LawNews - Issue 32

NEWS Sep 17, 2021 Issue 32

Inside ■ TRUST LAWS

Trusts and legitimate expectation P07

■ CRIMINAL LAW

How violence impacts criminal lawyers P09

Have your say on

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SURROGACY LAW REFORM

Contents 03 FAMILY PARENTHOOD ADOPTION

Have your say on reforming our surrogacy laws

LawNews is an official publication of Auckland District Law Society Inc. (ADLS).

07 FAIRNESS ESTOPPEL TRUSTEES

Legitimate expectation and the law of trusts

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09 VIOLENCE COURTS ADVERSARIAL

How criminal lawyers become traumatised

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02

Sep 17 2021 Issue 32

FAMILY LAW

Why surrogacy laws need reform

A new rule in Parliament means if Coffey can get 75% support from non-ministerial MPs, his bill can bypass the ballot

Diana Clement

If you allow commercial surrogacy, does

New Zealand’s surrogacy laws are it mean the highest bidder is going to win dated and ready for a shake-up.

Surrogacy straddles at least five the surrogate? That pushes those who can’t laws and two sets of regulations, afford it out of the market making life difficult for parents such as Stewart Dalley, lawyer at D&S Law, who has three surrogate children. He also international surrogacy, government advises clients on surrogacy.

■ legal parenthood; funding for related surrogacy In 2020 the government asked Te ■ approving surrogacy arrangements; agreement costs and compensation for Aka Matua o te Ture | Law Commission ■ financial support for surrogates; surrogates. to review New Zealand’s ■ children’s rights to identity and Backbench MP surrogacy law and access to information; and Tamati Coffey is also on practice.

■ international surrogacy. the case with a private The commission Legal parenthood member’s bill, which published its issues paper would amend the Human The commission notes that as they 47 Te Kōpū Whāngai: Assisted Reproductive He Arotake | Review of stand, the legal parenthood laws fail Technology Act 2004 Surrogacy earlier this to reflect the reality of surrogacy (HART), Care of Children year and submissions arrangements. Under common law, Act 2004, Status of have been extended to the woman who gives birth and her Stewart Dalley Children Act 1969, Child October 1. partner (if she has one) are the legal Support Act 1991, Births, The commission parents at birth. The intending parents Deaths, Marriages, and Relationships estimates up to 50 children may must formally adopt through the Family Registration Act 1995 (and regulations), Court under the Adoption Act 1955. be born as a result of a surrogacy Social Security (Exemptions under arrangement each year, including This rule applies regardless of Section 105) Regulations 1998. both New Zealand and international whether the surrogacy is traditional These and other related laws surrogacy. (using the surrogate’s egg,) or raise legal, ethical, medical, tikanga, One of the guiding principles of its gestational, using the ovum of the whakapapa, and whanaungatanga paper is to encourage New Zealanders intended mother or a donor. But (kinship) issues. to enter domestic surrogacy instead the processes differ. In a gestational The commission is due to report of going offshore and the commission surrogacy, intending parents must back to minister Kris Faafoi in the acknowledges the process needs to be seek approval from Ethics Committee middle of next year at the same time efficient and cost-effective while still on Assisted Reproductive Technology as the Ministry of Justice reports on its protecting the rights of the child.

(ECART), which also involves being review of adoption laws.

The commission’s review includes assessed by Oranga Tamariki social Some of the main issues discussed recommendations surrounding Māori workers. in the surrogacy review include: tikanga, the child’s right to information, It’s this issue of legal parenthood

that drove Coffey to draft his private member’s bill, long before the commission became involved.

Coffey and partner Tim Smith have a surrogate-born child. The couple had to adopt the child who was biologically Smith’s.

“Tim had no rights in the whole process,” says Coffey. “That was wrong.

It was incredibly invasive especially since the baby was biologically Tim’s.

The actual premise of the whole conversation is wrong.”

The hoops they had to jump through were far greater than a straight couple would to adopt a baby, Coffey says.

The commission is recommending new pathways for legal parenthood.

