bathroom renovations generate debate young lawyers do...

www.adls.org.nzISSUE 28 21 AUGUST 2015

LAWNEWS

THIS ISSUE:

Bathroom renovations generate debateADLSI’s annual Employment Law Dinner

Young lawyers do battle at the John Haigh QC memorial moot

Two more new District Court judges were sworn in in Auckland last week – his Honour Judge Warren Cathcart and his Honour Judge Richard Earwaker (a former member of ADLSI’s Criminal Law Committee), on 7 and 12 August 2015 respectively. Judge Cathcart (pictured above between her Honour Chief District

Court Judge Doogue and his Honour Principal Family Court Judge Ryan) has been appointed with a jury warrant to serve in the Gisborne District Court. Judge Earwaker (pictured below, along with Chief Judge Doogue, the Hon Justice Moore; and ADLSI President Brian Keene QC, who spoke at the swearing in ceremony)

will sit in Manukau. ADLSI and Law News wish the new judges well.

ISSUE 28, 21 AUGUST 2015

Editor: Lisa Clark

Publisher: Auckland District Law Society Inc.

Editorial and contributor enquiries: Lisa Clark, phone (09) 303 5270 or email [email protected]

Advertising enquiries: Chris Merlini, phone 021 371 302 or email [email protected]

All mail for the editorial department to: Auckland District Law Society Inc., Level 4, Chancery Chambers, 2 Chancery Street, Auckland 1010. PO Box 58, Shortland Street, DX CP24001, Auckland 1140. www.adls.org.nz

Law News is published weekly (with the exception of a small period over the Christmas holiday break) and is available free of charge to members of ADLSI, and

available by subscription to non-members for $130 plus GST per year. If you wish to subscribe please email [email protected]

©COPYRIGHT. Material from this newsletter must not be reproduced in whole or part without permission. Law News is published by Auckland District Law Society Inc., 2 Chancery Street, Auckland.

LAW NEWS is an official publication of Auckland District Law Society Inc. (ADLSI).

A recent Law News article in Issue 17 (5 June 2015) entitled “Tiled showers – did you know a building consent may be required?” has been generating a considerable amount of interest.

Not only was the story picked up on by the mainstream media, receiving coverage on www.stuff.co.nz (see www.stuff.co.nz/life-style/home-property/69253681/tiled-showers-could-be-the-next-leaky-building-issue-lawyers-say), but we have received some letters about the issues discussed as well.

Registered Building Surveyor Alan Light wrote to Law News as follows on 22 July 2015:

“Dear Editor

The article (5 June) ‘Tiled showers-did you know that a building consent may be required?’ raises some issues that need to be clarified.

It is true that tiled showers come with higher construction risks and the waterproof membranes are critical to them. Builders whether professionals or home owners need to take great care in their construction whether they have a consent or not and purchasers need to be vigilant.

The law states:

S 17 requires all building work to comply with the building code with or without consent.

S 40 requires all building work to be undertaken in accordance with a building consent.

S 41 exempts work described in Schedule 1 from the need for consent (but owner can still seek one).

There are two possible clauses in Schedule 1 that might allow a tiled shower to be built:

1. Under 1(2) as a replacement of assembly in the same position with comparable assembly. What is ‘comparable’ has been interpreted to mean ‘like for like’ but must also have its ordinary meaning in my view; ‘to be able to be compared to’ and ‘as good as or better’ (this allows for an existing shower to be replaced with a comparable tiled one).

2. Under 35. That allows alteration to sanitary plumbing as long as number of fixtures are not increased in the house and the plumbing work has been undertaken by registered plumber, or one sanitary fixture replaced with another sanitary fixture (which may be a shower and there is no distinction for a tiled shower).

+ Letters to the Editor

Re-tiling your shower – a slippery issue in more ways than one

The article goes further however in relying on a MBIE guideline document page 87 (www.building.govt.nz/userfiles/file/publications/building/guidance-information/pdf/building-work-consent-not-required-guidance-3rd-edition.pdf ). It does state; ‘Examples where building consent is required’:

‘Installing a tiled wet area shower will require a building consent. This is because it will involve critical building work that is not sanitary plumbing, such as carpentry and installing waterproof membranes.’

This statement is not supported by a simple reading of the Schedule 1 and lawyers must appreciate its legal standing as perhaps a prudent warning issued under s175 rather than a fact and not a binding document. A tiled wet area shower is still a sanitary fixture and does perhaps involve carpentry and membranes but so too could the installation of a bath or other fixture, but these are still allowed and not criteria to be considered under schedule1; 1 or 35. The letter of the law should be upheld not council or MBIE policy.

