top minds tackle the divisive question of back to the...

www.adls.org.nzISSUE 38 30 OCTOBER 2015

LAWNEWS

THIS ISSUE:

Top minds tackle the divisive question of voluntary euthanasia

Back to the future – advantages of AVL in courtsCompliance reminder for companies

By Jason Kim, Co-manager of EJP’s Communications Team

Justice Collins of the High Court had an impossible choice to make. Standing before him was Lecretia Seales, whose sharp legal brain was becoming overridden with malignant brain tumours. Her suffering was becoming intolerable and she asked the Court for a declaration that her physician would not be prosecuted if she helped Ms Seales end her life. Whilst expressing sympathy for her plight, Justice Collins was unable to justify going against Parliament’s clearly expressed intention that anybody assisting someone to end his or her life is committing a crime.

The decision predictably inflamed public opinion, with heated responses from those on either side of the debate. As a follow-up to the successful Symposium discussion earlier this year on “Miscarriages of Justice”, the Outreach team of the Auckland-based Equal Justice Project (EJP) decided that it was time for this debate to be brought into a public forum. Outreach Co-Managers Joy Guo and Maree Cassaidy and their volunteers arranged for Paul Rishworth QC (Crown counsel in the Seales case), David Dickinson (criminal lawyer) and Dr Mary Panko of the Voluntary Euthanasia Society (VES) to speak at the University of Auckland and bring a more nuanced analysis of the issue than is typically seen in public discourse.

+ EJP event review, law and morality

“THE EUTHANSIA DEBATE” – EJP OUTREACH SYMPOSIUM

The discussion began with each of the panelists outlining their views on on the current position of medically-assisted dying in New Zealand. Dr Panko was predictably in support of liberalising the law in this area, but noted that it was important to emphasise that her organisation does not support euthanasia in any circumstances. Rather, she supports only voluntary euthanasia, which is an important distinction. The VES supports the introduction of a law in New Zealand, “The End of Life Option”, which would entitle adults with a terminal illness or an irreversible condition that makes their life unbearable to have the right to choose how and when to die and to have medical assistance to accomplish that. Mr Dickinson was also in favour of changing the law on end-of-

life measures, but strongly believed that these changes should come from Parliament and no- one else.

For Mr Rishworth QC, the ethical and moral questions about assisted dying need to be considered separately from the legal question of whether the current law is consistent with the Bill of Rights Act 1990. He noted that a right to life guaranteed by the law does not necessarily carry a corresponding “duty to live”. However, nor is there any right in the Bill of Rights that entitles a person to assistance in dying. As it stands, Mr Rishworth QC said he considered the bright-line test that the current law supplies to be a “healthy thing”. It guards against pressure

Continued on page 2

The Equal Justice Project (EJP) recently hosted a symposium looking at issues surrounding euthanasia and assisted dying in New Zealand. Speakers Paul Rishworth QC (who appeared as Crown counsel in the Seales

case), Dr Mary Panko of the Voluntary Euthanasia Society (both standing on the left) and criminal lawyer David Dickinson (far right) are pictured here with EJP Outreach Co-Managers Joy Guo and Maree Cassaidy

(at centre). (Photo acknowledgement: Gordon Kang, EJP Outreach volunteer)

ISSUE 38, 30 OCTOBER 2015

Editor: Lisa Clark

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+ EJP event review, law and morality

“THE EUTHANSIA DEBATE” – EJP OUTREACH SYMPOSIUMContinued from page 1

which might be exerted on those ailing – particularly those in expensive care facilities – who feel they are a burden on their families.

However, he also believes that there is a role for prosecutorial and sentencing discretion in cases where assistance in dying is given to those who are truly in intolerable pain. The case of R v Purdy in the UK notes that there are numbers of cases of assisting suicide each year in that country, but few prosecutions, indicating that some discretion is exercised. Mr Dickinson confirmed that in New Zealand there have been cases where defendants were discharged without conviction. However, as with any exercise of discretion by public bodies, it is important to establish guidelines to ensure that the discretion is applied fairly, consistently and equitably.

Dr Panko did not believe that allowing medically-assisted dying would be unduly coercive. Legislation proposed in the past (and implemented in other jurisdictions) generally includes a number of safeguards to ensure that genuine and free choice would be exercised.

For instance in the Netherlands, there are safeguards in place to prevent the practice of “doctor shopping” for medical practitioners who have a reputation for being more open to the procedure – each doctor may only perform three such procedures per year, so as to avoid there being only a narrow pool of available doctors.

