Canterbury tales

Canterbury tales Canterbury Westland Branch New Zealand Law Society

December 2012, Vol. 18, No. 11

CLC celebrates 30 years By Penny Arthur Thirty years ago in 1982 a group of law students from the University of Canterbury developed an advice service for the Christchurch community. With the help and support of the faculty from the School of Law, the students set about helping people with “unmet legal needs”. What the “unmet legal need” was in Christchurch was established through a door-to-door survey that was carried out by the students over the summer of 1981-1982. Through a lot of hard work and dedication, the Christchurch Student Community Law Centre was opened on the 19th of April 1982. Ten years later in 1992, as part of its tenth birthday celebration, a booklet was prepared that detailed stories of staff, board, volunteers and clients of the law centre. In that document, Janice Donaldson wrote “The survival and dynamism of a group such as the Community Law Centre which involves the marrying of the disparate viewpoints of ‘Law’ and ‘Community’ is a testimony to the commitment of many people”. Twenty years has passed since this was written, and Community Law Canterbury is still committed to helping the people of Christchurch. The past 30 years has seen a significant number of people commit their time, expertise, and energy to Community Law Canterbury and its underlying philosophies. Like many who arrive at a significant age Community Law Canterbury almost saw its thirtieth birthday pass unnoticed. However, as

Death notice The Council of the New Zealand Law Society Canterbury Westland Branch records with regret the death on 23 November 2012 of Laurence Cooney, Barrister and Solicitor of Ashburton.

The Community Law Centre team....and dog. good friends do, the School of Law at the University of Canterbury and the Canterbury Westland Branch of the New Zealand Law Society did not let this milestone go unnoticed and arranged a birthday party to celebrate. So on the night of the 8th of November 2012 friends and family celebrated the past, present and future of Community Law Canterbury. The evening was an opportunity for staff, board members, volunteer students and volunteer solicitors, and friends of Community Law Canterbury to reminisce over the past 30 years of the organisation, and to celebrate its achievements.

Season’s greetings

It was also an important occasion to celebrate all the organisations in the Christchurch, Canterbury and West Coast regions that work to provide information, advice and education to those living on the margins to provide them with a brighter future. Throughout the evening many were honoured for their contribution to the law centre, and importantly it was noted that not everyone who has contributed over the years could be individually acknowledged for their work, however everyone should feel proud of their hard work and dedication to make the law centre what it is today.

Malcolm, Sandy, Valerie, Susan, Zylpha, Philip and David at the Canterbury Westland Branch NZLS and Julia, Mary, Theresa and Sarina at the Library wish all practitioners and their families a safe and happy Christmas and New Year. We would also like to thank everyone for their assistance throughout 2012.

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Vino Fino Photo Caption

Each month we have a photo caption competition where we invite you to submit a caption. The winner will receive two bottles of wine sponsored by Vino Fino (www.vinifinoco.nz, 188 Durham Street). Send your entry to the Canterbury Westland Branch New Zealand Law Society, P.O. Box 565, Christchurch. Or email to [email protected]. All entries must be received by February 9 2013. The winner will be announced in the next edition of Canterbury Tales.

The winning entry for last month’s picture (below) was submitted by Markham Lee. “Oh so that’s where the ping pong ball went!.”