The article then considers the warranty clauses in ADLS Agreement and consequence of un-consented building work. The wording should reflect that the work may not have required consent and perhaps ADLS could look to improve this clause. Owners are entitled to rely on Schedule 1

Finally the article perpetrates a myth that un-consented work (that required a consent) may

be unlawful and owners forced to remove it. The power of a council has been well described since 2000 and recently eloquently restated in a MBIE determination 2009-115 (www.building.govt.nz/determinations-view-past-determinations) that states at 6.9:

‘6.9 The following view was held in Determination 2000/1:

The [Building Industry] Authority recognises that if building work that was done unlawfully is not demolished then the owner would appear to benefit from its unlawful actions. Nevertheless, if that building work, although done unlawfully, complies with the Building Code, then the Authority considers that it is unreasonable to require it to be demolished so that it can be constructed again …’

The only consequence of work that is not dangerous or insanitary is that the owner (at their prerogative) may apply for a Certificate of Acceptance (CoA) under s96. There is no continuing offence in unapproved work as s40 states that the offence is with the person ‘carrying’ out the building work (without consent) not with the owner who may inherit it (refer determination 2014-035 at 5.5.2).

So, if no continuing offence exists, the work is adequate, and does not need to be removed by the new owner, then what is the problem?

The loss of value alluded to in the article occurs because of the reputational damage from

Continued on page 3


impugning the un-consented tiled shower not the shower itself and it could be leaking, consented or not. Purchasers’ lawyers must not look to consents to protect their client interests but ensure due diligence with competent inspection is undertaken and they and their client must accept caveat emptor.

Alan Light NZCB, MBOINZ, MNZIBS, Registered Building Surveyor.”

Law News gave the authors of the original article, Joanne Chilvers and Emily Black of Hesketh Henry, the chance to respond. They wrote to us as follows on 4 August 2015:

“Dear Editor

We observe the comments of Mr Light in his letter dated 22 July 2015, and offer the following comments in response:

• Regardless of Mr Light’s opinion, MBIE and several major Councils (including Auckland, Hamilton City and Waikato District Councils) have taken the position that replacing a tray and liner style shower with

a tiled shower is generally not covered by either of the exemptions listed in Schedule 1 of the Building Act to which Mr Light refers. MBIE has also supplied its reasoning in support of this position.

• It should be kept in mind that if a home owner chooses to dispute MBIE’s position on this issue, then at the time when they come to sell their home they need to be aware of the standard vendor warranties in the ADLS/REINZ agreement for sale and purchase. They would be ill-advised to ignore the warranties in the face of the current interpretations of Councils and MBIE.

• Mr Light’s comment that purchasers’ lawyers and purchasers ‘must accept caveat emptor’ is not compatible with the vendor warranties given in the current ADLS/REINZ agreement for sale and purchase. When acting for vendors, lawyers should ensure that their clients are aware of and understand the extent of those vendor warranties and take steps to prevent their clients incurring liability under those vendor warranties.

Joanne Chilvers, Senior Associate, and Emily Black, Senior Solicitor, Hesketh Henry.”

… to which Mr Light further commented:

“Owners and the community look to lawyers to safeguard their interests and interpret the strict meaning of the law. If councils and MBIE are misleading the public then they must be ‘called out’. If warranty clauses are tripping up owners (because purchasers allege work needed consent and it did not) then perhaps that clause should be simply removed but the clause 6.2 (5) does say ‘Where vendor has done work … building consent required by law was obtained’). Allowing councils and MBIE to determine what the law means and says is surely a case of the ‘tail wagging the dog’. If the legal profession doesn’t face this who will?”

We would be interested in hearing the views and experiences of other practitioners on these issues. Please send any letters or contributions to the Editor at [email protected].

Continued from page 2

LN

Alan Ritchie has been appointed Judicial Conduct Commissioner and Kathryn Snook has been appointed Deputy Judicial Conduct Commissioner, both for a term of five years effective from 31 August 2015.

Alan Ritchie has been the Deputy Judicial Conduct Commissioner since 2011 and was Chief Executive Officer and Executive Director of the New Zealand Law Society from 1985 to 2008.

Kathryn Snook is a lawyer with a background in commercial and public law and dispute resolution. She has also had significant involvement in Treaty settlement issues.

Both Mr Ritchie and Ms Snook are members and convenors of the New Zealand Parole Board.

“I am confident that Mr Ritchie and Ms Snook have the skills and experience to ensure fair consideration and determination of judicial conduct complaints,” said Attorney-General Christopher Finlayson QC.

