At the Bar March 2011

At The Bar March 2011

New Executive Director takes the helm at NZBA Erosion of basic rights feared in criminal procedure changes Save the Date Conference Friday 2nd September 2011

President’s Message INSIDE THIS ISSUE Pg 2 - President’s Message Pg 3 - New Executive Director Takes the Helm at NZBA Pg 5 - Erosion of Basic Rights Feared in Criminal Procedure Changes Pg 6 - Discovery Reform Raises Important Issues – Justice Asher Pg 7 - Expert Witness Changes Advocated by Australian Judge Pg 8 - UK Government Proposes Radical Prison Reforms Pg 9 - Bar Chat Pg 11 - Christchurch Earthquake Pg 13 - What Members Need to Know Pg 15 - NZBA National Calendar Pg 16 - Upcoming International Events Pg 20 - NZBA Committees

It has been a busy start to the New Year. We are all, of course, still greatly saddened by the devastation caused by the Christchurch earthquake.

Many of our Christchurch members have had their offices and homes destroyed or badly damaged. Thankfully, however, all 72 members are safe. The Council has been heartened by the tremendous response we have had from our members to assist our Christchurch colleagues with offers of accommodation, office space, digital dictating and the like and we appreciate enormously your generosity. As you are aware, we have also, on your behalf, donated $10,000 to the New Zealand Government Christchurch Earthquake Appeal to assist the brave people of Christchurch to get back on their feet. Our Christchurch colleagues will continue to be foremost in our thoughts.

In the meantime, what else have we been doing? Quite simply a lot, for example:

EDITOR Catriona MacLennan Tel: 0064 9 378 0964 Email: catmac@orcon.net.nz EDITORIAL COMMITTEE Clive Elliot Tel: 0064 9 309 1769 Email: elliott@shortlandchambers.co.nz Monique Pearson Tel: 0064 9 303 4515 Email: nzbar@nzbar.org.nz Design and layout by Hot Lobster Printing courtesy of Ricoh New Zealand NEW ZEALAND BAR ASSOCIATION Tel: 0064 9 303 4515 Fax: 0064 9 303 4516 Email: nzbar@nzbar.org.nz Web: www.nzbar.org.nz P O Box 631 Auckland 1140

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• The Members’ Benefit Committee is refreshing our member benefit portfolio and we will be releasing details shortly.

• Our Submissions Committee (with the invaluable help from some of our members) has provided comprehensive submissions on the Criminal Simplification Bill and the Rules Committee proposal on discovery.

• Regular discussions have been initiated with the President of the Criminal Bar Association so our respective organisations might work more closely together.

• Discussions have been held with the New Zealand Law Society on the issue of employment of junior barristers and we are developing a protocol that would enable Chambers to employ junior barristers as independent contractors (rather than employees

which is the Law Society’s preference) in a way that reflects the rather special characteristics of Chambers’ pupils.

• Training continues to be a priority: to mention just some of the highlights, our Criminal Law Series, in conjunction with the CBA, is well in hand with some excellent sessions planned for the rest of the year – watch out, in particular, for “Tricks of the Trade” on 14 May with John Billington QC, Stuart Grieve QC, John Haigh QC, David Jones QC, Aaron Perkins, and Harry Waalkens QC; “Facts Are Sacrosanct” will be in Wellington in May; and we are presently working up the fourth of our seminars for junior/intermediate litigators with a focus on advocacy in the Courts (and we are especially delighted that the Chief Justice will speak at this).

• Contact with the judiciary has been strengthened with regular contact with the heads of each of the Courts. The Council is delighted that the Chief Family Court Judge has recently joined the Association.

• Discussions have also been held with the New Zealand Law Society on disciplinary processes and procedures - taking into account concerns of the independent bar as to how these are working in practice.

This message has a tinge of sadness, however, as we farewell Monique Pearson who has done a splendid job as Executive Director. Our personal thanks go to Monique for her ever cheerful support and assistance to our members and we wish her well in her new role. As we move forward we are delighted, however, that Melissa Perkin will be our next Executive Director and undoubtedly her legal background will enable her to make her own contribution to our organisation.

In the meantime, Council members welcome feedback on any matters that members consider should be dealt with. Indeed, we are keen generally to involve more of our members in the work of the Council.

Wishing you all well for the working year.

Miriam Dean CNZM QC President

New Executive Director Takes the Helm at NZBA The New Zealand Bar Association was fortunate to have attracted the services of two extremely dedicated executive directors, said NZBA President Miriam Dean CNZM QC. Inaugural executive director Monique Pearson, who has been in the position for almost four and a half years, leaves at the end of March and will be succeeded by barrister Melissa Perkin.

Ms Pearson said that it had been a privilege to serve the association’s members. The role of executive director had undoubtedly been one of the most interesting and diverse positions Monique Pearson of her career and one which she was immensely proud to have held.

“It has been a busy role, at times challenging, but always enjoyable. I have loved every minute of it.”

Ms Pearson said that she would look back with satisfaction on numerous achievements at the NZBA. These included a business model and continuity of leadership through the new council structure; improved members’ services; the introduction of a training programme and involvement with junior barristers through the association’s mentoring programme, NZLS scholarships and various social events. There had also been greater involvement with the judiciary, sponsorship of the High Court Sentencing Advocacy competitions, and enhancements to the website, newsletter and annual conference.

Ms Pearson said that the association’s financial position had steadily strengthened and the NZBA would soon be a voting member of the International Bar Association. The association was also optimistic that it would be awarded hosting rights for the 2014 World Bar Conference

in Auckland and planning was well underway for the association to present its official proposal in 2012.

Strong relationships had been built with organisations such as NZLS, the Legal Research Foundation, the Criminal Bar Association of New Zealand, the Corporate Lawyers’ Association of New Zealand and AMINZ as well as with international bar associations. The association’s Rules sub-committee was well-respected and had been busy with various submissions to the Rules Committee and Select Committees.

“Ultimately, we are all responsible to the membership to be proactive in representing their interests and in observing proposals and decisions made by the regulator.”

Ms Pearson said that organisation and structure were essential to running an efficient association and it was vital to define and communicate clearly individual roles on the council at the beginning of each new term and to ensure that each council member understood his or her responsibilities. Financial sustainability and a clear focus on providing adequate working capital for the association were essential.

In particular, said Ms Pearson, the Treasurer’s role and his or her input into financial decision-making were paramount in ensuring the longterm profitability of the NZBA.

Ms Pearson said the role of executive director of the association was comparable to that of the CEO of a company. The executive director was responsible for making recommendations to advance the association strategically and to facilitate agreed changes, as well as managing daily business affairs, overseeing the education and mentoring programmes, reviewing and enhancing the member benefits portfolio, arranging social events and conferences and communicating with members and the broader profession. The role also encompassed researching Looking to the future, Ms Pearson said and introducing new initiatives that the association was facing exciting and revenue streams and driving times. She said that long-term thinking forward the association’s business ideals. In addition, the executive was vital and she had set out some director was responsible for very achievable short, medium and promoting the association as an long-term strategic objectives in her important, effective and influential February 2010 executive report. She said that the council needed to provide professional body both in New Zealand and internationally. strong leadership and act in the best interests of members at all times.

Ms Pearson will return to Ernst & Young when she leaves the NZBA. Ms Pearson said the association She will be an associate director was the voice of all barristers in New and communications and pursuits Zealand. strategist.

