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Canterbury Westland Branch New Zealand Law Society December 2013, Vol. 19, No. 11 Canterbury tales Malcolm, Sandy, Valerie, Susan, Zylpha, Philip and David at the Canterbury Westland Branch NZLS and Julia, Mary, Theresa, Sarina and Rachel at the Library wish all practitioners and their families a safe and happy Christmas and New Year. We would also like to thank everyone for their assistance throughout 2013. Season’s greetings Michael Sweeney senior partner of Cavell Leitch retired at the end of November 2013. He retires fit and well and can look forward to 30 years of retirement and given the rate of medical advances perhaps even longer. Michael can now spend more time with his beloved family and in particular his wife and “old mate” as he describes her, Cathy who has given him total support all these years. He can also spend more time at his favourite getaway in the stunning and tranquil Lochmara Bay in Queen Charlotte Sound. He loved their family home on the lower slopes of Balmoral Hill but it was so badly damaged in the February earthquake being near the epicentre that it had to be demolished. They plan to rebuild on the site, just too good to abandon. So Michael and Cathy will have a challenging project coming up to keep them occupied for the next couple of years. Like everything else he tackles he will be thorough and enthusiastic and he will enjoy it, the inevitable frustrations notwithstanding. Michael’s career in the law began with the then Ministry of Works particularly being involved with Public Works Act designations and inevitably fraught and delicate negotiations. His mixture of genuine feeling for people in the predicament of having to sell when they did not want to sell and business reality with taxpayers’ money at stake provided a good grounding and a new skill set for our firm when he joined us. Then in the 1960s came the great housing boom. The firms practising in that area were swamped with work. Suitable graduates were thin on the ground and often off to more exciting pastures such as Auckland or Hong Kong. Partners were working ridiculously long hours six days a week and sometimes part of the seventh. Immigrants were pouring in from the United Kingdom, Holland, Ireland and the Pacific Islands. They all needed conveyancing lawyers. Then one day this writer had a rare duty in what is now the High Court — perhaps undefended divorce day — and took one look at Michael Sweeney. They say the face is the mirror of the soul. Seeing Michael 30 feet away was enough to convince me that here was a man I could work with. That day I telephoned him and asked him to come and see me. I told him that if he came to us, and if after three months we found we could work together, then he would become a partner — a leap in the dark for both of us. He was astonished. He said he would let me know the next day. I learnt from Michael only recently that he then talked to Cathy’s father’s friend and lawyer K.J. (Kevin) McMenamin — one of the sharpest minds in the profession and to whom I am ever grateful. He simply said to Michael “Go for it!” From then until my retirement Michael was all one could look for as a colleague and friend. He was a fun guy to work with. He knew right from wrong. Any would-be client with a dodgy proposition was politely and firmly sent on his way. Michael Sweeney retires Continued Page 11 By Ian Pringle Michael Sweeney.....a privilege to work with.

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Page 1: Canterbury Westland Branch New Zealand Law Society ... · Canterbury Westland Branch New Zealand Law Society December 2013, Vol. 19, ... Michael Sweeney senior ... Canterbury-Westland

Canterbury tales

Canterbury Westland Branch New Zealand Law Society December 2013, Vol. 19, No. 11

Canterbury tales

Malcolm, Sandy, Valerie, Susan,Zylpha, Philip and David at theCanterbury Westland Branch

NZLS and Julia, Mary, Theresa,Sarina and Rachel at the Librarywish all practitioners and their

families a safe and happyChristmas and New Year.

We would also like to thankeveryone for their assistance

throughout 2013.

Season’sgreetings

Michael Sweeney seniorpartner of Cavell Leitch retiredat the end of November 2013.

He retires fit and well and can look forward to30 years of retirement and given the rate ofmedical advances perhaps even longer.Michael can now spend more time with hisbeloved family and in particular his wife and“old mate” as he describes her, Cathy who hasgiven him total support all these years. He canalso spend more time at his favourite getawayin the stunning and tranquil Lochmara Bay inQueen Charlotte Sound.He loved their family home on the lower slopesof Balmoral Hill but it was so badly damagedin the February earthquake being near theepicentre that it had to be demolished. Theyplan to rebuild on the site, just too good toabandon.So Michael and Cathy will have a challengingproject coming up to keep them occupied forthe next couple of years. Like everything elsehe tackles he will be thorough and enthusiasticand he will enjoy it, the inevitable frustrationsnotwithstanding.Michael’s career in the law began with the thenMinistry of Works particularly being involvedwith Public Works Act designations andinevitably fraught and delicate negotiations. Hismixture of genuine feeling for people in thepredicament of having to sell when they did

not want to sell and business reality withtaxpayers’ money at stake provided a goodgrounding and a new skill set for our firm whenhe joined us.Then in the 1960s came the great housingboom. The firms practising in that area wereswamped with work. Suitable graduates werethin on the ground and often off to moreexciting pastures such as Auckland or HongKong.Partners were working ridiculously long hourssix days a week and sometimes part of theseventh. Immigrants were pouring in from theUnited Kingdom, Holland, Ireland and the PacificIslands. They all needed conveyancing lawyers.

