5th Annual 10 CPD Hours in One Day in Christchurch
Face to face
Date: Tuesday 27 February 2018
Time: 7.30am to 6.30pm
Venue: Novotel Christchurch, 50 Cathedral Square Christchurch
Attend and earn 10 CPD hours
The end of the CPD year is nearly here - but don't worry, we've got you covered! Featuring an expert speaking panel and timely topics hand-picked to cover new legislation, new cases and new trends, along with updates on some of the most crucial topics in legal practise right now. Gain all your CPD hours, all in one day.
Session 1: Employment, Workplace and Immigration Law Update
Chair: Scott Wilson, Partner, Duncan Cotterill
Health and Safety at Work Act 2015: The First Prosecutions and Enforceable Undertakings
With the release of the first prosecutions under the Health and Safety at Work Act 2015, you will examine how the District Court has interpreted this new legislation and applied this to relevant fact situations on guilty pleas. There will also be an examination of publicised enforceable undertakings and the impact on employers.
Presented by Andrew Shaw, Managing Partner, Lane Neave
Employment Law Update
Cut right to the chase and examine some of the most important cases and legislative developments in employment law, the impact they will have on your practice and your clients' businesses, and what you and your clients need to know to find success going forward.
Presented by Amanda Douglas, Partner, Wynn Williams
Immigration Update: Key Changes to the Essential Skills and Skilled Migrant Category and the Implications Thus Far
- Review of the changes that came about at the end of August 2017
- Trends arising from the changes
- Areas of difficulty arising from the changes and how they might be mitigated
Presented by Karen Justice, Licensed Immigration Adviser, New Era Consulting
- Examine how the District Court has interpreted and applied the new Health and Safety at Work Act 2015
- Stay up to date on employment issues in practice
- Analyse key changes and trends in immigration law
Session 2: Trusts and Estates Planning Update
Chair: Stephen van Bohemen, Barrister
PPPR: Applications for Review/Renewal of Orders
- Applications: range of available orders
- Schedule 1 powers
- Court powers for review of guardians and managers
- Renewal of appointments
- Costs and reimbursement of guardians and managers
- Consents and family disputes
Presented by Michael O'Regan, Consultant, Cameron & Co Lawyers
Wills and Trusts Update: The Latest Developments all Will Drafters Need to Know
- Lessons from the recent case of Farn v Loosley  3 NZLR 383 and the Court of Appeal's assessment of the decision
- Application to remove a trustee and Issues of capacity
- When will a solicitor be negligent for not detecting incapacity?
- When should a solicitor instruct an expert physician?
- Which physicians are competent to assess capacity?
- Common misconceptions about 'undue influence'
- New trusts legislation
Presented by Maria Young, Partner, Cavell Leitch
Removal of Trustees
As practitioners we all have clients who never anticipate their own diminished capacity and leave it too late to retire voluntarily or transfer their powers of appointment. You will consider:
- How does the trust then continue to operate?
- How to remove a trustee who has lost capacity
- The transfer of assets to those new trustees
- Practical solutions when drafting trust deeds
- Implications of the Trusts Bill
Presented by Ingrid Taylor, Partner, Taylor Shaw
- Learn about applications for review/renewal of orders in PPPR
- Receive an update and drafting tips in wills and trusts
- Master how to remove trustees
Session 3: Commercial, Construction and Insurance Law Roundup
Chair: Austin Forbes QC, Barrister, Clarendon Chambers
The Commerce Act and New Cartel Provisions: What you Need to Understand to Protect Your Corporate Arrangements
- What do these new anti-competitive provisions mean for vertical and horizontal integration?
- Supply agreements
- Online distribution
- Draft guidelines
Presented by Andy Matthews, Principal, Matthews Law
Post Earthquake(s) Building and Insurance Issues
Explore the latest legal developments and market trends related to key building and insurance issues in light of a post-earthquake landscape.
