 of the Government Communications Security Bureau Act be changed and a new formulation be introduced along the lines suggested in the Cullen-Reddy report?

Of course, says Mr Finlayson, the GCSB and the SIS have learned to cooperate, and it is “acceptable” for them to share some resources and facilities, but he stressed that “one statute” should not mean “one security agency”, and that any blurring of the agencies’ current distinct roles “would concentrate too much power in too few hands”.

Other key questions raised by Mr Finlayson include:

• What degree of parliamentary control should there be over our security and intelligence agencies?

• What degree of supervision should the Intelligence and Security Committee (established in 1996 to oversee and review the NZSIS and the GCSB) have?

• Who should be on the Intelligence and Security Committee – should more parties be involved?

• Are the powers of the Inspector-General of Intelligence and Security adequate?

• Should there be additional Commissioners of Security Warrants, with some serving judges amongst the pool?

These types of questions are of great interest throughout the Commonwealth at the moment, and we are not the only ones trying to strike the right balance.

Mr Finlayson stressed the importance of “not having a rushed legislative process on this issue”, and he looks forward to practitioners throughout the country having their say.

He hopes that the Cullen-Reddy report will be the source of “much discussion” and was quick to point out that the Government “has not drawn any conclusions yet”, and will not do so before first having a “full and frank discussion” with relevant stakeholders.

The Hon Justice Helen Winkelmann, Kate Davenport QC and Gillian Coumbe QC

Lorraine Smith, Marie Dyhrberg QC and Julien Leys Elise Robinson and Chontelle Climo

Attorney-General the Hon Chris Finlayson and Miriam Dean QC Attendees enjoying the chance to chat before breakfast

Continued from page 2

To our readers: Law News will be taking a break during the week of Easter Monday.

We hope you have the opportunity to enjoy some time off over this period too! We look

forward to seeing you again for Issue 9, which will publish as usual on Friday 8 April 2016.


International arbitration expert Gary Born has been visiting the country recently as part of the Arbitrators’ and Mediators’ Institute of New Zealand (AMINZ) conference, which this year took place in Queenstown earlier this month.

The theme of this year’s conference was “Dispute Resolution on the Edge” – something Mr Born is well-qualified to speak about, having been at the leading edge of international arbitration for many years. As a partner at the London office of US law firm Wilmer Cutler Pickering Hale and Dorr LLP and Chair of its International Arbitration Practice Group, he heads a team of 70 people and is widely regarded as the world’s preeminent authority on international commercial arbitration and international litigation.

Mr Born has participated in more than 600 international arbitrations under all leading institutional rules, including four of the largest ICC arbitrations and several of the most significant ad hoc arbitrations in recent history. He also regularly sits as an arbitrator and has served in this capacity in more than 200 arbitrations.

Law News was fortunate to speak with Mr Born while he was on our shores, and took the opportunity to quiz him about his involvement in the historic arbitration between Greenpeace and the Republic of France (arising out of the sinking of the Rainbow Warrior in 1985), his views on investor-state arbitration provisions in the TPPA and other free trade and bilateral agreements, and his experiences of international investment arbitration generally.

Greenpeace v the French Republic

The sinking of the Rainbow Warrior is an event which still resonates today as a dark day in the history of our country. As every New Zealander knows, the investigations subsequent to the incident exposed the involvement of the Republic of France in the tragedy, leading to much outrage and media coverage worldwide.

For Mr Born, the arbitral proceedings which came in the aftermath of the incident were his first taste of international arbitration. He represented Greenpeace and helped secure for it a substantial sum in compensation for the destruction of its vessel. By anyone’s standards, it was a noteworthy case with which to commence one’s career, and despite (or perhaps because of ) its several unusual aspects, Mr Born describes it as a “chief contender” for the “highlight of his career” case.

“It was a unique experience – it wouldn’t matter if it was your first arbitration or your last arbitration. It was different for many reasons – because it was a claim against a state under international law, because there was a specially-

Gary Born

+ Arbitration, dispute resolution

From the Rainbow Warrior to investor-state arbitration – Law News speaks with top international arbitrator Gary Born

created tribunal just for this case, because of the popular interest that the incident generated (not only in New Zealand but internationally), and also because there were lots of interesting legal issues for the lawyers.

“At the beginning, it involved a detective story of sorts, as no one initially knew who the perpetrators were. Once the French eventually acknowledged that they had been involved and expressed a measure of desire to make

reparations, negotiations could begin. However, although in principle they were prepared to pay compensation, there was a fairly wide disparity in terms of what the amount should be, so that was the principal issue in the arbitration.”

Obviously, it is hard to talk of “satisfaction” with a negotiated outcome in this kind of situation. But Mr Born considers that, to the extent possible in the circumstances, both parties were in accord with the outcome that was ultimately achieved.