President’s Column The Public Defence Service has arrived in town. It is the last of 11 Public Defence Service offices which have been opened around the country, with a stated aim of taking on 50% of the publicly funded criminal defence caseload. This will be viewed with dismay by those whose practice has a significant component of criminal legal aid work. For some of them, it will be the final nail in the coffin of their financial survival. When legal aid rates were cut, the criminal legal aid lawyer resorted to a low overhead, large volume, practice. However, when even the volume goes, it becomes simply untenable to practise fulltime in this area. The jury is out as to whether, in fact, the PDS will save money, or whether that money is equally or better spent funding those in private practice. That said, it is good to see at least some local faces, including Kerryn Beaton and Richard McGuire, employed on the PDS team. However, I do wonder who, now, is going to provide the training ground for young criminal lawyers? Even the PDS, with the financial imperatives it is working under, cannot afford to take on and train a significant number of new graduates. Instead they are looking to employ lawyers who have at least some experience. With little incentive for firms to do criminal work, and even less to carry a junior staff member when the rates are so low, I suspect that the establishment of the PDS is just kicking the can down the road in terms of providing cost effective criminal defence legal services for those who can’t afford them. We will reach a point, in a few years’ time, where the next generation of criminal defence lawyers just isn’t coming through, and either the PDS or the private sector will need increased funding so that it can afford to fill the gap. Another change for the legal profession next year will be the introduction of compulsory professional development. The NZLS has been working on rules which provide the legal framework in which these obligations are met and has consulted on the latest draft approved by the Board. Sensibly, the rules have been developed to provide significant flexibility as to what constitutes an approved professional development activity. For example, preparing

and presenting seminars, attending in-house seminars, writing articles and participating in organised study groups are all ways in which the requirement can be met. This recognises that the traditional model of attending professionally delivered seminars will not suit all lawyers because of circumstances such as their geographical location, financial constraints or the specialised nature of their practice. However, I have reservations about aspects of the proposed requirement to maintain a professional development plan. While the rules understandably require a record to be kept of the professional development activities undertaken, they also require each lawyer to record their “reflections” on each activity they have completed. If it is carried through into the final version, I believe it will be more honoured in the breach than in the observance, particularly by senior lawyers. While such an exercise might be useful for junior practitioners in their first years of practice, my own view is there is little merit in making it compulsory to write “reflections” on professional development activities. As lawyers, we are educated, intelligent, and generally fairly independent thinkers, and such exercises will have the most utility when we voluntarily choose to do them. However the rules are pretty close to being finalised now so we will just have to see if I am right or wrong! Finally, I note with much sadness, the death of a local legal identity, Laurence Cooney. Laurence was living proof that you do not need to be based in a city, to have a successful, profitable and well-regarded legal practice. Laurence’s intellect, tenacity, and love of life, will be remembered by all of us who knew him. Our sympathy and support goes out to his family and to his colleagues at Cooney Silva & Evatt. I trust you all have a happy Christmas and a well-deserved summer break. Rachel Dunningham

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.....and a merry mediation It’s creeping up to Christmas time, and St Nicholas has decided he wants to start this December by finally getting his various legal battles under control. St Nick enjoys a bit of a court battle now and then, but argy-bargy with one particular tenant is really dragging on, and he’s decided he’d rather spend his money on new pressies for the kiddies and shiny new shoes for Rudolph. Thankfully, St Nick and his wife are residents of New Zealand, and he’s just discovered that mediation is really catching on there. St Nick thinks that mediation is just the ticket for sorting out his niggly problems with his tenant, Mr Chris Grinch. “I’m definitely going to give this mediation malarkey a try,” he announces to his wife, pulling on his shiny black boots. “I can’t wait to see the look on Grinch’s face when the mediator gives him a sound telling-off.” “That’s not how it works, sweetums,” Mrs Nick replies, helping him on with his coat. A retired civil litigator, she has contacts in the justice sector and knows what’s what. “The mediator’s impartial, you know, so all the blustering in the world won’t sway her.” “Huh,” says St Nick, who’s never blustered in his life, despite having been sorely tempted. “But surely she’ll see that Grinch is an idiot, and I have the law on my side?” “Mediation’s not about deciding who’s an idiot,” says Mrs Nick, who feels that’s really a job for long-suffering wives. “It’s about coming to a mutual agreement.” “Mutual agreement?” St Nick is a bit dubious. “I’m not going to agree to anything below my

