At the Bar - October 2024

At The Bar October 2024

Access to Justice Award 2024 Finding your way Douglas Ewen KC remarks from the Chief Justice

DESIGNED FOR BARRISTERS

EXISTING CUSTOMERS EARLY ADOPTER SPECIAL Just $50/month for NZBA EXISTING Lexis Advance® customers.

Sign up before 31 October 2024!

To take advantage of this Early Adopter Special, please contact Ana Cathcart on 027 6888 186 email ana.cathcart@lexisnexis.co.nz LexisNexis, Lexis+, Halsbury’s and the Knowledge Burst logo are registered trademarks of RELX Inc. © 2024 LexisNexis NZ Limited. All rights reserved.

YOUR ASSOCIATION p4

p11

Pg 4

From the Outgoing President – Maria Dew KC

signs off

Pg 7

A Profile of the President – Paul David KC

Pg 9

Douglas Ewen KC – Chief Justice's remarks

Pg 10

New members

Pg 15

Access to Justice 2024 – this year's winner

Pg 17

Kōrero – Bar News

Pg 19

Upcoming Events

Pg 20

Dispatch from our Advocacy Committee

Pg 34

After five functions

Pg 35

Silks ceremonies and functions

Pg 36

Trans-Tasman Bar Conference

Pg 38

Auckland Silks Dinner

LEGAL MATTERS p23

Pg 11

Finding your way – Aedeen Boaditia-Cormican

Pg 21

Assessing the value of lawyers – IBA Impact Report

Pg 23

Tempered radicals at the bar – Diane Duggan

Pg 28

Lawyers contributing to community services -

Josh McBride and the Backcountry Trust

p30

Pg 29

Supreme Court split 3:2 in major limitation

decision - Christine Meechan KC

PRACTICE AND LIFESTYLE Pg 30

Five tiny habits to improve your emotional health

Pg 31

The power of gratitude – reap the benefits

Pg 32

Petrol Heads' Corner – Trek Powerfly

p32 The views expressed in the articles in this publication may not necessarily be the views of the New Zealand Bar Association Copyright acknowledgement: The images in this issue are subject to copyright or use restrictions.

CONTACTS NEW ZEALAND BAR ASSOCIATION | NGĀ AHORANGI MOTUHAKE O TE TURE Tel: +64 9 303 4515 Email: nzbar@nzbar.org.nz Web: www.nzbar.org.nz PO Box 631, Auckland 1140

Lisa Mills (Contributions and advertising) Tel: +64 9 303 4515 Email: lisa.mills@nzbar.org.nz

DESIGN AND LAYOUT BY Kirsten McLeod Tel: +64 21 360 399

From the Outgoing President Maria Dew KC*

Tēnā koutou katoa It has been an absolute pleasure to lead the New Zealand Bar Association | Ngā Ahorangi Motuhake o te Ture (NZBA) together with our Council, over the last two years. As I hand the reins over to Paul David KC, I am pleased to report the organisation is in a strong position to face the future.

It is both financially and organisationally, in great heart.

I came into the role as President already knowing the importance of having a strong independent voice for our growing and increasingly diverse barrister community and the aims of our Association. I leave even more convinced that the Bar Association has a vital role and that our goals remain much the same as when the Association was first established.

The members of our Association are a thoughtful, caring and determined bunch, who give much of their time to support our collective goals. I hope all of you have gained, in some way, the benefit I have experienced from being part of this barrister community. It has been one of the delights of the President’s role, to attend and speak for the NZBA at ceremonial events and visit chambers all around the country, where I see so many barristers celebrating each other and proud to be part of our profession.

I am grateful to our hardworking Council, our Secretariat, committee members and other barrister volunteers, whose contributions fill the pages of this report.

We have focused our attention on: • Supporting our barrister community to succeed at the bar, by collegial support, learning and celebrations, and our specialist advocacy and dispute resolution training that recognises our unique role in the law; and • Speaking out on rule of law, access to justice and law reform issues, that are at the heart of our professional obligations and protect the healthy functioning of our legal system.

Issues that impact One of our key goals is to ensure we advocate on issues that impact our members' practice, as well as those areas where members see value in our advocacy.

This has meant a busy year for our committees, who have produced a number of these submissions. We are fortunate that we can call on senior and experienced members of the profession to develop submissions, often at short notice.

4

Submissions we have been involved with this year have included: • The directions for Judges from Te Kura Kaiwhakawā | The Institute of Judicial Studies (Te Kura) on responding to misconceptions about sexual offending.

There was concern by criminal barristers about aspects of the directions. As a result of consultation with the NZBA and others, Te Kura has now published a revised version of directions which we believe better meets fair trial rights.

• Tikanga in Legal Education. The NZBA has this year submitted a letter to the Regulations Review Committee supporting the Council of Legal Education in its recommendations. As the law stands and is developing, our Council agrees that Tikanga Māori is a necessary part of legal education.

• Submissions to Parliamentary Select Committees have been a significant undertaking over the last 12 months, including proposed government reforms to Victim Impact Statements, section 27 Reports, Three Strikes legislation, the Ram-Raiding Bill, Gang Insignia Bill, Firearms Prohibition Orders Legislation Amendment Bill, the Courts (Remote Participation) Amendment Bill and the Privacy Amendment Bill.

• Rules Committee – we have remained active on the mahi around streamlining the rules to improve access to justice and thank the judiciary for their willingness to collaborate with the profession on this work.

Media commentary has certainly been a part of the President’s role in the last 12 months. You may have noted the NZBA speaking out on several important issues such as Court security concerns for lawyers and the need for improvements, and Ministers' personal attacks on judges undermining our judiciary. These are issues that members are passionate about and support our objectives to speak out on issues that impact our profession.

Engagement with the Minister of Justice, Hon. Paul Goldsmith In the last 12 months, Paul David KC and I have met twice with the Minister of Justice, the Hon. Paul Goldsmith, to advocate for issues important to the Bar Association.

We have continued to highlight that among the bar, legal academics, and the profession generally, there is a real concern that underfunding the courts and legal aid, will have profound adverse impacts on the operation of our justice system.

We have invited the Minister to take time to consider legislative change based on evidence and to allow time for the profession to provide submissions. We have noted the timeframes for responding to submissions has

OCTOBER 2024

become so truncated that it risks not providing sufficient time needed to develop responses.

We should also acknowledge the real efforts made by the Minister to engage with the NZBA over this last year. Our meetings with the Minister have ensured that our members interests can be heard and our proposals for reform considered.

Legal Aid and the Legal Services Commissioner I am pleased to report we have developed an excellent working relationship with the Legal Services Commissioner, who is proactive in her engagement with the profession about low-cost process and procedure improvements that will improve and expand legal aid. We suggested they need radical solutions and encouraged the Commissioner to consider removing all application process barriers, major change to PAL 3 to 4 approvals and junior counsel payments. These are gains that we hope will ease the burden on those barristers working in the legal aid arena and encourage more to take up a small share of the work.

However, it is not the complete answer by any means.

So, the work continues. It is too important to resign ourselves to our legal system being undermined. We only need to look to the United Kingdom, to see the same concerns being raised by the Bar Council of England and Wales and the Law Society there. We continue to advocate for significant improvement in legal aid. This is an international issue which if we do not advocate for will undermine the operation of the courts and access to justice.

Connecting Criminal and Public/Civil Law Barristers This mahi is a joint project with the Criminal Bar Association. Douglas Ewen KC advocated for the scheme to link criminal and public lawyers to assist defendants in custody who have public law and civil claims. There is currently an unmet legal need that Douglas identified and campaigned for before his death. Criminal lawyers have asked that our two organisations create a network to link and offer training to lawyers to undertake cases on legal aid or pro bono. The first meeting of interested barristers took place on 17 September 2024.

Self-Represented Litigants Project Pilot In July of this year, we started working with the Law Society and Te Ara Ture on an Access to Justice Project to develop a High Court pilot scheme involving support for self-represented litigants.

The rollout of the pilot is likely to be in Auckland, followed by Wellington. The concept will involve pro bono advice via Te Ara Ture, about the court process to litigants who would otherwise be unrepresented at court. The Chief Judge of the High Court has welcomed this initiative. The Courts regularly see self-represented litigants in judicial review and civil claims struggling to navigate the court process without legal guidance.

NZBA Intervenor cases This year we have received an increasing number of requests to act as an intervenor in cases. We do not

OCTOBER 2024

accept all of these invitations. We assess the need for intervention where there are rule of law or access to justice issues at play and where our committees consider intervention will advance our members’ interests.

This year we intervened in the following cases: • CIV-2020-485-540 – Fawcett v Legal Services Commissioner (Counsel: Felix Geiringer and Philip Cornegé), dealing with legal aid counsel’s right to claim trial preparation costs.

• CIV-2023-404-003115 – Awiyele v Mugisho (Counsel: Vivienne Crawshaw KC), dealing with the jurisdiction of the Family Court to appoint counsel to assist.

• MPC 202023 – MW v SPIGA Ltd (Counsel: Karen Radich and Carter Pearce), dealing with name suppression principles in the employment jurisdiction.

I particularly want to acknowledge the pro bono work of counsel representing the Bar Association in these cases.

Diversity & Inclusion This year we have continued our engagement with Te Hunga Rōia Māori, the NZ Asian Lawyers, Pacific Lawyers Associations, Auckland Women Lawyers, and Wellington Women Lawyers, finding ways to develop pathways for new members to join the bar and be supported by our Association. This has included sponsorship of attendance at our Conference and support for events that might encourage more lawyers to see the bar as a welcoming and viable career option. This remains a work in progress as we still have a long way to go to ensure that we reflect the communities we serve.

We have also commissioned an update on our research on the gender ratio of counsel appearances in the higher courts. This is due to be published later this year and will complement our earlier studies undertaken in 2018 and 2021, which highlighted the limited number of female lead counsel. This research is designed to ensure that we remained focused on equitable briefing, which is unfinished business for many women in the law.

Trans-Tasman Conference The 2024 Conference was held on 16-17 August in Tāhuna Queenstown. This was a joint conference with the Australian Bar Association, and it was our second Trans-Tasman Conference. The last was held in 2019. I was delighted to host the event, alongside Peter Dunning KC, President of the Australian Bar Association.

This was a sellout conference. The Conference opened with the warmth of a mihi whakatau from representatives from Ngāi Tahu. I am pleased to report that even our NZBA Council was in great voice, as we sang our waiata, mostly thanks to the voices and harmonies of Genevieve Hazard, Kellie Arthur and Richard Raymond KC. We were honoured to have Annette Sykes, Te Ringahuia Hata and Natalie Coates join us.

5

A session delivered by the Hon Justice Stephen O’Meara achieved a standing ovation at Conference. He spoke about mental health at the bench and bar, drawing on his own experience of “hitting the wall” despite his successful career. It was a powerful speech, and we are very grateful for his bravery in sharing such a personal journey. I encourage you all to read his address to the Victorian Bar Readers Dinner in 2023, and prioritise your health and wellbeing. Justice O’Meara said: “In a profession which is competitive, and intrinsically involves winning and losing, and in which the people that you’re competing against also double as your peers and friends, it’s probably no more realistic to tell you to seek support from your friends than it ever was for me. After all, how could I turn to anyone when I didn’t even know what was happening?”

The real point, I think, is to recognise that it can happen to you and to recognise it in yourself when it’s happening. When it happens, seek professional help as early as you can.2 Collegiality and our Committees It has been a passion of mine to encourage a wider group of barristers into the Bar Association. This has seen the establishment of our Junior Barrister

Committee and re-invigoration of the Family Trusts and Estates Committee, to support these barristers into the Association.

Alongside our other committees we have had success in developing strong networks, where anyone is welcome to join and contribute to the committees' work and develop their networks to support life at the bar.

Speaking of collegiality, check out our Events section in this issue of At the Bar. There are some great photos from recent social events.

Farewell – for now I am very proud of the work done and that this Bar Association will continue to do.

Any success we have had, is because of our collective effort. For now, I am off to have a cup of tea and a lie down, it has been a busy year!

Ehara taku toa i te toa takitahi engari he toa takitini My strength is not that of an individual but that of a collective.

Ngā mihi nui Maria Dew KC

President New Zealand Bar Association | Ngā Ahorangi Motuhake o Te Ture

On the left: Maria Dew KC and Peter Dunning KC (Australian Bar Association President) at Westminster Hall after the Service to mark the opening of the Legal Year in England and Wales.

Above: Maria addresses the court at the swearing in ceremony for Hon Justice Blanchard

REFERENCES Remarks of the Hon. Justice O'Meara, Victorian Bar Readers’ Dinner, Melbourne, 18 May 2023. https://www.supremecourt.vic.gov.au/about-the-court/ speeches/speeches-by-the-hon-justice-omeara/victorian-bar-readers-dinner 2 The Law Society has partnered with Vitae to offer a free and confidential counselling service. The service provides for up to 3 free confidential sessions for anyone in a legal workplace, whether you're a lawyer or not. It is important to note that at no stage does the Law Society receive the names of identifying details of those who use this service. To talk to a counsellor contact Vitae, freephone 0508 664 981, complete an online referral form, or download the Vitae NZ app from the App Store or Google Play. Make sure you mention you’re accessing the ‘Legal Community Counselling Service’.

1

6

OCTOBER 2024

A Profile of the President: Paul David KC Barbara Relph*

Paul David KC took over as President of the Bar Association on 1 October 2024. While many think of Paul as a commercial litigator, he has a broad-based background and has worked in most areas of the law, as this profile of him explains.