Presented by Grant Shand, Principal, Grant Shand
Subcontractor Contract Issues: Management and Prevention
- Typical issues
- Relevant Sections of The Construction Contracts Act 2002
- Risk management and best practices
Presented by Rebecca Saunders, Partner, Lane Neave
Professional Liability Insurance Issues for Construction Professionals
- Liability issues arising from the earthquakes
- Professional indemnity insurance
- The complaints/disciplinary process: how it works and common issues
Presented by Stephanie Grieve, Partner, Duncan Cotterill
- Review and understand the Commerce Act and New Cartel Provisions
- Stay up to date with Post Earthquake(s) Building and Insurance Issues
- Examine subcontractor contract Issues
- Gain a deeper understanding of professional liability insurance issues
Session 4: Property and Rural Issues
Chair: Ranui Calman, Principal, Greenwood Roche
Commercial Office Leasing: Issues Created by a Competitive Market
- Dealing with rent free periods, contributions from the landlords, relocation costs and other incentives
- Special considerations when negotiating and preparing lease documentation
- Tax considerations
Presented by James Murphy, Associate, Duncan Cotterill
Resource Consenting: Recent Developments of General Application for your Clients and your Practice
- Resource Legislation Amendment Act 2017
- The relevance of District Plan reviews
- Case law developments
Presented by Alex Booker, Senior Associate and Sarah Eveleigh, Senior Associate, Anderson Lloyd
Overseas Investment: A Changing Regime?
- Summary of any changes to the relevant legislation and regulations
- Update on any application process changes at the OIO
- Impact on overseas investment in NZ: observations and analysis
Presented by Christina Lefever, Associate, Duncan Cotterill
- Learn how to deal with commercial office leasing issues created by oversupply
- Stay up to date with resent developments in resource consenting
- Understand the changing overseas investment regime
Chair: Scott Wilson
Scott Wilson is an employment law specialist with in-depth knowledge of employment and related compliance issues. Working closely with chief executives, legal counsel and HR managers, Scott provides strategic advice on all aspects of employment law, including disciplinary and performance matters, restraint of trade, protection of confidential information, restructuring, redundancies, health and safety, and human rights issues. He has extensive litigation experience in a range of jurisdictions. Scott regularly attend mediations and appear in the Employment Relations Authority and Employment Court. He has also acted as Counsel in a number of Court of Appeal cases. As part of Duncan Cotterill's leading Health & Safety team, Scott has extensive experience advising and advocating for clients on a full range of health and safety issues. He provides clients with expert advice on their health and safety obligations, including how they will be affected by the recent changes to health and safety legislation. Scott also regularly defends health and safety prosecutions. In addition, Scott regularly write articles, present seminars and speak at conferences on employment and health and safety matters.
Andrew Shaw is a specialist employment and health & safety lawyer, with over 24 years' experience working for employers throughout New Zealand. He acts for a number of Government entities, national member-based organisations and multi-national public and private companies. He provides advice at Board and Senior Management level and works closely with in- house HR and health & safety teams. He works for employers on all aspects of employment law, from pre-employment to post-termination restraints. In the health & safety area, Andrew was involved in the first defended case in New Zealand under the current Act and he is a leading presenter on the new Health & Safety at Work Act 2015. He has also been involved in presenting submissions on changes to New Zealand's employment and health & safety law to select committees. Andrew is a member of the New Zealand Law Society's Employment Law Committee. The Lane Neave Workplace Law team that he leads, with specialist employment lawyers based throughout New Zealand, has been voted 3 times as New Zealand's top employment law team, is on the All of Government External Legal Services Panel and is recommended by Legal 500 and Chambers and Partners.
Amanda Douglas leads the Employment and Health and Safety practice at Wynn Williams. She acts for employers and employees on a variety of Employment Law matters, with a particular focus in the dispute resolution area. This includes disciplinary steps, claims through the ERA and Employment Court, negotiations and mediation. Amanda also provides advice on employment agreements and organisational restructuring. Amanda has a good ability to obtain a pragmatic negotiated outcome to many disputes. Where resolution is not possible, she presents a well- considered case to the ERA or Court. Amanda also regularly advises on health and safety matters. She has provided advice on the new health and safety legislation to a number of organisations and is assisting them to prepare for the introduction of that new legislation. Amanda also defends Health and Safety prosecutions. Amanda regularly presents on employment and health and safety matters.
Karen Justice has in excess of 20 years' immigration consulting experience, covering both Australia and New Zealand. Karen's work has predominantly involved advising corporate and business clients on how to efficiently move people into New Zealand (since 2004) or Australia (1995- 2004). She has held a full Immigration Advisers License for New Zealand since the introduction of the regulatory regime for the industry in 2008, and has also worked extensively with investors, entrepreneurs and high net worth individuals wishing to migrate to New Zealand. Karen was selected to serve on the inaugural Reference Group formed as part of the new regulatory regime to work with the licensing authority to develop and implement the new licensing system, and was then privileged to be involved for a second term when the focus had shifted to review and enhancement of the original scheme. In 2012 Karen established, along with several other motivated individuals from the industry, the New Zealand Association of Immigration Professionals based in Wellington. This industry group is focussed on enabling keen, like-minded professionals to work with other interested stakeholders to develop a collegial and professional standard for immigration advice in New Zealand. For several years Karen has been the author and contributor of the New Zealand entry for the international publication, International Immigration and Nationality Law.