bottom line. Look, I decided my bottom line last Christmas.” He shows her a six-digit figure, scrawled on the back of a sleigh parking ticket. Mrs Nick takes the ticket and gently tosses it into the fire. She’s fairly certain that Nick had been well into the sherry when he came up with that figure. “It’s really better to go into mediations with an open mind,” she explains. “You’d be surprised at how versatile and imaginative settlements can be — it’s often a case of the parties coming to agreements involving several dimensions, not just financial.” “Ye-es...” St Nick rubs his beard. “But if I don’t have a bottom line, how can I be sure that the Grinch won’t bully me into some sort of travesty? He’s got a very strong personality, you know. And he’s not above using sneaky tricks you remember the year he stole Christmas.” “He was acquitted of that,” Mrs Nick reminds him. “But don’t worry, my dear — part of the mediator’s role is to guard against bullying tactics. If a settlement would be grossly unfair to either party, then the mediator won’t allow it.”

“Hmph. I suppose I could always bring my lawyer with me. He can run the show.” Mrs Nick hands him a bagged lunch — diet eggnog and a fruit mince tart. “Unlikely, dearest. Your lawyer should work with your mediator to allow the process to be client-led. That way, the parties can come to more robust agreements, and feel more empowered in the process.” St Nick frowns, wishing he felt more empowered in the process of asking for full-fat eggnog, “I suppose you know best, dear.” “Of course I do.” She gives him a peck on the cheek. Who knows, she thinks, if the mediation with Chris Grinch goes well, maybe Nick will finally be willing to enter into negotiations with the elf workers union. And then they’ll all have a merry Christmas... Merry Christmas to all from the team at McCormack Mediation! If you or your clients are having Grinch problems, call Sue (021 517 688) or Prue (021 222 4848), or visit our website www.mccormackmediation.co.nz.

New PDS office in Chch A new Public Defence Service (PDS) office has recently opened in Christchurch on the former Environment Court site on the corner of Armagh and Durham Streets. Christchurch Crown prosecutor Kerryn Beaton has been appointed deputy Public Defender and will a team of 14 criminal lawyers — a mix of senior through to junior — in providing criminal legal aid services in Christchurch. Like other PDS offices now operating in the main centers, the Christchurch office will take up to half of all category one and two criminal legal aid cases and build up over time to take half of the category three and four cases in the Christchurch High and District courts. It will also lead the Christchurch duty lawyer service. At the official opening on 3 December, Associate Justice Minister Chester Borrows said the PDS is based on an internationally successful model of mixed private/public legal aid provision and delivers quality and cost effective duty services to some of the most vulnerable New Zealanders. PDS Christchurch is the tenth and final office to be opened as part of the planned PDS expansion.

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Judge Peter Boshier farewelled On a Thursday in November the great and not so great of the Canterbury Family Law Section (others!!) gathered at Rossendale Winery to acknowledge the retirement of the Chief Family Court Judge, Peter Boshier. It was a nippy night made colder by the marquee to which we were relegated (hospitality providers N.B. — the FLS is not the Criminal Bar of yore) where the heating lacked calor. However, the consumption of alcoholic beverages warmed your cockles if not your toes and we prepared to enjoy ourselves in this period of an aftershocking lack of collegiality. Gary Collin gravely opened the proceedings and then his Chambersmate, Colin Eason, by way of a lengthy and labyrinthine fairy tale, introduced His Honour. Fortunately, His Honour was still amazed by Colin’s introduction and admitted that he was totally lost in the allegory and, in his response, spoke of the changes we were facing as a profession, mercifully succinctly, given the chill in the air, the distance to the lavatories and the time of night. Our thanks go to the FLS for organising such a dinner which was a rare example these days of our being able to socialise as a group and remember how it was. Karen Feltham

For James Clive’s “inside story” on the farewell dinner for Judge Peter Boshier see Page12

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Weather spices up Devils Own By Brendan Callaghan