Working life After a degree in modern and medieval languages, Paul studied law and was called to the Bar of England and Wales.

He practised for seven years, before moving to Aotearoa New Zealand and joining Russell McVeagh, where he became a partner in 1993. In 2002 Paul jointly founded specialist litigation firm Wilson Harle before moving to the independent bar and joining Stuart Grieve KC and Peter Andrew (now Justice Andrew) at Eldon Chambers in 2006. Paul was appointed Queen’s Counsel in 2014.

In his long career, Paul has worked in most areas of the law in civil, commercial and criminal proceedings.

He maintains a broad practice, although his work now generally centres on commercial cases. Throughout his career he has developed two specialist practice areas - maritime law and sports law - and Paul has written leading texts in both areas. They are similar as they involve applying general principles of law (particularly contract law), interpreting the agreements and rules that regulate commercial or sporting activity, and using the analysis - often in urgent circumstances. Paul says that from his first days in practice he has enjoyed problems that have to be addressed urgently and often in a practical manner, if law is to play a meaningful role.

While Paul’s main focus has always been on working in the law, he achieved a reasonable level of proficiency in amateur sport in his youth. His interest in the role of law in sport developed from this. In the mid-1980s he wrote an article for the England and Wales Bar magazine on a case involving a claim for negligence for an on-field football injury. Such cases and articles were rare then.

From this time his interest has continued in an area of law which has rapidly developed with specialist practices and tribunals. As in many other areas in New Zealand, accessing legal advice can be a problem. “This area of law has a strong connection with access to justice: many athletes and some sports organisations simply don’t have the funds to pursue their objectives.”

Paul’s interest in maritime law first arose from the study of contract law where many leading cases come from shipping and trade disputes. After finishing legal study, he worked for some months at a specialist

OCTOBER 2024

maritime firm before starting in chambers. Although his work at the Bar was that of a junior barrister learning the trade in civil and criminal courts, Paul was also instructed in maritime proceedings and arbitrations.

When Paul started at Russell McVeagh, shipping law specialist Brad Giles saw the opportunity to ask him to help with maritime and trade disputes. He greatly enjoyed working with Brad who became a mentor and friend. “He was my kind of lawyer. Direct. Get to the answer, help the client as effectively and quickly as possible.” Paul’s work in this area has seen him handle some significant claims, as well as appearances in courts in several overseas jurisdictions and various arbitral and international tribunals.

The system: what’s wrong, what’s right, and what can be done about it?

Paul is a great believer in the adversarial system and its ability to produce reasoned and just outcomes. But he thinks that there would be little argument from any party working in the justice system in New Zealand today – administrators, barristers, solicitors, judges – that it is currently overloaded across the board; and that it is at best struggling in the civil jurisdiction to deliver access to justice at a reasonable price within reasonable time frames.

"Justice will always be too slow for some - the topic of law's delays is as old as the law itself but we do need to provide justice faster; rule changes can help with cultural change, but what is needed is a more fundamental change in approach."

“The functioning of any modern economy depends on contractual rights being capable of being enforced reasonably quickly at reasonable cost if needs be, and we’re not doing this well enough. Contract claims by individuals and businesses are important and the resolution of those claims must be at the heart of the system. If these cases are delayed, clients suffer through increased costs and the wheels of commerce turn more slowly. We are all conscious of this and the challenge is to agree on and make the necessary changes to get the system moving as it should.”

7

Everyone has an interest in this work. Paul notes that the Minister of Justice and the Ministry are keen to find solutions, but it is not an easy fix. “The Bar Association wants to play its part, and I think that it is important that we continue to work in this area – to improve access to justice through our members presenting cases in a way that assists the courts to make decisions. We need to work to avoid the inevitable problems that can arise in society when people simply can’t afford to use the court system to settle their disputes and may regard it as a waste of time and money.”

The solution, Paul says, can only come from combined effort across the system with every actor playing their part. “It is bit of a cliché, and the analogy is far from perfect, but the justice system is like an orchestra, made up of diverse players, a wide variety of instruments, each player trained and able to follow the score. Each member of the orchestra is important. If they don’t all play together, the result is, well, discord.”

To achieve harmony, we need to work together, with all trained to play their parts efficiently. “Justice will always be too slow for some – the topic of law’s delays is as old as the law itself – but we do need to provide justice faster; rule changes can help with cultural change, but what is needed is a more fundamental change in approach. We all must think of options that might work and agree on them; perhaps we should have a renewed emphasis on oral advocacy that addresses skeleton arguments with oral judgments at the end of argument wherever possible, rather than overloading judges with long written submissions that tend to lead to long written judgments. Could we agree on practices that have interlocutory applications or short proceedings of up to a day in length being decided at the end of the hearing of argument with judgment given then, with reasons or with reasons to follow in a specified short time frame?”

he did not have greater involvement in what he saw as the political side of law, choosing to devote himself to the job of being a barrister.

“This seemed to be the right time to put myself forward.

I wanted to try and contribute to the efforts to improve the system and to encourage the continued development of an independent bar and improve the understanding of the importance of its role. This is vital if advice and representation is to be provided in a way that makes the justice system more effective. You become an older barrister quickly but as a young barrister I benefited hugely from education and training on the job. The job is not for everyone, but I am passionate about the Bar Association making this career path available for young lawyers at an early stage in their careers.”

We need to work to avoid the inevitable problems that can arise in society when people simply can’t afford to use the court system to settle their disputes and may regard it as a waste of time and money.

The opportunity to shadow current President Maria Dew KC has been invaluable, and Paul notes Maria’s achievements in this demanding role are huge. “I have been warned about the workload and will try to prioritise what makes a real difference. I like to think that I understand our work as independent advisers and advocates well and I am looking forward to representing our members on the issues that concern them.”

Paul is grateful for this opportunity to work closely with the Bar Association. He hopes that he can use his skills to get things done for the benefit of barristers and the system they work in.

Favourites

Paul has an interest in developing better pathways for junior barristers who are keen to join the independent bar after finishing studies. Better training as barristers under supervision will ensure we have more young barristers who can handle cases efficiently and well.

Poetry: Many likes but Larkin is a favourite.

Paul says that "There is no better start for a young lawyer who wants to be an independent barrister than to learn from an early stage to take responsibility for a client’s case. The Bar Association must work on providing the young barristers with appropriate and consistent training and supervision in the specialist drafting and advocacy skills required. There are many who want to do this work, to be responsible for cases and to be regularly in court using their skills. The Bar Association is in a unique position to help with this by providing the training and supervision required to get young lawyers started as barristers. Access to justice and the working of the system will benefit.”

Food: Fish and chips.

Pop song: All the young dudes, written by David Bowie, recorded by Mott the Hoople – first heard in 1972 and still great.

Sport: Still interested, active (just) in a bit of golf and regular swim squad sessions where he swims increasingly slowly, but still loves it. A Warriors season ticket holder for many years. *Barbara Relph is a freelance writer and proof-reader with more than 25 years’ experience. Her credentials include a BA (literature), a BCom, and a Diploma in Proofreading and Copy Editing. For more about Barbara, visit her website at www.barbararelph.com

The Bar Association While Paul has been a member of the Bar Association for many years and has attended conferences regularly,

8

OCTOBER 2024

Douglas Ewen KC 12 October 1967 - 3 August 2024

Douglas Ewen KC was a prominent advocate for human rights, who frequently represented defendants in the High Court, the Court of Appeal, and the Supreme Court. He was, in the words of the Chief Justice, the voice of the most marginalised in society.

Douglas was due to be called to the inner bar in the same ceremony as his 2024 Wellington KC colleagues.

Because of his illness, a ceremony was instead held for him at his bedside, and it was attended by his family, the Chief Justice and the Hon. Justice Stephen Kós.

At the Wellington Silks ceremony, the Chief Justice repeated the remarks she had made about Douglas. In a moving gesture, the Bar rose and stood for Douglas during this time.

The Chief Justice’s office has kindly consented to the reproduction of her Honour's remarks in At the Bar. Mr Douglas Ewen KC Mr Ewen you have spent your legal career being the voice of the most marginalised in our society — those who are least able to speak for themselves.

Since joining the independent bar in 1996, you have developed a substantial civil and criminal practice, specialising in the rights of prisoners and detainees.

As a criminal defence lawyer, you have taken on some of the hardest work in our legal system. In more recent times you have focused on appellate work. This reflects the demand for your unusual ability to spot the critical issue in play — even if that issue is buried deep in a morass of facts, or turgid legislative provisions. As you have done that work your practice has morphed into civil litigation, specialising in the area of human rights.

As counsel you have contributed to the development of the law in a quite remarkable way. The effect of your advocacy can be seen in the decisions of our appellate courts — from the interpretation of threestrikes legislation in Fitzgerald v R, to the calculation of pre-sentence detention in Booth v R. It can be seen in the decision of the United Nations Human Rights Committee in Thompson v New Zealand in which you successfully argued that New Zealand had breached its obligations under art 9 of the International Covenant on Civil and Political Rights.

Your focus has been distinctive — when nobody else saw the need, you took the time to master complex legislative frameworks that govern things such as the

OCTOBER 2024

calculation of sentences. This legislation can be arid — but you saw the impact its misapplication could have on the lives of prisoners. Your work on Booth led to the correction of miscalculated prison times for over 500 prisoners. Anyone who has followed your career would be entirely convinced of the need for our Law Schools to teach sentencing law — an area too often overlooked as not intellectual enough to be the focus of academic study.

You are in some ways a deceptive advocate — you have a very straightforward advocacy style — some might describe it as an informal style. For all the informality, you can identify issues and advance arguments demonstrating a depth of analysis and understanding of the law that is, quite frankly, rare. You have an intellect that enables you to keep hold of the threads as you argue your way through the complex legislation, and the mathematical complications that are a feature of our sentencing and parole law.

Where others see mess, you see a system. We are fortunate indeed that you have been prepared to share some of that knowledge through various publications, including the Criminal Litigation Workflow Guide published by Thomson Reuters, and in your publication with Chris Corns, Criminal Appeals and Reviews in New Zealand.

"... you are also brave. You have never shirked the tough assignment, even though it has sometimes subjected you to criticism from those who do not understand the role that criminal lawyers play..."

I must mention that you are also brave. You have never shirked the tough assignment, even though it has sometimes subjected you to criticism from those who do not understand the role that criminal defence lawyers play and perhaps do not understand how that role is critical to upholding the rule of law. You have never let public opprobrium of your clients deter you and have held fast to the ideal of equality before the law. And you have done it all with that distinctive Doug Ewen smile on your face.

I would characterise your whole career as spent in service to ensuring access to justice. You have taken on poorly remunerated work because of your belief that providing access to justice for the most vulnerable or the least regarded is essential if we are to aspire to be a just society.

9

Much of your practice is at legal aid rates. Other parts are pro bono. This includes work as a volunteer for the Te Ara Ture pro bono project. You have helped Te Ara Ture develop a pilot programme to assist lay litigants with drafting their pleadings, to avoid their claims being struck out for non-compliance.

You have a strong sense of service to your profession, Mr Ewen. Your assistance and advice are sought out by many — from junior lawyers seeking career advice and appellate experience, to police prosecutors seeking your expert help with matters of procedure. That the latter turn to a defence lawyer for advice speaks to

your reputation as a person of integrity. And your willingness to give it speaks to your generosity.

You also lead by example — no task is too “junior” for you. You are one of few senior practitioners to maintain a position on the duty solicitor roster. You do so because you recognise that bail is the most important work a first-appearance lawyer does, and because junior practitioners benefit from seeing senior practitioners in this role, doing the job properly.

"I think it is important that I say on behalf of the judges and lawyers gathered here, the gratitude we feel for your contribution to the law and to our society."

You have told me that you feel very grateful to have had the career that you have. As to that, I think it is important that I say on behalf of the judges and lawyers gathered here, the gratitude we feel for your contribution to the law and to our society.

Mr Ewen you have well and truly earned the rank of King’s Counsel.”

The Bar Association offers its condolences to family, friends, and colleagues of Douglas Ewen.

The Bar standing at call ceremony.

New Members Peter Anderson Alexander Ashmore Susan (Sue) Barber Alison Bendall Sharon Bennett Henry Benson-Pope Chris Bernhardt Maddison Berquist Jane Borthwick Josie Butcher Kevin Clancy Natalie Coates Bradley (Brad) Cuff Erin Davies Siobhan Davies Allister Davis Angus Drumm Rachel Forde Jennifer (Jen) Freeman Grier Gardyne Anne Gordon Jessica Grobbelaar Jamie Hall Max Harris Charles Harvey Catherine Iorns

10

CANTERBURY AUCKLAND AUCKLAND GISBORNE AUCKLAND OTAGO BAY OF PLENTY CANTERBURY CANTERBURY AUCKLAND AUCKLAND BAY OF PLENTY WELLINGTON AUCKLAND WELLINGTON CANTERBURY AUCKLAND CANTERBURY CANTERBURY AUCKLAND CANTERBURY AUCKLAND AUCKLAND WELLINGTON AUCKLAND WELLINGTON

Lisa Kennedy Lucy Kenner Shelley Kopu Hugh Leabourn Emily Lyons Nick Malarao Shaurya Malaviya Eden (Jedi) McCarthy Andrew McRae Lauren Milne Matthew Mortimer-Wang Jennifer (Jenni) North Anna Patton Helen Radinovich Catherine Rong Fu Sean Rush Isobel Ryan Geoffrey (Geoff) Sharp Carey Sigamoney Michael Snape Rhiannon Stannard Robert (Rob) Stevens Danielle Steyn Monique Thomas Abigail van Echten Eric Yu

CANTERBURY WELLINGTON AUCKLAND AUCKLAND AUCKLAND AUCKLAND WELLINGTON AUCKLAND CANTERBURY AUCKLAND AUCKLAND CANTERBURY AUCKLAND AUCKLAND AUCKLAND WELLINGTON AUCKLAND WELLINGTON AUCKLAND WELLINGTON TARANAKI BAY OF PLENTY CANTERBURY CANTERBURY WELLINGTON CANTERBURY

OCTOBER 2024

Finding Your Way Aedeen Boadita-Cormican*

This piece is not a career roadmap anyone who knows me will tell you I have no sense of direction. Nor does it contain tips or recommendations.