The first could see the intended parents become legal parents at birth, providing the surrogacy arrangement was approved by ECART and, after the child is born, the surrogate confirms her consent to relinquish legal parenthood within 42 days.

If the first pathway doesn’t apply, such as with international surrogacies or where the surrogate doesn’t give approval, an application could be made to the Family Court for a post-birth order determining the intended parents are the legal parents of the surrogateborn child. Either way, the intended parents wouldn’t need to go through adoption.

Dalley questions the need to have

Continued on page 04 03

Continued from page 03

a 42-day period post-partum right to withdraw consent before the birth can be registered. It’s only 10 days with adoption.

Approving arrangements New Zealand has processes in place to approve domestic surrogacy arrangements under the HART, but they cover only gestational surrogacy, not traditional arrangements where the mother’s egg is used.

Some commentators have called for ECART to be scrapped, but the commission concluded that prior independent approval in New Zealand is a safeguard.

The chapter of the paper on approving surrogacy arrangements focuses largely on improving the ECART process. It also considers issues such as the need for an appeals process when ECART declines approval and whether traditional surrogacy arrangements should come under the same process, providing a faster pathway to legal recognition of parenthood.

The latter would have a knock-on effect in terms of people’s ability to gain legal parentage, says Dalley.

Financial support Payment for surrogacy (commercial surrogacy) in New Zealand is illegal under s 14(3) of the HART Act. Breaches are punishable by imprisonment for up to one year or a fine of up to $100,000, or both.

While that might have been a

reasonable position to take in the 1980s when gestational surrogacy was an emerging practice, it’s no longer a ‘societally recognisable moral wrong’, University of Canterbury associate professor Debra Wilson notes in Rethinking Surrogacy Laws: Te Kohuki Ture Kopu Whangai – Overview of Report in May 2020.

No-one has ever been prosecuted and lawyers, the paper noted, were divided on whether commercial surrogacy should remain a crime. It referenced a survey of family lawyers which revealed 52% of respondents thought criminalisation should be removed, while 48% favoured retention.

The commission is recommending widening payment, and the move is welcome, Dalley says. Where the line is to be drawn is much less clear.

Currently only a narrow range of costs can be reimbursed, such as collecting, storing, transporting or using a human embryo or gamete, counselling, insemination or in vitro fertilisation, ovulation or pregnancy tests or for legal advice. Many other costs such as maternity clothes that most people would find reasonable are not covered.

It’s problematic and there is no agreement among academics about the legal position. “Views range from s 14 being frequently understood to mean that a surrogate can be given reasonable expenses, to payments to the surrogate for her reasonable expenses are not permitted,” the paper said.

If they are left out of pocket, it may create barriers for women considering becoming surrogates and place stress

Does the surrogate get parental leave or the intending parents or both?

04

MP Tamati Coffey’s partner Tim Smith with their child

on all parties.

The irony of the situation, says Dalley, is that even ECART and its advisory panel ACART do not agree on the meaning of ‘valuable consideration’ under the current law. For example, they disagree on whether life insurance premiums for the surrogate should be accepted as reasonable costs.

Not knowing what’s covered by the phrase ‘reasonable expenses’ and what’s not raises ethical questions because it doesn’t address the issue of ensuring the surrogate is in the same financial position as she would have been in but for the pregnancy, says Dalley.

The commission has considered whether a surrogacy fee may be suitable, but came to the view that the arguments against outweigh the benefits. Just because that happens overseas didn’t mean New Zealand should base regulation on the ‘lowest common denominator’.

The issue of payments to surrogates is tricky, especially if New Zealand

wants to encourage surrogacy.

‘Commercial’ surrogacy usually invites negative reactions. Yet it may be preferable to intending parents paying for surrogates’ services overseas where they may not be well protected by the law.

The law could, for example, allow ex gratia payments to the surrogate, says Dalley. Even though not mandated, does it then become ingrained that an ex gratia payment at a certain level, say $30,000, is the norm and parents who can’t afford this are locked out? he asks.

“If you allow commercial surrogacy, does it mean the highest bidder is going to win the surrogate? That pushes those who can’t afford it out of the market.”

Another legal issue is whether agreements to pay costs should be enforceable.