When Neil Finn and Crowded House sang about four seasons in one day, they might well have been referring to the weather that was encountered at the Devil’s Own golf weekend held in Methven over the weekend of 2-4 November. While not being experienced all in one day, the weekend weather was really Jekyll and Hyde stuff. The Friday round saw players having to contend with a howling Nor-wester and warm temperatures. Some handled those conditions well and the scoring was good. After enjoying the clubhouse snack and rehydrating with a few beverages the players returned to Methven resort for introductory drinks. After the formalities were concluded the registrants headed off into the balmy Methven evening to sample the fine hospitality of one of the local establishments. Little did they know what would greet them on Saturday morning....there were reports that it wasn’t snowing at 3am when some got back to the resort, but come 7am when the snow was starting to settle, a decision was made to delay the start time and reassess later in the morning. As the snow continued to settle a number of card schools broke out and people went about their day waiting for something to happen. Eventually, a decision was made to have an early lunch at the golf club with a 12pm tee off. While the snow was clearing the keen southerly kept temperatures down, and the players on their toes. Thankfully we were all fortunate enough to enjoy a four-hour window with no snow or rain and the qualifiers for Sunday’s salver matches were able to be determined. The Saturday night dinner was to be held at Terrace Downs Resort. As people made their way to the buses, the weather again closed in. The sight that greeted everyone at Terrace Downs was spectacular. The snow was again settling in and the outlook was something to behold. After enjoying a wonderful buffet meal and concluding arrangements for Sunday the buses returned to Methven and collegiality continued on again until the wee small hours. Sunday’s conditions were brisk to start with but once the sun broke through and the players thawed out, it was a sensational day. We really had seen it all. With conditions bordering on perfection, the players only had themselves to blame. When the scores were tallied, Geoff

Baxter and Russell Law emerged victorious. Geoff is making quite a habit of winning Law Society golf tournaments these days so well done to both of them. As always a huge vote of thanks is due to the organising committee. Without their tireless efforts an event like this, which is so well attended and supported could not happen. Thanks too to the staff and members of the Methven Golf Club for allowing us to take over their course and clubhouse for the weekend.

To Mark and Anne at the Methven Resort for providing the accommodation and the hearty breakfasts. Finally thank you to all the sponsors, SBS Bank, Harcourts Twiss-Keir, Chambers Strategy, Marsh, Infinity Law and Bryan Andrews - Auctioneer for again supporting this wonderful event. If you have not yet had the privilege of participating in this weekend you are missing out. Don’t let the opportunity pass you by next year.

Top, Celia Barker and Jacqui Lowe; Bill Brown, Mike Sweeney and Dean Palmer. Below, general shots of dinner and golfers getting ready for action.

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The year that was — lo February

NZLS Chief Executive Christine Grice, with Scott Fairclough and Gerard Richardson at a cocktail party for local practitioners hosted by the NZLS at the Westpac Hub. The NZLS Board held its February meeting at the Hub.

May

Professor John Burrows is awarded an honorary doctorate by the University of Canterbury.

August

Laughter the best me Ellis, Susan Newman back on some tesing

March

June

Canterbury Westland Branch president Allister Davis accepts an Earthquake Community Award from Earthquake Recovery Minister Gerry Brownlee. The award was in recognition of the branch efforts in the aftermath of the February 2011 quake.

Junior Practitioners, whose social activities had been somew curtailed by the February 2011 earthquake, got back on the trail ‚ the wine trail with a bus trip to North Canterbury.

April

July

Above: Kathryn Dalziel, Ian Hunt and Chris McVeigh QC who represented the Senior Lawyers in the Great Debate with Junior Lawyers. The subject was Experience v Enthusiasm — Do Young Lawyers Do It Better? The result was a draw. Right: Julian Clarke, left, presents the Hunter Cup to Mark Sherry.