Then one day this writer had a rare duty inwhat is now the High Court — perhapsundefended divorce day — and took one lookat Michael Sweeney. They say the face is themirror of the soul. Seeing Michael 30 feet awaywas enough to convince me that here was aman I could work with.That day I telephoned him and asked him tocome and see me. I told him that if he cameto us, and if after three months we found wecould work together, then he would become apartner — a leap in the dark for both of us. Hewas astonished. He said he would let me knowthe next day.I learnt from Michael only recently that he thentalked to Cathy’s father’s friend and lawyer K.J.(Kevin) McMenamin — one of the sharpestminds in the profession and to whom I amever grateful. He simply said to Michael “Gofor it!”From then until my retirement Michael was allone could look for as a colleague and friend.He was a fun guy to work with. He knew rightfrom wrong. Any would-be client with a dodgyproposition was politely and firmly sent on hisway.

Michael Sweeney retires

Continued Page 11

By Ian Pringle

Michael Sweeney.....a privilege to work with.

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President’s ColumnVino FinoPhoto Caption

Each month we have a photo captioncompetition where we invite you to submit acaption. The winner will receive two bottles ofwine sponsored by Vino Fino.Send your entry to the Canterbury WestlandBranch New Zealand Law Society, P.O. Box 565,Christchurch. All entries must be received byFebruary 9 2014. The winner will be announcedin the next edition of Canterbury Tales.

The winning entry for last month’s picture(below) was submitted by Anonymous.

“No, it stands for CleverHarmless Alcoholics.”

Canterbury Tales is the official newsletter ofthe Canterbury Westland Branch New ZealandLaw Society.Publications Committee: Karen Feltham(editor), Brendan Callaghan, Aliza Eveleigh,Zylpha Kovacs and Kate Dougherty.All correspondence and photographs shouldbe forwarded to: The Branch Manager,Canterbury-Westland Branch New ZealandLaw Society, Unit 1, 8 Homersham Place,Russley, Christchurch. P. O. Box 565Christchurch.Phone 358-3147, fax 358-3148. [email protected] Tales is published 11 times peryear. The deadline for editorial andphotographs is the 8th of the month.Disclaimer: Canterbury Tales is published bythe Canterbury Westland Branch New ZealandLaw Society. The opinions expressed hereinmay not necessarily be those of the Branchand have not been expressly authorised. TheBranch accepts no responsibility whatsoeverfor any error, omission or statement.

When I became president of thisBranch in June 2012, I was warnedabout the “burden” of writing thePresident’s Column every month.

I imagined I was embarking on two years of anexistence measured out, not in coffee spoonslike T.S. Eliot’s J. Alfred Prufrock, but by therecurring tick of the monthly column deadline.The reality has been different. Perhaps it isbecause I assumed my role at a time whenthe local profession was experiencing significantissues and events. Our professional lives havebeen punctuated by challenges and milestoneswhich meant I never struggled to findsomething to write about.Even now, as I write my last column, I am tornbetween reflecting on and expressing mythanks for the experience of the last year and ahalf, or continuing to raise and comment onissues which I think are important to theprofession. I will briefly do both.My last column alerted you to issues with thepreliminary plans for the Justice and EmergencyPrecinct. Little, if anything, has changed since Ilast wrote. There is still no provision for a lawlibrary facility in the Precinct and the professionwill have to continue the battle for this facilityin my absence.At present, it appears that those allocating spacein the Precinct are not convinced of the needfor an allocation of space for hard copy libraryresources. They see the world moving towardselectronic resources and hope that by providingattractive workspaces and Wi-Fi within thePrecinct, all lawyers’ needs will be met.That is a wonderful vision but, as this Branchhas tried to convey, it does not accord with thereality as we see it for at least the next 10 years,and in all likelihood, longer. Many useful legalresources are simply not available electronicallyand some may never be.The debate is important and I urge all of youwho have strong views about what law libraryservices are required in the Precinct to makethose known to any member of your BranchCouncil.I have also asked the Ministry representativesto brief the profession as a whole on thedesigns for the new Precinct in the New Year,both through a public meeting and throughupdates in this publication. Please engage inthe debate if it matters to you. If you do not,you cannot be critical of the outcome.There are always other things I could writeabout, but brevity is as desirable in the writtenword as it is in speech. Instead, I reflect on my12 years of involvement in the CanterburyDistrict Law Society Council and then, the NewZealand Law Society Branch Council. Thatexperience, and my time on various Law Societycommittees, has opened my eyes to manytypes of practice and the issues facing those

practitioners. It has been an amazing learningexperience. I have met and made friends witha wide range of the profession and I am thebetter for it.However the real work of running of the Branchstill begins and ends with Malcolm Ellis andhis team. The stability of the staff at our localbranch, and the combined wisdom they hold,means they probably do the work which doublethe number of staff would be required to do ifthey had ever to be replaced. Malcolm’shumour, astute political judgment and commonsense are legendary. My successor, Colin Eason,will find his job made so much easier becauseof it.I now start an exciting new stage in my career.I extend my grateful thanks to the large numberof the profession who have wished me well asI embark on it. On that note, I bring my lastcolumn to a close and wish you all a well-deserved and pleasant break over theChristmas/New Year holiday period.