A question from the floor asked how the panelists proposed to deal with those who have some kind of permanent disability (such as blindness or paraplegia) and decide to end their life because of their quality of life. Mr Rishworth QC agreed this was yet another set of circumstances which presents difficult moral judgements to be made, and believes that allowing someone to end their life under such circumstances might send the wrong message: that society condones the death of those with such conditions. However, Dr Panko clarified that disability is not a relevant criterion under the VES’s proposed legislation. Those with disabilities would have to satisfy the same criteria as anyone else, whilst being afforded the same rights as those without such disabilities.

Mr Dickinson said that at its core, the issue comes down to respecting individual autonomy. Mr Rishworth QC took issue with framing the argument in such terms. Few suggest that the

law should permit a person to have assistance in ending their life simply because that is their autonomous wish. For instance, if personal autonomy justifies voluntary euthanasia, then should we allow people with depression to have the right to medically-assisted dying? There must be some line drawn in the law where personal autonomy is not enough to justify ending a life, and Mr Rishworth QC generally thinks the current line is about right.

Dr Panko naturally viewed it differently. The line should be drawn subjectively – that is, where an illness is causing suffering which is intolerable to that individual, then that is the appropriate threshold which justifies assisted dying. With that said, the VES’s proposed guidelines for euthanasia would include safeguards to ensure that applicants are mentally competent to make the decision. This would appear to preclude those suffering from depression. Mr Dickinson agreed that the test should be subjective – it is inappropriate (and probably impossible) for an outsider to make a judgement call as to how much pain someone else is “really” in, and whether it is a sufficient amount so as to meet a legal test. The clearest structure would be to make it an “all or nothing” proposition – voluntary euthanasia should be available to those who wish to access it.

Mr Rishworth QC agreed that having a bright-line test under the law may lead to difficult outcomes for some people. But he believes that not having a line at all would be unacceptable. Once the option of physician-assisted dying became available, there would be people Continued on page 7

Paul Rishworth QC Dr Mary Panko and David Dickinson(Photo acknowledgement: Gordon Kang, EJP Outreach volunteer)

who succumb to pressures and end their life unnecessarily, and who were thereby deprived of a period of their life. “There is, if not a sanctity, then an inviolability of life,” says Mr Rishworth QC. As a society, we are in agreement that suicide is an undesirable thing, and Mr Rishworth QC thinks that this is something we should hold on to.

Dr Panko agreed – but she maintains that what the VES is advocating is not the right to commit suicide, but assisting those who are already dying to die a little more painlessly and with a little more dignity (if they so choose). She was especially forceful in pointing out that in other jurisdictions which have allowed physician- assisted dying, there haven’t been any statistically significant increases in the frequency with which they have been carried out. She argues that the “slippery slope” objection therefore has no basis in empirical evidence. She did note that there were elements of the law in Belgium which we do not want to see in New Zealand, but otherwise there is no sign of the slippery slope theory being borne out in jurisdictions with more robust legislation such as Oregon or the Netherlands, with studies showing no evidence of increased coercion.

Regardless of on which side of the fence each of the panelists was sitting, none of them was very optimistic that change was forthcoming. The first obstacle (encountered by Justice Collins in the Seales case) is that, given New Zealand’s constitutional arrangements, it would


+ Courts, technology and the law

AVL in courts – good for defendants and counsel

By Celene O’Brien, Lawyer, Public Defence Service, Manukau

Audio-Visual Link (AVL) technology allows defendants to participate in court proceedings by video link rather than in person.

Defendants appear on a screen in the courtroom and are able to see and hear what is happening in court, and can see part of the public gallery. They can speak to counsel during the proceeding via handsets set up in the courtroom and correctional facility if required. When these handsets are in use, the picture feed to the courtroom is cut so there is an element of privacy for the defendant.

The Courts (Remote Participation) Act 2010 established that AVL is to be used for administrative appearances where facilities are available. However, in order to protect defendants’ rights to a fair trial and their ability to participate in the justice process, judicial officers must consider criteria under sections 5 and 6 of the Act before they allow AVL to be used. There is also a judicial protocol around the use of AVL which was issued by the Chief District Court Judge in September 2012.