Outgoing Branch president Allister Davis, second from left. was among friends at his farewell thank you func

Canterbury tales

ooking back on 2012 October

edicine. The Canterbury Westland branch team, Malcolm n, Sandy Hopkin, Valerie McTurk and Zylpha Kovacs look times in Homersham Place.

September

Paul Dorrance, a partner at Duncan Cotterill, puts his dukes up for St John Ambulance in the annual Fight for Christchurch. With him is Pete Cain, St John district operations manager.

what

m ction.

Above, a table at the Canterbury Westland Law Dinner, which also doubled as a farewell to Sir Justice Andrew Tipping. Right, Janet Dick, the 2010 winner, and Amanda Mitchell, the 2011 winner, with their local NZLS Gold Medals in Law. Below, the Pistè Monkeys (Duncan Cotterill), the fastest law firm at the Lawyers v Accountants Ski Day.

November

The Rhone Rangers, the Cameron and Co team which was the overall winner at the Wine Options and Quiz Night.

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Case summaries (59) Messenger v Goodman - Stevens, French & Venning JJ, Court of Appeal, [2012] NZCA 535, 16 Nov 2012 VENDOR & PURCHASER - BREACH OF CONTRACT - SETTLEMENT TENDER Successful appeal from dismissal of claim for breach of contract - appellant vendors sought damages for loss on resale of residential property at Milford - agreement for sale and purchase of 1 Dec 2006 provided for sale to respondent purchasers for $5,995,000 payable in instalments of $2,750,000 on 18 Dec 2006, seven quarterly payments of $61,875 from Mar 2007 and balance of $2,811,875 on 18 Dec 2008 - agreement on ADLS/REINZ form, 7th ed (1999) provided for: - (i) possession date of 18 Dec 2006; - (ii) settlement under clause 1.1(3) to be on possession or such other date as parties were to perform obligations under clause 3.7 (which included payment of balance of purchase price); - (iii) caveat to be put in place by vendors under inserted term in clause 15 - prior to date for first payment and possession on 18 Dec 2006, dispute arose regarding intended settlement date with appellants contending settlement was to occur on final payment in Dec 2008 and respondents insisting on settlement on first payment and possession - dispute was not resolved and respondents lodged caveat and issued proceeding seeking rectification of contract that proceeding was discontinued with both parties reserving their rights under agreement - in Dec 2008 respondents failed to comply with settlement notice served by appellants and in Mar 2009 appellants cancelled the agreement - property was resold in May 2009 with shortfall of $1.565M following removal of caveat by Court - respondents’ solicitor did not

make mention of or tender settlement in Dec 2006 or at any time prior to cancellation and resale - appellants’ solicitor did not tell respondents’ solicitor not to tender settlement at any time and was not asked at HC hearing what he would have done had settlement been tendered on 18 Dec 2006 - HC dismissed appellants’ claim for losses on shortfall on basis appellants were wrong in their interpretation of the contract regarding settlement date and were in breach in failing to transfer title in Dec 2006 - HC conclusion regarding Dec 2006 settlement date accepted on appeal - grounds of appeal that respondents were nevertheless in breach of contract by failure to tender settlement then or at any time thereafter - that issue was not addressed by HC because of focus on disputed settlement date - focus on appeal whether HC was right to find loss attributable to appellants’ failure to transfer title and not failure to pay purchase price in circumstances where respondents had never tendered payment - key issue whether on evidence respondents had discharged burden of proving that tendering payment on 18 Dec 2006 would have been an exercise in futility high threshold required for Court to find the formal tender wound have been futile - leading authority relating to tender of settlement monies is Bahramitash v Kumar - test applied by CA whether it was a foregone conclusion that tender would not have been accepted if respondents had tendered payment on 18 Dec 2006 - burden of proof on respondents who did not participate in appeal - HELD: (1) respondents not able to establish on evidence that rejection of settlement tender would have been foregone conclusion - appellants’ solicitor did not advise respondents not to tender settlement and indicated he was looking at other options given possibility he might be wrong about settlement date - appellants’ position in handing over title in exchange for less than half purchase price and doubtful