Stephen van Bohemen
Stephen van Bohemen specializes in family law and has appeared as counsel for parties and/or children in the Court of Appeal, High Court and the Family Court. His practice includes children's law, and resolution of relationship property, trust and estate matters. He was a member of the NZLS Litigation Skills faculty for a number of years. He has presented papers on a variety of family law topics at conferences and seminars locally, nationally and internationally. Stephen is a contributing editor to Brookers Online Family Law Service - Family Property and Family Procedure, a member of the Expert Advisory Group to the Law Commission on its current review of the Property (Relationships) Act 1976 and a member of the Advisory Panel to the Family Law Section of New Zealand.
In practice for over 40 years in Christchurch and Partner at Cameron and Company. Currently chair of Standards Committee No 1 of Canterbury Westland Branch of NZLS. Served on Former Complaints (now Standards) Committees for over 12 Years. Undertaken audit work for Legal Services Agency. Chair of Organising Committee combined NZLS / Lawasia Conference 2001. Presenter at NZLS Seminars.
Maria Young joined Cavell Leitch in 2008 to further her interest in estate planning law. Since then she has consolidated her experience in Wills, Powers of Attorney and Elder Law and works closely with our Trusts team. Maria has a variety and depth of experience. Immediately prior to joining Cavell Leitch, she worked for two other Christchurch Law firms where her interest in trusts and asset protection was sparked. During that time she gained experience in residential, rural and commercial property transactions, business sales and purchases, employment issues, relationship property issues, wills and trust law.
Ingrid Taylor leads Taylor Shaw's practice in Trusts, Commercial Law, Residential Property, and Elder Law, including wills and estates. With over 25 years experience, Ingrid has advised a wide range of clients across many industries including land development, engineering, manufacturing, building, architecture, fashion, farming, and technology. Ingrid is recognised as one of New Zealand's leading experts in the area of Trust law, she is a member of the Trusts and Wills Sub-Committee of the New Zealand Law Society, and is regularly invited to present papers and lead seminars at conferences on trust matters. Ingrid provides advice to settlors, trustees, and beneficiaries on trust structure including the analysis of existing trusts, resettlements and new trusts. She integrates this advice with recommendations in respect of estate planning and asset protection. This includes preparation and advice in respect of wills. Ingrid also provides high level advice in all areas of commercial law, including business acquisitions and sales, contracts, leases, company incorporation as well as governance and management, director duties, and shareholder disputes, joint ventures, partnerships, and limited partnerships. She has expertise in conveyancing: from residential homes through to complex subdivisions, body corporate apartments, and commercial buildings. With a strong background in contributing to various Boards, Ingrid currently sits on the Board of the Independent Schools of New Zealand. Ingrid is also a member of the Institute of Directors and acts as a Trustee for a number of charitable societies, organisations and individuals.
Austin Forbes QC
Austin Forbes QC practises in the areas of commercial and general civil litigation. He is a former President of the New Zealand Law Society, the Canterbury District Law Society and chairman of the New Zealand Legal Association (Inc). He went to the Bar in 1990. He was appointed a QC in 1996 and awarded a CNZM in 1997. Prior to this he was the senior litigation partner in Duncan Cotterill, Christchurch. He has served on many committees, including the former Property Law and Equity Reform Committee and the NZLS's Civil Litigation and Tribunals Committee. He is a former board member of Justitia Mutual Association (Inc), which operates a lawyers' mutual professional indemnity insurance scheme. He co-presented NZLS seminars on Property and Real Estate Litigation in 1990 and Obtaining Pre-trial Information - mining at the coalface in 2005. He is currently the chair of the NZLS Rule of Law Committee. In his spare time he enjoys reading the High Court Rules.
Andy Matthews has 25 years' competition law experience, including international experience with Allen & Overy (London / Moscow). He is consistently recognised internationally as a leading lawyer in his specialties in the main directories. This includes Chambers Asia-Pacific, where he has been rated Band 1- Competition since 2006. Andy was previously a senior partner at a leading trans-Tasman law firm, where he led the NZ Competition & Regulatory and TMT teams, and had also headed the Auckland Corporate division.