Rachel Dunningham

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Rachel Dunninghama High Court judgeI thought the words “Justice RachelDunningham” had an inevitabilityabout them from the first time thatI had the pleasure of meeting HerHonour.

Her Honour succeeded me as the presidentof the Canterbury Westland Branch of the NewZealand Law Society, and at that time I thought“No more articles for Canterbury Tales — oh,what a relief” or words to that effect! However,when Malcolm Ellis asked me if I would writean article about Her Honour I was particularlyprivileged to accept the responsibility.I had cause to advise Her Honour that I wascharged with this task, and not only was Iflattered and thrilled to do so, I would be makingit an article “warts and all”.Her Honour immediately threatened me withinjunctions and other such relief as only theHigh Court can grant - clearly she was on thefront foot immediately.Seriously however, Her Honour has enjoyed astellar career in the law, but at the same timehas contributed to the profession as a wholein her various roles both at a national level andlocal level, which I will mention later in thisarticle.Her Honour has always been a high achieverstarting in her High School years at KaramuHigh School in the Hawkes Bay where she was

Head Girl and winner of the General ExcellenceAward.From there, Her Honour attended MasseyUniversity, where she obtained a BA (First ClassHonours) and embarked on a teaching career,which reached similar heights as she rosethrough the 12 years of teaching to be a leaderat Awatapu College.It was at this College that Her Honour met andmarried her husband, Andy. Obviously, theyhad both plotted to change their various careersat some stage, with Andy becoming a pilot,and Her Honour attending CanterburyUniversity to study law in 1993.I have it on good authority that Her Honourdid not initially go into the law because shedid not think that she was bright enough. Thatfallacy was completely put to bed as she toppedher class and obtained the Gold Medal in 1995as the top law student on the way to obtainingan LLB (Honours) First Class.Her Honour had started her legal life as a lawclerk with Buddle Findlay prior to graduationand quickly moved from legal clerk to solicitorto partner in nine years at that firm. Herexpertise has been in Resource Management,Local Government law, commercial andlitigation.She has appeared in major litigation such asthe Rangitata Diversion Race Management andCentral Plains Water case, opposing a certainbarrister now known to us all as Justice Wylie.Her Honour was qualified to hear and decidematters under the Resource Management Act

and undertook Commissioner work in this field.Throughout her busy professional life she has,however, contributed to the New Zealand LawSociety, being on numerous committees fromCommon Law, Business, Executive, Ethics, andStandards Committee as the deputy convenorand the Canterbury Westland Branch Council,rising to president, a position which she hasheld for the past 18 months. All of thesepositions have been held both at the local andnational level of the New Zealand Law Society.All of the attributes which Her Honour hasexhibited and demonstrated in these variouscapacities and on these various committeeswill stand her in good stead as a judge. HerHonour is indeed bright enough to get a lawdegree, despite what she may believe.She is intelligent, she is humble, she ishumorous, she applies common sense to anysituation that presents itself, she is a person’sperson, and she is a wonderful listener able todistil a solution to a problem where otherscannot see any solution, she is thoughtful andshe is well grounded.She will become a wonderful judge, and we inCanterbury are justifiably proud of her andcongratulate her on her elevation to the Bench.As has been my practice in the past, I will signthis article off with a story. However, this istrue and involves Her Honour and her husband.During the course of a particularly tedious NZLSCouncil meeting, I noticed that Her Honour wasdrifting off to sleep. I immediately picked upmy cellphone and sent her a text with thefollowing subject matter “Wake Up Rachel, wewill have to leave soon — you can’t remainasleep for the whole day”.Despite my best endeavours, Her Honour didnot respond. I was somewhat perplexed by this,as previously when I had texted Her Honour Igot an immediate response. We both caughtthe same flight home from Wellington and HerHonour was met at the airport by her husbandAndy.While I was in my car, I received a call fromher with a perplexed question: “Did you sendme a text?” I told her that I had and sheimmediately advised that the text had in factbeen sent to her husband’s cellphone numberand not hers, and now her husband was askingthe question why was somebody texting herto wake up.I had to explain the text to her husband, whichhe accepted without reservation, of course. Itdid create a bit of humour and, obviously,tension, in the Dunningham household.Again, on behalf of the profession in Canterbury,we congratulate Her Honour on her elevationto the Bench, and look forward to appearing infront of her in future years.

By Allister Davis

Rachel receives the Law Society GoldMedal from the society’s president Hansvan Schreven in 1996.

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Untied from the Timesheet No. 4

Solutions to financial challengesBy Andrew NuttallDirector, Bradley Nuttall Ltd

Over the last three months I havewritten about my findings frominterviewing a number of peoplewho work within, or closely with,members of the legal profession.