The commission wants to clarify the law about surrogates’ entitlements

Continued on page 05

Sep 17 2021 Issue 32

Continued from page 04

to post-birth recovery leave and payments under the Parental Leave and Employment Protection Act 1987 as part of its options for reforming financial support for surrogates.

The Act does not expressly provide for surrogacy arrangements. Does the surrogate get parental leave or the intending parents or both?

The commission notes that the law is unclear. “One possible interpretation is that both the surrogate and an intended parent can qualify, as the definition of primary carer also includes the person who is pregnant or has given birth. However, Te Tare Taake | Inland Revenue guidance suggests that paid parental leave is available only ‘if you take time off work to care for your baby or a child who has come into your care’.”

Dalley is not convinced that the rules should be arbitrary. While one surrogate might be able to return to work shortly after the birth, another might have had a caesarean section, where it takes longer to recover, or may suffer from post-natal depression.

Access to information One important thread discussed in the paper is a child’s right to identity

and access information about his or her origins. It’s an issue also faced by adopted children. “When information about a person’s origins is not available to them, they may struggle to establish their own sense of identity and experience a ‘deep psychological need’ to know who brought them into the world,” the commission says.

Children shouldn’t have to get an over-the-counter DNA test to find out their own whakapapa. They may have siblings or want to contact wider whānau.

No centralised information is held about surrogate children, although they can access some information under the Adult Adoption Information Act 1985.

A donor-conceived child can usually access information held on the HART register or by a fertility service provider once they turn 18. The Family Court can authorise disclosure when they are aged 16 or 17.

The commission’s options include changes to birth registration and certificates that could indicate a child was born as a result of a surrogacy arrangement, recording the surrogate’s name and the details of any donor.

These could be annotated to protect the privacy of surrogate-born children.

Or, a two-certificate system could be introduced. Both ensure the child

Tim had no rights in the whole process.

That was wrong. It was incredibly invasive especially since the baby was biologically his. The actual premise of the whole conversation is wrong is automatically given information about the circumstances of his or her conception.

International surrogacy New Zealand’s law doesn’t cover international surrogacy, which poses complex issues. Other countries’ laws may be regulated very differently and lack protections for the child, the surrogate and the intended parents, the commission says.

Parents who use overseas surrogates must then adopt their child in New Zealand to get legal parenthood here.

Dalley says in his practice he is often contacted by overseas-based New Zealand parents who have children through surrogacy. They may have been through the process of legal parenthood in the jurisdiction in which they live, such as the United Kingdom or United States. They need to go through the entire court process again

here if they want their children to be New Zealand citizens.

One of the big issues for surrogate parents will be the timing of the process, says Dalley. The commission will report to the minister just months before the next general election. There may not be time for any subsequent legislation to pass.

It’s one of the reasons Coffey is continuing with his private member’s bill. A new rule in Parliament means if he can get 75% support from nonministerial MPs, his bill can bypass the ballot. At the time of writing, he was three MPs short of that total but was yet to talk to the National Party leadership.

Coffey says the commission has been through a more thorough process than is covered by his bill. If the bill were to be tabled in Parliament in the next few weeks, it could become law before the next election. ■

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ADLS NEWLY SUITED COMMITTEE

Easing back into work after parental leave You might want to jump right in and start where you left off but there is no harm in taking it easy and getting used to your new juggle of parenting and working QUESTION: Dear Newly Suited Committee I have been on maternity leave for the past six months with my first baby, and I am set to return to full-time work in the coming weeks.

I am nervous and unsure about how to approach this and figuring out my new normal. I do not know how many CPD hours I need to do this year or how to reinstate my practising certificate. From your experience, how can I make the transition as easy as possible?

Thanks, #soon-to-be-working-mum

Easing back

Adjustment to becoming a working parent will not always be smooth. Kids get sick and they take forever to get out the door in the morning so go easy on yourself and set realistic expectations.

Consider talking with your partner about easing into work with part-time hours, whether that is shorter hours or fewer days, and slowly build your way back up to fulltime if this is what you want.