Grant Shand is the principal of Grant Shand barristers and solicitors. It is firm with offices in Christchurch and Auckland that specializes in insurance claims arising out of the Christchurch earthquakes. The firm currently comprises Grant and seven other lawyers and is still growing as the number of claims and cases is not slowing down. Grant established the firm 1 August 2012 and before that he was a partner at Grimshaw & co a firm that is/was renowned for its expertise in leaky building cases. Grant had many years insurance litigation experience prior to working at Grimshaw & co, primarily acting for insurers in NZ and Australia. Grant has done all of the major post-earthquake witness trials in Christchurch. This has included O'Loughlin v Tower Insurance; Rout v Southern Response; Avonside Holdings Ltd v Southern Response and he is part way through Kelly v EQC & Southern Response. Grant Shand has about 75% of the cases in the High Court earthquake list. Grant has appeared throughout the NZ court system and is/was counsel in many reported cases. Grant also has an interest in basketball and is part owner of the Auckland NBL team - Super City Rangers.
Rebecca Saunders is a construction law specialist. She has particular expertise in dispute resolution, and regularly advises clients on issues relating to payment, cancellation, variations, delay, defects, retentions and certification. She has a broad range of experience in construction adjudication, international arbitration, mediation and court litigation, both in New Zealand and overseas. Rebecca provides advice at the front end on requirements under the Building Act 2004, building contracts and consultancy agreements, and she is familiar with a range of standard forms including Master Build, Certified Builders, NZS:3910/3915/3916, CCCS, AS, NEC3, JCT and FIDIC. Rebecca's clients range from builders, contractors, sub-trades, property developers, tertiary institutions, Crown entities and private individuals Rebecca is a member of the Society of Construction Law and the National Association of Women in Construction. She is also a Solicitor of England & Wales (non-practising).
Stephanie Grieve's expertise is in civil litigation with a focus on insurance, including health & safety. She acts for insurers on statutory liability claims, professional indemnity and disciplinary matters. In the health and safety area, she regularly defends prosecutions and has acted on several leading cases in this area involving serious harm accidents and fatalities. She is currently presenting and advising frequently on the new regime under the Health and Safety at Work Act.
Ranui Calman is a principal at Greenwood Roche and is based in the Christchurch office. She specialises in commercial, commercial property and property and asset financing transactions. She has experience in large-scale development projects, forestry, Treaty settlement negotiations and M?ori land law. Ranui regularly acts for private and public sector entities in relation to their commercial transactions including leases, the acquisition and disposal of assets, construction, development and other commercial contracts, and for banks and other financial institutions on the preparation and negotiation of loan, security and priority documents. She has particular forestry expertise and is also very focused on the Christchurch rebuild. Ranui is the Te Waipounamu representative on Te Hunga Roia M?ori o Aotearoa (New Zealand M?ori Law Society).
James Murphy is a commercial property lawyer specialising in commercial property acquisitions and leasing, property development and sales, and commercial and retail construction. James has particular expertise in construction financing and property development, and has advised on a number of large commercial unit title redevelopments involving acquisition, subdivision, sales, leasing and refinance work. His clients include individuals and companies with significant real estate portfolios, investors, landlords, tenants, and property owners looking to develop their properties through subdivision and construction work.
Alex Booker has 12 years' experience advising on transactions, property developments and project consenting. She joined Anderson Lloyd in April 2013 having previously worked with leading law firms in Auckland and Wellington. Alex likes to make things happen. She enjoys developing effective strategy to achieve the required consents, permits and access approvals for projects. These range from single building projects to complex residential subdivisions to major commercial projects (energy generation, mineral extraction, infrastructure, retail and supermarket developments). Her area of practice also covers due diligence investigations, district plan processes (including the recent Proposed Auckland Unitary Plan and the Proposed Christchurch Replacement District Plan), and advising on obligations that arise under the Overseas Investment Act for sensitive land. Alex's clients vary from individual property developers, territorial authorities, through to regional and national companies.
Sarah Eveleigh is a Senior Associate with Anderson Lloyd. She specialises in resource management and has particular expertise in water management, agribusiness and urban development. She advises clients on a broad range of matters including consenting, compliance, planning processes and due diligence. Sarah has acted for various entities and individual farmers on regional plan changes relating to water management, rural land use and nutrient management, and on consenting of water storage and irrigation schemes. She has also successfully obtained commercial, residential and rural-residential land rezoning for a number of land developers in Canterbury.
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