Rather, I am sharing my story in case it may prompt self-reflection on the part of life that is your career. We each find our way to where we are now in our own time, at our own pace and with our own motivations. For me, kia whakatōmuri te haere whakamua - I walk backwards into the future, looking to my past.

Ko Aedeen Boadita-Cormican toku ingoa. My name reflects my whakapapa to Ireland and India. It reveals part of the story of my formative years.

My parents named me Aedeen de Socorro Boadita. Éadaoín (anglicised Aedeen) is a character from Irish mythology. Santa María do Socorro is a chapel in my father’s village in Goa. Boadita is my paternal family name.

My father was Goan, born in Uganda where my grandfather worked in the British civil service and my grandmother’s family had a cotton milling business.

My parents met in Belfast, in the north of Ireland. I am their only child.

My father died when I was a year old. Mum was in her mid-twenties. Over the next two years we soaked up great love and support from family and friends in Ireland and in India, where we travelled to spend extended time with my father’s family, most of whom we had only known up until then through letters and telegrams.

Mum was from Dublin, but we lived in Hillsborough, a predominantly protestant area in the north of Ireland,

The Irish and Indian aunties meet circa 1969

OCTOBER 2024

which is part of the UK. Until 2022, the Irish language was not recognised and protected in the UK. This lends some significance to the name of our house in Hillsborough: Ó Chualann – Irish for The Sugar Loaf Mountain in Dublin – my maunga.

My earliest role models were strong, independent women: my mother, my maternal grandmother, and a woman from Hillsborough who defied community pressure not to work for “that catholic widow-woman with the black child” to mind me while Mum was at work.

My mother met and married my stepfather - my dad – when I was three. Dad is from Belfast, but was working in Lima, Peru. Mum and I joined him there. Our little family was known by Dad’s surname, Cormican.

The local British school in Lima rejected my enrolment, telling my parents I was “educationally subnormal and visually illiterate.” An interesting diagnosis based on 15 minutes with a 4-year-old. My mother was dismayed but Dad thought it was a lucky break. He was right. I attended a local school and then a German Montessori school, along the way acquiring an ear for languages and absorbing Latino culture.

We returned to Ireland when I was six - not back to Hillsborough but to Dublin, closer to Mum’s whānau, and further away from The Troubles in the north of Ireland.

I took from those formative years my mother’s mantra that “you make your own luck”. I read luck as choice in the response to life events. At seventeen I made one small, but lasting, choice, changing my name by deed poll to Aedeen Boadita-Cormican, because Cormican was not my legal surname.

I studied law at Trinity College Dublin. I had applied not expecting I would be accepted. Suddenly, there I was, with full blown imposter syndrome – feeling totally

University Regent house on Parliament square in Trinity College

11

With exams done, and dinners consumed, I was called to the bar in 1990. That same year my Kiwi boyfriend and I got married and I visited New Zealand for the first time.

The final stage of qualification as a barrister in England is pupillage. Most pupillages were unpaid but some chambers offered awards. I couldn’t afford to self-fund a pupillage so I decided to take time to save and learn the lie of the land before applying. I returned to my love of public international law, working at the British Institute of International and Comparative Law for a year.

Aedeen at Cambridge

intimidated by my smart, confident classmates. With great encouragement from tutors, I kept going.

My lecturers included the extraordinary Mary Robinson and Mary McAleese - working mothers, superb lawyers, and great leaders. Mary Robinson later became the first woman President of Ireland and was succeeded as President by Mary McAleese. They showed where equal opportunity can lead in our profession. I have never lost sight of that vision.

I secured a funded pupillage at 3 Essex Court. It was another world. Essex Court is part way down the cobble-stoned Middle Temple Lane. The clerks referred to barristers as “Sir” and “Miss” but this seeming deference belied their power to make or break a career.

Those were the days when wigs and gowns were required for most hearings, suits had to be black or navy blue (and most definitely not brown), and women were required to wear skirts, not trousers. There were traditions about what the type of court attire a barrister could wear when walking from chambers to the Royal Courts, depending on which Inn of Court they were walking from. I had a lot to learn.

While an undergraduate, I travelled and worked in the USA in the holidays. I got my first paid law job in Boston USA. Like a character in a 1980s song, “I was working as a waitress in a cocktail bar when I met… [a customer who offered me a job as a law clerk]” (hmmm, not that catchy a tune!). I had also been to the USA as part of the Ireland team in the Jessup Public International Law moot a couple of times. I was thrilled by the USA and considered postgraduate study there but when I was offered a place to do the LLM at Cambridge University in England I chose that opportunity.

Cambridge was a major interchange on the life highway - a wonderful year learning and meeting people from all over the world, which gave me new-found confidence.

I wanted the challenge of a big pool and decided to qualify in England. With the help of a bank loan and an award from Gray’s Inn, I enrolled in the Bar Vocational Course in London.

A sign of those times is that the Advocacy module of the Bar Vocational Course encouraged received pronunciation, the so-called ‘standard’ English pronunciation. This seemed to me to be ironing out rather than celebrating difference but, with that exception, I found the course practical and enjoyable.

The process leading to admission required dining at your Inn – a form of networking, although nobody used that term then. I teamed up with fellow students at Gray’s Inn to eat our way to admission. The food was, well, English, but it was a great way to connect with others also encountering the edifice of the English bar for the first time.

12

Middle Temple Lane

My first pupil mistress impressively juggled a busy practice and family and helped me believe this was possible at the bar. I worked on a bailment case with her, heard at the High Court sitting in Newcastle. This was unusual work for chambers which specialised in dry shipping work involving arbitrations and senior court hearings. The American clients had a friend who drove us around in a Rolls Royce with white furry seats and offered to translate the English spoken by the locals.

There was little knockabout court-work for pupils, but much to learn from smart commercial lawyers like my next pupil master, who had moved from South Africa to England to study law and went on to become a QC, a Judge of the High Court and a Court of Appeal Judge.

On Day 1, he insisted on learning how to pronounce my name correctly. Nobody had done that for me before.

My pupil-master believed, more than I did myself, that I had a future at the bar. When chambers didn’t offer me a tenancy, he encouraged me to apply to

OCTOBER 2024

other chambers. A salaried job as a solicitor beckoned and the financial uncertainty of the junior bar was daunting. This was a potential turning point. Without his encouragement I wouldn’t have persevered.

I was interviewed for a potential tenancy at chambers where there were no women barristers. Searching for a common interest to discuss with a kid from Dublin, my interviewers hit on cricket, mentioned on my CV because I had played (badly, but with great enthusiasm) at school and university. The conversation flowed, and I was in! I sometimes reflect on the randomness of this, and on the ripple effect when one person gets to demystify the ‘otherness’ they represent.

Chambers was at 1 Crown Office Row with an ‘annex’ on Middle Temple Lane where most of the juniors were located, a short trip across the cobblestones to the Middle Temple bar and library – equally popular destinations. I had yet to appear in court on my own and, with the unenviable job of marketing my inexperience while also trying to pronounce my name, my clerk suggested I use my married name: “Why not Lawson Miss? Lawson’s a nice name - and so much easier!” I metaphorically raised my NO sign.

I spent a whole weekend preparing for my first hearing – a simple List appearance. Heart racing, I stuttered my over-rehearsed lines in a court-room full of other barristers, imagining them critiquing my efforts when they were probably just reading their own notes. I was convinced I had chosen the wrong career – there was no way this amount of stress was sustainable.

I pressed on. Briefs arrived tied with a ribbon and marked with the fee set by the clerk. For fifty quid I could appear before a District Judge; double that for a small interlocutory; a substantial brief fee with daily refreshers for a civil trial. With each appearance the nerves lessened and my skills grew.

I went over the road to the Royal Courts of Justice for High Court matters and travelled the length and breadth of England by train, appearing in the County Courts, magistrates’ courts, and at inquests. I made mistakes that still make me cringe - but I learned. I even appeared before the Privy Council occasionally nano-appearances requiring no greater skill than the ability to robe correctly and bow. Access was gained simply by showing the brief to the policeman at the gate to Downing Street. How times have changed.

By 1995, the Bar Council in England was actively supporting diversity and inclusion. I had been volunteered as our chambers Equality Officer and worked on initiatives to broaden access to the bar. But there was no standard for parental leave when our first child was born in 1995 so I negotiated a three-month rent break. My husband was working for a law firm in the city and the prospect of parenting while maintaining two busy legal practices was not attractive. On a whim, my husband applied for and was offered a job in

OCTOBER 2024

Aedeen’s husband kayaking near the Kuwait Towers

Kuwait. We decided to give it a go – just for a year….

Chambers agreed to a sabbatical, I hired a nanny and briefly returned to work at the end of my rent break, to tie up loose ends.

Kuwait was another major interchange. Our planned one year there became thirteen. I took up a legal role at Kuwait Petroleum Corporation in the office of the Chief Financial Officer, who was also Kuwait’s Governor at OPEC. An intelligent woman, reputed to have a low tolerance for fools, she was devoted to her career, challenging stereotypes about the role of women in the Middle East.

My first job was to work on discovery and expert evidence, and liaise with London lawyers on an English High Court case – all well within my comfort zone.

When that work finished, I was asked to assist with a European cross-border M&A transaction, the first of its kind. External law firms were leading the work but my professional learning curve was a near-vertical wall

Royal Courts of Justice

13

By 2019 I felt it was ‘now or never’ to give the bar another go. I booked the Stepping Up Course and, keen for another challenge in the meantime, started a short secondment as Acting Treasury Solicitor. The COVID-19 pandemic led to my secondment being extended. I enjoy challenge, but this was next level, involving seemingly relentless, rapidly developing, and novel workstreams. I am humbled by the incredible work done at the time by unsung heroes in the public service, many of them in my teams.

After almost a year at Treasury I returned to ACC briefly before moving to the bar. I also qualified as a chartered member of the NZ Institute of Directors to add another string to my bow.

Girls outside oil sector complex, 2006

that I needed a full set of suction cups to climb. Further corporate transactions followed, and I was lucky also to work on international gas sales agreements, double taxation agreements, OPEC procedures, and a London commercial property purchase, to mention just a few.

Meanwhile our young family was growing. I attempted to negotiate a part-time contract to have more time to be the mother I wanted to be to our young children.

When I was told part-time was not an option, I resigned. Some months later the CFO asked me to come back… part-time, of course.

We enjoyed our time in Kuwait – the people, the culture, the language, travel opportunities, work-life balance. Of course, like anywhere, it was not without its challenges, and we did not see our future there as a family. We decided to move to New Zealand, and did so in late 2008.

To be admitted in New Zealand I needed to pass the New Zealand Law and Practice examinations. I got back to swotting like an undergrad and was admitted in New Zealand in 2010. A lucky break gave me a fixed term role at Crown Law which, in turn, led to a secondment to Maritime New Zealand. Then, Crown Law offered me a role on the team supporting the government’s participation in the Royal Commission on the Pike River Mine Tragedy. The role was quite junior, but I could see the potential to learn. I had been deeply moved by the Pike River Mine tragedy and was keen to play my part.

It is one of the great privileges of my working life to have been involved in that work.

I loved my time at Crown Law but, by 2015, I was ready for another challenge. I found it at ACC, in the newly created role of General Counsel and Company Secretary.

This was another steep learning curve for me. Beyond accident compensation law issues, litigation and reviews, the legal team supported the investment function, the levy-setting process, as well as injury prevention, property, procurement, IT and contracting functions, and a major project to transform case management.

14

The New Zealand bar is a happy place for me. I have had a wonderfully varied range of legal work so far, thoroughly enjoy governance and have the flexibility to give time to other interests.

Looking back, it strikes me how much I owe much to the encouragement of others, only some of whom are mentioned here. As for the future - I can only say I still love a challenge and my fear of missing out always trumps my fear of failure.

Perhaps there will be more adventures.

Aedeen is a barrister who practices at Clifton Chambers in Wellington.

She has over 30 years legal experience and practises in both public and civil/commercial litigation.

Aedeen is also a member of the Bar Association's Advocacy, and Diversity and Inclusion Committees.

If you want to share your journey to the bar, please contact us: https://www.nzbar.org.nz/contact-nzba.

NZ Admission 2010 (from left) Jane Meares (moving counsel), Aedeen, Hon Justice Denis Clifford, John Lawson (Aedeen’s husband), Aedeen and John’s children in the background.

OCTOBER 2024

Access to Justice Jacqui Thompson*

One of the highlights of the Trans-Tasman Conference was the gala dinner at which the LexisNexis/ New Zealand Bar Association | Ngā Ahorangi Motuhake oTe Ture Access to Justice Award was presented.

In 2022 we launched the inaugural LexisNexis/New Zealand Bar Association | Ngā Ahorangi Motuhake o Te Ture Access to Justice Award. The winner of that first Award, Frances Joychild KC, had the pleasure of presenting the 2024 Award to our third winner, Annette Te Imaima Sykes (Te Arawa, Ngāti Makino, Ngāti Pikiao).