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Melissa Perkin

Erosion of Basic Rights Feared in Criminal Procedure Changes

Ms Perkin, who began work at the NZBA in the middle of March to enable her to have two weeks of overlap before Ms Pearson left, was previously based in the Auckland District Court for 20 years as a Judge’s Research Counsel. She wrote opinions, carried out research and assisted judges in the civil, criminal and family jurisdictions.

She was responsible for dealing with all judges north of Papakura.

Proposed changes to criminal procedure had the potential seriously to erode a defendant’s right to silence and the fundamental principle that an accused was innocent until proved guilty, the NZBA said in its submission to Parliament’s Justice and Electoral Select Committee on the Criminal Procedure (Reform and Modernisation) Bill. The association’s 113-page submission was prepared by a number of its senior members, including members of the Council. The association also engaged prominent English criminal barrister, James Richardson QC, to write the first section of the submission and to appear before the select committee.

Ms Perkin was subsequently employed by ADLS Inc as a Regulatory Solicitor dealing with complaints against lawyers. She later became the organisation’s Professional Services Manager and was responsible for managing nine committees dealing with issues ranging from criminal to immigration law. Ms Perkin also wrote ADLS Inc’s weekly e-bulletin of legal news and case summaries. In late 2009, she commenced practice as a barrister and a short time later commenced the establishment of the online legal updating service The Law Report.

Ms Perkin said that she was very enthusiastic about her new position and was keen to build on the substantial foundation created by Ms Pearson, who had done an excellent job in the role of executive director. Ms Perkin said that she believed she would bring to the role a broad experience of many areas of substantive law as well as skills in encouraging members of a voluntary organisation to produce good work. She said that her recent experience in providing research support and file management services to barristers and solicitors had demonstrated to her that many barristers were isolated and had little support. It was particularly important in the current environment that barristers had support as there were greater than ever expectations that barristers would have access to a wide range of resources and would be thoroughly up-to-date.

She said that she hoped to utilise her skills to grow the member benefits portfolio, potentially to be involved in preparing submissions and to discuss with members how additional services could be provided to them. One of her key goals was to increase the association’s membership. Ms Perkin said that she was keen to solicit assistance from members in her new position and also wanted members to know that they would be welcome to contact her with suggestions and comments.

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“The impression given is that this is a comprehensive code of criminal procedure. Yet close scrutiny reveals The association also warned that the it is anything but. Rather, it turns out to savings predicted by the Ministry of be a “rag-bag” of measures cobbled Justice from the proposals needed to together in a manner that does not be treated with caution, particularly with reflect the natural order of the criminal respect to the anticipated savings of time process. Part 5, in particular, contains and money from a projected reduction in a large number of groups of measures the number of jury trials. pertaining to a whole range of topics “One illustration of this is that any restriction assembled in what looks like an on jury trials leads to judge alone trials entirely random order.” and the requirement that judges must give Although one purpose of the bill reasoned judgments. This will inevitably was to simplify criminal procedure, increase the delay between trial and Mr Richardson said that the verdict. It will also enhance the prospects of appeals because of the ability it gives to “overwhelming” impression he had The association said that its submission from reading the bill was of “grossly defence counsel to scrutinise the judge’s was intended to be constructive and the excessive complexity” in two key written decision.”

NZBA had accordingly offered suggestions respects. These were the division on matters both of style and of substance. of offences into four categories and However, the submission said that some the appellate arrangements. Mr aspects of the bill were of great concern Richardson said that it was his belief to the association and, in respect of that there was an imperative need for those, the focus of the submission was less complex trial arrangements. on bringing to the attention of the select He said that there had been 25 years committee the reasons for that concern of “re-balancing” the criminal justice and the empirical evidence underpinning it. system in England and Wales in favour In relation to the association’s concerns of the prosecution or, in modern rhetoric, about the erosion of fundamental the victim. Mr Richardson said that principles, the submission said that the virtually all of the criminal justice reforms parts of the bill bearing most directly on in that period had been justified on the that concern were – basis that the scales had been tipped • The circumstances in which a court had too far in favour of the accused. He power to impose costs described that as “a nonsense,” stating • Compliance or non-compliance as a that the reality was that it was poor factor in sentencing prosecution practice that was largely • The mandatory obligation on a

responsible. New Zealand should be defendant to give notice of the issues in concentrating on creating a culture of Mr Richardson said in the introductory dispute excellence in prosecution practice. section of the submission that it was • The circumstances in which a “This, in my view, is at the root of clear to him that much of the content prosecutor might assert a failure by a the problem in England and Wales. of the bill was inspired by the reforms defendant or by counsel to give Since 1985, we have had the Crown in England and Wales in 2005 when appropriate notice of issues and to Prosecution Service. There are many the Criminal Procedure Rules 2005 invite inferences from this excellent lawyers in the services, but • The similar powers given to the trial judge. were made, with their emphasis on the this is not the rule by any means. pursuit of an “overriding objective” and The NZBA said that there was strong The service may be under-staffed “case management.” He said that those anecdotal evidence that it was not and under-resourced, but there is no changes had, in turn, owed much to the uncommon for trials to be delayed or escaping the fact that the standard Woolf Report. However, a decade after prolonged by the late briefing of prosecution of the services is way below what it the latter’s implementation, it was now witnesses or other late disclosure of should be. Case after case in court acknowledged that the effect of the civil evidence. Consideration should accordingly after court flounders because of the justice reforms had been to make litigation be given to including in the bill a prohibition failings of the service.” on the prosecution calling late evidence that much more expensive and complex and The submission then went on to at least as drawn out as it had been in might cause delays. The submission said 1999. He said that the strong lesson to be comment in detail on specific clauses that it was a “substantial shortcoming” that learnt in New Zealand was to be extremely in the bill, in many cases suggesting the bill did not incorporate the disclosure alternatives to what was currently cautious, lest exactly the same mistake obligations prescribed by the Criminal proposed. James Richardson QC was made in this country.

Mr Richardson Disclosure Act 2008. Those obligations were presented the NZBA’s submission on 17 said that he did not believe that New so intertwined with, and so essential to the March 2011 before the select committee. efficient disposition of, criminal prosecutions Zealand would be well served by the bill. that they ought to be included in the legislation.

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Discovery Reform Raises Important Issues – Justice Asher Proposals for reform of the High Court Rules relating to discovery raised important and complex issues, said High Court Judge, Justice Asher.

He said that consultation meetings organised by the Rules Committee in Auckland, Wellington and Christchurch in February to discuss the changes with the profession were unprecedented. The fine-tuning of the reform recommendations would be complex and the committee was very keen to have input from counsel.

a discovery checklist and listing and exchange protocol, with the aim of providing for uniformity and reciprocity.

Submissions on the proposals closed on 14 March. Justice Asher said that the changes, if properly applied, would mean that far fewer documents would be discovered. The result might, 21% on occasions, be less than perfect discovery, but that was also the case under the current test. Parties would have the option of seeking nonstandard discovery before a judge.

Justice Asher spoke at the consultation meeting held in Auckland, saying that the background to the proposed changes was the widespread concern in the commercial world about the costs and delays associated with civil litigation. He said that the “fairly ancient” Peruvian Guano test had been designed more than 120 years ago and had been widely criticised as open to abuse and too costly, resulting in the wholesale discovery of vast wads of material. In most Commonwealth jurisdictions, said Justice Asher, the test had been replaced by an adverse documents test. New Zealand, Hong Kong and some Australian states were the exceptions. Other countries had also introduced specific rules promoting electronic discovery to take account of technological developments.