“It’s a qualified ‘yes’. The result produced acceptance – the French paid and Greenpeace didn’t pursue further claims. On the other hand, the tribunal recognised that you can’t entirely repair things after an event like that and that there are definitely limitations to the legal process – it was ultimately a very fundamental international wrong and someone died as a result of it. However, I think that both sides thought the result was fair and neutral and that the legal process did as well as it could.”

Investor-state arbitrations under free-trade/bilateral investment agreements

As Mr Born has been involved in many investor-state arbitrations under all manner of international agreements, we wanted to know what he thought about the investor-state arbitration chapter of the TPPA which has been big news here recently – and not all of it positive.

Mr Born stressed that any means of dispute resolution is “a kind of damage control or damage limitation”. International investment disputes involving claims against states and/or governments can present “especially difficult issues”, he says. On the whole, he considers that arbitration has done a reasonable job of resolving disputes in this context – “better than the alternative”, in any event.

“There is no perfect way to resolve international disputes – that was true for the Rainbow Warrior case and it is also true in international investment and international business disputes. These kinds of disputes are, by their very nature, destructive rather than constructive. They detract from productive enterprise, so there is a real interest in getting them resolved in the fairest, most efficient way possible.

“The objective of international arbitration is to provide a form of dispute resolution that is genuinely neutral, whomever the dispute is between. A process that allows both parties – the investor and the host state alike – to put their claims and defences in an international, neutral and reasonable expert proceeding is the best way to resolve such disputes.

“There have been 400 or so investment dispute arbitration awards reported. Although one can

Continued on page 10

“There is no perfect way to resolve international disputes – that was true for the Rainbow Warrior case and it is also true in international investment and international business disputes. These kinds of disputes are, by their very nature, destructive rather than constructive. They detract from productive enterprise, so there is a real interest in getting them resolved in the fairest, most efficient way possible.”

Gary Born


By John Bolton, Managing Director of Squirrel Money

This is a pretty fair question given it is still early days in the industry, but with four players now in the market and over $200 million of lending facilitated to date, the peer- to-peer lending landscape in New Zealand is poised for growth and with that a heightened level of media attention. So what is it all about and why should you be aware of it?

Peer-to-peer lending involves matching investors with borrowers via online platforms designed to improve transparency and efficiency and, ultimately, to reduce the operating costs associated with traditional banking models. Investors benefit from earning a higher interest rate than prevailing bank deposit rates and gain exposure to an alternative asset class that adds diversification to their investment portfolio. Borrowers benefit from lower personal loan interest rates and a fast, simple online application process.

Peer-to-peer lending, while in its infancy in New Zealand, has already been hugely successful overseas since first launching in the UK in 2005. UK peer-to-peer lenders have since facilitated over £4.4 billion of lending with key industry players being the likes of Zopa, RateSetter and Funding Circle. The US market has experienced similar growth since launching in 2006 with key players Lending Club and Prosper having originated over US$15 billion and US$5 billion of loans respectively.

Harmoney was the first peer-to-peer lender to launch in New Zealand back in September 2014 and has since facilitated over $200 million of loans through its platform. Harmoney was joined by new entrants Squirrel Money in November 2015 and LendMe and Lending Crowd during December 2015. Squirrel Money has adopted a reserve fund approach to protect investors and has chosen to not use institutional funding. LendMe is focused on first mortgage and business lending up to $2 milllion and Lending Crowd is targeting secured personal loans mostly for the purchase of motor vehicles.

There are two quite different peer-to-peer

+ Commercial law, upcoming CPD

New Zealand peer-to-peer lending – “What is it all about and why should I care?”

John Bolton Jeremy Muir

lending models provided in New Zealand – those that mitigate risks for investors by loan fractioning and those that utilise a reserve fund. Squirrel Money is currently the only operator to adopt a reserve model whereby investor principal and interest repayments are protected by a reserve fund, funded by a percentage of borrower repayments, and held in a trust on behalf of investors to offset future credit losses.

This differs from other peer-to-peer lending operators in New Zealand where investors are exposed to the underlying credit risk of the loan in which they have invested. The risk is managed by the investor diversifying its investment across a large number of loans. This is done by investing in small proportions of loans called fractions. Investing in loan fractions means that investors have to invest in a large number of loans to reduce their credit risk exposure, with the goal of earning a sufficient net return across their portfolio which compensates for the level of credit risk.

The peer-to-peer lending market offers attractive returns to investors, especially given current low interest rates where bank cash deposit rates have dropped below 3.0% p.a. and savings accounts are paying less than 1.50%. Early investors in the Squirrel Money platform have locked in interest rates of between 8 to 9% p.a. for the next two to

five years. Harmoney reports an average realised annual return of 12.86% p.a. across all investors, while LendMe and Lending Crowd report gross investor rates on offer between 5.74% to 13.09% and 7.9% to 18.74% respectively (prior to the deduction of service fees and credit losses).