Mr Finlayson also acknowledged the service of Sir David Gascoigne, the previous Judicial Conduct Commissioner, who was appointed to the role in 2009. Sir David did not seek reappointment.

The Office of the Judicial Conduct Commissioner is a statutorily independent entity responsible for examining complaints about the conduct of judges.

+ Appointments

Judicial Conduct Commissioners appointedPrepared by Sacha Jugum, Editor of

ADLSI’s Bulletin

Appeal after strike out of application for judicial review of decisions of Commissioner of Inland Revenue – offer to pay instalments for a multi-million dollar tax debt resulting from “tax avoidance” scheme – whether application and appeal are abuse of process – whether indemnity costs appropriate – appeal dismissed – indemnity costs to be paid to Commissioner

R had a tax debt in the wake of a “tax avoidance” scheme – R’s tax debt, including penalties, is now some $367 million dollars [at least; this amount has of course changed over the course of the proceedings with the imposition of penalties and the like] – R made successive offers to pay “only a fraction” of the income tax he owes by weekly or other instalment to the Commissioner of Inland Revenue – one offer was that R pay $150,000 and the rest of the debt be written off [although R was not requesting the write-off, this would be the end result as full recovery would not be achieved] – CIR declined all of R’s offers – R applied for judicial review of CIR declining his offers – R’s application for judicial review was struck out – R appealed this decision to strike out his application.

CIR argued R’s application was an abuse of process and that he was simply trying to delay CIR’s own attempts to recover the debt [see case for detailed chronological list of events and court applications] – whether CIR was

+ Case summary

Russell v Commissioner of Inland Revenue [2015]

prohibited by statute from accepting the offer(s) as acceptance would necessitate a write-off – whether offers realistic – whether recovery maximised – whether certainty achieved – R alleged to have “complex” business arrangements with a “lack of transparency” and CIR argued bankruptcy, rather than accepting an offer, would be the best solution as then the Official Assignee could investigate R’s business arrangements and assets – consideration of statutory interpretation of the Taxation Administration Act – consideration of taxation policy public interest in the integrity of the tax system.

Held: R is challenging the merits of CIR’s decision, rather than the decision-making process – CIR has a number of factors to take into account when determining whether to accept an offer – R was offering 2.63% of his “core tax debt” or 0.04% of his [current] tax debt [including all penalties] – R’s poor compliance history was a relevant factor – CIR may recover more funds if R is bankrupted and so that process would be an efficient use of CIR resources – application for judicial review “patently a tactic to delay” CIR commencing bankruptcy proceedings – abuse of process – appeal dismissed – R to pay CIR indemnity costs and disbursements [see case for detailed discussion of relationship between statutory provisions and also comments on taxation system policy].

A PDF of this decision is available from the Judicial Decisions Online section of the Ministry of Justice website https://forms.justice.govt.nz/.

LNLN


+ ADLSI event review

Employment Law Dinner, 6 August 2015Around 100 guests, including employment lawyers, Employment Court judges and members of the Employment Relations Authority, attended the annual ADLSI Employment Law Dinner at Euro Restaurant & Bar in Auckland on 6 August 2015.

Following the main, guest speaker her Honour Judge Coral Shaw shared some insightful and entertaining stories about her experiences as a United Nations Judge.

An enjoyable evening was had by all with plenty of opportunity for mixing and mingling between tables in the cosy atmosphere of Euro’s main dining area. LN

Chontelle Climo, Jo Douglas, Paul Wicks QC and Kylie Dunn

Scott Worthy, Stephanie van der Wel, Elise Robinson and Eleanor Robinson

Daniel Erickson, Matthew McGoldrick and Laura Sepschat

Christopher Baldock, Margaret Robins, Helen Gilbert and Gillian Service

Jim Thomson, Mark Donovan and Ben Molloy

Judge Bruce Corkill, Judge Coral Shaw, Judge Mark Perkins, ADLSI Employment Law Committee Convenor Catherine Stewart and Chief Employment Court Judge

Graeme Colgan

India Townsend, Olivia Marlow and Christopher Bell


Further to the story entitled “Insights from the New Zealand Police and Community Tactical Options Reference Group”, which recently featured in Law News (Issue 25, 31 July 2015), readers may be interested in the following comments made by the Police Commissioner that very same day regarding the changes to the use of Tasers by the police force.

We were unable to include these comments in the earlier Law News article as, when it went to press, the news was not in the public domain. However, we have been given permission to reproduce the following from Police Commissioner Mike Bush’s comments regarding the move by frontline Police response staff to routine carriage of Tasers.

Mr Bush says the important operational change is about enhancing the safety of New Zealand communities and Police staff, and is backed by detailed research gathered since Taser was rolled out nationally in March 2010.