Buddle Findlay partner and Rules sub-committee on discovery working group member, Laura O’Gorman, discussed the proposed categories of discovery, lawyers’ obligations and the process. She said that the objectives of the High Court Rules were to secure the just, speedy and inexpensive determination of proceedings.

Processes should be proportionate to the sums in issue and to the value of the rights. The proposed new system had a far better chance of achieving those aims than did the current rules.

Ms O’Gorman said that Lord Woolf’s four categories – the parties’ own documents, adverse documents, relevant documents and train of inquiry documents – were helpful.

The Rules Committee in 2009 had consulted on discovery and the High Court Rules and had then on 13 December 2010 released a second consultation paper titled Proposals for Reform of the Law of Discovery including Electronic Discovery. Justice Asher said that the committee was proposing that the adverse documents test be introduced, narrowing the standard discovery test from that in Peruvian Guano. There would be initial disclosure of the principal documents relied on with the pleadings. Parties would be required to co-operate with one another in discovery and inspection.

Discovery orders would be classified into standard and non-standard types.

It was proposed that there would be a menu of options for non-standard discovery, while electronic discovery and inspection would be introduced to improve efficiency. Justice Asher said that Schedule 9 would set out

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Ms O’Gorman said that practitioners would need to take care. It would be plain that the other side would want to see the “smoking gun” documents that would determine the outcome of the case. Practitioners would need to examine documents properly, cull them and then present the culled documents. Justice Asher noted that time would be saved not by the party discovering the documents, but by the other party as the latter would receive fewer documents.

Ms O’Gorman said that standard discovery would comprise – • the pleaded “story” documents (Rules 8.18 and 8.25(3)) and • adverse documents – helpful to self, harmful to self, harmful to others, helpful to others. It would not be restricted to known documents, meaning that reasonable search ­­would be required.

Ms O’Gorman said that it was critical to the design of the new system that, in every case in which parties

believed that standard discovery would not be appropriate, they could seek nonstandard discovery. This would be flexible to achieve its objectives. The criteria, set out in Rule 8.22, would be that nonstandard discovery would be ordered in large and complex cases; when fraud or dishonesty was involved; when the costs of standard discovery would be disproportionate or when the parties agreed. The draft Rules proposed that the total sum in issue or value of assets involved should exceed $2.5 million or the number of documents to be discovered should exceed 200.

Counsel’s duties to the client would still be subject to disclosure obligations to achieve the ends of justice. Ms O’Gorman said that it was important to emphasise that the underlying duties would not change at all. A duty of co-operation was set out in draft Rule 8.17.

Another member of the Rules subcommittee, Andrew King, discussed the listing and exchange protocol, which he said set a default. However, parties remained free to agree on what was appropriate for their circumstances.

He said that listing and exchange requirements in the United Kingdom and Australia had been examined, but the sub-committee had been of the view that New Zealand did not need Australia’s very prescriptive listing requirements.

He said that the most important point to make was that every document in discovery would require a unique document identification number. The default method of inspection would in future be electronic.

One of those attending the forum, barrister Gillian Coumbe, said that she believed that the proposed threshold of 200 documents was too low. Ms O’Gorman agreed and said that it was not in the same category as the other triggers intended to capture large and complex cases. Royden Hindle asked whether there could be agreement to opt out of discovery and Justice Asher confirmed that there could be. Another attendee queried how realistic the duty to co-operate was, stating that it would be difficult to obtain co-operation between adversarial parties. A question was also asked about sanctions for failing to adequately focus discovery. Ms O’Gorman responded that there were already sanctions for over-discovering in the current Rule 8.36.

Expert Witness Changes Advocated

By Australian Judge Reforms ranging from structural overhaul to changes to trial practice were required to improve the way in which the courts dealt with expert witnesses, said Federal Court of Australia judge, Justice Ray Finkelstein. He delivered the opening address at the Legal Research Foundation’s 18 March 2011 seminar Expert Evidence in New Zealand. Justice Finkelstein said that changes were required in the 21st century to deal with both the partisanship of experts and the capacity of decision-makers to come to grips with what experts were telling them.

Justice Finkelstein said that judges should take control of the manner in which experts gave their evidence by altering the atmosphere of the proceeding; reducing substantially the role of lawyers; and speaking directly to the experts.

Secondly, he said that there should be changes to the rules for admissibility.

Rules of court should both establish a test for the admissibility of expert evidence and provide guidelines for how the test should be applied. The Daubert criteria were a useful starting point but they could be improved. Justice Finkelstein said that there should be different guidelines for scientific expert evidence and nonscientific expert evidence.

He suggested that the 2008 Commission of Inquiry into paediatric forensic pathology in Ontario provided useful guidance in relation to scientific expert evidence. Implementing a regime based on the commission’s guidelines would put scientific experts on notice that they were expected to provide details about the basis of their opinion sufficient to enable a judge to conclude that their evidence would provide dependable information.

For non-scientific evidence, Justice Finkelstein said that the reliability test could be satisfied by less exacting guidelines. It would probably be sufficient if the evidence of the expert was predicated on sound principles, techniques and assumptions; and those principles, techniques and assumptions had been properly applied to the facts.

In terms of other reforms, Justice Finkelstein said that the starting point should be clarity about what was wanted from the expert. He noted that several jurisdictions, including the Federal Court of Australia, had issued Practice Directions setting out the expert’s duties to the court and the court’s expectations about the form of evidence to be given.

economic evidence in competition law cases. Dr Farmer said that competition law in New Zealand and Australia had now reached a sufficient degree of maturity for lawyers charged with Justice Finkelstein said that several different managing cases to give careful thought control mechanisms could be adopted to to the extent to which expert economic improve the situation. There was no reason evidence was needed and, if required, why a breach of a code of conduct which its precise nature. Many basic economic lengthened a trial or resulted in a new trial propositions had now been judicially should not lead to a costs order against the accepted and reference to precedent by expert. A useful external control would be counsel should accordingly be sufficient. to encourage professional bodies to treat Dr Farmer observed that it was a breach by a member of a court’s code sometimes said that lawyers generally of conduct as professional misconduct.

Justice Finkelstein said that a more radical overused expert witnesses and, in approach would be to remove the immunity particular, used them in substitution either for hard factual evidence or from suit for evidence given by an expert. for submissions which should be the responsibility of the lawyer. That had led to the complaint by judges that experts were sometimes performing an adversarial role rather than that of independent experts assisting the court on technical matters. The undertaking to give evidence objectively that experts were now required to sign under the High Court Rules was the consequence of that concern.

However, he said, the problem with the duties was that they were little more than helpful guidelines. A breach would not lead to the imposition of any sanctions.

Another suggestion discussed by Justice Finkelstein was regulation of the relationship between experts and the lawyers who retained them. Rules governing dealings between experts and lawyers could provide that the lawyer should not attempt to influence the expert’s view; the lawyer should not draft the expert’s report; the lawyer should not conduct investigations on behalf of the expert; and the lawyer should provide the expert with all relevant facts. Justice Finkelstein said that a more far-reaching proposal would be to override the lawyer’s duty to the client and impose a paramount duty to assist the court in reaching the correct, rather than the preferable, decision in a case. Other changes could include judicial education; seeking to appoint judges with scientific or engineering backgrounds in cases involving such matters; or the creation of panels of neutral, court-appointed experts.

Former NZBA president, James Farmer QC, delivered a paper discussing expert

In relation to “hot tubs,” Dr Farmer said that it was his view that a properlyconducted hot tub was a superior way of testing economic expert evidence.