I have explored the challenges facing law firmswhich include; succession, ever increasingclient expectations, stress levels andgenerational differences.I also explored the financial challenges facedby lawyers, including lack of time andinclination, (The Plumbers’ leaky tap), “Keepingup with the Jones”, expenditure, consumptionand debt.A number of the people I interviewedmentioned that the best earners are notnecessarily the most wealthy. Some seniorpractitioners indicated concern for youngerpractitioners who might not be financially‘savvy’.Nearly all senior practitioners reported thatthere is now a greater need to plan for thefuture as business life can change rapidly. The2008 Global Financial Crisis reminded us allof this.A senior commercial partner suggested Iemphasise to readers that life is about havingoptions. He recommended that it was veryimportant to take time to think about how youwould like to be positioned 10 years from nowand to engage in deliberate planning.He went on to suggest that everyone needsto think carefully about the next stage of lifeand explore their own expectations, goals anddesires for themselves and their family. Theythen need to put plans in place to move themin that direction.Take timeIt is well recognised lawyers lead very busy

lives with constant demands and highexpectations from clients, partners and familymembers.This can result in “The Plumber’s Leaky Tap”syndrome leading to people spending moretime planning their summer holidays thanplanning the finances for them. Most peopletend to put off the important but not urgenttasks.We suggest taking time to consider thefollowing;:1. Establish where you are now.2. List your assets and liabilities.3. Think about what you want to achieve withyour money and write it down.4. List what you want to achieve for you andyour family in the next three, five and 10 years.5. Assess the level of income you require tomaintain your desired current lifestyle.6. Think about the level of income you willrequire to enjoy the lifestyle you wish to becomeaccustomed to.7. Consider how much capital or investmentassets you will require to reach your goals andfund your lifestyle (this is often the missing linkto good planning).8. Write down the date when you would like tobe in a position to have the choice to “untieyourself from the time sheet.”It is not a simple task to answer all thesequestions. However, determining the answers,particularly to question 8, can help to bring youpeace of mind, through knowing that you arestewarding your family’s financial resourcesprudently.Coach or mentorMany of us have experienced the benefit ofhaving a coach or mentor. The coach issomeone we can discuss things with and whohelps us to set achievable goals. Sometimes acoach will point out poor technique or an areathat requires attention.A coach will also pick us up when things arenot going so well and help us to stay motivated

and get back on track. A coach will also identifywhen an external expert is required and engagewith the best person.A coach will facilitate thought and discussion,help set targets, evaluate progress and fine tuneactivities. Having a good coach helps us toextend ourselves and reach a level ofperformance that we otherwise might notattain.All lawyers know the benefit their clients receivefrom seeking expert advice and how it savestime and money. Why not take your own adviceand get your financial house in order by workingwith an experienced independent wealthmanager?Over the years I have found that throughworking together, in a consultative manner, youwill have a far greater probability of achievingyour financial and lifestyle goals. You will alsosave yourself time, enabling you to be moreeffective at home and at work.Over the holiday break find some space tospend time with your life partner and addresssome of the above questions and consider“outsourcing” as one of the first things to do in2014.I trust this article, and the preceding three, havebeen helpful. I wish to take this opportunity tothank all those involved in my research andhope that many readers will be encouragedand motivated to plan and implement so theycan achieve balance and financial well beingin their lives.Finally, if your goal is to enjoy life more andworry less about finances, try not to pay toomuch attention to the financial media. Themedia’s focus is almost exclusively on headlinegrabbing, short term opportunities and disastersrather than long term strategy and planning.Best wishes for a successful 2014.

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Canterbury tales 5

Neil Ockwell honoured

The Law Society Library and CanterburyWestland Branch office will close at 3pm on24 December 2013 and re-open at 8:30am 6January 2014.After-hours access to the Library is available asusual if you have a Library Access Card (youwill need to use your pin number).

Holiday break

Neil Ockwell with legal executives Amanda Montgomery, Ivy Pack, Patricia Ockwell,Sally Mountfort and Pam Harliwich.

By Cheryl Clausen

On 25 November 2013 theCanterbury Westland Branch of TheNew Zealand Institute of LegalExecutives (NZILE) organised afunction for Neil Ockwell in honourof his becoming a Life Member ofthe NZILE.

Neil has had a very long association with thelegal profession and worked as a LegalExecutive at Cavell Leitch for over 30 years. Heretired last year.In Christchurch, the NZLS Legal Executivecourse was offered in 1974 / 1975. Sometimeafter that a group of Legal Executives gottogether in the early 1980s with the aim offorming a branch in Canterbury. Neil was oneof that group.With much perseverance a Christchurch branchwas formed in 1991 and Neil was the President.The Branch has gone from strength to strengthand currently has 8 committee members aswell as Liaison Officers in Southland, Otago,Queenstown and the West Coast supporting

approximately 150 members. The Institutecomprises just over 1000 members from allover New Zealand. The NZLS Certificatequalification has now become a Diplomarequiring passes in 6 subjects; Introduction tothe Legal System, Introduction to Law OfficePractice, Property Law and Practice, BusinessLaw and Practice, Estates Law and Practice,Litigation Law and Practice.A special thanks to Pam Harliwich, our NationalPresident from Wellington and to Jo Bucktonthe Executive Officer from Auckland, whotravelled down to Christchurch for this specialevening.Pam presented Neil with his Life MemberCertificate and our newly appointed CanterburyBranch President, Amanda Montgomery,presented Neil with a bouquet of flowers onbehalf of the local committee. Two Christchurch