The decision means the Taser can be carried at all times while on duty by appropriately trained Police “level one” response staff – the majority of whom are frontline officers whose role, responsibilities and likelihood of risk support having easier access to Taser.

These staff can currently access a Taser from a lockbox in frontline Police vehicles if required. Approximately 5,500 staff are trained as level one responders.

Mr Bush says the decision is based on research and evidence highlighting the success of the Taser in de-escalating violent situations, and its extremely low rate of injury compared with other tactical options.

“In making the decision, the Police executive has considered almost five years’ worth of ‘use of force’ data, which includes analysis of injury rates, numbers of Taser deployments and the ratio of Taser ‘shows’ to actual discharges. It consistently shows that the Taser is one of the least injury-causing tactical options available when compared with other options, with a subject injury rate of just over one per cent for all deployments,” he says.

“We’ve also listened to the feedback of our frontline staff, who consistently tell us that the Taser has proved its worth in the field numerous times as an effective tool for both preventing and responding to violent and high risk situations, without further injury to staff, the subject or the public.

“Again, this is supported by our research, which shows that presentation of the Taser alone has a significant preventative effect, being discharged only once for every nine times it is shown or presented, which is the highest ratio of shows to discharges since Taser was rolled out nationally.

“The reality is that Police officers often enter into high risk situations. With Taser immediately accessible, this provides added confidence for our staff and communities that if a situation does escalate into violence that our officers have the appropriate tools to manage the situation.”

Mr Bush says the process to consider the implications of a move to routine Taser carriage was initiated by Police late last year. The Police Association was advised of the decision and is supportive of the change.

+ News from the Police

Commissioner announces routine carriage of Taser by first response staff

LN

“Police always continues to monitor our operating environment to ensure we remain current with best practice and to make sure our staff have the necessary tools and training to keep the public and themselves safe.

“But before making any decision, we needed to carefully consider the evidence, which has been gathered by our operational research team at Police National Headquarters from the reports and experiences provided directly by our staff on the frontline.

“After careful consideration, I believe now is the right time to update our Taser carriage policy given Police have overwhelming evidence that it is an extremely effective tactical option that will further enhance public and staff safety.”

An implementation plan is now being developed to ensure first responder staff are appropriately familiar with the new Taser policy, with additional devices to be rolled out later in 2015.

The announcement also coincides with the latest routine release of Police use of force data, which covers the period from 1 January – 31 December 2014. This has been published since 2013.

Police currently has approximately 1000 Tasers, comprising the X26 and X2 models. The policy change will require approximately 400-600 additional devices to be purchased from suppliers to meet peak shift demand, and will be funded from within the Police budget. The devices will be rotated between staff at the beginning and end of each shift.

Both models of Tasers have a camera that activates when the device is deployed.

Police tactical options reporting data, including a summary of Taser data for the period March 2010 to December 2014, can be found here: www.police.govt.nz/about-us/publication/tactical-options-research-reports.

+ ADLSI Council

Contact details for ADLSI CouncilHere are the contact details for your ADLSI Council. They welcome your queries and suggestions.Brian Keene QC (President) Ph. 09 366 0306 E. [email protected] Pidgeon (Vice-President) Ph. 09 337 0826 E. [email protected] Brandts-Giesen Ph. 03 313 4010 E. [email protected]

Vikki Brannagan E. [email protected] Hagen Ph. 09 309 1689 or 021 452 326 E. [email protected] Nicolson Ph. 09 309 2500 E. [email protected]

David Roughan Ph. 09 435 2261 E. [email protected] Anne Shanahan Ph. 09 827 6106 or 09 827 2783 E. [email protected] Spring Ph. 09 486 1609 E. [email protected]


The capacity crowd at the recent final of the John Haigh QC Memorial Moot filled the High Court number one courtroom and gallery where two Auckland Law School teams debated a point of criminal law.

Although only in its second year, the moot has become Auckland’s biggest mooting competition to date with 82 students signing up to compete, easily filling the draw of 64 spots with a substantial wait list.

The Rt Hon Paul East QC opened the proceedings and introduced the three judges for the evening – Justice Raynor Asher, Paul Davison QC and Paul Wicks QC. Before the moot started, they took time to share personal memories of John Haigh QC, the leading barrister in whose memory the competition was named.

The moot problem, written by Associate Professor Julie Tolmie, focused on contemporary criminal law issues concerning the potential criminal liability of those who omit to disclose their HIV status prior to engaging in sexual intercourse. The problem focused on criminal law to reflect John Haigh’s practice area.