However, it worked well only when the number of experts did not exceed four or five and when control was kept of the process. He said that there was always the danger of a dominant personality taking over the process and turning it into a debating forum. If counsel were not adept at preventing that from happening, there might be a need for strong judicial control.

Dr Farmer said that he also believed that the process only worked efficiently when the issues and the nature of the evidence being presented were sui generis.

In conclusion, Dr Farmer said that the courts had sensibly permitted economists to go well beyond a mere academic articulation of economic principles as a means of providing “substantial help” to the court in terms of section 25 of the Evidence Act 2006. Thus, for example, it had been held that an economist could not only give an opinion to the court as to the proper method of defining a market, but could go further and render that opinion more apposite to the case by proferring a definition relevant to the particular case. However, the court had also made it clear that the assumptions upon which the opinion was based must be identified and articulated.

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UK Government Proposes Radical Prison Reforms Radical proposals for reform of the United Kingdom’s criminal justice system are expected to spark debate this year following the publication in December 2010 of a Ministry of Justice Green Paper titled Breaking the Cycle: Effective Punishment, Rehabilitation and Sentencing of Offenders. Releasing the document, Justice Secretary Kenneth Clarke said that, despite record spending on criminal justice, the Government was not delivering what really mattered.

week and that there be tough curfews and electronic tagging. Those handing down sentences would be under a duty to consider making compensation orders in any cases in which there was a direct victim and the Prisoners’ Earnings Act would be implemented so that prisoners would be required to pay towards the cost of services for victims.

In relation to rehabilitation, the paper suggests that probation, police and other local services should take an integrated approach to managing “Society has a right to expect the criminal offenders, and new drug recovery justice system will protect them. Prison wings and intensive community will always be the place for serious and treatment should be introduced to dangerous offenders. Prisons should also rehabilitate drug-dependent offenders. be places of hard work and industry and community sentences must be credible and Other proposals include making offenders eligible for entry onto the robust. Criminals must also be reformed Work Programme to improve their so that when they finish their sentences they do not simply return to crime, creating chances of obtaining employment and working with the Department of Health more misery for victims. We cannot let this continue. Solving these problems requires a and the Home Office to pilot and roll out liaison and diversion services for radically different approach.” mentally-ill offenders.

Mr Clarke said that the Government The paper outlines plans to pay would pilot at least six new rehabilitation criminal justice providers by results, programmes, delivered on a “payment with at least six new payment by by results” basis, with providers being results projects covering a significant paid to reduce reoffending. England and proportion of the offender population Wales have the second-highest prison population per capita in Western Europe, to be established in the next two years.

A comprehensive competition strategy with 149 inmates per 100,000 people, for prison and probation services will compared with the European Union be unveiled in June 2011. average of 102 prisoners per 100,000 people. The green paper suggests that The document criticises the ad hoc the current prison population could be development of sentencing policy reduced from its current 85,000 figure to and suggests changes to simplify the 82,000 in the next four years. sentencing framework and reduce elements of the law that constrain The document states that almost 50 per judicial discretion. Under these cent of offenders released from prison proposals, adults committing knife reoffend within a year. It proposes that crimes would expect to be sent to criminals should face the “robust and demanding punishments which the public prison, Indeterminate Sentences of expects.” This would involve making hard Public Protection would be reserved for the most serious offenders and work for offenders the core of plans to the use and collection of financial make punishments more rigorous. penalties would be encouraged to increase the amount of financial “Prisoners will increasingly face the tough payback from offenders. discipline of regular working hours. This has been lacking in prison regimes for In relation to youth offending, the too long. Community sentences must be ministry says that more young tougher and more intensive, with local people need to be prevented from communities benefiting directly from the offending and diverted from entering hard work of offenders. Our reforms must lives of crime. This could be done also result in a better deal for victims. by simplifying out-of-court disposals We will encourage a much greater use and ensuring the effective use of of compensation orders and extend the sentencing for young offenders. victims’ surcharge so that more offenders make financial reparation,” says the paper. Local partners could be incentivised to reduce youth offending and reoffending using payment by The Ministry of Justice proposes that prisoners be obliged to work a full working results models, while more effective

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governance could be developed by abolishing the Youth Justice Board and increasing freedoms and flexibilities for local areas.

Parliamentary Under-Secretary of State for Prisons and Youth Justice, Crispin Blunt, in a January 2011 speech said that the proposals in the green paper would create a “rehabilitation revolution.”

He said that plans to introduce payment by results and outcome-based commissioning in letting criminal justice contracts would be of “profound benefit” to those receiving the services.

“I expect that England and Wales delivering through payment by results over the next five years will become, as the privatisation programme of the 1980s became, a global market leader.”

Mr Blunt said that the primary obligations of the criminal justice system to protect the public and to punish offenders would not be altered by the changes, while the fact that it was estimated that they would lead to 3000 fewer prisoners by 2015 did not mean that 3000 inmates would be released early.

“Punishment alone is not enough.

We also need to make sure that we rehabilitate offenders. The truth is that, under almost any system, most offenders will eventually return to the community.

If we haven’t addressed their propensity to commit crime, we are not keeping the public safe. It’s only through cutting reoffending that we can reduce crime over the long term.”

Mr Blunt said that the core of the rehabilitation proposals was to ensure that the financial incentives were right through payment by results, which he described as a far more decentralised and flexible approach.

“There has been far too much prescription from the centre with providers not being held to account for their outcomes. It could be characterised as a “command and control” approach to running public services. The results of this are predictable: large sums spent, constrained professionals, insufficient return, a lot of time spent on processes and little time spent on outcomes.

Payment by results does exactly the opposite. The commissioner specifies a goal and increasingly pays for what gets delivered against this benchmark.”

Submissions on the green paper close on 4 March.

BAR CHAT ANNOUNCEMENTS The New Zealand Bar Association offers its warm congratulations to the following Bar Association members on their respective appointments: The Hon Justice David Baragwanath has been made a Knight Companion of the New Zealand Order of Merit in recognition of his services as a Judge of the Court of Appeal.

Sir David, who retired from the Court of Appeal in July 2010, is a former President of the Law Commission and marked 50 years in the legal profession in 2010.

NZBA President, Miriam Dean QC, has been made a Companion of the New Zealand Order of Merit in recognition of her services to the law and business.

The Hon Justice John Richard Wild has been appointed a Judge of the Court of Appeal. After graduating from Victoria University in 1968, he was employed first as a law clerk and then as a solicitor at Bell Gully & Co. In 1976 he went into practice as a barrister in Wellington and in 1993 he was appointed Queen’s Counsel. He had a largely commercial practice, but was also involved in a number of commissions of inquiry. From 1992 to 1998 he was a member of the Council of the New Zealand Bar Association and he served as its President in 1998. An author of McGechan on Procedure, Justice Wild was appointed a Judge of the High Court in 1998.

The Hon Justice Christopher Toogood has been appointed to the Auckland High Court and to the Sports Arbitral Panel. Justice Toogood graduated from Victoria University of Wellington in 1972 and was admitted as a barrister and solicitor the following year. After 18 years as a litigation lawyer, he joined the independent bar in 1990 and was appointed a Queen’s Counsel in 1999. He has specialised in civil and commercial litigation, employment, sports and criminal law. He has also accepted numerous appointments as an arbitrator and mediator in employment and other civil disputes. The new Judge will sit in Auckland.