The New Zealand peer-to-peer market is poised for strong growth with the four current operators providing differing propositions to potential investors. Sure, there is a greater level of risk involved as opposed to simply depositing cash in the bank, however, each operator has measures in place to reduce the risk for investors. Peer-to-peer lending is very much the “new kid on the block” and naturally will be treated with early caution, but in the context of the returns on offer, it certainly warrants some attention and I think should be considered in every investor’s portfolio.

John Bolton is the Managing Director of Squirrel Money. He and Jeremy Muir (Partner, Minter Ellison Rudd Watts) are presenting a webinar in ADLSI’s popular Commercial Law Series on Thursday 7 April 2016, from 12.00pm-1.00pm, entitled “Understanding Peer-to-Peer Lending: Information & Insights”. For more details, please see page 9 or visit the CPD area on our website www.adls.org.nz/cpd. LN

The ADLSI Documents and Precedents Committee is inviting members to get in touch with their comments and suggestions on the ADLSI/REINZ Agreement for Sale and Purchase of a Business.

+ Update from ADLSI’s Documents and Precedents Committee

Agreement for Sale and Purchase of a Business

All correspondence received will be considered by the Committee in their review of the agreement.

Suggestions should be made in writing to the Document and Precedents Manager, Ben Thomson, at [email protected].


As reported in Law News Issue 3 earlier this year (19 February 2016), well-known Auckland criminal and youth lawyer, Jim Boyack, has joined the ranks of notable lawyer-poets and has published his first collection of poems under the title Gracing the Wind. So well-received has the collection been that the first print run of Gracing the Wind sold out at its launch event on 28 February 2016, leaving many wondering how they can obtain a copy.

More than 100 people attended the launch, from all walks of life including many judges and spouses, colleagues, lawyers, family and friends. Peter Calder of the Herald MC-ed the evening, with a number of Jim’s supporters also speaking about the book and its background. Helen Bowen and Cathy Harrison shared about how this 120-page book was brought to life just 39 days after inception.

Dr John Weir (who edited the collection) attended from Christchurch and shared anecdotes about friend and colleague J.K. Baxter.

+ Law and poetry

Gracing the Wind by Jim Boyack

He touched on Jim’s poetic naissance in America in the 1960s, noting the echoes of both New Zealand and American vernacular apparent in his writing, and welcomed him into the coterie of published New Zealand poets. Jim treated those in attendance to a reading of several of his poems, and graciously responded to calls for encores.

LN

Next Jim Boyack poetry reading …

Time & date: 4pm, Sunday 3 April 2016

Venue: All Saints Church, Ponsonby Rd

All welcome, no charge to attend.

Gracing the Wind will be available to purchase on the night. Anyone else wishing to purchase a copy may request a pre-order by emailing [email protected].

LN

But to those who missed out on the launch and on obtaining a copy of Gracing the Wind, never fear! A second printing of 100 books is underway, and Jim is holding another poetry evening (details below). There, he will read poems dating from the 1960s to the present (included writings based on his time in Tahiti). Attendees will also get the chance to hear from retired Judge John Adams who will be a guest poet on the night.

An attendee at the launch in February peruses Gracing the Wind during Jim’s reading

Topping off a milestone for Christchurch’s Justice and Emergency Services Precinct, Justice and Courts Minister the Hon Amy Adams placed the last bit of cement on the Christchurch Justice and Emergency Services Precinct’s rooftop this month as part of the Precinct’s “topping-off” ceremony.

“There’s now just over a year to go until we deliver on our commitment to provide Cantabrians with modern and effective justice and emergency services,” Ms Adams says. “The project is running to schedule and on budget.”

The topping-off marked the end of the construction of the major structural steelwork and roof and the beginning of the next phase, which is completing the enclosing of the buildings and beginning work on the interior.

Ms Adams joined representatives from the eight different justice and emergency services to be housed in the Precinct, as well as members of the project team, to commemorate the topping-off ceremony.

Currently, Christchurch court services are available from four different locations. The $300 million Precinct will bring these court services and all justice and emergency services together into one modern building, right at the heart of the city.

“With its 19 court rooms, dedicated Emergency Operations Centre and its

+ News from Christchurch

Christchurch Justice and Emergency Services Precinct “topped-off”

capacity to continue operations during national emergencies such as floods or earthquakes, the building is well equipped to serve Cantabrians into the future,” says Ms Adams.

The largest multi-agency project in New Zealand’s history, and an important part of the Canterbury rebuild, the Precinct is scheduled for completion by early 2017 and to be in use by mid-2017.

About the Christchurch Justice and Emergency Services Precinct:

• Three buildings: a justice building, an emergency services building and an

operational car park building.

• Five levels: 42,000 square metres of floor space.

• 19 courtrooms: encompassing the High Court, District Courts, Family Courts, Youth Court, Maori Land Court, Environment Court and other special jurisdictions.

• 1100 staff.

• 900 daily visitors.

• 72+ hours’ emergency operations resilience.