AVL within the District Court is commonly used for such matters as bail applications and list appearances, but can be used for

other substantive matters with the consent of the defendant. As at June 2015, 13 correctional facilities and 18 District Courts are now connected to the AVL network. There is also AVL link available from Auckland District Court and Manukau District Court to the Mason Clinic (Auckland’s Forensic Psychiatric Unit). There have been more than 6,500 AVL appearances in the year to April 2015.

When AVL was first introduced, there were some concerns that the process would infringe fair trial rights of defendants. However, many defendants prefer AVL over coming to court in person as AVL is less disruptive to their daily routine and allows them to keep their remand cell arrangements. Given the overcrowding at some facilities, remaining in a particular cell can be a greater priority for defendants rather than coming to court in person.

For a typical court appearance, defendants are required to get up early to be strip-searched and transported to court. They spend all day in the court holding cell for what are usually brief appearances before being transported back to the correctional facility, searched again and processed into a new cell. AVL enables them to be “brought up” from their cell half an hour before their hearing is scheduled, make their AVL court appearance and return to their cell.

With the increasing challenges defence lawyers face in communicating with defendants who

are in correctional facilities, one of the key benefits of AVL is that private and secure AVL instruction suite facilities are available at courthouses for counsel to “meet” with defendants in custody. This removes the need for counsel to travel to correctional facilities, go through search stations and sometimes be subject to lengthy delays in visiting areas. Instruction suites can be booked in 15 minute slots by emailing the local AVL court co-ordinator. Counsel can request longer bookings if required. AVL also has safety benefits for counsel when seeing difficult defendants, as, if issues arise, a button can simply be pressed to disconnect.

The use of AVL for court appearances and for obtaining instructions from clients reduces waiting times in both court and correctional facilities. It allows lawyers and defendants certainty as to when their matter will be called at court. Given both court appearances and instructions suite appointments are allocated specific time slots, it is important lawyers are in court at the allocated time ready to proceed or at the instruction suite on time to meet with their clients.

For more information on accessing AVL at your local court, contact the court directly or refer to the Ministry of Justice website www.justice.govt.nz/services/audio-visual-links. LN

+ Update from ADLSI’s Commercial Law Committee

Compliance update for companiesBy Meryl Duval on behalf of the Commercial Law Committee

Changes to company financial reporting obligations have impacted annual general meeting requirements and how company annual returns are filed.

These changes came into force in April 2014 under the Financial Reporting Act 2013 (FRA) and the Companies Act 1993 (Act) and necessitate a complete review of annual company compliance processes.

Historically, details of a company’s annual general meeting (AGM) or resolution in lieu of meeting were required when filing an annual return with the Companies Office. In March 2013, for administrative ease, the Companies Office updated its online annual return form so that mandatory AGM details were no longer required. Nevertheless, companies were still obliged under the Act to appoint an auditor each year unless a unanimous resolution was passed not to do so. For the most part, this meant that the AGM and annual return filing processes remained linked.

In April 2014, significant changes were made to

the Act which meant the appointment of auditor requirement and exceptions no longer apply. Now, generally only issuer companies, Financial Markets Conduct (FMC) reporting companies, public listed companies, large overseas or overseas-owned companies (unless they have

opted out of compliance) and small companies who have opted in are required to appoint auditors and file audited financial statements with the Registrar of Companies. These financial reporting requirements are complex and reference should be made to the FRA and the Act to determine each company’s annual compliance requirements.

While all companies are still obliged to hold an AGM or pass a resolution in lieu of meeting, companies with no positive obligation to appoint an auditor or new directors (under their constitution or shareholder arrangements) and with no general business to consider may find there is little in substance to resolve. In these circumstances, the well-established practice of simply resolving not to appoint an auditor before filing the company’s annual return is no longer appropriate.

In light of recent changes, annual company requirements for each company must be carefully reviewed. This may also mean updating the company constitution to bring it in line with the FRA and the Act. LN

Meryl Duval


+ Legislation

Access to Subordinate Instruments ProjectChief Parliamentary Counsel David Noble has announced the “Access to Subordinate Instruments Project” or “ASIP”, which will see all tertiary instruments being made available on the New Zealand Legislation website (www.legislation.govt.nz), providing a single, official, public source for all New Zealand legislation.