The Hon Justice Christian Whata has been appointed a High Court Judge. Mr Whata graduated with a BA and LLB (Hons) from Auckland University in 1992. After spending time as a solicitor at Simpson Grierson and Kensington Swan, he went to Cambridge University where he obtained an LLM (First Class). On his return to New Zealand he joined Russell McVeagh and became a partner in 2001. During his time at Russell McVeagh he specialised in Maori Issues, Litigation, Public Law, Energy, Environmental Law and Resource Management. He is a co-author of chapters on Maori Issues and Environmental Litigation in Nolan Environmental Law and a former President of Te Runanga Roia o Tamaki Makaurau (Auckland Maori Lawyers

Association), and sits as a Board member on the St Stephen’s and Queen Victoria Schools Trust Board.

Wellington barrister John Stephen Kós QC has been appointed a Judge of the High Court from 18 April 2011.

Justice Kós graduated with an LLB (Hons) from Victoria University in 1981, winning the Chapman Tripp Centenary Prize for his graduating year. In 1985 he received an LLM from Cambridge University. He was previously a partner at Russell McVeagh and chair of the partners of that firm between 2003 and 2005. He became a barrister sole in 2005 and Queen’s Counsel in 2007. He is currently Pro-Chancellor of Massey University and an Honorary Lecturer in Law at Victoria University. The new Judge will sit in Wellington. He will be sworn in on 5 May 2011.

Associate Judge John Faire has been appointed a temporary Judge of the High Court commencing on 28 February 2011 until 3 June 2011. He was first appointed a Master of the High Court (as they were then known) in 1996, and will sit in Auckland.

Associate Judge John Matthews has been appointed to the Auckland High Court. Mr Matthews graduated with an LLB (Hons) from the University of Canterbury in 1972. He practised as a solicitor at Lane Neave in Christchurch, where he was a partner from 1975 to 1987, when he joined the independent bar. As a barrister Mr Matthews practised mainly in the civil area. He is an experienced resource management commissioner and was the Chair of the Motor Vehicle Disputes Tribunal from 1998 to 2004. Mr Matthews has also served on a number of Law Society committees and the Council of the New Zealand Bar Association.

John Billington QC has been appointed a Judge of the Court Martial Appeal Court. Mr Billington joined the New Zealand Army in 1969 as Second Lieutenant in the Royal New Zealand Artillery 16th Field Regiment. He later graduated from Victoria University with a LLB, joined the independent bar in 1989 and was appointed a Queen’s Counsel in 1996. He has extensive experience in the criminal law and his principal areas of practice include administrative law, corporate and commercial, defamation and serious fraud.

NZBA Council member Kate Davenport has been appointed to the Film and Literature Board of Review for a term of three years.

The Board is an independent statutory appeal body which reviews decisions made by the Office of Film and Literature Classification.

Publications covered include films, video recordings, DVDs, books, magazines, and computer-based material.

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BAR CHAT NEW BAR ASSOCIATION MEMBERS The Association welcomes the following new members to the independent bar and / or the Bar Association: Ms Vivienne Feyen AUCKLAND Mr Richard Griffin AUCKLAND Mr Alistair Haskett AUCKLAND Mr Royden Hindle AUCKLAND Ms Raewyn McCausland AUCKLAND Mr Richard Upton AUCKLAND Mr Michael Smyth AUCKLAND Miss Cecil Priest CHRISTCHURCH Miss Natasha Caldwell WELLINGTON Hon Justice Grant Hammond WELLINGTON Mr Felix Geiringer WELLINGTON Ms Suzanne Giacometti WELLINGTON Judge Peter Boshier WELLINGTON Mr Peri Hoskins WHANGAREI

HIGH COURT SENTENCING ADVOCACY COMPETITION Following the success of the competitions held the last three years, the Auckland High Court again hosted the Sentencing Advocacy Competition.

Barristers-to-be from Auckland and Hamilton got a chance to test their skills in the NZBA sponsored event held at the University of Auckland and the Auckland High Court.

The NZBA extends its warm congratulations to this year’s competition winner James Ruddell and runner-up Helen Brown. NZBA Auckland President, Miriam Dean CNZM QC, complimented both on the high standard of their submissions, presenting James with the NZBA’s prize of $600 for first place, and Helen with $400 as runner up at the awards function on 21 March.

Save the Date Conference Friday 2nd September 2011 This year’s conference will be in Auckland on Friday 2nd September 2011 followed by a one day workshop with Professor Jim Raymond on Saturday 3rd September.

Other topics included in the conference will be e-discovery and the modern barrister’s practice, including topics on what clients want from their barrister and the modern “virtual” chambers.

The theme for this year’s conference is the Modern Barrister.

The NZBA is delighted to advise its members that the American Bar Association is making available to the NZBA materials produced by it for its famous Tech Show held annually in Chicago. The delegates attending the conference will have exclusive access to a large number of papers from this conference.

Two of the four sessions will be practically based with advice on how to get the best use of your technology, what technology you should be considering acquiring, useful tips on how to manage Outlook, Word and Excel and the NZ version of the famous ABA “60 top tips in 60 minutes”.

Come along and learn something to improve your productivity and excite you. Further information will be forthcoming shortly.

Room available

in established friendly chambers in refurbished character top floor in the heart of Auckland City.

Park Chambers is seeking a like minded individual to become a part of our chambers, which includes David Kirkpatrick, Bill Manning, Michael Savage, Mark Kelly and David Marriott.

For inquries please call Matthew Dunning on 027 294 7959 10

WHAT MEMBERS NEED TO KNOW Christchurch Earthquake We were all greatly saddened by the devastation, the suffering, and the loss of life since the earthquake on 22 February 2011. Some of our Christchurch members have managed to communicate with the Bar Council that while it is hard to be positive, thankfully they are all safe.

Another member wrote about how the little things and being with family is the best medicine … “I now see that the little things that people do in times of crisis means so much.

For example, today in the two hour drive to the airport to collect relatives I got two bottles of milk from a Salvation Army van, a loaf of bread and a packet of hot cross buns thrown to us from an army uni-mog...”

The Association has listed details of our Christchurch junior members on the Association’s “Find A Junior” page of our website and encourages the rest of our members to refer work of a research or briefing nature to these juniors, where possible.

To opposing counsel, we ask that you please understand that this is a desperately trying time for your Christchurch colleagues whose offices are “trashed” (as one of our members put it) or (for another member) “gone completely.” Please assist with copying files for them, deferral of timetabling dates, and generally helping in any way you can.

MESSAGES OF SUPPORT We in the US are deeply saddened by the earthquake that struck Christchurch. Our thoughts and prayers are with the victims, their families, and New Zealand.

If there is anything that we can do--either as individuals or as the ABA/Section of International Law-please let me know.

Best, Michael E. Burke Chair Elect, ABA Section of International Law

I write to offer the Australian Bar’s deepest condolences to all those at the New Zealand Bar who have been impacted by the tragedy in Christchurch.

The recent floods in Queensland make us all too aware of the suffering that these natural disasters can cause within a community. It goes without saying that our thoughts and prayers are with all New Zealanders at this dark time.

Please let me know if we can do anything to assist.

Warmest best wishes Dan O’Connor Hon Secretary, Australian Bar Association

“I would be grateful if you would convey the Australian Bar’s deepest sympathy to your members who either live in Canterbury or have family and friends who have been affected by the earthquake.”

Michael Stewart SC President of the Australian Bar Association

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WHAT MEMBERS NEED TO KNOW Christchurch Earthquake OFFERS OF ASSISTANCE FROM SERVICE PROVIDERS AND FELLOW NZBA MEMBERS

to the call for assistance and many have offered free hours and reduced rates for typing services. Visit www. nzbar.org.nz for specific offers, rates, experience, and contact details.

