New Zealand Law Society - Session topics

Session topics

Pre-Conference Seminars - Thursday 13 March

AML workshop: Department of Internal Affairs & Financial Intelligence Unit

Dave Bealing (Detective Senior Sergeant, New Zealand Police)

Further details about the workshop will be provided soon. If you have specific questions or topics you'd like the presenters to address, please email us at osconference@lawsociety.org.nz

Risk and trauma (vicarious and real): The conversations we need to have

Brintyn Smith (Family Law Barrister, New Zealand) and Dr Phil Watts (Forensic Psychologist, Australia)

On 9 March 2023, Brintyn Smith Barrister walked into the Family Court in Whangarei like on any other working day and was violently attacked in the lift of the Court Building. The experience has been profound. Together with Australian Forensic Psychologist, Dr Phil Watts, they talk about how such experiences impact us, what PTSD is, and how to manage the trauma and survive the experience. They open up the discussion around other types of harm in this environment, including physical harm, vicarious traumatisation, burnout, stalking, reputation harm and so on.

This seminar will discuss how we can practice safely and build skills to survive such experiences. We work in a high-risk environment where stalking, harassment, assault, reputation harm, complaints and so on make our complex work even more complicated. The risk to practitioners is very real. We need to allow ourselves to have conversations about how to make our environments safer, support each other better, and mitigate risk. We need to be ready individually and fight back collectively.

By attending this seminar, you will be able to:

  1. Better understand the impact of trauma in various forms and how these experiences can impact us.
  2. Learn about PTSD and how it can manifest in a person’s day-to-day life.
  3. Use your understanding to build resilience skills in case something happens in the future.
  4. Be able to apply practical solutions to real work-related issues.
  5. Determine what you do can do to make working in the legal profession safer for yourself and others.

Keynotes - Friday 14 March

High-Tech Stalking: Navigating legal challenges in the digital age

Steven Bradley (USA)

As our dependency and use of technology increases, we rely on electronic devices to complete many daily activities. Unfortunately, these same technologies are being seen more and more in legal cases where offenders have identified ways to exploit them in order to manipulate the outcomes or facilitate harm towards their victims. In this interactive workshop, Steven Bradley will explore the risks and benefits of technology, not only for the clients we serve, but also for you in your personal and professional lives. Attendees will learn safety planning and evidence collection strategies for phone technology, location apps, social media, and more. Non-technical language will be used throughout the presentation and how to safely navigate the world of technology.

Overcoming clinical depression and burnout: Breaking the silence on mental health in professional services

Susan Rowe (Buddle Findlay) and Steven Colligan (FronTier)

Susan Rowe is a successful health and safety, employment and civil litigation partner at national law firm, Buddle Findlay. Susan will share her personal journey over the past few years since being diagnosed with clinical depression and learning how to navigate her recovery while working in the profession. Her goal in sharing her own story is to further destigmatise discussion about mental health in professional services and raise awareness of the impact our actions at work have on mental health.

Steven will cover the research and science of resilience, navigating change and stress, as well as practical tips to build and grow personal resilience.

At the end of the seminar you will be able to:

  • Recognise the signs that indicate a decline in mental health; and
  • Feel more confident having your own wellbeing and mental health discussions in the workplace.

Sessions - Friday 14 March

Session 1: Cooper v Pinney: Clayton revisited 

Rhonda Powell (Barrister)

In November 2023, the Supreme Court heard an appeal from the Court of Appeal’s decision in Cooper v Pinney [2023] NZCA 62. The key issue for the Supreme Court was whether Mr Pinney’s rights and powers under a discretionary family trust deed amount to ‘property’ within the meaning of s 2 of the Property (Relationships) Act 1976.

The Supreme Court’s decision is still anticipated. It is hoped it will be released before the conference.

Rhonda Powell was Counsel for the respondent in this case, alongside Stephen van Bohemen. This session shall address:

  • The key facts and arguments in Cooper v Pinney
  • The reasoning of the Family Court, High Court and Court of Appeal
  • The Supreme Court’s reasoning in Cooper v Pinney / Issues raised by the Supreme Court during argument
  • The implications of the Cooper v Pinney decision for New Zealand family law
  • Considerations for lawyers advising on relationship property and asset protection.

It is anticipated that this session will be of interest to lawyers advising on the establishment and operation of trusts, as well as lawyers advising in relationship property/trust litigation following separation.

