LEGAL EXECUTIVES CONFERENCE CHANGING SOCIETY

Transcription

1 SPONSORED BY 11.5 CPD hours CONFERENCE LEGAL EXECUTIVES CONFERENCE CHANGING SOCIETY August 2015 COMMENTS FROM PAST ATTENDEES Fantastic - my first conference. Excellent topics - good presentations and the right length to promote concentration! Awesome experience. Great to meet other legal execs. Brilliant conference - content very helpful even in areas I don t work in - well done to committee for organising it. YOUR TRUSTED CPD PARTNER

2 LEGAL EXECUTIVES CONFERENCE 11.5 CPD hours FROM THE PRESIDENT NZILE I am delighted to invite you all to attend this conference. It is a wonderful opportunity for networking with your colleagues as well as furthering your education. The positive feedback we received from having the last conference in Wellington has seen it return to the capital, but this time we have a larger venue at the InterContinental Hotel, Wellington. Changing Society the implications: we are all dealing with this daily and it is also a focus that we need to consider when preparing our CPD plans. We hope this progamme will offer something of interest and benefit to everyone. I look forward to seeing you in Wellington. Pam Harliwich FROM THE PRESIDENT NZLS We are surrounded by change. The world in which we work and live is constantly moving, adjusting, transforming and evolving. The legal profession needs to adapt and grow with the changes we face in everyday business practices and technology. The law itself is an ever moveable feast that continuously keeps us on our toes to make sure that we are always upto-date. If we don t adapt to this fast paced world of change then others will take our place. This year s conference has a range of outstanding topics to help you and your practice or organisation help keep pace with that change and ensure you are properly equipped to meet the significant demands imposed on legal executives in modern practice. I look forward to seeing you there. Chris Moore CONTENTS The programme Chair and speakers....4 Information Registration... 8

3 PROGRAMME DAY ONE REGISTRATION Tea and coffee available WELCOME Christine Grice, Pam Harliwich & Chris Moore SUBDIVISIONS BEST PRACTICE AND TIME FRAMES Best practice in terms of surveyors and legal professionals working together effectively, will be outlined in this session. This will enable a legal executive acting on the sale of a section being subdivided to recognise the time frames involved to support the smooth flow of the process. The session will cover: Fast track lodgement process, how it works, when to use it, and the need for collaboration early in the process Resource consents, Territorial Authority certifications (RMA ss 223 & s 224c) & time frames An overview of curly scenarios, from both a legal and the surveyor s perspective, will be given including discussion of consent issues and easements in gross. s Kris Gough & Tim Jones RISK MANAGEMENT This session will update you on the issues for legal executives to be mindful of. Areas discussed will include: Review of Lawyers and Conveyancers Act jurisdiction over employees/legal executives Employee misconduct and unsatisfactory conduct cases Discussion of Wellington Standards Committee v Nalder [2015] NZLCDT 5 Risk management, to include conflicts of interest and breaches of undertakings. Mark Treleaven MORNING TEA UNIT TITLES A REFRESHER This practical session is a refresher on body corporate issues that you will engage with on a regular basis. Case studies will be utilised to highlight specific scenarios, with issues covered in the session to include: Who is responsible to maintain certain building and unit elements and why Understanding the transaction, corresponding timelines and potential consequences Involved when your client is buying or selling an apartment When reading a unit title, what are the specific issues to be aware of when advising your client. Jamie Nunns LUNCH GOVERNMENT SUBSIDIES AND KIWISAVER WHAT YOUR CLIENT NEEDS TO KNOW Recent changes to the Government subsidies and KiwiSaver withdrawals available for first home buyers came into force on 1 April The session will look at the changes in eligibility and the criteria for accessing the Welcome Home Loan, the KiwiSaver HomeStart Grant, and the KiwiSaver first-home withdrawal options. This session will break down the legislation to present best practice for you in your dealings with your clients. Julius Maskell 1