The project will be led by Richard Wallace of the Parliamentary Counsel Office (PCO), and is part of the PCO’s continuing programme to improve access to legislation in New Zealand and response to a directive from Cabinet to investigate a means for ensuring access to all New Zealand legislation. It also follows the PCO’s recent discussions with the Regulations Review Committee of Parliament over their inability easily to identify and track disallowable instruments that are not drafted and published by the PCO. Mr Noble noted that the PCO has already carried out initial enquiries and research concerning:

• similar systems operated in neighbouring jurisdictions (in particular, the Commonwealth of Australia, New South Wales, and the Australian Capital Territory (ACT));

• drafting and publishing service and the New Zealand Legislation website for these purposes;

• the level of financial and staffing resources needed to make these developments; and

• the amendments that would be required to various empowering provisions across the statute book and to the relevant provisions in the Legislation Act 2012. Part of this will also seek to simplify and clarify the current terminology used to describe different types and levels of subordinate legislation.

From the initial work the PCO has already undertaken, it is clear that:

• Reliance upon the New Zealand Gazette as the vehicle for capturing and publishing tertiary instruments is not a sensible option and does not deliver the required comprehensive, single, official source of all New Zealand legislation for the public, nor would it resolve the issues which the public and the Regulations Review Committee currently have with this category of subordinate instruments.

• The system operated by the ACT Parliamentary Counsel Office in Canberra appears to be preferable to other models so far examined, although the scale of the task in New Zealand is significantly larger and covers a far wider spectrum of departments and agencies that prepare these “tertiary-level” subordinate instruments, including non-Crown bodies.

• To be workable for all of those bodies, the system cannot operate using the PCO’s specialised in-house drafting and publishing tool.

• The system the PCO develops will need to both create a “way in” to the New Zealand

Legislation website’s underlying database and structure, and provide a number of simple-to-operate templates or frameworks for use by those who draft, publish, and enforce these “tertiary-level” subordinate instruments.

This will be no small task for the project team to achieve. Currently the New Zealand Legislation website provides links to more than 870 existing tertiary instruments, but there are likely to be far more than that in existence. The number and variety of tertiary instruments in New Zealand is much greater than was the case in the ACT when they developed their system.

Mr Wallace will be seeking to engage those who produce, review, and use these tertiary-level subordinate instruments in order to make sure the information technology is designed to work for:

• the producers of tertiary instruments;

• the users of tertiary instruments (including the general public), via the internet and printed copy; and

• the reviewers of tertiary instruments (in particular those with the power to disallow these instruments; that is, Parliament on the recommendation of the Regulations Review Committee).

In launching this project, Mr Noble said:

“This project to capture all tertiary legislation will be the single most significant technology-assisted development of the NZL [New Zealand Legislation] drafting and publishing system and website content since we delivered the website back in 2008. We need to ensure that we can design and deliver a system that works for all producers, publishers, reviewers, and users of these instruments, and to do so having learned the lessons from the post implementation review of the Public Access to Legislation project in the early 2000s.”

David Noble

LN

+ Legislation, public consultation

Statutes Repeal Bill

The Treasury, in conjunction with the Parliamentary Counsel Office, is co-ordinating the development of the Statutes Repeal Bill. The Statutes Repeal Bill will repeal legislation that is unnecessary and spent, helping keep New Zealand’s laws up to date and making them easier to understand and apply.

An exposure draft of the Bill for public review has been prepared and public feedback is being sought before its introduction into Parliament on whether:

• any of the Acts or provisions identified

for repeal has a useful ongoing purpose and therefore should not be repealed;

• the repeal of any of those Acts or provisions might have unintended consequences that need to be considered;

• any provisions within the Acts proposed for repeal might need to be saved before the Act is repealed, beyond those identified in the exposure draft; and

• the repeal of the Acts and provisions proposed for repeal will require consequential amendments to other enactments, beyond those identified in the

exposure draft.

The Treasury also welcomes views on other Acts or provisions that might be redundant or spent, and could be candidates for this or a future Statutes Repeal Bill. More information can be found at: www.pco.parliament.govt.nz/consultation-srb.

Feedback on the exposure draft, or suggestions for further repeals, can be either emailed to [email protected] or posted to Regulatory Quality Team, The Treasury, PO Box 3724, Wellington 6140. Submissions close on 4 December 2015. LN


A court case involving alleged knock-off furniture highlights a unique aspect of New Zealand copyright law, according to intellectual property specialists James & Wells.

James & Wells’ client Plantation Grown Timbers (PGT) designs and produces collections of furniture made from reclaimed timber and exports furniture into many markets including New Zealand. It is owned by an Australian citizen.