Life Members, Ivy Pack and Sally Mountfortwere present at the celebration and gaveinformative speeches about the early days ofthe Christchurch Branch.Special thanks to Cavell Leitch for providing thefunction room for the evening.On a final note, congratulations Neil from thelocal NZILE Branch Committee on receiving thisrare honour.

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The year that was — loFebruary

March

April

May

June

July

Above left, top table at the Law Dinner. Right, Fred Shaw, a lawyer for 66 yeaBradley, left and Colleen Moore, right, are proud moving counsels as their reWhitney, are admitted as lawyers. Right, Top legal executives graduate Emeryright, with her mother.

Saunders & Co employees Andrew Riches,David Lang, Richard Rodden, Toby Gilesand Vanessa Clements are recognised withawards for their actions during theFebruary 2011 earthquakes.

Above, Sports Dayreturns to ElmwoodPark after a two-year break. Right,Justice French ishonoured at afunction to markher appointment tothe Court of Appeal.

Top left, Law Society past presidents’dinner. Top right, Justice WilliamYoung with his family after he wasawarded an honorary doctorate by theUniversity of Canterbury. Below,Maddy Thwaites and Sophie Goodwinwith Associate Judge Osborne at a JPsmeet the judges night.

Left, The refurbished Law Library reopens in DurhaBaigent and Richard McGuire help say goodbye to c

Left, Nick Davidson QCcelebrates 25 years at the Bar.Below, joint Hunter Cup winnersStephen Jeffrey and Glenn Jones.

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ooking back on 2013August

October

November

September

ars, dies. Below left, Ferneespective daughters, Kate andyn Gardones-Tagimacruz,

am Street and, right, Neville Smith, Sandycourt sittings at the Nga Hau E Wha Marae.

The Junior Practitioners had a number of socialfunctions during the year. Here they are enjoyinga comedy show at the Court Theatre.

Above left, Ski Day attracts good numbers.Above right, Judge Raoul Neave presidesover the Great Debate. Right, CWLAscholarship winner Rachel Ford, centre,with Rachel Dunningham and CatherineBibbey at the CWLA annual dinner.

Above, New Canterbury Queen’s Counsel Pip Hall and Jonathan Eaton are admitted to theInner Bar. Right, Judge Noel Walsh with his daughter Rachel after her admission as a lawyer.

Above, the Christchurch City Council team which took top honours at the wine options and quiz night.Right, JPs at a stopover on their mystery wine tour.

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Case summaries (68)New Zealand’s legal research tool

Fowler Developments Limited vChief Executive of the CanterburyEarthquake Recovery Authority,Panckhurst J, High CourtChristchurch, NZHC 2173, (2013)7 NZ ConvC ¶96-005

JUDICIAL REVIEW — NATURALDISASTERS — HUMAN RIGHTS

Successful judicial review of offers to purchasevacant land or uninsured residential propertiesin Christchurch residential red zone - whethercreation of red zone and the buy-out offers toproperty owners within the zone affected theproperty rights of the applicants - whether defacto compulsory acquisition of land - applicantswere corporate developer which owned 11residential sections at Brooklands andunincorporated group of land and propertyowners known as “Quake Outcasts” comprising46 individual or joint owners of vacant oruninsured residential properties - Human RightsCommission (HRC) joined as an intervener asconsidered the case raised significant humanrights concerns - (HRC filed detailed writtensubmissions but did not appear) - offers for50 percent of 2007 rating value of land madeby respondent Chief Executive of CanterburyEarthquake Recovery Authority in late 2012following recommendations by Minister ofEarthquake Recovery (Minister) which wereadopted by Cabinet Business Committee in Sep2012 by way of group ministerial decisionmaking - key decision of Committee that Crownmake offers to purchase vacant land anduninsured improved properties in red zone “onthe same terms as Option Two for insuredresidential properties, but at a reduced rateablevalue (50 percent) in respect of the landcomponent of the value” - basis of intendedCrown offers publically announced in Sep 2012and respondent invoked s53 of the Act to makepurchase offers - grounds of review that offerswere not made in accordance withrequirements of Canterbury EarthquakeRecovery Act 2011 (the Act) and were unlawful,oppressive, disproportionate and in breach ofapplicants human rights due to unequaltreatment by comparison with insuredresidential property owners who received 100percent buy out offer - principal relief soughtthat decisions giving rise to 50 percent offerbe set aside and decision maker be requiredto reconsider the individual situations of theapplicants in terms of the purposes andprinciples of the Act - declaration also soughtthat neither declaration of red zone norsubsequent offers affected existing rights at lawof residential occupation in the zone - mainissues: - (i) did the creation of the red zone