If you want to start fulltime, proposing a day or two working from home can help you manage the changes that come with being a working parent while also letting you get back into the swing of things.

Do not be afraid to talk to your partner about ANSWER: adjusting any break times if you need to express and where you can do this privately.

Hello #soon-to-be-working-mum (and dad) Talk about flexible working hours. If you are running Returning to work after having a baby can be late or need to leave at a moment’s notice to collect an daunting (and exciting) but in most cases the unwell child, ask if you can unknown is scarier than the make up the time when your reality.

We found that being a child is asleep or before he Prior to your first day, it is helpful to arrange a parent has made us better or she wakes in the morning.

Many firms are happy to meeting with your partner lawyers and does not accommodate this and do to discuss your return. in any way hinder your not stick to set working Here at the Newly Suited career progression.

We times.

Committee, we have found Your mental health is being upfront and honest is are more organised, timean important consideration the best way to ensure you efficient and pragmatic in how you structure your and your partner have the return to work and it is same expectations so both essential not to take on parties can be happy with too much too soon. Being the transition. a parent is hard and you need time to have a hot You might want to jump right in and start where drink at the end of the day. Do not try to over-commit you left off but there is no harm in taking it easy and to please your firm at the risk of burning out and getting used to your new juggle of parenting and compromising your health. working.

Below are a few topics you might want to consider Picking up where you left off discussing with your partner: You can also discuss where all your files currently sit 06

and how best you can come back in. If you have been in touch throughout your maternity leave, then you may be able to pick up some of your original workload.

But if not, let your partner take the lead on where he or she would like you to slot in.

No one is expecting you to come back and take on your full workload from day one, so speak openly with your partner about your capacity and how best to build this up.

Reviews and accrued leave If your company has conducted performance and pay reviews during your time off, discuss the opportunity for your review. It is important that you continue to advocate for yourself; being on maternity leave should not exclude you from these discussions.

It is also a good time to check in with your HR/ payroll team about leave accrued in your absence and understand how your annual leave is calculated and paid out after being on maternity leave.

Sick leave continues to accrue, but it is best to check your entitlement with HR. Every firm is different, so make sure you have the conversation around what to do if you need to take time off to look after a sick child and how that is managed.

CPD points Depending on what time of the year you return, it is important to double-check with the law society if you have any year-end CPD requirements to complete.

If you return after March, your CPD is pro-rated, and they can advise how many hours you will need to complete for that year.

Re-instating your practising certificate Inform your partner if your practising certificate has expired. Most firms will manage this on your behalf.

Managing your ‘new’ normal The one thing we have all learnt as working parents is that it is not guaranteed to be easy. There are so many ‘new normals’ you need to get to grips with and

Continued on page 08

Sep 17 2021 Issue 32

TRUST LAWS

Legitimate expectations and the law of trusts Anthony Grant Lord Walker was one of the best equity judges of recent times. In Scott v National Trust [1998] 2 All ER 705 he suggested, when sitting as a judge in the Chancery Division, that the law of legitimate expectation is applicable to the law of trusts. He said that although trustees

“are not under any general duty to give a hearing to a potential beneficiary… Nevertheless, if… trustees… have for the last 10 years paid £1,000 per quarter to an elderly, inpoverished beneficiary of the trust it seems at least arguable that no reasonable body of trustees would discontinue the payment, without any warning, and without giving the beneficiary the opportunity of trying to persuade the trustees to continue the payment, at least temporarily. The beneficiary has no legal or equitable right to continued payment, but he or she has an expectation. So I am inclined to think that legitimate expectation may have some part to play in trust law.”

What about children of a trust of which their parents are settlors and trustees, who decide the entire trust fund will be distributed to charity and the children will get nothing?

Ch 149. In that case, a person who had been permitted to enter the UK for a limited period of time was held to have a “legitimate expectation of being allowed to stay [in the UK] for the permitted time”. Lord Denning expanded on this theme in Breen v Amalgamated Engineering Union [1971] 2 QB 175, where he said:

The suggestion from a judge of the eminence of Lord Walker deserves respect.