This Award was born out of discussions with community stakeholders and those whose practices included significant legal aid, pro bono, low bono and alternative fee-charging components. Many felt they were not recognised for the vital work that they undertook. We wanted to say thank you and make it clear that the independent bar appreciates their contributions.

We were aware that LexisNexis NZ Ltd was committed to the rule of law and had become involved globally in several projects that demonstrated that commitment. In the UK, the company already sponsored an Access to Justice Award. They were the ideal partner to co-sponsor this Award.

The Award recognises a New Zealander (or qualifying New Zealand resident) who has made an outstanding contribution to the promotion of access to justice (i.e., to improving fair and equal access to justice for individuals and/or communities). This may be through advocacy, leadership and/or influence.

This year, all the candidates had demonstrated a strong commitment to access to justice and/or pro bono activities. The judges were highly impressed by the number of nominees and the depth and breadth of their work to benefit access to justice in Aotearoa New Zealand.

Annette Sykes’ career is a leading example of this work.

The judges noted that Annette has fought for the rights of the poor, marginalised and disempowered for (literally) decades. In particular, she has been a

OCTOBER 2024

powerful and important voice for iwi, hapu and whanau who have suffered the injustices of colonisation. Her commitment to social justice through advocacy in the criminal and civil courts and the Waitangi Tribunal is exceptional, as is Annette’s contribution to the development of junior lawyers, especially Māori lawyers, who help with her efforts to provide access to justice to those who most need it in our society.

Annette has been well ahead of others in arguing for the rightful place of Te Reo Māori in the Courts, and tikanga Māori in the law of this country. She is highly respected for her forensic skills as an advocate. She shows the way for others to emulate her ability as a lawyer and the focus to which she aims her skills at social justice.

The Award judges described Annette as a living legend as a social lawyer and in their opinion, her contribution to access to justice, deserves recognition.

We were very honoured that Annette and Te Ringahuia Hata joined us at the 2024 Award Dinner at our Conference in Queenstown. Natalie Coates gave a mihi, and Frances Joychild KC presented the Award to Annette, who then led the audience in a waiata: Pōkarekare Ana. The NZBA would also like to thank our co-sponsor, LexisNexis. From the very first discussion about establishing the Award, LexisNexis was keen to be involved and has continued to support this mahi at all times.

Finally, thank you to all of the applicants. It is heartening to see the work that goes towards enabling those who cannot afford representation to access legal help in some form. It may be a cliché but it is nonethe-less true; you are all winners.

If you have any comments or questions about the Award, please feel free to contact us. Our contact details are on our website.

15

Award Pictures

Inaugural Access to Justice winner Frances Joychild KC

Natalie Coates

Vicki Momberg from Sponsor LexisNexis NZ Ltd

2024 Access to Justice Award Winner Annette Sykes

Te Ringahuia Hata, Vicki Mormberg, Annette Sykes, Frances Joychild KC, Karen Feint KC, Natalie Coates and Kellie Arthur lead the singing of Pōkarekare Ana

The audience joins in.

16

OCTOBER 2024

Kōrero: Bar News Bank Chambers Rhiannon Stannard has started practising as barrister sole specialising in family law at Bank Chambers New Plymouth.

Her career has included working as a clerk for Auckland-based boutique construction law practice Adina Thorn Lawyers, before returning to her home in Taranaki as family and employment lawyer for Taranaki firm Till Henderson Lawyers, and as an associate at Govett Quilliam, New Plymouth.

Her practice includes working with clients with childcare, contact and guardianship disputes, relationship property matters (including separation and protection of assets), estate and trusts litigation, paternity matters, family violence disputes and appeals. Rhiannon is an approved lawyer for child and lead legal aid provider. She is a confident court advocate with experience in the Family and District Courts, the High Court, and the Court of Appeal.

In her spare time Rhiannon volunteers as a board member for Taranaki Women's Refuge, and is a council member of the Taranaki Branch of the Law Society, and at Citizens Advice Bureau.

Bankside Chambers

New members

Earlier this year we were delighted to announce Matanuku Mahuika and Tiana Epati joined Bankside– a rare occurrence of a husband and wife duo joining chambers, each running their own practice.

Tiana undertakes regulatory advice and proceedings for Crown entities and private clients, including inquiry work and civil work, particularly in the Māori commercial field. She has recently served as President of the NZLS and is the first Pasifika, and one of the youngest, people to do so. Tiana is a member of the Serious Fraud Office Prosecution Panel and Crown Solicitors Panel.

Matanuku is a leading Māori lawyer who has presented arguments as counsel in five Supreme Court hearings in the last three years alone. He has been appointed to several public reviews including Chair of the Ministerial Panel to review the Te Ture Whenua Māori Act 1993, and was chosen by the Prime Minister, to review the

OCTOBER 2024

Intelligence and Security Act 2017, alongside former Supreme Court Judge Sir Terence Arnold KC. In July, Josh Suyker and Nic Lawrence became barristers sole and members of chambers. Josh Suyker works on a wide range of commercial disputes, including insolvency litigation, regulatory investigations, and contractual disputes. After working at the Office of Human Rights Proceedings, Josh joined Bankside in July 2021 as an Employed Barrister for Sam Lowery.

Nic Lawrence became a senior associate in Wynn Williams’ dispute resolution team in 2019. Since 2020 he has juniored for Bob Hollyman KC at Shortland Chambers and Jeremy Johnson at Bankside. Nic's areas of practice include contract and commercial disputes, financial and securities law, relationship property, trusts and estate disputes, insolvency law, property disputes and judicial review.

In June, Kelly Quinn was one of 18 barristers sole to be appointed King's Counsel. With a legal career spanning 30 years, Kelly is one of New Zealand’s leading construction law specialists. Kelly has been appointed as arbitrator on domestic and international disputes, and as an expert for the purposes of expert determination. In 2022 he was awarded the Sir Ronald Davison Prize for excellence in award writing in the AMINZ Fellowship examination. Learn more.

Peter Watts KC is the first New Zealander to have graduated with a Doctor of Civil Law, earned by examination, rather than received as honorary. The higher doctorate was awarded by the University of Oxford in recognition of Peter’s excellence in academic scholarship, and based on the assessment of 12 of his publications on the law of agency written over 20 years.

Bankside Singapore is delighted to announce its expansion with Member Andrew Grant and Associate Members Robert Heath KC and Sally Trafford.

Bankside Singapore now has 15 expert barristers, arbitrators, and mediators who are available for

17

appropriate engagements in Singapore and the surrounding region. Learn more at bankside.co.nz/singapore.

a civil legal aid provider. She also serves as a panel member of the Human Rights Review Tribunal, Taraipiunara Mana Tangata.

Kate Sheppard Chambers

Abigail van Echten began her career at Crown Law, before prosecuting at Luke Cunningham Clere. She has argued appeals and was lead or sole counsel prosecuting jury and Judge-alone trials involving gun violence, sexual violence, drugs and fraud. She advises and appears on disciplinary matters, health and safety proceedings and other regulatory matters.

Abigail has a particular interest in the Coroners Court and is currently appointed as Counsel Assisting the Court in relation to the Masjidain (Mosque) Inquiry.

Kate Sheppard Chambers welcomes several new members.

Marianne Mackintosh (LLB, LLM, MPhil (Nottingham University) admitted in 2000) recently joined Kate Sheppard Chambers. Marianne specialises in environmental and resource management law. She commenced practice at Chen Palmer in Wellington before taking up a posting as an academic in Wales.

After returning to New Zealand, she joined Tompkins Wake as a solicitor in 2006 and resigned from the Partnership to join the Bar in 2022.

Sarah Ongley, admitted September 1993, commenced her career in Wellington firms DLA Piper and Chapman Tripp. Specialising in environmental and local government law, she moved to the Ministry for the Environment in 1999, working on significant resource management reform and leading a team of solicitors providing advice on the Climate Change Response Act 2002.

She has worked as in house counsel and as a consultant. Sarah joined Bank Chambers with Susan Hughes KC and (now Judges) Keryn Broughton and Turitea Bolstad.

Still based in New Plymouth, Sarah’s practice is primarily in the areas of environmental and local government law, and she regularly appears before the Environment Court. She is an accredited RMA Hearings Commissioner for local authority hearings and a Ministerial-appointed Freshwater Commissioner as well as a Trustee of the New Zealand Native Forest Restoration Trust.

Ella Tait specialises in employment and human rights law. She has particular experience working in sensitive subject areas including discrimination, interference with privacy, sexual harassment, and abuse. Ella has previously held specialist employment law, litigation and investigative roles in both private practice and the public sector. Most recently before joining the independent bar in 2023, she held senior roles at the Royal Commission of Inquiry into Abuse in Care, the Office of the Privacy Commissioner, and the Office of Human Rights Proceedings. Ella is

18

Abigail is based in Te Whanganui-a-Tara | Wellington, but accepts instructions nationwide and regularly appears in courts throughout Aotearoa.

Mills Lane Chambers Simon Cogan (admitted October 2001) has moved from Quay Chambers to Mills Lane Chambers. He specialises in commercial litigation, fraud and financial crime, criminal proceeds, and extradition.

David Friar has joined Mills Lane Chambers. David’s practice incorporates a broad range of commercial disputes, including class actions, insurance litigation, property disputes, directors duties, and corporate and insolvency disputes.

Before moving to the bar, David was a litigation partner at Bell Gully for 11 years, including a number of years as head of the litigation department. Prior to that, David was an associate in the litigation department of Paul Weiss in New York for six years, and he began his career at Kensington Swan in Wellington. He has an LLM from Columbia University, where he was a Fulbright Scholar and a James Kent Scholar.

Jacob Parry (admitted October 2009) has joined Mills Lane Chambers from Meredith Connell where he was a partner in the regulatory group. He specialises in regulatory and criminal litigation.

After beginning his career with Ford Sumner, he worked from 2013 to 2016 at the UK Government Legal Department in London and joined Meredith Connell upon returning to New Zealand in November 2016.

OCTOBER 2024

109 Chambers NZBA members Martin Dillon, Kaleb Whyte and Danielle Young have formed 109 Chambers along with Hayley Carson and Bolivia Newton. They welcome incoming members Kerry Hadaway and Jonathan Myers. A new chambers with a predominantly criminal focus directly overlooking the Hamilton District and High Courts on Anglesea Street, Hamilton.

Quay Chambers Belinda Johns has joined Quay Chambers. Belinda is a respected medical law specialist. She has spent most of her 25-year legal career honing her expertise in our unique health care sector, appearing regularly before specialist tribunals and courts throughout New Zealand.

She prosecutes and defends health professionals before the Health Practitioners Disciplinary Tribunal. She routinely appears in the High Court, at coronial inquests and before the Human Rights Review Tribunal.

Richmond Chambers Nick Malarao has joined Richmond Chambers. Nick has extensive litigation experience across civil, commercial, tax and regulatory disputes, with particular expertise in company and insolvency law. He has argued a number of the leading cases in the area of directors’ duties, including the Debut Homes matter before the Supreme Court.

Nick joined the independent bar in July 2024. Prior to this, he was a senior commercial litigation partner

at Meredith Connell, having joined the firm in 2000 and becoming a partner in 2010. In 2018, he served as a member of the government’s Tax Working Group, chaired by Sir Michael Cullen.

Shortland Chambers In June 2024, Samantha (Sam) Wilson joined Shortland Chambers.

Sam is an experienced litigator who acts in a wide variety of family and civil matters, with particular experience and interest in relationship property and trust disputes. Prior to joining Shortland Chambers, Sam was an employed barrister to Vivienne Crawshaw KC and, before that, practised for a number of years at a commercial litigation and arbitration firm in London.

In late June, the Attorney General announced the appointment of new King’s Counsel, including three members of Shortland Chambers, Robert Stewart KC, Sarah Armstrong KC and Nura Taefi KC. In July 2024, the members congratulated Greg Blanchard KC’s appointment as a Judge of the High Court. Justice Blanchard took up his appointment on Monday 1 July 2024 and sits in Auckland.

In August 2024, the members welcomed Vivienne Crawshaw KC who joined Shortland Chambers.

Vivienne is an experienced family law specialist who has appeared in a number of leading Family Law cases in the Court of Appeal and Supreme Court. Vivienne’s practice varies from complex relationship property cases, trust law, estate litigation, to children’s cases including international and national relocations.

Upcoming Events Our events calendar is packed for the upcoming months. Below, you’ll find details on two highlighted events.

File Republic Productivity: Update on Court bundling 15 October 2024 (CPD 1 hr) Online

Oral Submissions Masterclass for civil practitioners 9 am - 4.30 pm, 22 November 2024 (CPD 6.5 hrs) In person

BundlePro has changed its name to File Republic Productivity. Susan Kratzer (General Manager) will present an updated webinar that will take you through creating a bundle, and demonstrate new features that have since been developed - including a new Discovery Index.

Following the success of our Oral Submissions Masterclass for criminal law practitioners, we are now offering a Masterclass tailored for civil law professionals with over five years of experience.

The productivity platform was developed with collaboration with a NZ barrister, to ensure that it complies with the New Zealand Senior Courts Electronic Bundling Protocols and Electronic Discovery Bundling Guidelines.

This event provides a unique opportunity to practice and learn in a supportive and collegial setting. To ensure an optimal learning experience, class sizes are limited.

Participants will be divided into participants and attendees, with both groups actively engaging throughout the day.

This webinar is free to NZBA members. File Republic also offers a discount to members.