The Association has made a request to members throughout New Zealand and the Association’s service providers asking for their assistance. The response has been heartening.

Childcare facilities

For Christchurch members who are looking to recommence practice, please look at the offers below as well as the online directory on our website, which provides details of all offerings. Please contact Lisa Mills at (09) 303 4515 or nzbar@nzbar.org.nz and Lisa will put you in touch with the people who have offered these facilities and coordinate, where possible.

Computer and digital dictation equipment

Computer equipment (hardware/software) and digital dictation equipment has been offered at cost from Ideal Systems Limited. Email nzbar@nzbar.org.nz with details of your requirements.

Transcription services

Members of the Association of Administrative Professionals New Zealand (AAPNZ) have responded

ABC Learning Centres has offered four weeks free childcare for all families in Christchurch and one free week for families re-locating from Christchurch, to any part of the country. For more information, please visit www.abcchildcare.co.nz.

Accommodation

Association members have offered accommodation to their fellow Christchurch colleagues. Offers range from the use of a boardroom or spare office to entire chambers and a vacant floor of the Law Commission building in central Wellington. There are many offers of office space in Auckland, Wellington, and Tauranga. Offers of accommodation – either for a holiday break or as somewhere to stay while relocating – are also available.

On behalf of the Association, thank you to all our members and service providers for your offers of assistance. Our Christchurch members very much appreciate your support.

Messages of Appreciation “These are the most heartening offers and messages…. I write to express our heartfelt gratitude. There is a solidarity which we can feel…. Thank you again.”

WHAT MEMBERS NEED TO KNOW NZBA SUBMISSIONS Members are advised that the following submissions prepared by the NZBA are now available in the members’ area of the website: •

Criminal Procedure (Reform and Modernisation)

Bill (prepared by Stephen Mills QC, Chris Gudsell QC, Anthony Rogers, Jonathan Eaton, Ken Johnston, Tim Castle)

• Reform of the law of discovery including electronic discovery and inspection (prepared by Stephen Mills QC, Clive Elliott, Gillian Coumbe, Elliot Hudson) Thank you to all our contributors for the work they have done in putting together the submissions. Special thanks also to immediate Past President Colin Carruthers QC and James Richardson QC for appearing before the Select Committee on behalf of the NZBA on 17 March.

ANNUAL SUBSCRIPTIONS Subscription renewals for the period 1 April 2011 to 31 March 2012 will go out in April. Please note that the payment due date is 20 May 2011. A reminder to members that services provided by the NZBA – including the NZBA Insurance Plan – are dependent on members being financial.

BAR COUNCIL MEETINGS AND EVENTS Members should feel free to contact any of the Bar Council members – or the Bar Association – with any matters they would like raised on their behalf at future Bar Council meetings.

NZBA MENTORING PROGRAMME A reminder to members that the NZBA has a mentoring programme which aims to provide a means for less experienced practitioners and members who are new to the independent bar and/or to the NZBA with an opportunity to receive valuable support and guidance in their professional development from a senior member of the NZBA. The Bar Council is conscious that there are far too many variables to consider a “one size fits all” approach. For that reason, the aim of the programme is to be flexible in a way that allows a mentee to develop at a comfortable pace.

Visit the “Professional Development” page of the NZBA website www.nzbar.org.nz to find out how to register as a mentor and/or mentee.

NZBA “FIND-A-BARRISTER” AND “FIND-A-JUNIOR” LISTINGS The website directory is available to all NZBA members and includes information on practising barristers, areas of practice and contact details. Members can update their details or send any changes in particulars to the NZBA administrator at nzbar@nzbar.org.nz. Members can also upload their photograph next to their details on the website.

All that is required is a digital photograph of yourself, which you can take professionally or with a domestic digital camera. The photograph can then be emailed to nzbar@nzbar.org.nz.

Members are encouraged to upload their information to the website directory, as it is a useful tool for briefing agents.

“We can truly feel the support from throughout the country and especially from all our friends within the NZBA.” “This is a quick email to express my gratitude for the efforts you have all made to help me. It has been truly humbling to be offered the level of support that has been shown to me by the profession and individuals following my decision to relocate.”

“It must be extraordinarily difficult for the Christchurch members of the independent bar, especially junior members, and the road to recovery will be slow. However I have been amazed by the optimism of the legal profession generally which is no doubt enhanced by the support that the Bar Association and the Law Society are providing. Thank you for your thoughts and encouragement.”

“Professional practice must be very difficult. I am pleased that I am retired and do not have to cope with all the problems of relocating. I am certain that the Association’s helping hand will assist its members in Christchurch.”

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DATE

EVENT

VENUE

15 April

Council Meeting (followed by a drinks function)

Auckland

19 May

Bench and Bar Dinner

Wellington

20 May

Council Meeting

Wellington

01 July

Council Meeting

Tauranga / Rotorua

01 September

Pre-conference Council Meeting

Auckland

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WHAT MEMBERS NEED TO KNOW IMPORTANT INSURANCE INFORMATION FROM LIAM POMFRET In view of the natural disasters that have occurred over the last six months in Australasia, insurers and re-insurers will be paying billions of dollars in claims over the coming year. It is highly likely that re-insurers will be reviewing their treaties and, of course, re-insurance rates will increase for insurers.

what constitutes a notifiable circumstance and advice on the notification process.

ADDITIONAL OFFERINGS FROM MARSH Chambers cover A Material Damage and Business Interruption policy has been designed to meet the specific needs of chambers.

Cover can include:

As the insurance market waits to see the effect these natural disasters will have on premium rates, Marsh is encouraging members who are due to renew their insurance to consider joining the NZBA Liability Plan at the renewal terms agreed with the Bar Council in December 2010.

• Buildings

The following is an overview of the coverage available to members under the NZBA Liability Plan. Please refer to the NZBA policy wording for complete coverage details or contact Liam Pomfret at liam.pomfret@marsh.com to request more information.

• Specialist items such as legal texts, antiques and artwork

• Professional Indemnity • Employment Disputes • Public Liability • Statutory Liability • Employers Liability • Internet Liability Below is a summary of the 2010/2011 agreed renewal terms: • No premium increase; • An enhanced cover for disciplinary complaints; • A reduced premium rate for barristers who undertake 85% or more of their legal work in the criminal field; and • Insurers remain the same In terms of claims’ notification, insured members are reminded to notify circumstances as soon as they become aware of them. Reporting these circumstances does not affect premium and ensures that the insurers’ position is not prejudiced. Only after insurers begin to incur costs are they likely to review the individual’s renewal rates.

Please note that this includes fee disputes and complaints made to the NZLS. Members should feel free to contact Liam Pomfret at Marsh on (09) 366 9288 or liam.pomfret@marsh.com to discuss

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• Contents • Electronic equipment • Portable equipment

NZBA NATIONAL CALENDAR MARK YOUR DIARIES NOW! A list of NZBA events for 2011 can be found below. Programmes and registration forms are available on the events calendar page of the NZBA website at www.nzbar.org.nz.

Please note that these dates are subject to change. Members are encouraged to refer to the NZBA website for updates to this schedule.

DATE

SEMINAR

15 April

NZBA Drinks Function

16 April

NZBA/CBA/IFPI Seminar Alcohol: Drink driving and beyond, Road crash investigation, Air crash investigation

03 May 14 May

Facts are Sacrosanct (followed by a social event) NZBA/CBA Criminal Law Update – Tricks of the Trade John Billington QC, Stuart Grieve QC, John Haigh QC, David Jones QC, Aaron Perkins, Harry Waalkens QC

19 May

Bench and Bar Dinner

• Wigs and gowns

19 May 1 June

Human capital risks What would you do if you were unable to work due to an accident or illness?