He gives the example of a trust that has made quarterly payments to an ‘elderly impoverished beneficiary’ for 10 years and suggests that before the trustees of such a trust could discontinue the payment they may have a ‘duty to give a hearing’ to the beneficiary and ‘the opportunity of Anthony Grant trying to persuade the trustees to continue the payment’.

If the trustees decided to discontinue the payment without warning the beneficiary, it seems likely that Lord Walker would have set their decision aside.

The law of legitimate expectation has at its base the notion of fairness. The doctrine was created by Lord Denning in Schmidt v Home Secretary [1969] 2

Trustees who lead a beneficiary to believe a trust will make a particular payment but who change their mind and fail to make it may face a claim in estoppel but also, perhaps, pursuant to the doctrine of legitimate expectation

“…an administrative body may, in a proper case, be bound to give a person who is affected by their decision an opportunity of making representations.

It all depends on whether he has some right or interest, or, I would add, some legitimate expectation, of which it would not be fair to deprive him without hearing what he has to say.”

The law of legitimate expectation can lead to two outcomes. The first is an expectation of a right to be heard. The second is an expectation of a particular outcome.

I am not an expert in this area of the law but I believe that in general the courts prefer the first course, namely, an expectation of a right to be heard.

In the case of the ‘elderly impoverished beneficiary’ postulated by Lord Walker, I suspect most fair-minded people would say that trustees ought not to be allowed to discontinue payments without warning the person of their intention to do so and giving the person sufficient time to explain the extent of their need and what

the consequences would be if the payments were discontinued, so the trustees have a better understanding of the person’s degree of dependancy on the payments.

Lord Walker’s illustration was of a person who was impoverished but many beneficiaries are not. Some may have received benefits for decades and I suspect most fair-minded people would say trustees ought not to summarily stop all future distributions without giving such people an opportunity to be heard.

What about children of a trust of which their parents are settlors and trustees, who decide the entire trust fund will be distributed to charity and the children will get nothing? Should they have a right to be heard? I expect many fair-minded people would say they have a legitimate expectation of being heard before such a dramatic decision is made.

The law of legitimate expectation has had its home in administrative law. The notion of expanding its reach to the law of trusts may seem unusual but as the law is essentially concerned with the application of the principle of fairness, and as the notion of fairness underlies much of the law of trusts, there seems a reasonable justification for extending its use to trust law.

The law of legitimate expectation has some parallels with the law of estoppel – namely, that a person who relies on a promise or commitment to their detriment is generally entitled to some relief.

Trustees who lead a beneficiary to believe a trust will make a particular payment but who change their mind and fail to make it may face a claim in estoppel but also, perhaps, pursuant to the doctrine of legitimate expectation.

The applicability of the law of legitimate expectation to trusts is a subject that has been lost for many years in an overlooked judgment. It deserves to have a future.

Anthony Grant is an Auckland barrister specialising in trusts and estates ■

07

Events

Continued from page 06

Featured events

they are likely to change as your child grows.

Give yourself a break and know that it might take some time to find your new groove again. Keeping lines of communication open with your partner will enable you to get back to the job you love while also ensuring you are adjusting at a pace that works for you.

Your new family is a new priority, and you need to be given time to balance both and allow one to take precedence when needed.

Remember that you can do both jobs (being a parent and a lawyer) well. Do not let anyone tell you otherwise. In fact, we found that being a parent has made us better lawyers and does not in any way hinder your career progression. We are more organised, time-efficient and pragmatic.

All the best with returning to work and welcome to the enjoyable chaos that is being a working parent.

Read more here The Newly Suited Committee ■

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Sep 17 2021

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Issue 32

CRIMINAL LAW

How trauma and violence impact criminal lawyers Our research aims to be a first step in understanding more about the impacts of working in the criminal law, in the hope of better supporting the profession and students entering it

Yvette Tinsley & Nichola Tyler As many court visitors or news consumers will know, criminal law can be a mix of often horrific detail and seemingly dry procedure. Our current system, based in large part on the English adversarial process, embraces notions of the rational and dispassionate nature of law. There is an expectation the criminal courts will take an objective – almost clinical – approach to the human condition.