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protection of caveat not so hopeless as to support inference that tender would have been futile or need for tender had been dispensed with - possibility that appellants might have felt compelled to settle could not be excluded; (2) respondents had obligation to tender payment due on 18 Dec 2006 and were in breach of contract by failure to do so respondents could not rely on appellants’ failure to give title - absence of tender meant appellants were not in breach; - (3) contract remained on foot until Mar 2009 when it was validly cancelled for non payment of purchase price - appellants could have cancelled earlier and resold on better market but it was reasonable to wait because of uncertainty over contract and caveat and rectification proceedings by respondents; - (4) loss suffered on resale of property was direct consequence of respondents’ failure to settle and appellants entitled to recover loss of $2,881,708.20 including interest under contract to date of resale and legal costs - result: - (i) appeal allowed; - (ii) decision of HC quashed; - (iii) judgment entered in favour of appellants in sum of $2,881,708.20 with interest at prescribed rate under Judicature Act 1908 on sum of $1,735,985.51 from 4 May 2009 to date of judgment; - (iv) respondents to pay costs for standard appeal on band A basis plus usual disbursements.

Comings & Goings Joined firm/organisation Julie Broad (GCA Lawyers, from Davys Burton, Rotorua), William Hamilton (Duncan Cotterill, from Gibson Sheat, Wellington), Renee Powell (Helmore Bowron & Scott), Emma Taylor (Argyle Welsh Finnigan, from AWS Legal Invercargill).

Moved Sarah Clinch (Shannon-Leigh Litt to Nick Morley), Bridget Ayrey (to Ministry of Public Defence, was sole practitioner).

Change of Status Jane Austin, director of Stevens Orchard Lawyers Ltd, Westport as from 1.12.12. Shaun Cottrell, partner with GCA Lawyers, as from 1.12.12. Martin Boyce, retired from partnership of Clark Boyce, to remain as consultant from 1.12.12.

Change of details Mobile Conveyancing Services (D A Terris), phone (03) 338-9808, fax (03) 338-3969. Stefan Kaminski, barrister, phone (03) 3120652, cell 021 036 4948, email [email protected].

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Library returning to town By Julia de Friez Librarian Glad tidings! Your Law Library is to return to the Courts Building in early 2013! We have had a long nervous wait for this news, while various building remediation issues were resolved and then possible alternative uses of the Library space were considered. Like many Christchurch workplaces post earthquakes, the Ministry of Justice has been under great pressure for space in the Courts building. But after nearly two years in exile, it has recently been confirmed that the Law Library can return to the Courts Building in Durham Street. We are very grateful for the assistance and cooperation of the Ministry of Justice staff involved, and many thanks to Rachel Dunningham and Allister Davis for their excellent advocacy work on the Library’s behalf. Thankfully, we can now all look forward to the Library’s return home, sometime around April 2013.

Changes Due to the space pressures faced by the Ministry, we have been asked to relinquish two areas of Library space. The Library will no longer occupy the alcove area (under the mezzanine) where the Canadian and Australian materials were shelved and will also vacate one office space. There will also be changes to how practitioners access the Library, although importantly afterhours access will still be available through the Chester Street West entrance. So while a small

reduction in space must be accommodated, we are confident we can still provide a quality law library facility in the Courts building. A progress report will appear in the next issue of Canterbury Tales (February 2013).

Holiday period The Library will close 5 pm Friday 21st December 2012 and re-open Monday 7th January 2013, at 8.30 a.m. Best wishes to all for a safe and enjoyable festive season from Julia, Mary, Theresa, and Sarina.

