New Zealand Law Society - Law Society statements

Law Society statements

Review of Clean Slate legislation needed, says NZLS

The New Zealand Law Society agrees that the Criminal Records (Clean Slate) Act 2004 should be amended to apply to people who have been sentenced to a custodial sentence of 12 months or less, after twenty years has passed since the date of last sentencing. Responding to an invitation from Parliament's…

Is a National Policy Statement on Urban Development Capacity necessary?

The New Zealand Law Society is questioning whether a National Policy Statement on Urban Development Capacity is necessary. In a submission to the Ministry for the Environment, the Law Society says it has several concerns about the proposal. In relation to the NPS-UDC, it says planning under the Resource Management Act is about predicting and…

New Zealand Law Society welcomes changes to Enduring Powers of Attorney forms

The New Zealand Law Society welcomes proposed changes to the Enduring Powers of Attorney forms, saying they will reduce cost and complexity. In a submission to the Ministry of Social Development in relation to the Statutes Amendment Bill which proposes to amend section 94A of the Act to allow the same lawyer or legal…

Young French-speaking lawyers offered internship chance

The New Zealand Law Society has been invited to recommend a young French-speaking lawyer to participate in the Stage International traineeship, an annual event organised by the Order des avocats de Paris. Run every October and November, the courses are totally funded by the Paris Bar. Trainees are responsible for travel…

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New judicial appointments welcomed

The appointment of Dame Ellen France to the Supreme Court means that men and women are equally represented on our highest court, New Zealand Law Society President Kathryn Beck says. Dame Ellen's appointment from 22 July will mean the Supreme Court has a bench of three men and three women. "As far as we can determine, no other…

Auckland lawyer struck off for taking $10,000 trust money

An Auckland lawyer who has been practising for nearly 30 years has been struck off the roll after being found guilty of misconduct in relation to how she managed a $10,000 trust. Mary Hackshaw failed to respond to disciplinary charges and appeared before the New Zealand Lawyers and Conveyancers Disciplinary Tribunal. New Zealand Law Society National Prosecutions…

More thought needed on employee share scheme proposals

Not enough thought seems to have been given to the practical issues which will flow from enacting new employee share scheme taxation rules, the New Zealand Law Society says. Commenting on an Inland Revenue issues paper on taxation of employee share schemes, the Law Society says they are widely used in…

Incorporated Societies Bill draft supported

The general approach taken in the Exposure Draft of the Incorporated Societies Bill is supported  by the New Zealand Law Society. In a submission to the Ministry of Business, Innovation and Employment (MBIE) on the Exposure Draft, the Law Society says it strikes a workable balance between providing clear rules and…

Lawyers warned to take extreme care to prevent email fraud

Sophisticated attempts to defraud New Zealand lawyers are now common and the New Zealand Law Society is warning all lawyers to be very careful when receiving any emailed instructions or directions. A number of New Zealand firms have been victims of "spoofing" emails where a member of the firm appears to…

Research on young lawyer experiences shows opportunities for change

A ground-breaking report on the experiences of new New Zealand lawyers shows some areas which the profession must consider and then act upon, the New Zealand Law Society says. The report summarises research carried out by law graduate Josh Pemberton which included 40 hour-long interviews and a survey of over 800 junior lawyers. A copy…
Plea arrangements and discussions in Moko case follow robust prosecution guidelines

Plea arrangements and discussions in Moko case follow robust prosecution guidelines

The guidelines that instruct Crown Prosecutors who are considering so-called "plea bargains" are robust and well-considered, the New Zealand Law Society says. The Solicitor-General's Prosecution Guidelines 2013 were relied upon by Crown prosecutors in the case against Tania Shailer and David William Haerewa, who were today sentenced to 17 years for manslaughter following the death of…

NZLS awaits FATCA advice from banks and IRD

The New Zealand Law Society says it is awaiting responses from the New Zealand Bankers' Association and Inland Revenue as to how FATCA requirements will affect moneys held in lawyers' trusts accounts. The Law Society has been working with the Bankers' Association and IRD to clarify the situation with the US…

Timaru lawyer Kenneth Selwyn Grave censured

Timaru barrister and solicitor Kenneth Selwyn Grave has been censured by the New Zealand Lawyers and Conveyancers Disciplinary Tribunal. Mr Grave admitted a charge of negligence in his professional capacity, that negligence being of such as degree as to bring his profession into disrepute. His negligence arose when he acted for the son of a…

Namlee Kim censured

Former Auckland lawyer Namlee Kim has been censured by the New Zealand Lawyers and Conveyancers Disciplinary Tribunal after admitting a charge of negligence or incompetence reflecting on his fitness to practise or as to bring his profession into disrepute. Acting for a client in respect of an application for a visitor's visa and/or an application…
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