Session 2: The interface between private property rights and interests and resource management decision making

Rosie Hill and Ben Gresson (Todd & Walker Law)

Further details about the workshop will be provided soon. If you have specific questions or topics you'd like the presenters to address, please email us at osconference@lawsociety.org.nz

Session 3: Balancing Workplace Safety, Drug and Alcohol Testing in the Workplace, the New Zealand Bill of Rights Act and Tikanga Māori

Her Honour Judge Kathryn Beck (Employment Court of New Zealand) and Janet Copeland (Copeland Ashcroft)

This session will provide insights into managing the delicate balance between creating a safe, productive workplace and respecting the rights of employees in line with both legislation and cultural values.

  • Case Law and Precedents: Key legal cases that have shaped the approach to drug and alcohol testing in the workplace, and the limits on testing imposed by the courts in relation to personal rights.
  • The Role of Health and Safety Legislation: Understanding the health and safety obligations under the Health and Safety at Work Act 2015 and how drug and alcohol testing fits within these requirements.
  • Tikanga Māori and Cultural Considerations: A discussion of how tikanga Māori principles, including respect for privacy, dignity, and the concept of mana, can influence the development and application of testing policies in the workplace.
  • The New Zealand Bill of Rights Act: How NZBORA protects individuals' rights to privacy, freedom from discrimination, and personal autonomy, and how these rights interact with workplace testing requirements.
  • Best Practice Guidance: Practical recommendations for employers on developing fair and compliant drug and alcohol testing policies, ensuring they respect both workplace safety and individual rights.

Session 4: Memory in the Law

His Honour Judge Michael Crosbie (District Court of New Zealand)

The issue of memory confronts legal practitioners in all facets of practice – whether in commercial disputes in the civil jurisdiction or recalling offending in the criminal jurisdiction.  A feature of Judge Crosbie’s PhD study was the treatment of memory by the courts, including the reliance on memory in cases that are decades old.

The conference seminar will look at the reliance the legal system places on memory and examines some customary assumptions, questioning whether the law is in step (or needs to be) with developments in memory science. The seminar will also look at what judges, lawyers and jurors understand about memory and the accuracy of such understanding.

Session 5: Understanding kindness as a tool to enhance the performance of individuals, teams, and organisations

Nicki Macklin (British Medical Journal)

This is not a presentation about kindness being soft and fluffy. Kindness is increasingly understood as one of the key ways that organisations can build social capital and enhance their competitive edge as an employer whilst also creating organisational cultures that lead to greater staff wellbeing and performance.

Having recently completed her PhD exploring the conditions for kindness inside healthcare workplaces, Nicki will demonstrate how these learnings translate into other professional contexts such as the law. She will explain what kindness is, why it matters, and how leaders and organisations can encourage more of it.

This content will apply to a broad range of law practitioners, from new graduates to executives.

Session 6: Trust law update and discussion on managing common but tricky issues in Estate and Trust litigation

Matthew Prendergast (Barrister)

An update on recent developments in trust law and discussion broadly focussed on managing risks associated with advising clients with multiple hats and maintaining privileged communications.

This session is aimed at private client lawyers, commercial lawyers and property lawyers.

Session 7: Employment Law: Where is it all heading: What’s “working” in 2025?

Maria Dew KC (Barrister)

This session will explore recent developments, case law and the future of work.

  • The Uber decisions on contractors versus employees. Currently awaiting a decision on leave to appeal to the Supreme Court and Government proposals to reverse the impact of this decision. What should employers make of all this.
  • The rise of issues with flexible working and intermittent illness.
  • Consultation pitfalls in company restructuring and redundancy.
  • The rise of independent employment investigations and reviews, what can we learn 15 years on.

Session 8: Commercial Law session

Tony Sycamore and John Powell (Russell McVeagh)

Further details about the workshop will be provided soon. If you have specific questions or topics you'd like the presenters to address, please email us at osconference@lawsociety.org.nz

Session 9: Sentencing reforms: the return of three strikes and further restrictions on discretion in sentencing

Henry Benson-Pope and Yasmin Olsen (Otago University)

In an effort to deliver on a series of election commitments relating to law and order, the Coalition Government has rapidly progressed a range of reforms to the Sentencing Act 2002 and related legislation. These reforms have proceeded at pace and been met with significant criticism. This session aims to update practitioners on the key developments and their possible implications.

While this session is primarily aimed at criminal lawyers and those with an interest in the criminal justice system, it may also be relevant to those with an interest in the issues under the New Zealand Bill of Rights Act 1990 raised by the amendments.