and making of buy out offers to owners withinthe zone affect the property rights of theapplicants; - (ii) should the decision/s whichresulted in the respondent making 50% offersbe set aside; - (iii) if so what form of relief wasappropriate - fundamental difference betweenparties concerning characterisation of decisionsand how they could be lawfully reached - focuson issue whether the red zone decision wasgovernmental decision authorised by commonlaw or the so-called “third source of power” orwhether Parliament had legislated in passingthe Act so as to evince intention to regulatethe Canterbury earthquake recovery in termsof the prescribed statutory regime in the Act -determinative issue was nature or character ofthe red zone and whether decision was onethat could only be made using the statutorypowers under the Act - background toGovernment adoption of Christchurch “zones”and formulation of offers to purchase - statutoryframework - powers under the Act to beexercised for purposes of the Act under s10 -analysis of red zone decision - decisions to beviewed as package comprising four elements(zones, purchase offers, announcement andclearance strategy) - in combination packagewas destructive of residential zoningdesignations of red zone land which would overtime cease to be residential and become openspace - right not to be subjected to arbitrary orunlawful interference with home in art17International Covenant on Civil and PoliticalRights - observations of Asher J in O’Loughlin vTower Insurance approved but markedlydifferent context noted - consideration of royalprerogative - principles in Attorney-General vDe Keyser’s Royal Hotel applied - De Keysertest met in this caseHELD: (1) the Act contained express statutorypowers conferred on Crown to make decisionsto create red zone and make purchase offersto affected property owners - Minister wasobliged to invoke s27 of the Act to define and

create red zone rather than put aside the Actin favour of decision making by group ofMinisters on behalf of Cabinet - decision tomake purchase offers not made under and incompliance with requirements of the Act inparticular, no deliberative process as requiredunder s10 and the Act generally - essentialdecision made outside of and without regardfor statutory regime and was not madeaccording to law; - (2) use and enjoyment ofone’s home was fundamental human right -creation of red zone comprised interferencewith that right - considerations applying todecision to make 100 per cent offers to insuredproperty owners applied equally to many ofthe applicants particularly owners of uninsuredhouse properties - plight of relatively smallgroup many of whom were elderly or of modestmeans whose land and home was their onesubstantial asset not adequately considered inlight of purposes of Act; - (3) (relief) notappropriate to set aside decision by CabinetBusiness Committee in terms of New ZealandMaori Council v Attorney-General - appropriateto set aside announcement of decision byMinister and making of offers by respondent -direction to reconsider 50 percent offers toapplicants and make fresh determination inaccordance with purposes of Act appropriate; -(4) application for judicial review granted: - (i)declaration that decision to offer to purchasethe properties of the applicants on termsannounced by Minister on 13 Sep 2013 wasnot made according to law and was set asideas were offers subsequently made byrespondent; - (ii) direction that Minister andrespondent reconsider and reach new decisionto purchase the applicants properties, suchdecision to be made in accordance with law: -(a) as required by purposes and principles ofthe Act; - (b) with regard to reasons in judgment- leave reserved to revert to Court in relation toterms of relief if necessary - costs reserved.

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Comings& GoingsJoined firm/organisationRowan Barbalich (Duncan Cotterill), RebeccaBoyd (Cuningham Taylor), Timothy Bunker(Anthony Harper), Rachael Mason (LaneNeave), Kent France (Southern ResponseEarthquake Services Ltd).MovedCharles Mullins (Cameron & Co to Godfreys),Elizabeth Ong (Community Law Canterbury toBeadel Ching), Renee Powell (HelmoreBowron & Scott to Pier Law).Change of detailsCavell Leitch branch office at New Brighton isnow closedSteven Rollo Barrister, PO Box 30008Barrington, Christchurch 8244.Pier Law has a branch office at Styx Mill, 160Hussey Road. PO Box 76 134 Northwood,Christchurch 8548 ph (03) 366-5540 fax (030366-5543.

Michael O’Regan’s 40th anniversary of entering the legal profession was celebrated by hisfirm Cameron and Co. on Thursday 7 November, which came as a complete surprise to him.Michael had thought he and his wife Rosemary, pictured above, were being taken out todinner by their Christchurch-based children Philippa and Andrew and their spouses. He arrivedat the Chillingworth Road restaurant to find his partners and the professional staff from Cameronand Co., and their spouses, gathered there for a celebratory dinner.Partner Geoff Falloon made a presentation on behalf of the firm, and acknowledged Michael’scontribution to the firm as well as to the legal profession in Christchurch.Michael joined the firm, which was then known as Brockett Cameron & Company, in 1973after completing his LLB at the University of Canterbury.In recent years, Michael and Rosemary have devoted a lot of time to their five grandchildren,based in Christchurch and Melbourne. Despite that, and a hankering to be fly fishing in thehigh country whenever possible, Michael is not intending to retire from the profession anytime soon.