For further details, please visit our website at www.nzbar.org.nz/events.

OCTOBER 2024

19

Dispatch from the NZBA Advocacy Committee Tiho Mijatov and Yvonne Mortimer Wang*

We are pleased to report on some of the work of the Advocacy Committee.

The essential role of a committee of the New Zealand Bar Association like the Advocacy Committee is to assist the NZBA Council to carry out its functions. Our Committee is available to advise the Council on a range of matters relating to the administration of justice, to reform of legal procedures, to the rule of law, and to access to justice.

This work includes identifying and drafting responses to governmental law reform proposals, assisting as required in intervention in court cases, and working with a range of people on practical initiatives outside of formal legislative and adjudicative processes.

One such initiative relates to legal aid. Our committee is seeking to encourage the Legal Services Commissioner to simplify and streamline the civil legal aid application and allocation processes. We are looking at why the various requirements for taking on legal aid are in place (when such requirements do not exist for private instructions), and if some or all of them can continue to be justified today. We are looking at how the application form could be reimagined and improved.

We would welcome practical feedbacks from NZBA members with examples of their own experiences with the legal aid application process – please get in touch.

Our Committee expects to work together with other NZBA Committees where appropriate. Depending on the issue and the expertise that is required, we might work with the Criminal Committee, Te Ao Māori Komiti and others. We are also open to working with other organisations or stakeholders.

We are pleased to say one such example is a prisoner rights workshop. We are developing this new initiative with our colleagues at the Criminal Bar Association (CBA). The idea is for our two organisations to facilitate their public and criminal defence members combining forces.

The idea of the initiative is to have the NZBA and CBA facilitate the connecting up of public lawyers and criminal defence lawyers, who can then jointly run human rights cases affecting prisoner rights.

placed to help. Public lawyers can help defence lawyers take the necessary preparatory steps for a public law challenge and articulate the grounds of challenge; while defence lawyers can help public lawyers by bringing human rights violations to their attention in the context of a vulnerable prisoner population.

With the CBA, we are organised an initial information session, which will was held in person in Wellington on 17 September at Stout Street Chambers. We were very happy with the response. Together with the CBA, we hope to deliver more of these in other centres in future.

We are fortunate to have a lively Committee made up of Gurbrinder Singh Aulakh, John Billington KC, Aedeen Boadita-Cormican, Dr Petra Butler, Victoria Casey KC, Christopher Corry, Paul David KC, Maria Dew KC, Alison Douglass, Toby Gee, Michael McKay, Warren Pyke, Craig Tuck, Monique van Alphen Fyfe, Alan Webb and Garry Williams KC. We would like to thank the Committee members who volunteer their time, energy and wisdom to the work of the Committee.

Tiho Mijatov and Yvonne Mortimer-Wang Co-chairs, Advocacy Committee * Tiho Mijatov is a barrister at Stout Street Chambers and has experience in both civil litigation and criminal law. He regularly appears in courts and tribunals around New Zealand in a wide range of pre-trial matters, trials, appeals, and other hearings. Tiho often undertakes judicial review work on a wide range of public law matters including in the fields of human rights and prisoner rights.

Yvonne Mortimer-Wang is a barrister at Britomart Chambers. She is an experienced criminal and civil litigator who acts in a wide variety of proceedings, disputes and investigations with particular expertise in commercial crime, civil fraud litigation, proceeds of crime, regulatory prosecutions and professional disciplinary proceedings.

The proposal is based on the understanding that while there is no shortage of a willingness by both public lawyers and criminal defence lawyers to use the law to protect prisoners’ human rights, there is a knowledge gap between the two groups of lawyers who are best

20

OCTOBER 2024

Assessing the Value of Lawyers Jacqui Thompson*

The International Bar Association has released its long-awaited report measuring the socioeconomic impact of the legal profession globally. The report concludes that the profession contributes 1.7 per cent of the world’s GDP, and its social impacts are significant.

The direct economic impact of the legal profession has been measured at US$1.6tn, or 1.7% of the world’s GDP). This finding comes from the International Bar Association's Impact project, which in June 2024 released its report on the social and economic impact of the legal profession (the Report).

The IBA was established in 1947, shortly after the creation of the United Nations. Its mission was that an organisation comprising the world's bar associations could contribute to global stability and peace through the administration of justice. In the ensuing 77 years since its creation, the membership has grown to comprise more than 80,000 individual international lawyers from most of the world’s leading law firms and some 190 bar associations (including the New Zealand Bar Association | Ngā Ahorangi Motuhake o Te Ture (NZBA)) and law societies, spanning more than 170 countries.

The Findings The IBA commissioned the report to increase the general public's understanding of the rule of law, the role of lawyers, and the legal profession's social and economic contribution to society. IBA President Almudena Arpón de Mendívil says that “[w]e now have the big data to address – and we must do so – the gap between the scale of the positive impact the profession has and the sometimes negative public perception about the role that lawyers play in society.1 While 78% of the profession believes that lawyers have a positive impact, only 54% of the general population agrees.

The primary purpose of addressing that gap is not part of a "be kind to lawyers" campaign. In Ms Arpón de Mendívil's view, it is a call to action for the profession to “educate the public about the Rule of Law, increasing awareness of its importance and its significant benefits, as well as denouncing examples of lawlessness”.2 The Report identified the following social and economic impacts: 1. Economic Contribution: As noted above, the legal profession contributes 1.7% of the global GDP or US$1.6tn. North America and Europe dominate legal services, accounting for 80% of the market.

2. Employment: The profession employs over 20 million lawyers, paralegals, and support staff, with an additional 14 million workers in related sectors (e.g. notaries and translators).

OCTOBER 2024

3. Rule of Law: Countries with a strong rule of law benefit more socio-economically from the legal profession, including better healthcare, increased investment, improved gender equity, and higher innovation levels. An independent legal profession can hold the government accountable.

4. Access to Justice: Improved access to legal representation can reduce inequality by 5% and decrease cases of governmental overreach by 25%.

5. Social Impact: A robust rule of law is associated with higher life expectancy, better education outcomes, less pollution, and greater protection of minorities.

Rule of law The precise meaning of the phrase rule of law is open to interpretation and there is no clear definition of the standards to be applied. The Report has, therefore, used the definition formulated by the former Secretary General of the United Nations, Kofi Annan, who said: “For the United Nations, the Rule of Law refers to a principle of governance in which all persons, institutions, and entities, public and private, including the state itself, are accountable to laws that are publicly promulgated, equally enforced, and independently adjudicated, and which are consistent with international human rights norms and standards. It requires, as well, measures to ensure adherence to the principles of supremacy of law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness and procedural and legal transparency”.

The Report found that the functioning of society depends heavily on the day-to-day work of legal professionals. Yet the Report also frankly acknowledges the challenges and threats to the rule of law globally.

Strong adherence is available for only a minority of the world’s population.3 The research demonstrates the impact of a strong rule of law. Countries with an independent legal profession can hold governments accountable, attract more investment, provide better healthcare, and improve gender equity.

21

The Report says that a robust rule of law can help countries to achieve greater socio-economic inputs, including: • A higher life expectancy.

• 30% more girls completing secondary education.

• 53% less pollution.

• 34 million fewer youths that do not engage in education, employment or training; and greater protection of minorities, including LGBTQI+ communities.

• A reduction in informal employment by $34m globally through improvements in access to justice.

The World Bank has also found the correlation between the rule of law and the GDP per capita to be persuasive.4 The Report notes, "A one point increase in the Rule of Law Index brings an 0.82% increase in GDP. By building and maintaining the rule of law, legal professionals help create the foundations for economic growth.”5 Call to action Having gathered the data, what do we do with it? The IBA intends to focus on several areas of improvement required to preserve and strengthen the impact of the legal profession. These include: • Ongoing initiatives to promote equality, diversity and well-being in the legal profession: enhancing access to legal representation and research and awareness about lowering barriers to access. The IBA will do this in collaboration with international institutions, including the World Bank and the United Nations.

• Advocacy and support for policy-making: the IBA will continue to issue public statements condemning state actions that undermine the rule of law; build and disseminate research, guidelines, best practices and legal advice on issues such as human rights violations (mainly through the work of the IBA's Human Rights Institute), media freedom, modern slavery, arbitration and artificial intelligence (AI) regulation, as well as continuing crucial work addressing the abolition of criminal punishment for LGBTQI+.

• Education and communication: the IBA “will redouble efforts in these areas”, by providing educational programmes for young lawyers, technical assistance to legal practitioners and institutions or materials to broaden public awareness of the rule of law.

• Ethics stewardship: the IBA will reinforce guidelines and best practices to help legal professionals uphold the highest possible ethical standards.

What is our role in Aotearoa New Zealand?

“This study underlines the need for law societies, bar associations, law firms, law departments and other professional stakeholders to work collectively to uphold the Rule of Law. It is an important step in gaining a better understanding of the profession’s social and economic impact, the factors that drive it, and potential ways to improve it.” 6 Almudena Arpón de Mendívil, IBA President The IBA recently met to present the Report to members. Those in attendance included members from Australia, India, Hong Kong, Cambodia, Maldives, Japan, Kazazhstan and elsewhere. Tiho Mijatov, an NZBA Council member, co-chair of our Advocacy Committee, and our IBA representative, attended on behalf of the NZBA. The NZBA has thanked the IBA for preparing and publishing its Report. It is evident that many of the issues about access to justice and the rule of law in Aotearoa New Zealand are held in common with other justice systems, from the availability of legal aid, to the need for civic education about the institutions of the justice system, to threats to the independence of the judiciary. Perhaps the most frightening threat is what Almudena Arpón de Mendívil described as the "... subtle attrition in many countries with democratic governments."

The IBA encourages its members to circulate the findings of the Report among lawyers, legal organisations, and policy-makers. The NZBA welcomes the Report as an empirical, research-based assessment of the impact of lawyers – including the independent bar – on the rule of law.

If members have any comments to make about the Impact Report or suggestions as to how we can contribute to strengthening the rule of law, please email us. * Jacqui Thompson LLB (Hons) Executive Director | Kaiwhakahaere matua New Zealand Bar Association | Ngā Ahorangi Motuhake o Te Ture

REFERENCES https://www.ibanet.org/Impact-Project https://www.ibanet.org/Economic-impact-of-the-legal-profession-valued-at-$1.6tn-states-new-IBA-study 3 The IBA Report on the Social and Economic Impact of the Legal Profession (2024) p7 4 Above p 16 5 Above p 98 6 https://www.ibanet.org/Economic-impact-of-the-legal-profession-valued-at-$1.6tn-states-new-IBA-study 1 2

22

OCTOBER 2024

Tempered Radicals at the Bar What impact can barristers have beyond the courtroom?

Diane Duggan BL* Can barristers be instrumental in bringing about change to society’s problems? In this article (previously published in the April 2024 issue of The Bar Review – the professional journal of The Bar of Ireland.) Dianne Duggan explores how the bar as a collective can drive innovative solutions.

What value can barristers bring to social change? As legal practitioners, can we, and should we, examine the impact of our work beyond the simple tally of court judgments? In this article, I propose to look at the question through the lens of sociology and management theory, and by reference to a recent change in the law brought about by a collaborative effort of pro bono barristers, an NGO and politicians.

‘Tempered radicals’ is a concept coined in 1995 by two management academics named Meyerson and Scully.2 They produced a seminal paper about individuals who face particular challenges and opportunities within organisations where the culture of the organisation and their own unique backgrounds gives them a form of dual identity. This ‘outsider within’ status allows them to identify and utilise opportunities for progressive change. The paper was written at a time when higher ranking representation from less typical groups (such as women and ethnic minorities) became more prevalent across industries, and it applies today just as much to the Bar as anywhere else.

‘Institutional work’ is an area of research found within sociology and management scholarship, which looks at human activity and its impact on systems or institutions.

OCTOBER 2024

The concept of ‘institutional work’ can be a useful lens through which to consider the question of social change. Institutional work is defined as “the purposive action of individuals and organisations aimed at creating, maintaining and disrupting institutions”.3 It is an area of research found within sociology and management scholarship, which looks at human activity and its impact on systems or institutions. The case study in question here involved cross-sectoral input of NGOs, politicians, and a pivotal role by barristers.

The case study The case study In 2011, the Ana Liffey Drug Project announced a new strategy to address the problem of drug addiction in Dublin. They, along with Merchants Quay and other addiction charities, advocated for the implementation of medically supervised injection facilities (SIFs) in Ireland. They believed that a health-led approach to drug addiction would succeed where decades of punitive interventions had failed.

A central and radical part of their proposal involved the supervised injection of controlled drugs, the mere possession of which was a criminal offence. Ana Liffey approached the Bar’s pro bono scheme, the Voluntary Assistance Scheme (VAS) in 2014, whereupon a legislative drafting group was formed of junior and senior counsel with expertise in medical law, criminal law, licensing and legislative drafting. Over the course of a year, a stand-alone piece of legislation was drafted and presented to the then drugs Minister Aodhán

23

Ó Riordáin in June 2015. By December 2015, the proposal was approved by cabinet and in May 2017, the President signed it into law. It was subsequent to this that resistance to the social change emerged, in the form of objections from a local primary school, which challenged the grant of planning permission for the initial SIF at Merchants Quay. From an institutional work perspective, an interesting dilemma arose: where does the greater social value lie when the interests of two societal groups conflict? Was it with the primary school or the people experiencing drug addiction? The question to be determined by the High Court, however, was not engaged with social value – it simply related to the technical aspects of planning laws and judicial review processes (of course more detailed analysis could examine the social value principles that underpin planning laws – if constitutional rights were at stake, this might have been otherwise). As it was, the matter was remitted to An Bord Pleanála and permission was ultimately granted. It is hoped that the first SIF will finally open later in 2024. The case study that was conducted involved interviews with NGO personnel, former civil servants, every drugs minister from 2011 to 2020, and barristers who drafted the legislation.