PGT (which manufactures its furniture in Vietnam) has claimed breach of copyright over furniture that was imported in to New Zealand by a rival company last year. It has also made claims for misleading and/or deceptive conduct in breach of the Fair Trading Act 1986.

PGT claims the imported furniture items infringe the copyright in its original design drawings. It has intellectual property rights notices in place with New Zealand Customs Service, which stopped the shipments in light of PGT’s copyright notice.

James & Wells Partner Gus Hazel says the case involves an aspect of New Zealand intellectual property law that makes us stand out from other countries.

“New Zealand has unique copyright laws which allow an author of an original work to enforce copyright rights in the drawings underlying 3D objects, even after they have been ‘industrially applied’,” he says.

In most countries such rights cannot be enforced after industrial

application (which typically means the manufacture of 50 or more objects from the drawings).

Earlier this year, the High Court declined an application by one of the defendants (ESR Group, which runs the “Early Settler” chain of furniture stores) to have the detained items of furniture released by Customs.

The trial to determine the copyright and Fair Trading Act claims took more than three weeks but has now come to a close in the High Court. Given the complexity of the case and the large volume of evidence, it may take some time for a decision from the Court.

Mr Hazel says New Zealand’s copyright laws offer important protections for companies such as PGT and their designs.

“A lot of time, skill and effort goes into designing furniture items, and winning market success, and so our clients wish to prevent others making unauthorised use of their original works and free-riding on their hard work.”

“The more knock-offs there are in the market, the more the customer base and reputation are diluted,” he says.

Gus Hazel is a partner at James & Wells and leads the Auckland office’s legal team. He has plenty of experience when it comes to litigation, including alternative resolution procedures, commercialisation, regulatory issues and administrative law.

+ Copyright

Unique copyright laws tested in furniture dispute

Gus Hazel

LN

Author: Thomas Gibbons

The second edition of Unit Titles Law and Practice remains the most comprehensive commentary available on the Unit Titles Act 2010 and its associated regulations. An essential practical guide for practitioners advising on the Act, the book contains in-depth analysis of the new amendment Act including chapters on the concept and creation of unit titles, the body corporate, disclosure and disputes relief and objections.

Price: $139.13 plus GST ($160.00 incl. GST)*

Price for ADLSI Members: $125.22 plus GST ($144.00 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].

+ New book

Unit Titles Law and Practice, 2nd Edition

As a new supplier in ADLSI’s Member Benefits Programme, Working Style invites ADLSI members and guests to an exclusive VIP evening on Wednesday 4 November 2015. Mix and mingle while enjoying a night of Chivas whiskey tasting and finger food. As a special offer for attendees, you will be eligible to receive a free shirt and tie valued up to $449 when you purchase a Working Style suit priced at $1,290 or over*. Partridge Jewellers will also be showcasing their latest diamond jewellery for women and men’s Swiss watch collection.

Win a fantastic prize pack of Working Style accessories on the night (valued at over $500) in a business card draw.

Time & date: Doors open from 5.15pm, Wednesday 4 November 2015Venue: Working Style, 33 Shortland Street, Auckland CBD

Contact [email protected] or 09 303 5287 to RSVP for this event. Spaces are limited, so RSVP before Monday 2 November 2015 to confirm your attendance.

Please note, you must be present during the prize draw to be in to win the Working Style accessories pack. Terms and conditions apply.

*For the special “on the night” offer of the free shirt and tie with any suit purchase priced at $1,290 or over, you may redeem this offer at the event, or by special appointment only.

+ ADLSI event

A special VIP Evening with Working Style


+ Appointment

New appointment at Simpson Grierson Leading law firm Simpson Grierson has launched a health and safety consultancy with the recruitment of Terry Johnson as Director, Health & Safety Advisory Services. Mr Johnson joined the firm on 19 October 2015, with his appointment complementing Simpson Grierson’s existing legal services in this area.

Mr Johnson has more than 20 years’ experience working on health and safety programmes for leading businesses in New Zealand and Australia, including Fonterra and DuPont. His work at Simpson Grierson will focus on helping clients to develop and implement their health and

“Health and safety consultancy is a natural area for Simpson Grierson to expand into” says Kevin Jaffe, the firm’s Chairman. “With the impending legislative changes in this area, we are seeing strong demand from our clients for a broader service offering. The move is also consistent with our strategy of introducing new service lines beyond our traditional legal offering.” LN

Terry Johnson

Wellington Queen’s Counsel Matthew Palmer has been appointed a Judge of the High Court, to sit in Auckland.