(Left) Justice Minister Amy Adams smoothes out the last bit of cement at Christchurch’s Justice and Emergency Services Precinct, and (right) with other justice

and emergency services representatives at the topping-off ceremony.


General Editor: Warren Brookbanks

Therapeutic Jurisprudence: New Zealand Perspectives explores the therapeutic potential of law in an eclectic range of subject areas. These include the role of apology, addressing problem gambling, employment dispute resolution, problem-solving courts, and the Maori experience of law. The book is divided into two parts, exploring theoretical and practice issues respectively.

Price: $86.00 plus GST* ($98.90 incl. GST)

Price for ADLSI Members: $77.40 plus GST ($89.00 incl. GST)*

(* + Postage and packaging)

To purchase this book, please visit www.adls.org.nz or contact the ADLSI bookstore by phone: 09 306 5740, fax: 09 306 5741 or email: [email protected].

+ Book

Therapeutic Jurisprudence: New Zealand Perspectives

LN

Simmonds Stewart is pleased to announce the appointment of Victoria Stewart as chief executive officer of the firm, effective from 1 April 2016. Ms Stewart also re-joins the firm as a partner from that date, after working part-time in 2016.

Ms Stewart is a senior commercial lawyer who is widely respected by both customers and suppliers in the tech community. She founded Simmonds Stewart with Andrew Simmonds in 2006, and has been an integral part of the business since that time.

“Simmonds Stewart is enjoying rapid growth in its New Zealand and international client base. I am excited to lead the firm’s talented team as we invest to support and accelerate growth,” said Ms Stewart.

With the creation of the new chief executive role, Andrew Simmonds will become chairman of partners.

Simmonds Stewart is a boutique technology law firm with offices in Auckland and Wellington. The firm represents many tech companies in New Zealand and in Southeast Asia, and has published an extensive library of free legal templates for use by technology companies at www.simmondsstewart.com/templates.

+ Appointments

New leadership for technology law firm Simmonds Stewart

Victoria Stewart

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Prepared by Sacha Jugum, Editor of ADLSI’s Bulletin

Family Protection Act 1955 – appeal against Family Court decision amending will – appropriate length of right of occupancy of adult child – applicable principles – “would” versus “could” – wise and just testatrix [will-maker] – proper maintenance and support – relative financial position of adult children of deceased – content of file notes – appeal allowed – will is not to be amended.

Mrs M was a mother of five adult children, some of whom were financially comfortable and some of whom were not – in Mrs M’s lifetime and at a time of her [and her husband’s] increasing infirmity, there was a broad family agreement that I, Mr & Mrs M’s son, should reside with Mr & Mrs M to care for them and provide support – I did so on a rent-free basis – I paid only nominal expenses but nevertheless provided support and was a “diligent” son to both parents and then the widowed Mrs M – I also worked as a truck driver and lived his own adult life – Mrs M’s other children also assisted with her care with two daughters in particular being in “constant” contact – Mrs M’s will provided for I to have a ten-year period of free residency in the home after her death [this timeframe could be shortened in certain specified circumstances] – Mrs M’s other children took issue with this and argued that I should have a far shorter time of rent-free occupancy and then needed to make his own way – the other children argued their mother had breached her moral duty to them because she had given I an advantage over them – consideration of the benefit to I by the rent-free arrangement with his mother during her lifetime.

+ Case summary

Martin v Finlayson & Ors [2016] NZHC 81 (Fogarty J)

The Family Court considered the relative needs of the adult siblings and referred to the view that I could have saved funds to assist himself [I had suffered mixed financial fortune] – consideration of the file note on the issue of the length of the occupancy Mrs M wanted to give I and her reasons for doing so – the Family Court “amended” Mrs M’s will, and shortened the rent-free period to the end of 2015 – I appealed this decision – applicable principles – consideration of Family Court reasoning – consideration of case law – consideration of extent to which a moral duty is to be “repaired” through amendment of a will – analysis of “perception of unfairness” – whether Family Court erred in law – application of “wise and just testatrix” [will-maker] test – weighing of moral claims.

Held: the Family Court has been “captured” by the economic evidence – in [the High Court Judge’s] respectful opinion the Family Court judgment contains an error of law – it is not for the judge to express a personal view – proper maintenance and support does not require a balancing of contributions – the question that should have been asked was whether a wise and just testatrix [will-maker] discharging a moral duty could have given I a ten-year period of residency [and whether] they would have given I that residency is a different question – appeal allowed – it follows that Mrs M’s will is not amended [so the original ten-year period of residency remains in force].

A PDF of this case is available from the Judicial Decisions Online section of the Ministry of Justice website – https://forms.justice.govt.nz/jdo/Introduction.jsp.