Media reports, Dáil debates and court judgments were examined. Qualitative analysis of these datasets elicited very interesting findings, particularly for the Bar.

Changing the law

Certain laws may have little or no effect on society at a broad level, but those that do can provide a fascinating study.

Activism is a term that frequently springs to mind when considering social change. In institutional work, those involved in creating or disrupting institutions are considered to be ‘activists’; thus, organisations such as NGOs would be described as activists. It is a term that has had use in legal scholarship and it can have important implications both for the judiciary and for legal practitioners. ‘Judicial activism’ can be a loaded term with multiple meanings, from tendencies to deviate from precedent to more bold assertions that personal preferences and policy positions of judges come into play.

All interviewees pointed to the exceptionally persuasive arguments made by Ana Liffey. Their position was well researched and evidence based, even ultimately convincing reluctant civil servants. More than their argument, however, was the manner in which they networked, quietly persuading numerous politicians at every level of the validity of their cause, over a sustained period of time; they played the ‘long game’.

After 2015, when the VAS had handed over the draft legislation, numerous ministers mentioned in interview that Ana Liffey had the weight of the Bar behind it and this was pivotal. It was highly unusual to bring ready-made legislation to policy debates, but this made the argument much more straightforward.

“Having an eminent sort of entity handing you a piece of legislation that debunks a lot of the talk about it’s, you know, potentially unconstitutional or in any way problematic,” was the comment of one drugs minister.4 The legislation that passed was almost identical to that drafted by the VAS. To transform strategic policy into an Act of the Oireachtas when the policy was not contained in any programme for government was an enormous achievement for an NGO. The NGOs and politicians all pointed to the legitimating effect of the Bar, and the weight the Bar brought to this entire process in bringing about the successful change.

24

The law is not noted for its dynamism or capacity to change, although this has often been one of its strengths. For laws to be effective and durable, stability and consistency is critical. Societies are governed by laws that affect everyone’s lives. Changes in law can bring about fundamental changes to the way society operates. If laws are the rules that society chooses to be governed by, any impetus for change is worth examining. Certain laws may have little or no effect on society at a broad level, but those that do can provide a fascinating study. If we think of legal systems as institutions, then attempts to disrupt laws or create new laws fall squarely within the domain of institutional work.

Any exercise in dissecting the processes around law and social change needs to have regard to a number of important factors. The structures of legal services and the jurisprudential doctrines of the judiciary matter.

Laws can be determined both by individual cases and broader legislative change; thus, the legislature and political motivations matter. Some aspects of these will be examined further here.

Activism and social change

Then there is the legislature. Elected representatives have a broad range of ambitions for society. Arguably, of necessity, the healthiest democracies have politicians with the widest possible range of views, where consensus or assent can sometimes lead to dangerous stagnation. Public interest groups, trade unions and sectoral representatives all strive to finesse the art of influencing politicians’ views and, ultimately, the laws that are made. US public interest lawyer Prof. Tom Stoddard wrote in 19975 that the creation of laws has at least five goals: 1. To create new rights and remedies.

2. To alter the conduct of the government.

3. To alter the conduct of citizens and private entities.

4. To express a new moral ideal or standard.

5. To change cultural attitudes and standards.

He argues that the first three are more traditional roles of law, but the last two are representative of efforts to do more with law than simply make rules; they

OCTOBER 2024

strive to bring about social change. Many examples of such social changes came about in the 1950s, 60s and 70s in both the US and Ireland. Stoddard points to the influence of the US civil rights movement to bring about the significant results in cases such as Brown v Board of Education6 and Roe v Wade.7 These changes emerged from the courts. However, he states that the expression of new moral ideals or change in cultural attitudes or standards tended to emerge from the legislature as opposed to the courts, and asserts that there has been no greater example of this in American law than the Civil Rights Act of 1964. He highlighted how this Act did more than introduce a new set of rules and remedies, but “the Act brought into being a whole new model of conduct that, consciously and deliberately, overturned doctrines embedded in American culture – and more widely speaking, European culture – for several centuries”.8 The need for social change will often arise before us, as practitioners, particularly in cases involving an alleged infringement of a constitutional right. Sometimes the remedy and its ensuing judgment will instigate a change in society, or alternatively, albeit rarely, prompt the legislature into action in the creation of new laws. The nuances of where, how and if such enduring change can occur is interesting.

The jurisprudential era that Stoddard refers to above was defined by champions of natural law, eschewing the legal positivism of earlier decades. The civil rights era jurisprudence struck a chord in the Irish courts – that moral standards were inherent in individuals and were not created by society or the courts (whereas earlier legal positivism located the existence and content of laws on social facts and not merits).

O’Donnell C.J.9 (writing extrajudicially on constitutional interpretation in Irish courts over the last 80 years) highlighted the parallels between the US Warren court and the Irish judgments of Walsh J. and Ó Dálaigh C.J. at that time.10 This natural law era gave rise to the development of unenumerated rights in Ireland, and ultimately gave rise to huge strides in social change and progress in Irish life. O’Donnell C.J. suggested that the narrative that emerged at this time was that the courts and indeed the judiciary were the drivers of progressive change. Whether the courts should be the drivers of social change is not clear, however, and he emphasised the need for critical examination of processes as opposed to outcomes. He cautioned that there was perhaps a need for more rigorous contemporary analysis at the time,11 but the tendency was to assess a case on its outcome as opposed to its process.

The outcomes were welcomed, but the process in hindsight raises some questions regarding subjectivity of the courts, pointing to comments made by some such as Kenny J. that the courts were akin to the legislature in their lawmaking power, but did not have to face an opposition,12 and further comments by Walsh J. that courts needed to be attuned to shifts in public opinion.13 O’Donnell C.J. posits that being

OCTOBER 2024

attuned to shifts in public opinion is the role of other organs of state and not the courts. Such comments and the jurisprudence of the time could certainly be described as judicial activism and even a form of judicial innovation, which will often be necessary. However, O’Donnell C.J.’s central theme is that such subjectivity may one day be harmful: “The monsters that might come are not simply the prospect that a court will become colonised by idealogues who will impose results which we dislike, but rather, and perhaps more dangerously, that it will come to be generally accepted in Ireland, that if there is no better guide to a court’s decision than the subjective views of the judge, then the imposition of views by a judicial decision is a permissible process”.14

The cab rank rule that requires us to not take a view and to remain objective was instrumental in bringing about hugely significant social change.

As lawyers, we are alive to where and how social change can come about. Adherence to the separation of powers and the principles of commutative and distributive justice, dictate that broader societal change will happen at legislative level, but legislative action can often be triggered by the courts. Stoddard reminds us that legislatures cannot always be trusted and judicial law making should not be ruled out entirely. Legislative law-making is not to say that lawyers cannot play an active part in such change, as the example of Ana Liffey demonstrates.

Tempered radicals Being aware of our professional obligations is central to our work. However, each barrister’s own identity and human nature will have an impact on how they work. Where each of us feature in the hierarchy of the Bar and the courts influences this. Institutional work has much to say about how critical the position and role of actors within organisations is. In many walks of life, people might work in one area but come from backgrounds or groups that are very much at odds with their work, or simply don’t overlap with their work, resulting in a form of dual identity. Meyerson and Scully’s paper regarding this concept struck a significant chord: one might feel like one doesn’t quite fit in or have the same background as others in one’s profession, but this can be a valuable asset as one navigates one’s way to more senior levels where one can have unique impact. This juxtaposition of identities can cause a certain ambivalence, but the writers emphasise that this ambivalence is a virtue and the greatest strengths of both aspects of a ‘dual identity’ can be harnessed. Effectively, individuals can bring the principles and interests of their backgrounds or ‘one identity’ into the realm of the other in order to bring about change. But by being sensitive to

25

their own working environment and their place in the hierarchy, they will have expert knowledge in how best to introduce and pitch the change. Furthermore, the ongoing long-term nature of such dual identities allows the person to develop strategies to best realise their interests and goals over time. This concept recognises the enormous value that a multiplicity of identities can bring to a process of change or evolution that organisations or institutions require in order to be sustainable. It applies to the law as much as any other institution.

process but do not drive it, nor do the courts. Thus the modern concept of ‘movement lawyering’ recognises the vital role lawyers can play in social change, but critically, they are just one part of an integrative approach, which draws on many facets of society.

The scope for lawyers to play an active role in social change remains, but it is part of a much wider picture of strategic, long-term efforts towards sustainable change. This modern concept is precisely the model we have at work in Ireland. Furthermore, it is the cab rank rule that enhances the effectiveness of this model.

Activism and lawyers

The Ana Liffey case study is an example of how the independent referral Bar, of all the groups involved in bringing about the change, had the greatest degree of detachment, and this ultimately served to enhance the status of the Bar’s involvement. The cab rank rule that requires us to not take a view and to remain objective was instrumental in bringing about hugely significant social change. The concept of tempered radicals described earlier illustrates a tension that can exist for those who are engaged in their profession but bring a diversity of life experience to it. Nobody can claim that personal life experience will not and must not inform our professional roles. We can observe the cab rank rule and simultaneously engage in work with other groups that strives to bring about socially desirable results. It is within this tension that pro bono schemes such as the VAS are vital. The VAS is a link between the Bar and NGOs. It assigns barristers to assist NGOs in their causes (which will often be about some form of social change) on the basis of the cab rank rule, and neither the VAS, nor the Bar, take a view on whatever the cause of the NGO may be.

The cab rank rule, which ensures that barristers will accept work in any case once they have capacity to do so and it is within their area of expertise,15 is one of the most fundamental principles governing how barristers work. It ensures right of access to legal representation regardless of any alleged action. The really interesting thing about the cab rank rule is how it contrasts with so many other devices that feature in social change.

Institutional work (defined earlier) and social movement theory,16 would point to the role of narratives, framing and logics, whereby there is an appeal to personal values in order to become part of the movement.17 The cab rank rule requires none of this; on the contrary, it requires a solid detachment in the deployment of one’s legal expertise. The rule came under threat in England last year when a group of lawyers declared that they would no longer subscribe to it if it required them to prosecute climate activists.18 Subsequently, the four jurisdictions of Ireland, Northern Ireland, Scotland, and England & Wales issued a joint statement vehemently defending the rule, emphasising that “it is for judges and juries to decide and to judge, and that passing judgment is not the role of advocates”.19 Barristers can never refuse work for personal views or beliefs about the client or the matter at hand. Non-lawyers might ask where is the line between personal values and a willingness to accept instructions for any side, to defend to the best of their ability? The response is that an outcome might happen to be one we are personally aligned with, which can be pleasing, but it is not the point or the function of our role.

Jurisdictions without an independent referral Bar have not had the benefit of the cab rank rule, and the line between the personal interests of lawyers and their cases was far less obvious. The notion of ‘movement lawyering’ is something that has developed over decades in the US. There had been a tendency in US courts in the 1960s to push through societal change in what became known as ‘legal liberalism’. Scott L. Cummings, Professor of Law at UCLA, describes how this presented itself as “activist courts and lawyers pursuing political reform through law”,20 and was understandably controversial. He goes on to outline how this has since evolved into a concept of ‘movement liberalism’, which better preserves the integrity of the legal system by allowing social movements to lead the charge on social change, and lawyers can assist the

26

In a world where more innovative approaches to social problems are required, we at the Bar have a significant role to play.

Conclusion Scholars of social change and institutional work are becoming increasingly aware of the greater impact that cross-sectoral groups working together towards a common objective can have. There will be few examples as tangible here as the first SIF opening in Ireland later this year. A key feature of that initiative’s success lay in the range of actors from a wide variety of experiences and expertise. In an era where calls to action and mobilisation for change can so often be reactionary and confrontational, the innovative approach of tempered radicals from cross-sectoral groups in the name of broad-spectrum change can be uniquely effective. As sole traders, it can be easy to underestimate our impact as a collective, as a profession. In a world where more innovative approaches to social problems are required, we at the Bar have a significant role to play. There is huge potential to utilise our skills in addressing the challenges of the 21st century, and this potential goes beyond the courtroom.

OCTOBER 2024

* Diane Duggan is a practicing barrister in Ireland since 2006. Based in Dublin, she graduated with degrees in psychology as well as law prior to her call to the Bar. In 2024, she completed a Masters in Social Innovation at the University of Cambridge. Her research

examined how social change happens through legal processes.

Diane is a past co-ordinator of the Bar of Ireland’s pro bono scheme and has a particular interest in access to justice issues.

She works in public law with a focus on children, mental health and human rights.

REFERENCES The author recently completed a Master’s in Social Innovation in the University of Cambridge Judge Business School. Surprisingly little analysis exists on how law or legal processes can be understood in the context of institutional work. A piece of research was conducted on how one social change came about through legal processes.

2.

Meyerson D.E., Scully, M.A. Crossroads tempered radicalism and the politics of ambivalence and change. Organization Science 1995; 6 (5): 585-600.

3.

Lawrence, T., Suddaby, R. Institutions and institutional work. In: Clegg, S., Hardy, C., Nord, W., Lawrence, T. (eds.). The Sage Handbook of Organization Studies. SAGE Inc., 2006.

4.