Justice Palmer graduated with an LLB (Hons) (First Class) in 1987. He has degrees in economics and political science from the University of Canterbury and a Masters and Doctorate in Law from Yale Law School, and held positions at the Treasury and as Deputy Secretary for Justice (Public Law) before taking up the role of Deputy Solicitor-General (Public Law) at the Crown Law Office in 2008 where he remained until 2012.

+ Judicial appointment

New High Court judge appointedWhile working in the public sector, Justice Palmer provided advice to Ministers, Cabinet and select committees on a range of matters including the agreement of protocols between the Commissioner of Inland Revenue and Solicitor-General. He was lead negotiator for the Crown in an international compensation claim for the MV Rena and in the first historical settlement of a Treaty of Waitangi land claim in New Zealand.

In 2012, Justice Palmer joined the independent bar and was appointed Queen’s Counsel in 2014. He has specialised in litigation and

advice challenging or defending decisions of government, Crown entities and public bodies and has led argument in over 50 public law cases in the Supreme Court, Court of Appeal, High Court and Waitangi Tribunal.

Justice Palmer was also Pro Vice-Chancellor and Dean of Law, and Director of the New Zealand Centre for Public Law, at Victoria University of Wellington for five years. He has taught law at the Victoria University of Wellington Schools of Law and of Government, Hong Kong University Law Faculty, Yale Law School, the Australian and New Zealand School of Government and the University of Chicago Law School.

+ ADLSI event

South Auckland Bench & Bar dinner

Current and retired members of the bench and bar are invited to the ADLSI South Auckland Bench & Bar dinner on Friday 6 November 2015.

Set amongst vines at the stunning Villa Maria Estate, join your fellow colleagues for an entertaining evening, enjoy some award winning Villa Maria wines and celebrate the end of another busy year.

Last year this popular dinner sold out and numbers are limited, so register now to secure your spot.

Date: Friday, 6 November 2015

Time: 7.30pm Arrival, drinks & canapés; 8.00pm Dinner

Venue: Villa Maria Estate, 118 Montgomerie Road, Mangere, Manukau

Tickets: $108.70 + GST ($125.00 incl. GST) per person for ADLSI members and the judiciary;

$120.00 + GST ($138.00 incl. GST) per person for non-members.

Ticket price includes arrival bubbly and canapés, two course dinner with a limited beverage package, plus wine tasting on arrival and

exclusive one night only discounts on Villa Maria wines and cases.

To register for this dinner, please visit www.adls.org.nz; alternatively contact [email protected] or 09 303 5287. Spaces are limited, so register before Monday 2 November 2015 to secure your spot.

ADLSI’s standard cancelation policy applies for this event.

safety strategies. This will include providing leadership and operational training, and advising on governance, reporting and audit processes.

“Health and safety is a critical issue for all organisations. I’m looking forward to helping clients make their processes robust and keep their people safe” says Mr Johnson. “I was attracted to Simpson Grierson because of its strong existing reputation as a legal adviser in this area.”

LN


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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.

Dilip Devjibhai CHAUNAN aka Dilip Valji CHAUHAN aka by first name Philip, late of Auckland, Aged 52 (Died 11’10’2015)

Edward James CLARK, late of 3/40 Bellevue Road, Mt Eden, Auckland, Computer Programmer, Aged 43 (Died approximately 20’09’2015)

Finlay William DUNNING, late of 4 Tohunga Crescent, Parnell, Auckland, Aged 20 (Died 20’09’2015)

Colin Joseph MALONE, late of 15 Te Whero Road, Meremere, Aged 41 (Died 02’10’2015)

Mark O’CONNELL, late of 1/6A Pukerangi Crescent, Ellerslie, Auckland, Aged 63 (Died 15’09’2015)

Eminoni Nabunobuno RANACOU, late of Mangere East, Auckland, Aged 72 (Died 14’02’2015)

David Tavita SAOFIA aka Tavita SAOFIA, late of Mangere, Auckland, Aged 49 (Died 04’09’2015)

Dilpreet SINGH, late of 4/20 Hillcrest Road, Papatoetoe, Auckland, Marketing College Assistant, Married, Aged 32 (Died 13’09’2015)

not be possible nor appropriate for the Courts to change the law. This is in contrast to jurisdictions such as Canada, whose Supreme Court could make a finding that a prohibition was contrary to its Charter of Rights and Freedoms. As such, any change here would have to come from Parliament. However, Dr Panko says that in her experience talking to politicians across the political spectrum, the issue just does not appear to be a priority due to the fear of electoral backlash which is always present with such a divisive issue.