Selected CPD CPDTo view all ADLSI CPD & register: www.adls.org.nz/cpdEmail us: [email protected] Phone us: 09 303 5278

Featured CPD

Wednesday 25 May 2016 12pm – 1pm

1 CPD HOUR

A Future Beyond the Law: Retirement and Succession Planning for Lawyers Most successful lawyers are good at planning and setting goals to further their careers. Effective planning for retirement is less common. This is a problem particularly for partners in small firms and for sole practitioners. Delivered in a conversational style, this broadcast seeks to provide guidance on securing a successful exit from legal practice. It will also address intangible aspects of succession-planning that are frequently overlooked.

Learning Outcomes• Gain insights from those who have assisted practitioners in navigating exits from small firms and sole practices.• Learn key factors to prepare and plan for in relation to retirement and succession-planning.• Recognise intangible factors that require addressing in order to secure a purposeful life beyond the practice of law.

Who should attend?All lawyers in established careers (particularly partners in small firms and sole practitioners) seeking pathways for transitioning out of full-time practice as a partner or principal.

Presenters: Emily Morrow, Executive Consultant; John Clark, Consultant, Mentor and Author

Interviewed by: Liz Gunn, Broadcaster and Journalist

Wednesday 6 April 2016 12pm – 1pm

1 CPD HOUR

The New Zealand Bill of Rights Act: Maximising its PotentialThe New Zealand Bill of Rights Act is currently underutilised in the New Zealand civil law context. This webinar will focus on innovative but practical uses that might be made of the Act in civil law.

Learning Outcomes: • Gain insights into how the Act has been used in comparable foreign civil jurisdictions and how this case law can be applied here.• Understand better how sections 4, 5 and 6 of the Act are applied in practice and how best to utilise them.• Learn how to use the Act to best effect in both transactional and litigation contexts in a range of areas outside its established use in the criminal courts.

Who should attend?Any lawyers practising in education, public law, immigration, civil litigation and other areas that can be characterised as involving rights.

Presenter: Kris Gledhill, Senior Lecturer, Faculty of Law, the University of Auckland

Cradle to Grave Conference 2016 – 6.75 CPD hrsRegister by 18 April to take advantage of the great Early Bird Rates!The Cradle to Grave Conference 2016 provides an exciting range of topics highly relevant to general practitioners, as well as trust, property and family law specialists. Providing practical insights into a number of topical issues, there will be much to learn from the highly respected presenters in the 6.75 CPD hours.

Presenters: Anthony Grant, Barrister, Radcliffe Chambers; Professor Charles Rickett, Dean of Law, AUT; Juliet Moses, Partner, TGT Legal; Rick Shera, Partner, Lowndes Jordan; Sandra Grant, Barrister, Shortland Chambers; Tammy McLeod, Director, Davenports Harbour Lawyers; Denham Martin, Barrister; Chris Kelly (Auckland session), Consultant, Greg Kelly Law Ltd; Greg Kelly (Christchurch session), Principal, Greg Kelly Law Ltd; Sonja Clapham, Barrister, Shortland Chambers; Brian Carter, Barrister, Bastion Chambers

Chair: Bill Patterson, Partner, Patterson Hopkins

Proudly sponsored by: Avis | LexisNexis | Ryman Healthcare

Monday 9 May 2016 Auckland

Thursday 12 May 2016 Christchurch

8.45am – 5pm

Tuesday 21 June 2016 4pm – 6.15pm

2 CPD HOURS

Commercial Law Series: Limited Partnerships – Unlimited Potential?In effect for 8 years by the date of this seminar, the Limited Partnerships Act 2008 provides commercial clients with another option for structuring an entity – but its suitability in each situation should be well considered in advance. This seminar will cover key topics from the legal and financial perspectives.

Learning Outcomes:In respect of limited partnerships:• Reinforce your knowledge of the statutory requirements, structure and distinguishing features.• Gain a deeper understanding of the advantages and disadvantages involved.

• Get to grips with the tax considerations and impact, including tax allocation.• Understand more about such issues as privacy/disclosure of information, guarantees in financing transactions and the interplay with securities law and insolvency.

Who should attend?Commercial lawyers at all levels who wish to upskill and/or receive a refresher, and general practitioners who do commercial work. Accountants and receivers may also benefit from attending.

Presenters: Jeremy Muir, Partner, Minter Ellison Rudd Watts; Andrew Ryan, Partner, Minter Ellison Rudd Watts

Chair: Andrew Lewis, Principal, Andrew Lewis Law

7. 10 hour 8. On demands6. Webcast5. Forum

1. Seminar 2. Webinar 3. Workshop 4. Conference

Conference



Live stream



Seminar



Webinar



Webinar


Selected CPD CPDTo view all ADLSI CPD & register: www.adls.org.nz/cpdEmail us: [email protected] Phone us: 09 303 5278

Featured CPD

CPD in Brief

Commercial Law Series: Understanding Peer-to-Peer Lending: Information & Insights – 1 CPD hr Thursday 7 April 2016, 12pm – 1pmThe current hot topic in lending circles is peer-to-peer (or person-to-person or P2P) lending. However, there is some lack of knowledge and even misunderstanding about what it is, how it works, what it offers, the parties involved and differences that exist between providers. Presented by an experienced lawyer and the managing director of one of the few licensed providers, this webinar will equip you with knowledge to assist you to advise both potential investors and borrowers.