4 DOCUMENTATION AN UPDATE This update from Land Information New Zealand is a practical reminder of topical issues, including: General compliance reminders, Landonline tips and enhancement updates Complex subdivision dealings how to prepare them in Landonline and specific issues to watch out for Transmissions how to deal with complex transmissions, including life estates/retirement villages. Mary Gordon A WORD FROM OUR SPONSOR: SALESDIRECT AFTERNOON TEA WILLS, PROBATE & ESTATES - PRACTICE AND PROCEDURE Lack of attention to detail when drawing up a will may mean that errors and issues get in the way of the smooth reading of a will. This session will consider best practice and procedure to consider when starting the process, steps that you may choose to take to mitigate risk and the areas in the application process where common errors and/or difficulties are experienced. The presenters will also discuss: Will drafting and probate issues Applying to the courts for rectification When do you apply for probate in solemn form? Applications for validation under s 14 of the Wills Act Time limits and FPA claims. s Registrar John Earles & Greg Kelly FORUM NZILE NETWORKING DRINKS AND NIBBLES Pre-function lobby DAY TWO EPAS ASKING THE HARD QUESTIONS Tasked with ensuring your clients views are fully and accurately represented when they are most vulnerable is not a one size fits all process. In 2014 the Minister for Senior Citizens presented the findings of the 2007 amendments to the EPA provisions in the PPPR Act to Parliament. The review showed that there is confusion and misinformation about EPAs, with only 17% of people actually having one. To make a comprehensive EPA, as much information as possible around your client s situation is needed when advising them. This session will provide you with best practice to assist your client through the process and up-to-date information on the latest developments in policy. s Pip Baldwin, Sarah Clark & Annette Gray COMPETENCY RED FLAGS AND ISSUES TO BE AWARE OF The clinical evaluation of a client is not a tick the box situation. Understanding the red flags for you to be aware of regarding competency will assist you in discerning if an issue is one of context or competency. This session will address the steps to take when concerns about competency are raised and when an EPA may be triggered due to compromised competency. Insight will also be provided into the link between the clinical evaluation and the legal situation, as well as an example of how a defence was prepared for a challenge. Dr Crawford Duncan A WORD FROM OUR SPONSOR: RYMAN HEALTHCARE MORNING TEA

5 RESIDENTIAL CARE SUBSIDIES AND LOANS CURRENT POLICY AND PRACTICE Social security law is a specialist (and relatively unknown) area of law. You are often the client interface, and you may find yourself with more questions than answers. With an aging population (the over 85 year old cohort is one of the most rapidly increasing) and huge increases in the costs of long term rest home care, it is more important than ever to provide sound advice. This session will cover deprivation, income and the duty to maximise income, as well as recent developments in this area. Given the current approach to subsidy, more clients want to know about the alternative scheme, Residential Care Loans. This is the first time loans have been addressed in depth and it is an exciting opportunity to hear first-hand about the scheme. This session will workshop a number of different scenarios. Theresa and Denise will address the issues you want to know about in this space, answer your frequently asked questions and signal policy and legal developments. s Theresa Donnelly & Denise Hutt GIFTING BEING REALISTIC ABOUT THE FUTURE Understanding the different arrangements for gifting and the relevant considerations, including creditor protection and residential care subsidies. Is it realistic to assume today s gifting arrangements will work in the future? What can be done to fix up historic gifting problems? Chris Kelly LUNCH RETIREMENT VILLAGES Key practical issues that you need to know about in regard to retirement villages will be addressed in this session, including: What are the 10 key questions intending residents need to know about? What are the different types of ownership structures within the villages? What is the legal executors role? What dispute resolution processes exist? What is, or should be, the role of statutory supervisors? What to look for in the sales process? John Greenwood STRESS MANAGEMENT FOR LEGAL EXECUTIVES Stress, part of our natural survival instinct, can be both good and bad and can heavily impact on our work life balance. This session will assist you in understanding how our brains and bodies react to external threats, both actual and perceived. Through positive assertiveness this session will help you to feel confident when saying no, thereby counteracting negative stress and, as a consequence, reduce your stress levels. Nikki Pender FAREWELL Pam Harliwich LEARNING OBJECTIVES In this conference you will: Gain a working knowledge of the issues that registered legal executives often face. Develop the necessary skills to address issues and consider practical strategies for dealing with them. 3