Timaru get together South Canterbury practitioners got together for drinks at the South Canterbury Club in Timaru on Thursday 1 November. There was a very good attendance with more than 40 lawyers turning out. They were pleased to also welcome the area’s new resident judge, Her Honour Judge Maze. The South Canterbury bar does not have a regular schedule of social occasions but, as always, everyone thoroughly enjoyed this event and determined that more should he held. We are lucky to have a very collegial bar and it was good to get together and catch up, as well as a great chance for the younger practitioners to be introduced to their colleagues. Alice Caird

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Canterbury-Westland Branch/NZLS

Education Programme Proudly sponsored by

NZLS Continuing Legal Education (CLE Limited) To register and for other information check the CLE website, ww.lawyerseducation.co.nz

Christchurch February 15 — Triple your memory and confidence and halve your stress. 28 — New High Court Case Management Regime. March 11 — Dealing with Difficult People. 21 — Trust Account Administrators 2013. April 5 — How to double your productivity and work enjoyment. 9 — Equitable Remedies. 15 — Building Profitability Leverage leadership and Management.

2012 Corporate Challenge

Wynn Williams excel The rays of the sun shone brightly through the trees, their leaves fluttering gently in the light breeze. Hagley Park sat tranquil, majestic, peaceful, warm and inviting on a magnificent spring Canterbury evening. Peace and tranquility soon gave way to the noise of thundering footsteps and strained breathing as the 2012 Corporate Challenge got underway with 369 participants taking to the course. This year’s course was two laps of 2.5km around part of North Hagley Park. This year’s Challenge was a great success for Wynn Williams with the firm taking away six pieces of silverware, albeit only four with absolute certainty (pending verification of results), to defend 2011’s clean sweep for the legal awards. The successes were: Winner: CEO men’s - Matthew Jones. Winner: CEO women’s - Annabel Sheppard. Winner: Team Men’s Legal. Winner: Corporate Clothing. Winner: Team Women’s Legal (waiting confirmation from organiser). Winner: Team Mixed Legal (waiting confirmation from organiser). Sixteen staff from Wynn Williams took part in the event and everyone finished it. Competition amongst the law firms was rife with teams entered by Buddle Findlay, Duncan Cotterill, Malley & Co, Young Hunter, Goodman Tavendale Reid and Lane Neave but none could unseat the defending champions in the legal categories. Many organisations took the opportunity to enjoy the pleasant evening with a barbeque and a well-earned drink. A big thank you to the organisers and helpers on the day.

Out of Christchurch The PRA in the GFC Intensive, Auckland, 20 February 2013; Wellington, 22 February. Criminal Law Symposium, 22 February, Wellington. Mediation for Lawyers, Part B, Family Law 2013, Wellington, 1-3 March; Auckland 1214 April. AIJA, The pursuit of excellence and innovation in courts and tribunals, Auckland, 7-9 March.

The Wynn Williams Corporate Challenge team.

Canterbury tales

Court Jester

Situation Vacant

An elderly man was stopped by the police around 2 a.m. And was asked where he was going at that time of night. The man replied, “I’m on my way to a lecture about alcohol abuse and the effects it has on the human body, as well as smoking and staying out late.” The officer then asked, “Really? Who’s giving that lecture at this time of night?” The man replied, “That would be my wife.”

Practice Notice

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And the band played on By James Clive, socialite and former employee of GCSB