Yet despite this reputation for objectivity, in reality the criminal law is steeped in emotion. Historically, moral concerns have been instrumental in deciding what behaviours we criminalise. Criminal cases – certainly those that are not minor – often document painful times in people’s lives.

This means criminal lawyers are regularly exposed to traumatic material and emotions. Their job requires them to work with graphic evidence and distressing testimony, from which they are expected to emotionally detach. And all with the knowledge that case outcomes will significantly affect the lives of complainants, defendants, their whānau and communities.

But over the past two years, there has been much talk of the need for transformative change of the criminal justice process. And the experience of criminal lawyers is surely a key factor in calls for greater humanisation of the criminal law as part of the ongoing reform process

The impact We know lawyers as a group are at higher risk of poor mental health as well as occupational stress and burnout.

Yet there has been little research – and until now none based in New Zealand – that has qualitatively examined whether

(and how) criminal lawyers’ work affects their emotional and psychological well-being. Read more: The legal profession has a mental health problem – which is an issue for everyone There is even less research examining what we might do to address any negative outcomes for lawyers themselves and for the system as a whole.

We are in the early stages of a project that hopes to provide an evidence base about emotional impact, vicarious trauma and well-being in the criminal courts. Our research aims to be a first step in understanding more about the impacts of working in the criminal law, in the hope of better supporting the profession and students entering it.

In the process, we want to increase understanding about how criminal lawyers try to preserve their own wellbeing, what methods are successful, and how they might manage emotions positively to improve their experience and outcomes at work.

Trauma is everywhere Under the umbrella of the project, one of our researchers has looked at the experiences of Crown prosecutors, who are exposed to some of the most violent and harmful criminal offending.

Prosecutors described several types of traumatic material and the emotional consequences, observing that ‘trauma is everywhere’. Written, visual and aural exposure to traumatic material is the norm, but face-to-face meetings with complainants are understandably the most difficult for prosecutors to manage and distance themselves from.

Prosecutors have a profound sense of responsibility for case outcomes and for larger problems of the criminal justice process, including over-representation of Māori as defendants and complainants. They feel professional inadequacy and guilt if they don’t secure convictions. They experience difficulties in dealing with cases that mirror their own personal trauma or have personal significance for them or their whānau.

It was common for the prosecutors interviewed to report an inability to sleep, an increased sense of concern for the safety of themselves and their loved ones and limited emotional capacity for personal relationships.

Prosecutors told us about coping mechanisms they use to help them maintain professionalism, such as setting emotional boundaries, creating a courtroom persona to ensure they do not show emotion and even aspiring to become desensitised.

Good working relationships and self-care help protect their well-being. But what prosecutors told us about the pressures of their work, self-criticism and workplace culture all suggest much more needs to be done to address the impacts of working in the criminal law.

Continued on page 13 09

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Sep 17 2021 Issue 32

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IN PERSON

LIVE STREAM 11

CPD IN BRIEF

Evidence law seminar

Limitation: a map for the minefield

In Person | Live Stream 2 CPD hrs Thursday 21 October 4pm – 6.15pm Presenters Scott Optican, Associate Professor, University of Auckland and Jack Oliver-Hood, barrister

Webinar 1.25 CPD hrs Tuesday 26 October 1pm – 2.15pm Presenters Philippa Fee, partner, Fee Langstone and Tim Rainey, barrister, FortyEight Shortland

Learning Outcomes Update your knowledge of the current versions of key provisions of the Evidence Act 2006 and recent case law on those provisions from the High Court, Court of Appeal and Supreme Court.

Learn about potential legislative changes to the Evidence Act 2006.

Gain practical and useful insights into the application of evidence law in civil and criminal cases.

IN PERSON

LIVE STREAM

This webinar will provide a map for the limitation minefield: discussing the key aspects of limitation law from the Limitation Act 2010 and elsewhere, which can trip up even the most seasoned litigators.