Hayden Hughes and Joy Guo represented the appellant and were the eventual winners. Ed Foley and Thomas Leggat acted for the respondent. There was some tough questioning from the bench, which all of the competitors handled very well.

The judges emphasised how close the moot was and praised the competitors for their high level of oral advocacy.

A fund to endow the John Haigh moot has been established by the class of 1970, of which John was a member, with the intention of making it an

+ Event review, young lawyers

High level of advocacy at John Haigh QC moot

Moot winners Joy Guo and Hayden Hughes with Sue Haigh and Paul East QC.Mooters argue their case in the No 1 Courtroom at the High Court in Auckland.

Mooters Joy Guo and Hayden Hughes (on left) and Ed Foley and Thomas Leggat (far right), with moot judges Paul Davison QC, Justice Raynor Asher and

Paul Wicks QC (at centre).

annual event and a lasting tribute to an esteemed colleague.

The competition also provides a valuable opportunity for third-year and above law students to develop and enhance their advocacy skills.

Anyone wishing to honour Mr Haigh QC’s life and professional contribution by making a donation to the Memorial Fund can contact Catherine Davies on 022 396 4661 or [email protected]. LN

Authors: Jeremy Finn & Elizabeth ToomeyPages: 375

The aftermath of the Christchurch earthquakes and other recent natural disasters in New Zealand highlighted the lack of comprehensive information and guidance available for professionals dealing with the legal issues that arise. This book has been written to address that information gap.

With this objective in mind, the book draws upon legal and non-legal information from national and international sources to provide an analysis of, and commentary on, many of the legal issues that occur in the wake of natural disasters.

+ New book

Legal Response to Natural Disasters Price: $100.00 plus GST ($115.00 incl. GST)*

Price for ADLSI Members: $90.00 plus GST ($103.50 incl. GST)*

(* + Postage and packaging)

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


Golfers from all levels are invited to the Annual ADLSI Golf Tournament on Monday 12 October 2015.

Join us for an 18 hole round at the prestigious Remuera Golf Club in Remuera, Auckland. Play is in fours, so enter as a single entrant or get a group together and practitioners are welcome to invite their clients.

Compete for the esteemed Hailsham Shield (four-ball best-ball stableford), plus there will be prizes for individual stableford, best client score, the Fuji Xerox Closest to the Pin and ASB Longest Drive. The Barfoot & Thompson refreshment cart will be available throughout the day. Following the round, the Giltrap Group BBQ and prize giving will be held in the clubhouse.

Date: Monday 12 October 2015

Time: Arrival by 11.45am for 12.30pm shotgun start

Venue: Remuera Golf Club, 120 Abbotts Way, Remuera, Auckland

Tickets: $70.00 + GST ($80.50 incl. GST) per person for ADLSI members and the judiciary;

$85.00 + GST ($97.75 incl. GST) per person for non- members and clients.

Registration: To register your team, or as a single entrant (we will put you in a four), please visit www.adls.org.nz; alternatively contact [email protected] or 09 303 5287. Spaces are limited so register before 1 October to secure your spot.

ADLSI’s standard cancellation policy applies for this event.

ADLSI Annual Golf Tournament Major Sponsor

ADLSI Annual Golf Tournament Associate Sponsors

+ ADLSI event

Annual ADLSI Golf Tournament 2015

ADLSI invites members of the legal profession to a breakfast with Minister of Justice, the Hon Amy Adams, to be held at the Northern Club on Friday 18 September 2015.

We would be delighted if you would join us at this event to hear an address from the Minister. The Minister will also be happy to answer questions following her presentation.

Date: Friday 18 September 2015

Timing: 7.15am for 7.30am start

Dress code: Business attire

Venue: Northern Club, 19 Princes Street, Auckland

+ ADLSI event

Breakfast with the Hon Amy AdamsTickets: $40.00 + GST ($46.00 incl. GST) for ADLSI members and the judiciary;

$55.00 + GST ($63.25 incl GST) for non-members.

Spaces are limited so register before Friday 11 September to secure your space, subject to availability.

To register and pay for this breakfast online visit www.adls.org.nz; alternatively contact [email protected] or (09) 303 5287.

www.adls.org.nzISSUE 28 21 AUGUST 2015

LAWNEWS

THIS ISSUE:

Bathroom renovations generate debateADLSI’s annual Employment Law Dinner

Young lawyers do battle at the John Haigh QC memorial moot

Two more new District Court judges were sworn in in Auckland last week – his Honour Judge Warren Cathcart and his Honour Judge Richard Earwaker (a former member of ADLSI’s Criminal Law Committee), on 7 and 12 August 2015 respectively. Judge Cathcart (pictured above between her Honour Chief District

Court Judge Doogue and his Honour Principal Family Court Judge Ryan) has been appointed with a jury warrant to serve in the Gisborne District Court. Judge Earwaker (pictured below, along with Chief Judge Doogue, the Hon Justice Moore; and ADLSI President Brian Keene QC, who spoke at the swearing in ceremony)

will sit in Manukau. ADLSI and Law News wish the new judges well.