Interview data arising from: Diane Duggan, ‘Tempered activism? How social activists engage in legal processes to bring about social change’ (Master’s Dissertation, University of Cambridge, 2023).

5.

Stoddard, T.B. Bleeding heart: reflections on using the law to make social change. NYU Law Review 1997; 72: 967.

6.

347 U.S. 483 (1954).

7.

410 U.S. 113 (1973).

8.

Stoddard (n3) 974.

9.

O’Donnell, D. The sleep of reason. Dublin University Law Journal 2017; 40: 191.

10.

Such as Byrne v Ireland [1967] IR 241 (SC), and McGee v Attorney General [1974] IR 284 (SC).

11.

O’Donnell (n7) 200.

12.

Ibid 199.

13.

Ibid 198.

14.

Ibid 212.

15.

Rule 3.10, Bar of Ireland Code of Conduct, 2021.

16.

The study of those seeking to bring about institutional change or social change through communication that “creates shared cognitions (and emotions) that support institutional change”. (Hardy, C., Maguire, S. The SAGE Handbook of Organizational Institutionalism. London: SAGE Publications Ltd, 2008. Available at: https://doi.org/10.4135/9781849200387.

17.

Schneiberg, M., Lounsbury, M. Social movements and the dynamics of institutions and organisations. In: Greenwood, R., Oliver, C., Lawrence, T.B., Meyer, R.E., (eds.). The SAGE Handbook of Organizational Institutionalism. SAGE, 2017.

18.

Good Law Project. Why our founder would refuse to prosecute climate protesters. 2023. Available from: https://goodlawproject.org/why-our-founderwould-refuse-toprosecute-climate-protesters/. (Accessed June 1, 2023).

19.

Bar of Ireland. Cab-Rank Rule: Statement of the Four Bars. Law Library. Available at: https://www.lawlibrary.ie/cabrank/. (Accessed June 1, 2023). 20.

Cummings, S.L. Movement lawyering. Univ. of Illinois Law Review 2017: 1645.

1.

Thankyou to our Conference Sponsors

Lawyers Contributing to Community Services Josh McBride and the Backcountry Trust* Legal work, particularly litigation, can be intense and demanding.

Many lawyers seek outlets beyond their professional roles, often finding ways to give back to their communities. These contributions can take various forms - from governance roles and creative pursuits to hands-on involvement in community projects.

Josh McBride, a barrister from Richmond Chambers in Auckland, has found a unique way to combine these elements in his work as a trustee of the Backcountry Trust.

The Backcountry Trust, established in 2014, oversees the restoration of huts and tracks on public conservation land managed by the Department of Conservation. To date, the Trust has supported the restoration of over 250 huts and 1,000 km of walking and mountain bike tracks.

Josh, whose legal practice focuses on construction and technology law, recently attended a Trust board strategy session in Arthur's Pass. The meeting included a site visit to Temple Basin to inspect the Lockwood Shelter, one of the Trust's restoration projects, at 1326m above sea level.

28

"It was terrific to view the project firsthand and see the practical results of the Trust's hard work," Josh said.

"These activities provide a valuable counterpoint to legal practice. And a good walk in!"

The Backcountry Trust's efforts align with a broader trend of legal professionals engaging in community service outside their primary practice areas. Josh and his colleagues at Richmond Chambers believe that by engaging in diverse forms of public service, lawyers can gain invaluable perspectives that enhance their legal practices and deepen their connection to the communities they serve.

The Bar Association encourages its members to consider similar engagements as a means of professional development and community contribution.

OCTOBER 2024

Supreme Court Split 3:2 in Major Limitation Decision Christine Meechan*

Christine Meechan KC discusses the highly anticipated decision of the Supreme Court in Beca Carter v Wellington City Council. [1] The 10-year longstop in the Building Act does not prevent a defendant from bringing a claim for contribution against a third-party more than 10 years after the act or omission of that third party.

This was the conclusion reached by the majority of the Supreme Court in a judgment delivered on 18 September 2024 – exactly 11 months to the day after the appeal was heard. As a result, Wellington City Council can pursue its third-party claim against Beca Carter in proceedings arising from damage to the CentrePort building caused by the Kaikoura earthquake in 2016.

It was a close decision, with two members of the Court dissenting (Glazebrook and O'Regan JJ). They concluded the ordinary language of section 393(2) of the Building Act 2004 means what it says: no relief can be granted in civil proceedings relating to building work more than 10 years after the date of the relevant act or omission, and this prohibition applies to third-party claims.

Both the majority and the minority reached their respective conclusions after analysing the legislative history of the Building Act, the Limitation Act 2010 and the Law Reform Act 1936, the legislation which created the statutory right of contribution between tortfeasors.

In delivering the judgment of the majority, Ellen France J emphasised the lack of any discernible intention by parliament to change the separate limitation regime that exists for contribution claims when it passed the Building Act 2004 and its 1991 predecessor.

The majority also highlighted the potential unfairness that would arise if a plaintiff, just as the 10-year period was about to expire, sued only one of several potential defendants, leaving the targeted defendant unable to pursue a contribution claim against the group of joint tortfeasors.

The minority acknowledged that there were policy arguments that went both ways, but concluded that

OCTOBER 2024

the key objectives of the Building Act reforms, which included the delivery of certainty in relation to time frames and protection from stale claims, would be thwarted if contribution claims were treated as an exception to the clear language of the longstop.

The Supreme Court’s decision puts to bed the uncertainty on this critical issue that had resulted from there being two differing lines of authority in the High Court. Or does it? The strong dissent by Glazebrook and O’Regan JJ reflects the fact that there is a valid alternative analysis available. As the former Chief Justice of the US Supreme Court, Justice Hughes, once said, “A dissent in a Court of last resort… is an appeal to the intelligence of a future day, when a later decision may possibly correct the error into which the dissenting judge believes the court to have been betrayed.”[2] For now, however, we have a decision that brings welcome clarity for all those involved in defective building litigation.

REFERENCES Beca Carter Hollings & Ferner Limited v Wellington Council [2024] NZSC 117.

[2] Charles Hughes, The Supreme Court of the United States 68 (1936).

[1]

29

5 Tiny Habits to Improve Your Emotional Health Nick Wignall*

Everything from genetics to early childhood experience plays some role in our emotional health, but we don’t have a whole lot of control over the genes we inherited or the past we lived through. All we have is the present and what we choose to do in it.

Feeling better emotionally means making small, consistent changes, and over time, these will become habits that keep you mentally strong and emotionally resilient, says clinical psychologist Nick Wignall.

Here’s how to start: 1. Do your overthinking on paper From worry and catastrophising to rumination and selfcriticism, we can all fall into a pattern of overthinking.

The trouble is that thoughts happen really fast in our heads. This means you can do a lot of overthinking (and generate a lot of painful emotion) in a short amount of time. Instead, try to constrain your overthinking to pen and paper. You can’t write nearly as fast as you think, so if you force yourself to only overthink on paper, you’ll end up doing a lot less of it.

2. Validate before you analyse Trying to understand why we’re feeling bad is perfectly natural. It’s also pretty unhelpful a lot of the time.

Instead, try to validate the experience: “I am anxious, and I don’t like it. But it’s okay. A lot of people feel anxious in stressful situations.

Just because I feel anxiety doesn’t mean I have to do anything about it.”

Emotional validation is like a pressure release valve for difficult feelings. You’ll be much more likely to react to that emotion productively if you’ve taken a second to validate it first.

3. Build more space into your life Although common, chronic stress is not normal. It’s certainly not good for your emotional health, and it almost always boils down to doing too much too often.

30

To counteract this, it’s important to build space or margin into your life and then protect it vigorously. No amount of mindfulness sessions or soothing incense will reduce your stress if you aren’t willing to make time for downtime.

4. Spend quality time with people that matter Emotional health depends on social health and social health depends on quality time, not just more connection.

Try scheduling a regular call with a good friend once a month and treating it like an appointment, or writing a letter to your grandchild each week. Maybe it just means one night a week we turn off the TV and just talk with our partner before bed.

5. Set tiny boundaries The ability to communicate and set healthy boundaries is fundamental for emotional wellbeing. But for most of us, the idea of assertiveness and boundary setting is understandably intimidating because it’s a skill we rarely practise.

So start small. Look for little opportunities to practise setting tiny boundaries like telling your co-worker you can’t get to that report today but will prioritise it tomorrow. If you want to feel confident setting big boundaries, start by becoming competent with small ones. * Adapted from an article written by Nick Wignall, originally published on Āki with permission from Nick and Synergy Health mas.co.nz/aki-wellbeing. Āki is MAS’s health and wellbeing portal, which is free to all NZ Bar Members thanks to our partnership with MAS.

OCTOBER 2024

The Power of Gratitude Synergy Health*

Practising gratitude seems like such a small thing, but its benefits are immense. Gratitude boosts the neurotransmitters dopamine and serotonin and the hormone oxytocin, all associated with wellbeing and having a positive outlook on life.

By taking time to notice and reflect upon things we’re thankful for, we can experience more positive emotions, feel more alive, sleep better, strengthen our immune systems and feel less lonely and isolated. A regular gratitude practice can also help us build resilience and deal with adversity more effectively.

Gratitude is a thankful appreciation for what we receive or already have, whether tangible or intangible.

It’s the act of feeling and communicating appreciation for people, circumstances and things in our lives. It allows us to mindfully acknowledge the good in our lives and cherish our present in ways that can make us feel abundant rather than deprived.

In the process, people usually recognise that the source of that goodness lies at least partially outside themselves.

As a result, being grateful also helps people connect to something larger than themselves as individuals – whether to other people, nature or a higher power.

At its foundation, gratitude is a healing, life-affirming and uplifting human experience that shifts us from focusing on the negative to appreciating the positive in our lives.

The science of gratitude In his book The Upward Spiral: Using Neuroscience to Reverse the Course of Depression, One Small Change at a Time, Dr Alex Korb talks about how gratitude boosts the neurotransmitters dopamine and serotonin and the hormone oxytocin, all associated with wellbeing and having a positive outlook on life.

Studies have also found that: • gratitude is the best predictor of wellbeing out of any character strength • people with heart disease improve their heart health through practising gratitude • teenagers who feel grateful are less likely to abuse drugs and alcohol • grateful people have more self-control, which helps with healthy eating and quitting smoking • gratitude reduces insomnia and depression, increases happiness and improves immunity.

Counting your blessings improves your self-esteem, because when you feel better about your life, you are less likely to compare yourself negatively with others.

OCTOBER 2024

6 ways to cultivate gratitude Some people are naturally more grateful than others, but the good news is we can all become more grateful through practice.

1. Keep a gratitude journal Each day, write down three things you’re grateful for.

Be specific and focus on the details of the experience.

For example, write “I’m grateful that my partner made me a cup of coffee this morning” rather than “I’m grateful for my partner”. Another question to ask yourself to stimulate reflection is “What three things went well today?”

2. Say thank you Look for opportunities to say thank you for the small things. As Jon Kabat-Zinn says, “The little things? The little moments? They aren’t little.” Saying thank you or holding the door for someone – these little moments can change the tone of your whole day.

3. Use reminders Two obstacles to gratefulness are forgetfulness and a lack of mindful awareness, so use reminders to prompt thoughts of gratitude. Put a sticky note on your screen or set a calendar appointment or notification on your phone.

4. Write a thank you note or letter Express your enjoyment and appreciation of someone’s impact on your life. Send it, or better yet, deliver and read it in person if possible. Make a habit of sending at least one gratitude letter a month. Once in a while, write one to yourself.

5. Meditate Mindfulness meditation involves focusing on the present moment without judgement. You can focus on a word or phrase like ‘peace’ or ‘thank you’ or a sensation like the warmth of the sun or the sound of the birds. Or try a guided loving-kindness meditation.

6. Include others At mealtime, ask each person at the table to share something they’re grateful for that day. Kids can learn to increase their feelings of gratitude too.

In a two-week module now on Āki, you’ll learn ways to reconnect with your life’s positive energies through cultivating the art (and science) of appreciation. * This article was originally published on the Āki Wellbeing hub, and then republished with permission in MAS's member publication OnMAS. It published here with permission from Synergy Health Ltd https://www.synergyhealthltd.com/.

31

Petrol Heads’ Corner Trek Powerfly David O’Neill* This column comes to you in a somewhat different flavour than usual.

To put this comment into context - I will be retiring from active practice at the end of 2024 and in readiness for that, I am having to do a ton of things before I go (I never knew it was so hard to retire). Consequently, I haven’t had time to source a car to drive, so I have gone and reviewed what is fast becoming, a popular form of transport.

Fear not, gentle reader (stolen from Bridgerton…..), I am not retiring from everything. I am only retiring from the law. I intend (if the Bar Association will have me) to continue this column and continue editing the magazine. Mind you, to be perfectly honest, the editing is already done by the time I get near it and I don’t have to do much. That is why you see erudite comments from Jacqui peppered throughout my column.

Anyway, enough wittering from me about retirement (safe to say that I have a list of things that I really want to do, which will have nothing to do with the law, and I intend to focus on them).

This tedious introduction is my justification for not doing a car review.

32

Instead, in desperation, I have gone all eco friendly for the column and I will be reviewing an electric bike. You gotta take one for the team now and again!

When electric bikes first came on the scene, I was dismissive of them. I thought it was just a lazy way of getting around on a bike, making out you were biking somewhere, but not doing anything. I couldn’t be more wrong.

Instead of electric bikes being like lime scooters, where you push a button and away you go, you have to pedal these things to make them go. It is really cycling with some assistance from a small electric motor. I am pretty sure that they have come a long way in their sophistication since they were first introduced.