The euthanasia debate is one which always elicits intense reactions from either side of the debate. Unlike other debates relating to public policy, this is one where there is no-one who can make claim to having the “right” answer. Aptly described as an “impossible choice” by Justice Collins in the Seales decision, it is a choice which comes down to intensely personal value judgements on what it means to be truly autonomous (and the rights and responsibilities which come with it), competing against the very primal human fear of death (and the desire to minimise its occurrence, no matter how noble the justification). For this reason, the EJP did not set out to try and arrive at any kind of predetermined outcome, nor did it envision the discussion would persuade anyone to adopt any particular viewpoint. The hope was, rather, to try and explore the numerous complexities which are present in this issue.

The EJP would like to thank everyone who took the time to attend the symposium, and hopes that it was able to illustrate the difficult value judgements which we as a society face in respect of this issue. The EJP also extends its thanks to all of the speakers, who provided an illuminating discussion on such a complex issue.

Continued from page 2

The panellists with Maree Cassaidy and Joy Guo (Photo acknowledgement: Gordon Kang, EJP Outreach volunteer)

LN


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

Featured CPD

Tuesday 17 November 2015 4pm – 6.15pm

2 CPD HOURS

Employment Issues in the Immigration Context Employment issues in the immigration context can raise complex and novel issues for lawyers. This seminar will provide insights from both Immigration New Zealand (INZ) and lawyers practising in these areas.

Learning Outcomes• Learn how to deal with current issues with employment agreements, the employment relationship (including its commencement and termination) and the employment processes in the immigration context.

• Acquire best practice tips for dealing with INZ on employment issues; learn about the new online application process and useful INZ resources.

• Learn about the recent amendments to the Immigration Act 2009 and what they mean for employers and employees.

Who should attend?Employment and immigration lawyers needing an introduction or refresher on immigration issues in the employment context. Presenters: Simon Mitchell, Barrister, Unity Chambers; Peter Moses, Barrister; Imshad Ali, Technical Advisor, Henderson, Visa Services, Immigration NZ, Ministry of Business, Innovation and Employment; Chair: Peter Moses, Barrister

Thursday 12 November 2015 4pm – 6.15pm

2 CPD HOURS

DVA: The Interface with CoCADomestic violence cases often involve care of children issues. This can make proceedings more complex and can have wide-ranging implications for those involved. This seminar will address current practical matters within this key interface.

Learning Outcomes• Receive an update on the CoCA safety test for unsupervised contact and the judicial response to DV applications.

• Understand how the interplay between these two aspects of Family law affects practice (e.g. supervision, progression of cases, filing and service) and what happens when findings do not match up, and when holding off filing papers is appropriate.

• Gain insights into the impact psychological abuse can have in this area.

Who should attend?All lawyers involved in DVA/CoCA matters.

Presenters: Rebecca Holm, Barrister and Family Mediator, North Shore Legal Chambers; Lisa La Mantia, Barrister, O’Connell Chambers; Chair: His Honour Judge de Jong; Facilitator: John Hickey, Principal, Hickey Law

Courtroom Advocacy – The Essential Skills: Preparing Witnesses for Cross-Examination & Raising Objections This seminar will be a practical guide to helping your witnesses survive cross-examination, and to using the right to object and to challenge objections effectively.

Learning Outcomes• Refresh your understanding of some key rules of evidence.

• Understand how to prepare witnesses for cross-examination, and identify the limits on counsel in this regard.

• Learn about when objections should be used – and when they shouldn’t.

• Learn about the pre-trial objection process to briefs of evidence.

Who should attend?Litigators wishing to upskill or receive a refresher. (Attendance at a previous seminar in the series is not a prerequisite.)

Presenters: Her Honour Judge Mathers; Adam Ross, Barrister, Shortland Chambers; David Bigio, Barrister, Shortland Chambers; Chair: Michael Fisher, Barrister, Erskine Chambers

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

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

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Seminar

Tuesday 10 November 2015 4pm – 6.15pm

2 CPD HOURS

Monday 16 November 2015 4pm – 6.15pm

2 CPD HOURS

Buildings: Earthquake & Environmental Risk and Liability In today’s physical and legal environment, the health and safety of our buildings is under greater scrutiny. This seminar will address three topics: the Building (Earthquake-prone Buildings) Amendment Bill; legal and engineering perspectives on strengthening vs demolishing; and due diligence in respect of buildings.