18 June

Business Basics for Barristers and Sole Practitioners Take the Lead and Shape Your Future (followed by a social event) NZBA/CBA/ESR Seminar The role of ESR at a crime scene (including 3D laser scanning of crime scenes) Clandestine laboratories and drugs Overview of blood and breath alcohol and toxicology

Many professionals make professional indemnity a priority on their list of insurances and can overlook cover for a main source of income for themselves or their family. Marsh can evaluate members’ individual circumstances and design a personal insurance programme based on that information.

Marsh offers a range of solutions, including: • Income Protection Insurance • Mortgage Repayment Insurance • Life and Accident Insurance

1 July 16 July

13 August 2 September 3 September 6 September

• Total and Permanent Disablement Insurance • Trauma Insurance

17 September

• Medical Insurance The Marsh SuperPlan KiwiSaver The Marsh SuperPlan forms part of the Mercer Super Trust KiwiSaver scheme. The Scheme is available to members through Mercer, a Marsh sister company and part of Marsh & McLennan Companies.

Please contact Liam Pomfret at Marsh on (09) 366 9288 or liam.pomfret@marsh.com should you wish to find out more about the above offerings.

15 October

NZBA Members’ Luncheon NZBA/CBA Seminar – Mental Health Issues in Criminal Court Process Criminal Procedures (Mentally Impaired Persons) Act 2003; Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003; Forensic Court Liaison Services NZBA/CBA/ESR Seminar – Overview of DNA Evidence interpretation, Physical evidence NZBA Annual Conference - The Modern Barrister (followed by gala dinner at Top of the Town) The Art of Written Persuasion presented by Professor James C Raymond NZBA/CBA Seminar – Forensic Document Examination Counterfeit, Forged and Altered Documents Handwriting, typewriting, printers and printed matter Inks, papers and other substances Additions and substitutions Erased and obliterated writing NZBA/CBA/IFPI Seminar DNA, body fluids and blood pattern analysis Fires, explosives and arson Fingerprints Facial mapping

TBC

Counsel in Court – The Persuader (followed by a drinks function)

1 November

Facts are Sacrosanct (followed by a drinks function)

19 November

NZBA/CBA Criminal Law Update Presented by Professor Warren Brookbanks

VENUE Central Auckland 5:30-7:00pm Pioneer Womens’ Hall, Central Auckland, 1-5pm Wellington, 1-5pm Pioneer Women’s Hall, Central Auckland 1-4pm Wellington Club 7:30-11:30pm Napier, TBC Christchurch, TBC Pioneer Womens’ Hall, Central Auckland 1-4pm Tauranaga. TBC Pioneer Womens’ Hall, Central Auckland 1-4pm Pioneer Women’s Hall, Central Auckland 1-4pm The Pullman Hotel, Auckland 9-5pm Auckland Wellington Pioneer Women’s Hall, Central Auckland 1-4pm

Pioneer Women’s Hall, Central Auckland 1-5pm

Auckland, 1-5pm Hamilton 1-5pm Pioneer Womens’ Hall, Central Auckland 1-4pm

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UPCOMING INTERNATIONAL EVENTS International Bar Association Conferences

Mandela Institute Legal Study Tour to South Africa, June 2011

The IBA stages multiple events each year in major cities throughout the world, focussing on various areas of practice.

Conferences are open to IBA members and non-members, with discounted rates offered for early registration and IBA members.

Below you will find the preliminary details of IBA events for 2011 with links to relevant conference mini-sites, where you can either register in full for the conference, or register your interests to attend where the full programme details are pending. By registering your interest you will be sent a programme and registration details as soon as they are available.

The New Normal: The effect of the global financial crisis on the private and family owned enterprises Employment Law and Discrimination Law Conference IBA/KBA Competition Law Conference

14-15 April, Brussels, Belgium 28 - 29 April, Seoul, South Korea 2 - 3 May, Miami, USA

The Second Conference of the Americas

5 - 6 May, Miami, USA

22nd Annual Communications and Competition Law Conference 28th International Financial Law Conference Annual Litigation Forum: Managing Litigation Risk - the view from Inside the Corporation 17th Annual Global Insolvency and Restructuring Conference: Only the strong will survive - financing and valuing distressed entities 6th Annual Bar Leaders Conference 14th Annual Criminal Law Conference IBA Annual Conference 2011

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10 - 12 April, Chicago, USA

Global Investments in Real Estate: Trends, Opportunities and New Frontiers

22nd Conference on the Globalisation of Investment Funds

UPCOMING EVENTS

15 - 18 May, Boston, USA 16 - 17 May, Vienna, Austria 18 - 20 May, Zurich, Switzerland 19 - 20 May, Krakow, Poland 22 - 24 May, Paris, France 25 - 26 May, Warsaw, Poland 17-18 June, Amsterdam, The Netherlands 30 October - 4 November, Dubai, UAE

The Mandela Institute is based in the School of Law at the University of Witwatersrand, Johannesburg, South Africa. It conducts research, certificate courses, short courses, conferences and continuing professional development for the legal profession.

Each year, the Mandela Institute, in conjunction with the University of Seattle, conducts a Legal Tour for students from different parts of the world.

This year the tour will take place on 6 to 10 June.

Please contact the Association’s Administrator for more information.

World Bar Conference in London, 28 June to 1 July 2012 Every two years the International Council of Advocates and Barristers (ICAB) organises an international legal conference. The next one will be in 2012 in London.

The working title for the 2012 Conference is “Advocacy Past, Present and Future”.

The Conference will be hosted by the Inner Temple and participants will have the opportunity to stay at the Temple Court hotel which is to be opened by the Inner Temple early in 2012. HRH The Princess Royal, who is the Royal Bencher of the Inner Temple and Royal Treasurer of the Inn this year, has graciously agreed to be the Patron of the Conference.

The programme is expected to include a visit to the UK Supreme Court, a reception at the House of Lords and a gala dinner in the Elizabethan Hall of Middle Temple.

More information will follow in due course.

NZLS CLE Litigation Skills Programme 2011 is on track for Christchurch While many places in Christchurch have taken a real battering from the two earthquakes, Lincoln University, where the Litigation Skills programme is held annually, is still an oasis of peace despite suffering some damage, and is ready to face another onslaught of 96 participants and around 60 faculty.

The programme, which provides in-depth hands-on training in courtroom advocacy skills, will be held from 21 – 27 August.

Applications for places in the programme open on 31 March and close on Friday 24th June 2011 at 5pm.

As always, the New Zealand Bar Association, Douglas Wilson Advocacy Scholarship Trust and the Criminal Bar Association of Canterbury all offer financial assistance at varying levels to deserving applicants. Information about the scholarships is available from NZLS CLE on request.

The 2011 programme will have as Director Liz Bulger from Riverland Chambers in Christchurch and Jonathan Krebbs from Shakespeare Chambers as Deputy Director. Both are long standing faculty members, well versed in the NITA (US National Institute for Trial Advocacy) teaching method adapted for New Zealand use.

During the week-long programme, participants will undertake extensive exercises and drills, and receive ongoing feedback from trained faculty on leading evidence, cross-examination and production of exhibits, cross-examination and impeachment and examination of expert witnesses. They will prepare mini trials leading to the grand finale of a full Mock Trial before real judges on the final day.