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Leading Your Career Wellington

Workshop 8 hrs Thursday 28 October 8.45am – 5pm Facilitators Miriam Dean QC and Liz Riversdale, Catapult

Exclusively for women Lawyers with 6+ years’ PQE. Take charge of your career and realise your underlying potential. This practical, interactive one-day workshop, led by one of New Zealand’s top QCs and one of New Zealand’s senior leadership experts, will arm you with resources, self-confidence and focus to apply immediately to your role and to enhance your future career.

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‘Court’ by forensics

Workshop 4 hrs Saturday 30 October 9am – 1.15pm Presenters Tom Coyle, managing director, Forensic Insight Ltd and Allie Coyle, director, Forensic Insight Ltd

Forensics never goes away. It’s everywhere and every contact leaves a trace.

This workshop will take you behind the scenes as a crime scene investigator, so you get a greater understanding of what type of evidence is preserved from the scene and used effectively in court. Understand the importance of chain of evidence and get an insight into how to deal with expert forensic witnesses.

Numbers strictly limited

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Valuation Disputes in Family Property Cases Wednesday 3 November | Webinar | 1 CPD hour Visit adls.org.nz for more information.

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Sep 17 2021 Issue 32

Continued from page 09

Chancery Chambers office for rent

Safer process Unlike other professions dealing with human trauma, criminal lawyers are very rarely offered professional debriefing or support by a psychologist. Different institutional and professional care needs to be explored, as do ways to prepare those entering the profession for the reality of criminal justice work.

To produce a robust set of findings that reflect the experiences of both prosecutors and defence counsel, we’re expanding the research we’ve already done by conducting further interviews over the coming months.

From this, we hope to make recommendations about changes that could be made in the profession and to its support structures. And from there, to consider the experiences of other criminal justice professionals, especially those who work in the criminal courts.

Criminal law is a profession whose inner workings remain largely invisible, until a high-profile case makes headlines. But maintaining a healthy workforce is integral to a responsive and safe criminal process for all. ■ Yvette Tinsely is a professor of law at Victoria University and Nichola Tyler is a lecturer in forensic psychology at Victoria University If you are a legal professional working in the New Zealand criminal courts and would like to participate in this research, please contact Yvette.Tinsley@vuw.ac.nz, Nichola.Tyler@vuw.ac.nz, or visit the Firesetting and Forensic Mental Health Lab for more information.

This article first appeared in The Conversation and is republished with permission ■

Three office spaces are available in the heritage Chancery Chambers building on the corner of Chancery and O’Connell Streets.

12.27sqm net located on the fifth floor, internal facing.

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21.16sqm net located on the fifth floor, consisting of two smaller adjoining offices, internal facing.

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33.71sqm net located on the third floor of the O’Connell Street side of building.

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Opex includes reception to greet clients/receive couriers, kitchen facilities, copy room access and use of shared meeting rooms.

Please contact Krystal Marshall on (09) 303 5277 or krystal.marshall@adls.org.nz for more information

Towards Sustainability: The Role of the Law Firm Tuesday 16 November | 4.00pm - 6.15pm A thriving, resilient, safe, and ultimately sustainable world is an enticing prospect. It’s also an imperative. What responsibilities do lawyers and law firms have to help bring about that future?

T 09 303 5278

E cpd@adls.org.nz

W adls.org.nz/cpd

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Bookstore A convenient, one-stop-shop for all your legal resources ADLS members, including student members, receive a 10% discount

Visit the online bookstore:

adls.org.nz/bookstore Phone:

09 303 5270 Email:

thestore@adls.org.nz

The ADLS Bookstore couriers nationwide.

Or, browse in person at: The ADLS Bookstore Ground Floor Chancery Chambers 2 Chancery Street Auckland CBD

Burning Issues Forum 2021 Tuesday 9 November | 4.00pm - 6.00pm Presenters: Philip Skelton QC, Bankside Chambers; Mere King, Partner, Buddle Findlay; Liz Coats, Partner, Bell Gully; Shelley Kopu, Lawyer, Shelley Kopu Law; Rosemary Wooders, Senior associate, Bell Gully Chair: Rachael Judge, Senior associate, Simpson Grierson Followed by drinks and nibbles.

T 09 303 5278

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E cpd@adls.org.nz

W adls.org.nz/cpd