Presenters: Jeremy Muir, Partner, Minter Ellison Rudd Watts; John Bolton, Managing Director, Squirrel Money Limited

Mentally Impaired Clients: Procedural Choices and Ethical Considerations – 1 CPD hr Wednesday 13 April 2016, 1pm – 2pmRepresenting mentally impaired clients in the criminal context can be complex given the range of legal and clinical options, as well as the ethical considerations that may arise. This webinar will provide insights into what courses of action are available and how best to balance these with ethical concerns.

Presenters: Ron Mansfield, Barrister, 22 Lorne Chambers; Justin Harder, Lawyer, Public Defence Service

Commercial Law Series: An Insider’s Guide to Commercial Lending & Borrowing – 2 CPD hrs Tuesday 3 May 2016, 4pm – 6.15pmAttend this seminar to gain a better understanding of banks’ processes and requirements, so as to be better able to advise your clients.

Presenters: Gerard Souness, Senior Associate, Chapman Tripp; Daniel Collins, Senior Associate, Minter Ellison Rudd Watts

Chair: Kate Lane, Partner, Minter Ellison Rudd Watts

Making Written Applications to the Court: Strategy, Methodology & Insights – 2 CPD hrs Thursday 5 May 2016, 4.15pm – 6.30pmFocussing on interlocutory and originating applications, this seminar will look into preliminary considerations, how to make such applications and the judicial perspective on receiving them.

Presenters: The Honourable Justice Faire; Julian Long, Partner, LeeSalmonLong

Chair: Dennis Jenkin, Barrister, Shortland Chambers

CPD On Demand

Top Up your CPD with ADLSIWe are offering 7 pre-selected 4-hour CPD On Demand packages to choose from. With each package you also receive 2 bonus hours of CPD On Demand to complete (6 hours of CPD hours in total). Choose from the following packages:

Commercial Package #1Commercial Package #2General Practitioners’ ToolkitLitigation PackageProperty Law PackageRural Law PackageSkills for Lawyers PackageFor more information or to purchase a package, visit www.adlsi.org.nz/cpd/cpd-on-demand/

CPD Pricing

Delivery Method Member Pricing Non-Member Pricing

Webinar $75.00 + GST (= $86.25 incl. GST) $95.00 + GST (= $109.25 incl. GST)

Seminar (in person) $125.00 + GST (= $143.75 incl. GST) $180.00 + GST (= $207.00 incl. GST)

Seminar (live stream) $125.00 + GST (= $143.75 incl. GST) $180.00 + GST (= $207.00 incl. GST)

On Demand (1-hour recording) $85.00 + GST (= $97.75 incl. GST) $110.00 + GST (= $126.50 incl. GST)

On Demand (2-hour recording) $95.00 + GST (= $109.25 incl. GST) $130.00 + GST (= $149.50 incl. GST)

For group bookings for webinars & CPD On Demand, see the ADLSI website at: www.adls.org.nz/cpd/help-and-faqs/group-bookings/.











Seminar



Live stream

Price per packageADLSI members: $290 + GST

Non-members: $350 + GST



Seminar



Live stream

Earn triple Airpoints Dollars™ before 30 April 2016*Terms and conditions apply, for full details visit adls.org.nz.

THE INTERFACE BETWEEN TRUST, PROPERTY AND FAMILY LAW

CRADLE TO GRAVE CONFERENCE 2016AUCKLAND MONDAY 9 MAY 2016, CHRISTCHURCH THURSDAY 12 MAY 2016

REGISTER NOW: ONLINE ADLS.ORG.NZ/CPD PHONE 09 303 5278 EMAIL [email protected] FAX 09 309 3726

6.75 CPD HRS

*From 1 March to 30 April 2016, ADLSI members and non-member lawyers who have registered their Airpoints membership details with ADLSI can earn triple Airpoints Dollars™ on ADLSI CPD purchases.

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Webinar



Webinar


Continued from page 4, “From the Rainbow Warrior to investor-state arbitration – Law News speaks with top international arbitrator Gary Born”

find fault with any body of decisions that is that extensive, most observers, when they step back from that body of precedent, acknowledge that the outcomes arrived at have been fair and sensible in the overwhelming majority of cases. Investors prevail in some of the cases, but they also lose in a substantial amount of cases. And in about one third of cases, the parties manage to find a compromise.”

As for the criticisms that have been expressed about the efficacy and appropriateness of these kinds of mechanisms (for instance concerns raised in the 2012 open letter from international jurists to TPPA negotiators that the protection of interests of transnational corporations might be “prioritised” over the right of states to regulate and govern their own affairs – see https://tpplegal.wordpress.com/open-letter/), Mr Born’s view is that some of these concerns may have been overstated or taken out of context.