It is a fact that in Downton Abbey they pull out all the stops when a dignitary shows up for a special event, because class goes a long way in high society. It is equally true that the Family Section of the New Zealand Law Society is the closest thing Kiwis have to aristocracy. Those who follow the TV series will recall it began with news of the tragic sinking of the SS Titanic, essentially a collection of well-educated people adrift in a cold and heartless environment with only a limited amount of panna cotta to go round. So I’m sure, dear reader, you will be pleased to read this fly-on-the wall account of the biggest social event on the 2012 calendar — the valedictory dinner for Judge Peter Boshier, Monarch of the Family Court. Monday - 2/22 +601 The day is hard and grey and so is Garry Collin as he swings his team into action. Today sees planning start for the big one: the Principal Family Court Judge has chosen Christchurch as the place to hold his farewell dinner. The hive is a buzz of activity and right on time the phone rings. PB: Garry, we’ve got this thing in Christchurch coming up. I know you’ve got your heart set on the Antarctic Centre but post-quake I want to show the local folks I’m as tough as them. My friend owns a cafe out in Tai Tapu, he’ll pop a tent up for us. GC: Sir it gets pretty cold out that way, I’m not sure it’s a good idea. PB: What doesn’t kill us, Garry. GC: Well I guess we could get some heaters... PB: NO! I don’t want people to think I’m soft. (background): Garry. Garry! Is that Peter? Can I talk to him! GC: Bugger off Colin. PB: Who’s that Garry? GC: Aaah, one of the helpers. He’s organising the entertainment. (background): PETER! Hey Peter it’s Colin! PB: Oh hell, didn’t you get rid of Eason from the organising team? GC: Yeah, well... PB: He better not have booked that clown who does goat autopsies again — Sheryl lost her dinner all over my good pants in Dunedin. GC: No, I assure you Sir, Professor Scalpel McHaHa will NOT be making another appearance. PB: Well I’ll give Greig and Caldwell a call just in case. Get a good old fashioned sing-along going, the simple folk like that. GC: Simple folk... you mean the lawyers? PB: No. Greig and Caldwell.

Wednesday - 2/22 +620 Colin’s presentation slowly devolves from a Somewhere on the side of the Old Tai Tapu formal speech into a Grimm’s fairy tale with road, 7 p.m. As the first snows of summer start little meaning (much like his submissions falling a group of swarthy women erect a large observes one wit) but at least Sheryl looks gypsy tent. Leading the band is a she-lawyer happy that there are no goats this time. About known as “The Felth”. two hours into it Big P stands up and announces The monotonous song of the ice picks carving he’s just going outside and may be some time. holes in the permafrost ring out, attuned in an Yet another hour later he’s found by some wait almost prescient way to the speeches that will staff and returned to his wife, stiff with cold. be given in less than a week’s time on this Colin’s speech is ending; it’s time for some very spot. entertainment. Friday. PB-Day. 2/22 +626 As Tony Greig, Professor John Caldwell and the 626 days since ground zero struck Christchurch great Judge Boshier tune up, many in the and Garry bravely jokes that we’re still in a tent. audience notice a line of Japanese tourists Big Peter snorts. Junior lawyers, uniformed in outside the tent’s plastic windows. Some are crisp white, hurriedly crawl round collecting taking photos of the penguins. The junior what came out. One youngster remarks how lawyers dressed as waiters hustle them back exciting it is to be in The Presence, but nobody onto a tour bus. listens nor cares. As the band plays on the family lawyers, By some freak of nature the temperature inside bespoked in their finest garb, head to the the tent is a consistent 8 deg C less than the lifeboats to seek warmth and — perhaps — a air outside. The tribal tables each handle this little sanity back in the world beyond the small adversity in their own way. Some huddle cold tent on Old Tai Tapu Road. together for warmth under mink blankets, Bon voyage Your Honour. Many thanks for your whispering kumbaya. firm grip on the rudder these past years. In Some gather the linen napkins in the centre of parting we would like to give this gift, we call their table and are racing against evolution to him ‘Colin’. Don’t feed him after midnight. discover fire. Various things are rubbed together: toothpicks, wine bottles, even lawyers. The thought of warmth lessons as the frotting increases but it is little compensation. At the noisy table someone suggests slicing open Tyrrell and crawling inside, but no one remembered to bring a lightsaber. The lights go down and the crowd laments. Small as they might be these were the only source of heat in the room. But hush! A furtive figure approaches the microphone and gingerly picks it up. “Hello everyone,” he says, “My name John Caldwell, Tony Greig and Judge Peter Boshier are on the same song sheet. is Colin.”