Online magazine version of now available to subscribers.

LAWNEWS subscribers who prefer to read LAWNEWS online, can now switch their weekly subscription from the printed format, to the new, online magazine format.

Simply email [email protected] and let us know you’d like to switch your weekly print subscription to online, and we’ll arrange to send you an email every Friday with a link to the latest issue of LAWNEWS.

If you’d like to start a subscription to LAWNEWS, it’s free for ADLSI Members and $130+GST per year for non-members. To enquire about subscribing, email [email protected] or visit www.adls.org.nz/adlsi-store

The Hon Amy Adams


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

Featured CPD

Tuesday 25 August 2015 4pm – 6:15pm

2 CPD HOURS

The Nuts and Bolts of Selling and Purchasing a Business For many lawyers, overseeing the sale and purchase of a business is a common occurrence. This interactive seminar will cover the strategic legal, accounting and financial aspects of this type of transaction. It will also highlight those areas which require careful consideration and provide useful best practice tips.

Learning Outcomes• Gain insights into critical preliminary enquiries and strategic considerations when selling a business.

• Improve your knowledge of tax implications especially in relation to sales by shares or assets and the purchase price allocation.

• Learn more about the contractual considerations of a sale and purchase transaction.

• Learn how to design more efficient and effective due diligence processes from both a legal and an accounting perspective.

Who should attend?Junior to intermediate lawyers involved in the sale and purchase of businesses and general practitioners who do commercial law from time to time. Junior accountants may also find it useful.

Presenters: Jeffrey Lai, Partner, Anderson Creagh Lai; Jai Basrur, Director, CGB Consulting Limited; Colin De Freyne, Principal, De Freyne & Associates Ltd Chair: Geoff Hardy, Principal, Madison Hardy

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

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

Intensive

Wednesday 26 August 2015 12pm – 1pm

1 CPD HOUR

Funds Transfer Pricing and Debt Capitalisation & Remission New Zealand is a net importer of capital. Over 50% of our foreign-owned companies are owned by our major trading partners, including Australia. In an environment where particular government attention is being directed on base erosion profit shifting (BEPS), it is more important than ever to price related-party funding correctly.

Learning outcomes• Understand the transfer pricing rules as they relate to the New Zealand environment.

• Learn how the “arm’s-length” pricing principles should be applied to the funding of a New Zealand subsidiary from its off-shore parent.

• Know what is happening in the debt capitalisation and remission space.

Who should attend? Intermediate to senior commercial lawyers and general practitioners wishing to increase their tax law knowledge. Accountants and receivers may also benefit from attending.

Presenter: Paul Hale, Principal Advisor – Financial Arrangements, Inland Revenue

Thursday 3 September 2015 4pm – 6.15pm

2 CPD HOURS

The Devil You Know: Gathering & Providing Information in Relationship Property CasesKnowing the nature, value and status of assets and liabilities is fundamental to the division of relationship property. Obtaining that information is therefore essential. This seminar canvases the different ways to extract information and the implications of those choices.

Learning outcomes• Gain a better understanding of the various methods for gathering information.

• Gain a greater awareness of the obligations around discovery and disclosure, including in relation to s 21 agreements.

• Become more familiar with the various court and professional rules which apply to gathering and providing relationship property information.

Who should attend? All lawyers who act in relationship property cases and advise on relationship property settlements and agreements.

Presenters: Jane Hunter, Barrister, Southern Cross Chambers; Mark Vickerman, Barrister, O’Connell Chambers

Chair: His Honour Principal Family Court Judge L Ryan Facilitator: Stuart Cummings, Barrister, Surrey Chambers

Saturday 19 September 2015 9am – 5:30pm

Auckland CBD venue to be confirmed

7.25 CPD HOURS

Running an Effective Judge-Alone Trial Early-bird rate ends 4 September – see the website for pricingJudge-alone trials are the norm for criminal matters in the District Court. But just how well do lawyers do when acting as advocates in this forum and how could they be more effective? During this intensive day, attendees will receive guidance on judge-alone trial advocacy skills through presentations, demonstrations and commentary.