“It is important to remember that every country in the world these days, from large countries such as the US and China down to smaller countries like New Zealand, is already subject to important international law obligations and restrictions. For example, New Zealand is already bound by the UN Charter and a huge number of other treaties on things as diverse as trade, human rights, the environment, international criminal matters, etc. No country

is an island – we are all bound by countless international bridges which countries have chosen to build for very good reasons and because they bring important benefits.

“The unstated starting point of the sovereignty criticism is that, without the TPPA, countries would be in splendid isolation, free to govern their own affairs as they wish. However, this is not true for any country – countries all over the world have already collectively agreed on international solutions.

“The TPPA is by no means unique in imposing international obligations, and in many ways is much like other agreements that have already been entered into by contracting states. It is not unusual to conclude these types of agreements – it is part and parcel of living in today’s international world.”

Furthermore, he considers that the good reputation of New Zealand’s legal and regulatory systems stands us in good stead under these types of agreement.

“Whereas some countries have serious domestic issues with protectionism, the competence of the judiciary, issues with the legislature and other challenges, New Zealand fortunately has an exceptionally good record in those areas and in protecting both foreign and local business interests – meaning it is already very likely to

satisfy the international commitments it has entered into.

“Conversely, it is very important to keep in context the benefits it can bring – New Zealand is undertaking these commitments but other countries are at the same time opening their economies to it. And given that New Zealand already does the things it is promising to do, in that sense the TPPA is a win-win.”

The importance of listening

Mr Born attributes much of his success in the course of being an international advocate to an early appreciation of the importance of listening.

“A very important part of being able to persuade a tribunal is listening to their concerns and questions. It is not just about what you say to them but what they are saying. This is important in any adjudicated process, but especially in the international context, where the parties are coming from completely different backgrounds – potentially with different languages, cultures, ethnicities and legal systems.

“It is essential to not assume you know the answers, or even the questions for that matter – you have to listen really hard to know what’s critical and essential to the parties and to those making the decisions.”

And that is probably good advice for us all. LN

ADLSI, in association with the Auckland University Law Students Society (AULSS) will be continuing with the successful Work Experience programme for 4th and 5th year law students from April 2016. The programme aims to connect 4th and 5th year law students from the University of Auckland seeking volunteer or paid work experience, with Auckland-based law firms offering such opportunities.

WANT ED

Work experience opportunities

for 4th and 5th year law students

INDEPENDENT VOICE OF LAW

AUCKLAND UNIVERSITY LAW STUDENTS SOCIETYIN ASSOCIATION WITH NZLSA

The programme also provides law firms with an opportunity to work with those students they may select, to help the firm with tasks that may require some additional assistance.If you or your firm is able to offer a paid or volunteer work experience opportunity to a 4th or 5th year law student, you will be able to post the details free of charge on the ADLSI noticeboard at www.adls.org.nz.For more information on the work experience programme, please contact ADLSI on (09) 303 5270 or email [email protected] Terms and conditions apply, for full details please visit adls.org.nz

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WILL INQUIRIES LAW NEWSThe no-hassle way to source missing wills for

$80.50 (GST Included)Email to: [email protected]

Post to: Auckland District Law Society Inc.,PO Box 58, Shortland Street, DX CP24001, Auckland 1140

Fax to: 09 309 3726 For enquiries phone: 09 303 5270

+ Wills

Please refer to deeds clerk. Please check your records and advise ADLSI if you hold a will or testamentary disposition for any of the following persons. If you do not reply within three weeks it will be assumed that you do not hold or have never held such a document.

Dawn Esther BROWN, Late of Glen Eden, Auckland, Aged 71 (Died 04’10’15)

Adrienne Elizabeth HANDFORTH, Late of 2/770 Beach Road, Browns Bay, Auckland, Beneficiary, Aged 59 (Died 23’02’16)

Elizabeth Anne HUMPHREYS, Late of 353 Taupo Road, Taumarunui, Home Executive, Aged 77 (Died 21’12’15)

Maureen Mary SMITH, Late of 391 Pipiroa Road, Ngatea, Aged 59 (Died between 11’12’15 and 16’12’15)

Theresa VARLEY, Late of 26 Normanton Street, Glenfield, Auckland, Aged 67 (Died 24’04’15)

COMMERCIAL/CONVEYANCING SOLICITOR – SUCCESSION IN MINDWe require a qualified solicitor with a minimum of 4 years

legal experience. The ideal person should be confident with business sales and purchases, leases, rent reviews, trust and

company associated matters and conveyancing. Perhaps you are in a larger firm and do not see progress in the ranks, we may have that opportunity for the right motivated person.

Central city location with a move to a city fringe location intended in the next 12 months.

Please email your CV to [email protected] in the first instance.