Congratulations to The District Courtat Christchurch which has won theAustralasian Institute of JudicialAdministration Incorporated 2013administration award for Excellence inJudicial Administration.The award was made jointly to the Court alongwith Justices Winkelman and Miller (the HighCourt made separate nominations). This wasawarded to them for their administration of thecourts during and after the earthquakes.The criteria that had to be met were thedemonstration of innovation, an improvementof access to justice and the delivery of realbenefits for the justice system. Thisachievement is unprecedented as it has neverbefore been made to a Court as a whole. Thecourt acknowledges that it was not only thejudiciary and staff who had to respond in thoseunique circumstances but also the legalprofession.The Court also acknowledges that while thissuccess is to be seen in the context of a wholeof Court (judiciary and staff) response thisincludes the Christchurch High Court, led bythe work of His Honour Justice Lester Chisholmand those of the specialist New Zealand Courtswhich also sit in Christchurch.Necessarily, the District Court (led by JudgeColin Doherty), by virtue of its size, played thelead role, but certainly not an exclusive one. Apoint to be emphasised is that the demandsof the earthquake prompted a hithertounparalleled and cooperative “whole of Court”judicial and staff response.

Local DistrictCourt excels

40 years a lawyer celebrated

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The Junior Practitioners welcomed in the festive season with the annual JP’s Christmasparty at the plush new offices of Saunders and Co on Victoria Street. There was afabulous turnout from the profession, with a wide mix of the “usual suspects” along witha burst of fresh faced soon-to-be-admitted summer clerks and law clerks.The Saunders and Co boardroom was transformed into a dance floor and a good nighthad by all. Thanks again to Saunders and Co for their generosity in allowing us to usethis space. This event wraps up the Junior Practitioners’ social calendar for the year.However, we will be kicking things off with a bang in January with a summer BBQ/beach party. Keep an eye out for details. In the meantime, enjoy the festive season andhave a lovely break over Christmas.Thanks to everyone for their support this year, in particular we would like to thank all oursponsors as without you the JP’s committee would not be able to host the fantasticfunctions that we have hosted this year.

By Sophie Goodwin and Maddy Thwaites

JPs dance their way to year’s end

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Practice Notice

Michael Sweeney retires Canterbury WestlandBranch/NZLS

EducationProgrammeProudly sponsored by

NZLS Continuing Legal Education(CLE Limited)

To register and for other informationcheck the CLE website,

www.lawyerseducation.co.nz

ChristchurchFebruary

11 — Seismic Issues for PropertyTransactions.12 — The New Family Justice System —fundamental changes.17 — FDR Training for Mediators.25 — Paperless Office.

March3 — Expert Witnesses — when and how toengage them.6 — Building Profitability: Leverage,Leadership and Management.10 — Natural resource development withinthe EEZ: understanding new commercialand environmental frontiers.12 — Commerce Act Changes, Webinar.13 — The residential Care Subsidy — MSDpolicy and legal developments, Webinar.17 — Immigration and Protection Tribunal.17-18 — Introduction to Criminal LawPractice.18 — Trust Account Administrators.24 — Time Mastery for Lawyers.

April1 — Consumer Law Reform.1 — Environmental Law Intensive.8 — International Adoption and Surrogacy,family formation in the 21st Century.

Out of ChristchurchMediation — achieving excellence,Auckland, February 18.

FebruaryMediation for Lawyers Part B — Family Law2014, Wellington 21-23 February.Stepping Up Dates, Auckland 27 February-1 March.Understanding Mediation, Auckland 28February-2 March.

Michael’s interaction with clients and staff wasexemplary. They all loved him.People thankfully need lawyers because thehuman condition is such that they getthemselves and their affairs into a terrible mess.Michael sorted them out with his skill and bigsmile. If they were appreciative that was good.Nobody can satisfy all of the people all of thetime. Whenever he encountered someone whobehaved badly he simply shrugged hisshoulders and got on with the next job.Quite a few years ago Michael took a sabbatical.Tax rates under Muldoon were punitive butconferences deductible. So Michael took Cathyoff to a Medico-Legal Australasian Conferencein Athens before heading off together to Rome,Paris, London and Ireland where he kissed theBlarney Stone. It was not that he needed to.Before he left Jim Keegan and I sat down theprospective innocent abroad and lectured himon the dangers of overseas travel. We pointedout that over there was awash with pickpockets,thieves and scoundrels. He assured us hewould be very careful.Night one Cathy went to bed and Michaelheaded off with a new Australian friend to abar in the Plaka an entertainment area that hadbeen a rough working-class district. Two weekslater an anonymous parcel arrived at the office.It contained Michael’s wallet, wads of cash,credit cards, airline tickets and his businesscards — but no note.