Learning outcomesLearn how to plan and run a Judge-alone trial, including taking instructions, keeping a trial file and developing the theory of the case; how to deal with pre-trial applications; about how processes work from the Police prosecutor’s perspective and how to be effective in your dealings with them; how to deal with Judges and Legal Services; to whom to turn for help and support; techniques to structure effective witness examination and cross-examination; how to produce and deal with exhibits properly; how to make and respond to objections; and how to recognise and manage some common ethical problems.

Who should attend?Defence counsel who conduct Judge-alone trials who wish to upskill or receive a refresher. The Secretary for Justice will take into account completion of the intensive when assessing an application for Criminal Provider Approval at any level.

Presenters: Marie Dyhrberg QC; Simon Lance; Mark Edgar; Belinda Sellars; Aieyah Shendi; Sergeant Ian McMeekingChair: His Honour Judge Collins



Webinar



Live stream



Seminar



Live stream



Seminar


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

Immigration Law: Making Good Use of Useful International Conventions Wednesday 2 September 2015 | 12pm – 1pmInternational obligations, such as the UN Convention on the Rights of the Child, inform many decisions made under the Immigration Act. This webinar introduces the most useful conventions and shows you when and how to use them effectively.

Presenter: Martin Treadwell, Deputy Chair, Immigration and Protection Tribunal

A ‘Capital Idea’ – Getting to Grips with the New Residential Land Tax Rules Tuesday 15 or 22 September 2015 | 12pm – 1pm [date dependent on legislative progress]Taxing the gains from property speculation as a mechanism to cool down the overheated Auckland property market is a significant Government initiative with proposed new “bright-line” tax rules designed to take effect from 1 October 2015.

Presenter: Denham Martin, Barrister

Rural Law Series: The Ins and Outs of Rural Syndications Wednesday 16 September 2015 | 12pm – 1pm As farms have grown in size, value and complexity, there has been a clear move away from family-owned enterprises to syndicated agricultural entities.Syndication has obvious advantages for farmers and investors alike but the process is complex and needs to be handled with care from start to finish. This webinar will discuss why farmers may want to syndicate in the first place and how the syndication process is managed.

Presenter: Brett Gould, Partner, Gibson Sheat

Preserving Assets: A Litigator’s Armoury for Interim Relief Thursday 10 September | 4pm – 6.15pmPreserving assets may mean the difference between a Pyrrhic victory and one for which the client will thank you. Litigators have several weapons to achieve this objective: an array of orders (e.g. search, freezing, pre-trial charging), in addition to the Court’s jurisdiction to appoint receivers.

Presenters: Seb Bisley, Partner, Buddle Findlay; James Nolen, Partner, Lowndes

CPD On Demand

The Reviewable Attorney – Enduring Power of Attorney Update – 1 CPD hr This practical session will enable practitioners to consider the “how to” of an application for review of the actions of an attorney acting under an EPA in light of recent case law and will provide useful guidance on steps to take when drafting EPAs to reduce the possibility of review of attorney actions in future.

Presenter: Maria Kazmierow, Barrister & Mediator

Chair: Tony Fortune, Partner, Fortune Manning

The Sentencing Amendment Act 2014: The New Restorative Justice Regime – 1 CPD hrThis On Demand webinar provides key information about the new sentencing consideration (which is mandatory in certain circumstances) and guidance for how lawyers can best represent their clients. Presenters: Helen Bowen, Barrister & Youth Advocate; Rosie Abbott, Lawyer, Public Defence Service

Drafting Better Pleadings – 1 CPD hrThis presentation provides an opportunity for litigators to receive invaluable guidance from the Bench to assist in drafting better pleadings.

Presenter: The Honourable Justice Duffy

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/.











On Demand



On Demand



Webinar



On Demand



Seminar



Live stream

Missed the seminar? Catch up via the paper.To purchase, and to find more information, visit www.adls.org.nz/adlsi-store



Webinar



Webinar


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.

George AUKINO, late of 37 Cyclarama Crescent, Massey, Auckland, Aged 60 (Died 05’08’2015)

Douglas Hume CAMMELL, late of St Heliers, Auckland, Aged 97 (Died 27’07’2015)

Kathryn Chloe COOPER (nee HILFORD), late of 528 SH 14, Maunu, Whangarei 0179, Aged 29 (Died 10’07’2015)

Peter Jackson CRELLIN, late of 1A/59 Victoria Ave, Remuera, Auckland, Aged 74 (Died 16’07’2015)

Margaret HELLIWELL, late of 49A Marion Avenue, Mt Roskill, Retired/Pensioner, Aged 78 (Died 07’2015)

Barry Langdon PENNY, late of 10A Dominion Road, Tuakau, Refrigeration Engineer, Aged 65 (Died 07’08’2015)

Alan WALLIS, late of Hobbs Wharf Marina, Fairway Bay, Gulf Harbour, Aged 81 (Died 08’08’2015)

We have a full time position ideal for an intermediate lawyer with 4+ PQE in our Relationship Property/Family team.