The Litigation skills programme is renowned as being extremely rigorous. It’s tough on participants and faculty alike – but it is also declared by participants (and often returning faculty) to be “The best course I have ever attended!” And, an added bonus the food at Lincoln is hearty and good, the company excellent and the final dinner not to be missed!

17

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Introducing Digital Mobile

Take advantage of any of these advertised offers and I ‘ll pay your first months plan cost plus give you a FREE car charger.

Find out how we can work with you to get the best out of your telecommunications needs…

Meet Jon … your account manager Jon has an extensive history working alongside major Vodafone accounts, and brings the ‘Total communications solutions’ to you – Jon can assist you with Mobile Phones, Landlines, Broadband, IT services and more.

“This allows me to prepare total packages leveraging great discounts, plans and some of the newest technology from Vodafone. By involving our service partners, we can also ensure your new technology is up and running exactly as you need it.

Even if you’re happy with your current provider I’d appreciate the opportunity to inform you of what I can offer to be sure you’re getting the best deal. If you’re already under contract, I can minimise or even cover the cost of change.

Contact me to make sure you are getting the best deal.

Let me know what you need, I’ll listen and come back to you with the best solution for your unique needs.”

What we can offer you…

• Tailored plans to really meet your needs • Both fixed and mobile solutions • Set-up and on-going training for your smartphone and broadband • Great support from me and Vodafone’s reliable network Call Jon Farquharson on 0800 566 529 or email him on jon.farquharson@digitalmobile.co.nz 18

Smart 4 Plan

24 month contract

250 national anytime minutes 600 TXTs to any NZ mobile 500MB Data included per month $115.52 per month

Extended 3G Rural Coverage

Terms and conditions apply, please contact your Association Manager for further details. Mobile plans are available to Association members only for new and re-sign connections only. Phone prices only available on a 24 month Smart 4 plan. All prices exclude GST. Vodafone New Zealand terms and conditions apply. Offer is subject to change without notification. Offer expires 31st March 2011 or while promotional stocks last.

Handsets are subject to availability. For more details and full terms and conditions see www.digitalmobile.co.nz

19

NZBA Committees The NZBA committees comprise Bar Council members who volunteer their services. The committee members regularly advise and assist in the preparation of detailed submissions regarding draft legislation and current issues in the administration of justice.

From time to time, the committee members may seek assistance from members with the preparation of submissions, newsletter articles or with organising training and/or social events.

If you would like to record your interest in providing future assistance to any particular committee(s), please contact the Association’s Administrator, Lisa Mills, at nzbar@nzbar.org.nz Members should feel free to contact any of the Bar Council members with any matters they would like raised on their behalf at future Bar Council meetings.

Below is a list of NZBA committees and members: 1. Newsletter Clive Elliott (Chair), Catriona MacLennan (Editor) 2. Training Chris Gudsell QC (Chair), Gerard Curry (Deputy Chair), Miriam Dean QC, Toby Futter, Catherine Bibbey, Anthony Rogers, Tim Castle 3. Junior Members Toby Futter (Chair), Lisa Hansen (Wellington) (co-opted), Sophie Klinger (Auckland) (co-opted), Vicki Scott (Tauranga) (co-opted), Kerry Cook (Christchurch co-opted)

2010 - 2011 COUNCIL CONTACT DETAILS MIRIAM DEAN QC - President Ph: 0064 9 377 8959 Fax: 0064 9 377 8960 P O Box 4111, Shortland Street, Auckland, 1140 miriam@barrists.co.nz COLIN CARRUTHERS QC - Past President Ph: 0064 4 471 4275 Fax: 0064 4 471 1195 P O Box 305, Lambton Quay, Wellington, 6140 crc@crcarruthers.co.nz STEPHEN MILLS QC - Auckland Vice-President Ph: 0064 9 307 9820 Fax: 0064 9 307 1572 P O Box 4338, Shortland Street, Auckland, 1140 stephen.mills@shortlandchambers.co.nz CHRISTOPHER GUDSELL QC - Waikato/BOP Vice-President Ph: 0064 7 839 3290 Fax: 0064 7 834 0587 P O Box 19085, Hamilton, 3244 ctgudsell@xtra.co.nz KENNETH JOHNSTON - Wellington Vice-President Ph: 0064 4 372 3466 Fax: 0064 4 365 2592 P O Box 5058, Lambton Quay, Wellington, 6145 k-johnston@clear.net.nz CATHERINE BIBBEY - South Island Vice-President Ph: 0064 3 377 5589Fax: 0064 3 365 2592 P O Box 13-868, Armagh, Christchurch, 8141 c.e.bibbey@xtra.co.nz TOBY FUTTER - Junior Barristers’ Representative Ph: 0064 9 308 0516 Fax: 0064 9 308 0518 Bankside Chambers, Level 22, 88 Shortland Street, Auckland toby@futter.co.nz ELLIOT HUDSON - Treasurer / Secretary Ph: 0064 7 839 6644 Fax: 0064 7 839 6610 P O Box 19252, Hamilton, 3244 elliothudson@xtra.co.nz

4. Submissions Stephen Mills QC (Chair), Ken Johnston (Deputy Chair), Chris Gudsell QC, Elliot Hudson, Clive Elliott, Kate Davenport

TIM CASTLE Ph: 0064 4 471 0523 Fax: 0064 4 471 0672 P O Box 10048, Wellington tim.castle@xtra.co.nz

5. Member benefits Kate Davenport (Chair), Anthony Rogers (Deputy Chair), Malcolm Wallace, Tim Castle

GERARD CURRY Ph: 0064 9 377 9783 Fax: 0064 9 377 9784 P O Box 106586, Auckland, 1143 gerard.curry@argylechambers.com

6. HC External Agencies Ken Johnston (Chair), Kate Davenport

KATE DAVENPORT Ph: 0064 9 307 8787 Fax: 0064 9 307 8788 P O Box 141, Shortland Street, Auckland, 1140 kate@katedavenport.co.nz

7. Equitable Briefing Policy Kate Davenport (Chair), Colin Caruthers QC 8. Strategic Planning Ken Johnston (Chair), Stephen Mills QC (Deputy Chair), Chris Gudsell QC, Catherine Bibbey, Elliot Hudson, Toby Futter 9. Senior Counsel Rules/Intervention Rule Colin Carruthers (Chair), Miriam Dean QC (Deputy Chair), Stephen Mills QC, Chris Gudsell QC 10. NZBA Conference Kate Davenport (Chair), Clive Elliott (Deputy Chair), Tim Castle 11. World Bar Conference 2014 Colin Carruthers QC (Chair), Tim Castle, Kate Davenport, Monique Pearson

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ANTHONY ROGERS Ph: 0064 9 377 4850 Fax: 0064 9 377 4850 P O Box 1771, Shortland Street, Auckland, 1140 agvr@xtra.co.nz CLIVE ELLIOTT Ph: 0064 9 309 1769 Fax: 0064 9 366 1599 P O Box 4338, Shortland Street, Auckland, 1140 elliott@shortlandchambers.co.nz MALCOLM WALLACE Ph: 0064 3 379 6976 Fax: 0064 3 365 2592 P O Box 13254, Armagh, Christchurch, 8141 malcolmwallace@bridgesidechambers.co.nz DEAN TOBIN Ph: 0064 3 477 8781 Fax: 0064 3 477 8382 P O Box 1424, Princes Chambers, Princes Street, Dunedin, 9054 dean.tobin@princeschambers.net