Day one back at the office Jim and I askedMichael how the trip went. “Fantastic” saidMichael. Any problem? we asked. “None” saidMichael.We then produced the bulging wallet. Michaelwas lost for words for the first time in his life.So there are some good people out there evenin the unlikeliest places as anyone who hastravelled will tell you.Michael loves sport but above all his golf. Hehas played on a very respectable handicap inthe mid-teens the so-called intermediate gradeat the Christchurch Golf Club (Shirley) for years.He is a very popular player and has collected agood share of trophies on the way.Above all he has taken part in and helpedorganize the South Island Devil’s Own as wellas competed regularly in the North IslandDevil’s Own, his annual pilgrimage to Himatangiin the Manawatu. He is legendary amongpractitioners in that other island. He has alsobeen a formidable competitor in the HunterCup, winning it in 2009.Michael and Cathy have three wonderfulchildren and now grandchildren who are theirpride and joy. Sadly they lost their elder sonCarl at 19 in a no-fault car accident. Carl was aremarkable young man and high achiever, areal chip off the old block. They will never forgethim. Michael does not work each anniversary.Michael has done more than his share to makethe world a better place. Those of us whoworked with him were privileged to do so.Thank you Michael.

Continued from Page 1

Conveyancing Practice for SaleA well-established conveyancing practice is for sale due to

retirement of sole practitioner.Long-term lease available of modern spacious premises in the

heart of a busy town 20 minutes from Christchurch city. A greatopportunity to expand a viable business with a strong client base

in a fast-growing area.Email expressions of interest to:

[email protected]

Situation Vacant

Senior Associate / PartnerWe are seeking a lawyer with particular interests and experience in:

• General Property and Commercial practice,• Asset planning and trusts (further specialist training/mentoring will be given),

• Law firm management.

Please contact Kerry Ayers at [email protected], Helmore Ayers, PO Box 8370, Christchurch 8440, phone 03 366 5086

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A devilishly fine weekend12

By Brendan Callaghan

The annual South Island DevilsOwn golf weekend was held atMethven over the weekend of 1November 2013. The event wasonce again extremely well run andvery enjoyable.

A slightly smaller number of participants wereable to unwind and enjoy all that Methven hadto offer this year and while it was regrettablethat a number of practitioners had to pull outat the last moment due to work commitmentsthat did not detract from the enjoyment hadby those who were able to play.The main focus of the weekend is, as alwaysthe golf but there is also a social side to theweekend and you do not need to play golf toenjoy the ancillary fun that a weekend like thisoffers. It is always a good chance to catch upwith fellow practitioners and to renew contactswith those from out of town.This event is always well supported bypractitioners from as far north as Auckland andas far south as Dunedin and Queenstown. QCsand members of the High Court bench are notafraid to show off their golfing skills. Golf is agreat leveller.This year the participants were not subjectedto the snow and inclement weather of recentyears and the golf was played in fairly benignconditions over the three days. Once again theMethven golf club was gracious in allowing ususe of their course and clubhouse for theweekend so we must thank them for theiroutstanding hospitality.After Friday’s round (and rounds at the 19th)practitioners and sponsors were welcomedback to the Methven resort for the formal startto the weekend. After the formalities, dinnerarrangements were being made and people

dispersed off into thenight only to resurfacelater on — invariably atthe Brown or Blue pubsand the collegialitycontinued on into thewee small hours.After golf on Saturdaymorning, some took theopportunity to play in thefoursomes either atMethven or at TerraceDowns in the afternoon,some went walking inthe hil ls and othersrelaxed in front of the TV.It was very pleasant.Dinner on Saturday nightwas held at the MethvenResort so people did nothave to travel far fromtheir rooms and an enjoyable evening was hadby all. As is the tradition on Saturday evening,arrangements for Sunday’s pairs competitionwere finalised and Mike Sweeney presentedthe now famous (or is that infamous?) Hall ofFlame ties. This year the recipients were RichardSmith, Matthew Lancaster and Julian Clarke.Ties are awarded every year to practitioners whohave enjoyed all that the Devils Own has tooffer, usually over a number of years.I think it would be fair to say (no disrespect tothose already inducted, of course) that withthe elevation of these three esteemedgentlemen to the Hall of Flame that the averageage of recipients should have droppedsomewhat.Julian went on to celebrate his award by comingfirst equal in Sunday’s pairs event. Some ofthe younger members kicked on where theyhad left off the night before and some evenfound themselves face to face with the localwildlife who thought there was a used carsalesman’s conference in town. It remains

unconfirmed whether or not the locals werecorrected or whether it was just easier to leavethe locals with their first assumptions!This weekend could not happen without thesupport of the sponsors and the organisationof the Devils Own committee. Thank you toyou all for your hard work and continuedsupport.Below is a list of the results and the trophywinners for the weekend. Well done to you all.Finally, if you have not yet had a chance totake part in this weekend, golfing abilities aside,you should mark it down for next year. You willnot be disappointed.South Canterbury Savings Bank Trophy —Joint winners: Brendan Callaghan andHamish Davies.Real Estate Institute Trophy: Julian Clarke.SBS Trophy: Russell Law.Kerry Flood Memorial Trophy: Mike Kerr.Women’s 9-Hole Competition: MaryStephenson.Women’s 18-Hole Competition: AngelaBeijen.

Proud New Hall of Flamers.....Julian Clarke, Matt Lancaster andRichard Smith.