The ideal candidate will have:

• Legal Aid Provider Status• Experience in all aspects of Relationship Property and

Family Law• A client focussed attitude• A calm, patient and professional manner• Excellent listening and communication skills• A high level of accuracy and attention to details• The ability to work as part of a team

Denham Bramwell is a well established law firm in Manukau that is progressive and can offer the right person:

• A diverse range of clients• Learning and development opportunities• A high performance culture that is fun and collaborative• A balance between work and personal life

Relationship Property/Family Solicitor

Please send your application and CV by Friday 28 August 2015 to Traci Collins – [email protected]

DATA RECOVERY0800 LOST FILES

(0800 5678 34)www.datarecovery.co.nzComputer Forensics NZ Ltd,

(on Albert St, Since 1999)

C O M P U T E RINVESTIGATIONS

find out more

We are a well-established medium sized firm situated in Milford on the North Shore.

We are looking for a Property Lawyer or Senior Legal Executive to cover our Property Lawyer’s maternity leave.

The successful candidate will have at least 3 years previous property experience; the ability to work autonomously; a high level of accuracy and attention to detail; excellent organisational and time management skills for a very busy property practice; and the ability to communicate effectively with clients and staff.

Milford is a wonderful place to work with nearly all amenities within easy reach.

Property Lawyer or Senior Legal ExecutiveMaternity Cover Contract

Written applications and your CV should be forwarded to Tania Bennett, Schnauer and Co Limited, PO Box 31272, Milford 0741 or by email [email protected]


Thompson Blackie Biddles is a leading specialist commercial property law firm based in Auckland’s CBD. We deliver the highest quality legal advice to achieve the strategic objectives of our clients who include NZX listed entities, multinational organisations, corporate receivers, commercial property developers and high net worth individuals.

We have two outstanding opportunities for personable and talented individuals to join our team of specialist partners, lawyers and legal executives.

Intermediate / Senior Property Lawyer

You will have around 3-6 years’ high quality commercial property experience along with a strong academic record. Your talent and drive will be obvious. All the firm’s legal advice is underpinned by a sharp commercial focus so business nous will be essential. We offer a broad range of commercial property work including acquisitions, disposals, leasing, development, subdivisions, due diligence, property finance and Overseas Investment Act compliance.

Legal Executive

This role requires at least 3 years’ high quality legal executive experience underpinned by a strong relevant qualification. Your strengths will include strong project management and organisational skills as well as excellent attention to detail. You will be a self-starter focussed on meeting high standards and achieving client objectives. Our team is looking for your support on development projects, unit title developments, subdivisions and residential conveyancing.

Please enquire confidentially, or apply by sending a cover letter, your CV and academic record, at your earliest convenience to Victoria Fletcher Consulting, Phone 021 300 982, Email to [email protected]

We have over a thousand original, quality artworks to select from. LEASE or BUY, the choice is yours.

NZ’s longest established leasing company. Specialists in corporate, residential and home staging art placement.

Call us now for a FREE consultation. Open weekdays 9-4pm

Phone: 09 630 6543 Email: [email protected] www. mobileart.co.nz GO1, 23 Edwin Street, Mt Eden, Auckland Text “art” to 215

MEDIATIONNigel Dunlop Barrister Auckland

EXPERTISE & EXPERIENCE

09 578 1349 021 685 910

[email protected] www.nigeldunlop.co.nz

• High end work• Growth and challenge• Auckland CBD location• Don’t settle for less

This is a great opportunity for a talented senior commercial property solicitor to work in a reputable specialist firm.

To be considered, you will have a strong academic profile and the drive and self-motivation to run your own files and build strong client relationships. You will also be able to fit naturally into the team culture of the firm. It is important that the successful candidate be capable of taking responsibility and supporting the partners.

Ideally you will have a strong background in commercial property, including expertise in high end commercial property work, such as:

– Property development– Unit titles– Complex subdivisions– Leases– Due diligence investigations– Construction contracts– Property finance

If you are looking to make an intelligent move, with plenty of potential and room to grow, then please contact Helen Skelton to find out more – [email protected].

SENIOR COMMERCIALPROPERTY SOLICITOR

Licensed Private Investigators and Process Servers.

We are a leading Investigation and Processing company providing

a national and international service to NZ Law Practice

for more than 25 years.

Phone: 09 827 0096 Fax: 09 827 0226

email: [email protected]


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