MEDIATIONNigel Dunlop Barrister Auckland

EXPERTISE & EXPERIENCE

09 578 1349 021 685 910

[email protected] www.nigeldunlop.co.nz

LAWYER 3 YEARS PQEWe are a long established general practice law firm looking for an intermediate lawyer with 2–4 years PQE to join our friendly team.

Ideally you will have experience in commercial and residential property transactions, leases, trusts, companies, estates and a wide variety of work encountered in general practice.

You will have an exceptional client-service ethic, a positive can-do attitude, the ability to juggle multiple tasks and deliver to time frames, be able to work with minimal supervision and be technologically savvy.

We are based in new and conveniently located offices in Silverdale. We offer a friendly and supportive working environment with a diverse range of work. If this sounds like the ideal role for you then we would like to hear from you.

All applications will be treated in strictest confidence. Applicants must have a NZ Law Society Practising Certificate, NZ residency and/or a valid NZ work visa.

Applications accompanied by a CV should be sent by email to: [email protected] or by post to:

Wardill Pasley Law, PO Box 502, Silverdale, Auckland 0944

Epsom Law OfficesCorner of Manukau Road and Kipling Ave

Turn the Key and Start Work

Foy and Halse are relocating to new premises in Mt Eden. As a result approx 250 m2 of air conditioned fitted out

office space together with most furniture, phone system and data cabling is available from mid-May 2016.

Suitable for a new firm or a city firm wishing to relocate to plenty of car parking, motorway accessibil ity and natural l ight.

Alternatively, it may suit a firm seeking temporary accommodation pending a fit out or redecoration.The existing Lease expires mid-February 2017 but

the landlord is amenable to a new Lease.

For further information or to view contact: Katie or Genevieve on (09) 638 7151 or [email protected]

Booking deadline is 12pm Thursday, 6 working days prior to publication date.

Email [email protected] or call 021 371 302 to book your advertisement.

Get your message in front of 5500 legal professionals.

Lawyer – Takapuna North Shore

We have a vacancy for an experienced lawyer in

our Takapuna office.

Work is primarily in areas of Conveyancing,

Subdivisions,Trusts,& Wills.

Contact Colleen Browne [email protected]

09 237 1008 or 027 239 0010


Early Bird Rate (ends Monday 18 April) Members $450 + GST ($517.50 incl. GST) Non-members $550 + GST ($632.50 incl. GST)

Standard Rate (after Monday 18 April) Members $495 + GST ($569.25 incl. GST) Non-members $605 + GST ($695.75 incl. GST)

Group Discounts: 10% off for 2nd attendee, 15% off for 3rd and subsequent attendees from the same firm.

PROUDLY SPONSORED BY:

TOPICS AND PRESENTERS Think Very Seriously Before Agreeing to be a Trustee Anthony Grant, Barrister, Radcliffe Chambers

Spotlight on Constructive Trusts Professor Charles Rickett, Dean of Law, AUT

Expanding the Pie – A Growth Area for Executors Juliet Moses, Partner, TGT Legal

Death and Digital Assets Rick Shera, Partner, Lowndes Jordan

Exploiting the Elderly – Duress, Undue Influence and Unconscionable Transactions Sandra Grant, Barrister, Shortland Chambers

Seeking a Safe Haven – Insurance for Trustees Tammy McLeod, Director, Davenports Harbour Lawyers

The “Top 10+” – Must-Know Current Tax-Related Issues for General Practitioners Denham Martin, Barrister

Trusts Under Attack: the Legal Landscape following the Clayton Litigation Auckland Session: Chris Kelly, Consultant, Greg Kelly Law Ltd Christchurch session: Greg Kelly, Principal, Greg Kelly Law Ltd

“Mind That Child” Sonja Clapham, Barrister, Shortland Chambers

CoCA for Non-Specialists Brian Carter, Barrister, Bastion Chambers

CRADLE TO GRAVECONFERENCE 2016THE INTERFACE BETWEEN TRUST, PROPERTY AND FAMILY LAWA compelling refresher and update for general practitioners and all lawyers practising in trust, estates, relationship property, family and elder law. Legal executives specialising in those areas will also benefit from this conference.

AUCKLAND Monday 9 May 2016 Ellerslie Event Centre 8.45am – 5pm

CHRISTCHURCH Thursday 12 May 2016 Rydges Latimer 8.45am – 5pm

6.75 CPD HRS

Earn triple Airpoints Dollars™ before 30 April 2016From 1 March to 30 April 2016, ADLSI members and non-member lawyers (as well as law firms who are joined to the Airpoints for Business™ programme) who have registered their Airpoints membership details with ADLSI can earn triple Airpoints Dollars™ on ADLSI CPD purchases. Terms and conditions apply, for full details visit adls.org.nz.

REGISTER NOW: ONLINE ADLS.ORG.NZ/CPD PHONE 09 303 5278 EMAIL [email protected] FAX 09 309 3726

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