The Trek Powerfly (and I confess here, that this is one of ours) has full suspension, back and front, squidgy seats, extended handlebars and small wings on the handlebar rests. I will get to those shortly.

As standard, they come with the following: • Disk brakes back and front (great until you get grit and stuff in them); • Six or seven gears at the back (no extras on the front cog);

OCTOBER 2024

• A sort of, reasonable seat; • Push-push gear changes ( I will explain that soon); and • No mud guards.

We had been told to get the full suspension model because, according to friends, if you ride the bike with only the front suspension, your backside will really let you know about it further down the road.

Having full suspension does make a difference. When you get off, you don’t feel like you have been beaten up, although you do have to undergo surgical extraction of the seat. Unless you are a Tour de France rider, bike seats are always tough after any length of time and I, for one, inevitably get off a bike and I am grateful to find somewhere soft and easy to sit down on. Then I stagger over and collapse.

If you don’t have mud guards, all you are going to get is a dirty great big stripe up your backside and up your back. The same thing happens at the front. If you want to avoid that, then get small mud guards which are obtainable from any bike dealer.

I will get to some of the extras shortly, but one thing you need to know is that these things weigh a ton. They are really heavy with the batteries in, and you need a special bike carrier to transport them. Bike carriers for two bikes cost around $1,000. However, they are worth it because they transport your valuable ($7,500 each going up) bike everywhere without fear of them falling off. The racks are lockable so you can make sure the bike isn’t nicked while you pop in for a latte at your favourite watering hole on the way to wherever you are going.

A hint – always remove your battery when you take the bike on the car somewhere. There is always the risk that the battery might jiggle loose and fall out. If it does, you can’t go anywhere. Even without the battery, they are really heavy.

As to specifications – I have taken this off the website and can only tell you what I know from the website.

• You can get up to 32km/hr under assist; • The torque is 85nm. That is a lot when you are going up a hill; • The range is around 5 hours; • The battery apparently has 500-625Wh (whatever this means-probably watt hours-whatever, it looks flash) Charging isn’t too bad. We found that it takes overnight charging to get the battery back to full capacity.

The gearing, as I have said, is push-push. In other words, you push one lever to continually change gear going up, and then changing gears down, you likewise push the opposite lever. The gear change is mounted under the right hand handlebar.

OCTOBER 2024

The original seat was not terribly comfortable, and we opted to go for the gel seat, which is a lot softer, slightly wider and a whole lot more pleasant to sit on if you are going a reasonable distance.

The bike also has a feature which I have never struck before (that probably tells you how long it’s been since I have ridden a bike) and that is, that you push the seat down so it is easier to hop on, and once you get going, you push a small lever which pops the seat up to a comfortable height. This is very clever and makes getting on and off easy.

The control panel (for want of a better word) features an on/off button. Once you turn it on, it comes up with a menu of four types of assistance. Basically, you can put as much or as little effort into riding the bike as you want. The highest level of assistance is labelled turbo and the lowest is labeled economy. The titles speak for themselves.

Economy is minimal assistance, but you will go for a lot longer and a lot further. Turbo is right at the other end of the scale, and you can pretty much remain seated in a high gear and go up steep gradients. It is also the assistance which will get you get you to the top speed quickly. We tend to ride the bike in “touring”. That still gets you along around 30+kmh but doesn’t use up the battery as quick.

You can fiddle around with the control buttons, and it will also tell you how far you have gone, what speed you are going, how much power is left, etc.

There is also a “walk” mode. That is another button, and if you want to walk it up a ramp to put it away or walk it up onto the bike rack mounted on the back of the car, you can use this, and it gives gentle assistance from the electric motor.

We opted for a handlebar extension, and handlebar grips which had a type of flange the hand rested on when you were biking along. We found that because you were leant over the handlebars, your hands became quite sore after a while. This has helped.

Because it is a type of trail bike, it has large knobbly tyres. The frame is probably more rugged than the ordinary road going electric bike. However, this is able to be used on off-road trails, and we have found the bike terrific to use off a trail through dirt tracks etc.

This is not to say that I am some sort of mountain bike freak who rips down doing extreme jumps etc. I am more of a genteel cyclist who likes to go off the footpath and out into the back blocks (in a civilised sort of way).

The motor is a small electric motor tucked into the bottom of the frame so that the centre of gravity is quite low. The battery is lockable (for obvious reasons) and the key for each battery is, according to the dealer, unique to that bike. Personally, I doubt that,

33

but I wasn’t going to argue with him – I wouldn’t get anywhere.

It’s very easy to ride and I have to say it has renewed my wish to get out and go see other places.

The bell you can see in the second photograph is a must have. These things don’t make a lot of noise, (think of a two wheeled Nissan Leaf) and it is quite useful to ping the bell every now and again in case you terrify some poor pedestrian or scare somebody, so they fall over.

You can also see, in the second photograph, the handlebar grips I was talking about, and the handlebar extension.

The suspension on the front is adjustable from soft through to hard. I suppose hard is for the adventurous type who wants to roar down a mountain at high speed, avoiding trees, rocks and other people. Soft is more my style.

For those with keen eyesight (we are all getting old), you will have noticed a rectangular pad which looks a little bit like a “transformer in waiting”. I bought these from Amazon. They are as cheap as chips (about $15) and you can mount your mobile phone in it and then lock that into place so it doesn’t fall out. Believe me, I have tried, and it won’t fall out of that cradle. This is excellent if you have no sense of direction, get lost, or for that matter, want to talk to your favourite friend. I recommend them.

make lots of noise next time around. I hope this finds you all well. The next time you read anything from me, I will be retired and will probably not be in Hamilton, but somewhere else, just for a change. All the best.

Well, that’s my lash at doing something eco-friendly for a while. I will get back into cars that go fast and

* David O’Neill is an almost retired Hamilton barrister who enjoys cars, and the odd bicycle!

After 5 Functions

34

Thank you to Richmond Chambers for hosting drinks.

Gowan Duff, Anthony Holmes and Quentin Duff

Paul David KC and Hon. Raynor Asher KC

Many thanks to the members of Mills Lane Chambers who also hosted NZBA drinks

OCTOBER 2024

Wellington and Christchurch Silks' Ceremonies and Celebrations

Daniel Kalderimis KC and Sally Gepp KC Copyright www.josephkelly.com

The Ceremony Copyright www.josephkelly.com

James Rapley KC congratulates Christopher Stevenson KC Copyright www.josephkelly.com

Wellington Silks' Dinner - Genevieve Haszard and Karen Feint KC

(L to R) Rod Lawson, Fabiola Stevenson, Mike Lennard

Isabella Clarke and Tim Stephens KC

(left to right) Christopher Stevenson KC, Wendy Aldred KC, Maria Dew KC, Daniel Kalderimis KC, Tim Stephens KC

(from left to right) Philip Josephs KC, Phil Shamy KC, Anne Toohey KC, Alanya Limmer KC

Christchurch Silks' Dinner - Anne Toohey KC

Alanya Limmer KC

Phil Shamy KC

Philip Josephs KC

OCTOBER 2024

35

Trans-Tasman Bar Conference 2024 Attendees at the recent New Zealand Bar Association | Ngā Ahorangi Motuhake o Te Ture and Australian Bar Association Trans-Tasman Bar Conference were honoured to be formally welcomed to Tāhuna Queenstown by representatives of two Kāi Tahu Papatipu Rūnanga Ōraka Aparima and Hokonui. Ngā mihi rawa atu ki a Matu Coleman Clarke, rātou ko Jana Davis, ko Jo Brand, ko Emily Chirnside, ko Arne Burgess, ko Rewi Davis.

Matu Coleman-Clarke opened proceedings with a beautiful karakia tīmatanga. Jana Davis’ mihi on behalf of mana whenua included an explanation of the surrounding environment and its significance to Kāi Tahu. Following the waiata kīnaki from mana whenua, NZBA Council member, Gowan Duff, replied on behalf of manuhiri. Gowan’s stirring mihi whakahoki included a heartfelt mihi to the recently departed Douglas Ewen KC. Gowan ended with a whakataukī which reflected back mana whenua’s mihi on the significance of the environment: Whatungarongaro te tangata, toitū te whenua (As man disappears from sight; the land remains).

The mihi on behalf of manuhiri was supported by a rousing rendition of Hirini Melbourne’s waiata, Purea Nei, sung by NZBA Council members (past and present), and many of the conference attendees – including a number of our Australian colleagues. Ngā mihi rawa atu ki a Annette Sykes rātou ko Te Ringahuia Hata, ko Natalie Coates, ko Bernadette Roka Arapere mā for standing with NZBA Council members to sing – and in Annette’s case for leading the waiata tautoko .

The mihi whakatau was completed with hongi, hariru and the sharing of kai between representatives of manuhiri and mana whenua.

The mihi whakatau not only allowed us to be welcomed to the area by mana whenua, it also set the scene for the rest of the conference. NZBA takes seriously the significance of connecting with mana whenua before all our conferences and to ensure our part in a mihi whakatau ceremony is tika in accordance with the tīkanga of mana whenua. The importance of the mihi whakatau, and the use of reo Māori throughout this year’s conference generally, was commended by attendees, including many of our Australian colleagues.

A selection of Conference photos is available on the next page. For additional pictures, click here to view the online gallery.

36

OCTOBER 2024

Maria Dew KC welcomes all to the conference

Madeleine Laracy

James Every-Palmer KC, Bronagh McKenna and Una Jagose KC

Friday's audience

Róisín Annesley KC and panel

Michael Green SC

Róisín Annesley, Carmen Currie, Dale McQualter

Martin Williams, Hon Tony Randerson CNZM KC, Emrys Nekvapil SC, Jenny Cooper KC, and Alofipo So'oalo Fleur Ramsay

Jim Farmer KC, Ingrid Stewart, Emma Priest, Samira Taghavi, Deborah Coddington, Colin Carruthers KC

Stephen Hunter KC, Daniel Kalderimis KC, Gowan Duff, Patrick Fogarty

Hon Justice Stephen O'Meara

Kesley Rissman, CEO Queensland Bar Association

Hon Justice Jane Anderson, our conference dinner speaker

Kate Sheppard Chambers members

Ana Cathcart, Peter Lycett

OCTOBER 2024

37

Auckland Silks Dinner 2024

Anthony Holmes, Simon Cogan

Katy Hogan and Lauren Milne

Mark O'Brien KC, Hon. Justice Muir

Lion Yang, Anna Casey

Katherine Anderson KC

Todd Simmonds KC

Robert Stewart KC

Nura Taefi KC

Garry Williams KC

Sir David Williams KC, Kelly Quinn KC

Yvonne Mortimer-Wang and Matthew Mortimer-Wang

Mark O'Brien KC, Bal Mathieson

Paul David KC welcomes attendees

38

OCTOBER 2024

Sarah Armstrong KC, Dr Alexander Jorgensen

Todd Simmonds KC, her Honor Judge Yelavich, Kelly Quinn KC

Sarah Armstrong KC, Lynda Kearns KC, Paul David KC, Sonja Clapham

Judge Sellars, Judge Bonnar

Mike Heron KC, Catherine Sandelin, Mark Sandelin

Dale Duffy, Garry Williams KC, Nick Malarao

Hon Kit Toogood KC, Phillipa Muir

Nicky Hall, James Craig, Jania Baigent

Elizabeth Keall-Ross, Alice Poole

James Carruthers, David Kraitzick, Jacob Parry

Antonia Fisher KC, Miriam Dean KC, Vivienne Crawshaw KC

Katherine Anderson KC and Sam Wimsett KC

Josh McBride, Talia Powell, Katerina Wendt

Zane Kennedy KC, Mark O'Brien KC, Yoonjung Lee , Adam Ross KC

Dr Simon Foote KC, Sam Lowery

OCTOBER 2024

39

2024 – 2025 COUNCIL CONTACT DETAILS PAUL DAVID KC – President Ph: +64 9 379 5589 paul@pauldavid.co.nz MARIA DEW KC – Past President Ph +64 9 307 5251 maria@mariadew.co.nz KELLIE ARTHUR Ph +64 9 307 9828 kelliearthur@fortyeightshortland.co.nz JOHN BILLINGTON KC Ph +64 9 972 2052 jb@billington.co.nz VICTORIA CASEY KC Ph: +64 4 212 4679 victoria.casey@cliftonchambers.co.nz PHILLIP CORNEGÉ Ph +64 7 282 0572 Phillip@riverbank.co.nz GOWAN DUFF Ph: +64 27 2828 287 gowan@mataichambers.com SAVANNA GASKELL Ph: +64 3 477 3488 savanna@barristerschambers.co.nz GENEVIEVE HASZARD Ph: +64 7 571 2447 genevieve@kennedychambers.co.nz ISWARI JAYANANDAN Ph: + 64 9 263 0047 iswarij@yahoo.co.nz SARAH JEREBINE Ph: +64 9 379 0802 sarah.jerebine@bankside.co.nz STEPHEN LAYBURN Ph: +64 9 300 5485 stephen@stephenlayburn.co.nz RICHARD MCGUIRE Ph: +64 3 962 4241 richard.mcguire@pds.govt.nz TIHO MIJATOV Ph: +64 4 472 9027 tiho.mijatov@stoutstreet.co.nz RICHARD RAYMOND KC Ph: +64 3 343 1321 rraymond@canterburychambers.co.nz RACHAEL REED KC Ph: +64 9 357 4312 rachael@rachaelreed.co.nz TIM STEPHENS KC Ph: +64 4 917 1086 tim.stephens@stoutstreet.co.nz