Learning Outcomes• Learn about the issues arising in identifying whether buildings are earthquake-prone.

• Understand the new regime for identifying, assessing and remediating earthquake-prone buildings and gain insight into the scope of unresolved issues that are likely to recur.

• Learn from case studies involving the challenges faced with a range of buildings from heritage to relatively modern ones.

Who should attend?Transactional lawyers engaged in buying, selling or leasing interests in buildings; local and central government legal teams in building regulation; litigators interested in the subject matter.

Presenters: Brent O’Callahan, Partner, Kirkland Morrison O’Callahan & Ho Limited; Stuart Ryan, Barrister; Rob Jury, Senior Technical Director – Structural Engineering, Beca; Diana Hartley, Senior Associate, Simpson Grierson; Panellist: Stephen Mills QC; Chair: John Burns, Consultant, Kirkland Morrison O’Callahan & Ho Limited



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

Featured CPD

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CPD in Brief

Costs in Civil Cases: Maximising Recovery – 1 CPD hr Wednesday 18 November 2015, 12pm – 1pmA legally successful case can be a Pyrrhic victory for your client if unrecovered legal and expert costs leave it substantially out of pocket. Partial, rather than indemnity, cost recovery as the norm is a deliberate structural feature of the New Zealand civil justice system. This webinar will discuss ways to maximise cost recovery for your clients within that structure, with a focus on recent developments.

Presenter: Martin Smith, Partner, Gilbert Walker

Privilege: Boundaries and Beyond – 2 CPD hrs Tuesday 24 November 2015, 4pm – 6.15pmIssues surrounding privilege can arise at any time, in any legal context, and even for the most experienced of practitioners. This seminar will provide greater clarity about this complex area, highlight the potential pitfalls and offer practical guidance for attendees.

Presenters: Angela Goodwin, Director, Goodwin Yallop; Polly Pope, Partner, Russell McVeagh Chair: The Honourable Justice Gilbert

Voidable Preferences: Developments and Consequences – 2 CPD hrs Thursday 26 November 2015, 4.15pm – 6.30pmThe developing law on insolvent transactions can have widespread effect and significant implications for parties even years after services are performed. This seminar will address the legal principles and policy, and provide a variety of perspectives as well as practical guidance.

Presenters: Brian Keene QC; Mike Whale, Consultant, Lowndes; Jeff Meltzer, Partner, Meltzer Mason; Don Tillbrook, Contractors’ Federation member and Chartered civil engineer; Chair: The Honourable Justice Faire

Restraints of Trade in Commercial and Employment Contexts – 1 CPD hr Wednesday 2 December 2015, 12pm – 1pmRestraint of trade clauses are used and disputed in various contexts: from employment relationships to independent contractors, to shareholder employees and in commercial transactional areas such as franchises, leases, and the sale and purchase of businesses. This webinar will be of interest to lawyers using, disputing or enforcing such clauses.

Presenters: Greg Blanchard, Barrister, Shortland Chambers; Maria Dew, Barrister, Bankside Chambers

CPD On Demand

Privacy in the Digital Age: The Risks and Opportunities of New Technology – 1 CPD hr Technology and social media provide unique opportunities for individuals to interact with each other and for businesses to interact with consumers and to develop their brands, and also raise inevitable legal questions. Privacy issues have, as a result, become increasingly complex. It is essential for lawyers to know how their clients’ professional and personal privacy may be affected by technology and how to advise clients on avoiding privacy breaches or protecting them from unwanted attention. Presenters: Daimhin Warner, Customer Governance & Privacy Manager, Sovereign Insurance; Joe Edwards, Senior Associate, Russell McVeagh

Dispute Resolution Clauses: Uses and Analysis – 1 CPD hr Recent Supreme Court judgments have highlighted the importance of having a good working knowledge of ADR clauses when including them in commercial contracts. All too often, ADR clauses become part of such agreements with little thought to content or whether they are really needed in the first place. Learn how best to advise clients on what form, if any, ADR clauses might take and gain insights into how best to tailor them to suit clients’ needs. Presenters: Paul Cogswell, Principal, Cogswell Law; Nick Gillies, Partner, Hesketh Henry

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/.











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