6 CHAIR Pam Harliwich, New Zealand Institute of Legal Executives, Christchurch Pam is the National President of the NZ Institute of Legal Executives. She attained her NZLS Legal Executive Certificate in 1990 and is a Fellow of the Institute. Pam is employed by Ryman Healthcare Limited in Christchurch to administer the sale and surrender of units at its retirement villages throughout New Zealand. Prior to moving to Christchurch late last year Pam was a Senior Registered Legal Executive at Kensington Swan in Wellington for 14 years. SPEAKERS Pip Baldwin, Ministry of Social Development, Wellington Pip Baldwin is a Senior Policy Analyst in the Older People s Policy team at the Ministry of Social Development. The team has been leading the Minister of Senior Citizens review of the 2007 amendments to the Protection of Personal and Property Rights Act Sarah Clark, Ministry of Social Development, Wellington Sarah is the Director of the Office for Senior Citizens, one of the population offices within the Ministry of Social Development. The Office for Senior Citizens has a primary focus on building strong social sector relationships to inform the Minister for Senior Citizens about issues affecting older people. The Office seeks to identify opportunities and challenges, and facilitate the flow of information between agencies and people. Theresa Donnelly, Ministry of Social Development, Auckland Theresa is a Senior Solicitor with the Ministry of Social Development and is a specialist in Social Security law. She graduated from Auckland University in 1991, was admitted in 1992 and has worked in several private practice litigation areas as well as in-house counsel within the public sector. Theresa was a solicitor for Land Information New Zealand before taking employment as a senior solicitor for the Ministry of Social Policy in 2000 (subsequently MSD). Theresa has presented webinars and seminars for a variety of professional groups including NZLS CLE and ADLS. Dr Crawford Duncan, Capital and Coast DHB, Wellington Crawford has been employed as a psychiatrist since December 1986 by the Wellington Hospital Board and its successors, and has worked entirely in Psychiatry of the Elderly since May John Earles, High Court & Ministry of Justice, Wellington John, Registrar and Sheriff of the High Court of New Zealand and Specialist Technical Advisor to the Ministry of Justice is located at the High Court in Wellington where he has been for the past 28 years. Since the filing of probates was centralised in Wellington in 2013 John has been engaged in training staff who work in the probate unit as well as dealing with applications. Much of his work involves being consulted by solicitors, legal executives and their staff who encounter difficult or unusual circumstances and providing assistance on how to proceed with their applications. John is also a co-author of the 5th and 6th edition of the text book Dobbie s Probate and Administration Practice. 4

7 SPEAKERS Mary Gordon, LINZ, Wellington Mary qualified as a lawyer in Prior to joining the Office of the Registrar-General of Land in 2005 she worked in the property teams of law firms in both New Zealand and overseas. Kris Gough, Cuttriss Consultants Ltd, Wellington Kris graduated from Otago University in 2001 and worked for Cuttriss in the Lower Hutt office for the following four years, becoming a Licensed Cadastral Surveyor during that time. After spending two years working in the UK as a senior surveyor, Kris returned to Cuttriss in 2007 where he is now involved in a wide range of projects, including small to large scale urban and rural subdivisions, topographical surveys, and setting out of construction works. Annette Gray, Buchanan Gray, Wellington Annette is a Family Court practitioner with 25 years experience. She has broad Family Court experience in all aspects of family law but has a particular interest in rights based law. Annette has been counsel for subject person for many years and is currently a District Inspector of Mental Health. She has an interest in inter-country adoptions and is also lawyer for child and acts for parties in family court matters. Annette spent a year doing volunteer service abroad acting as legal counsel for the Family Support Centre, an NGO, providing education and legal support mainly to women in domestic violence and child custody cases. John Greenwood, Greenwood Roche Chisnall, Wellington John is editor of the New Zealand Property Lawyer, and moderator for the New Zealand Council of Legal Education for property law, and equity and succession law, university papers. He has a long involvement in property law reform and has presented at Select Committee hearings and at numerous NZLS CLE seminars. These include NZLS seminars on the retirement village industry and as an advisor to the Retirement Commissioner. Denise Hutt, Ministry of Social Development, Wellington Denise is a Senior Legal Executive with the Ministry of Social Development and is a specialist in Residential Care Loans, and has worked in this area since She is responsible for the Ministry s team of legal executives. Denise has worked for the Ministry of Social Development (then Department of Social Welfare) since 1979 in a number of diverse areas including accounts, liable parent contribution, maintenance and benefit debts as well as several main benefit areas. She obtained her Legal Executive Diploma from the Open Polytechnic in Tim Jones, Glaister Ennor, Auckland Tim heads the firm s Land Development and Property team and as a partner at Glaister Ennor for over 30 years he has extensive experience advising clients in residential and commercial property transactions. This includes major land development projects in the Auckland area and nationally. Tim is frequently called to give expert evidence in relation to property and conveyancing issues. 5

8 SPEAKERS Chris Kelly, Greg Kelly Law, Wellington Chris had a lengthy career with trustee organisations holding positions such as District Public Trustee for Wellington and General Counsel at Guardian Trust before moving to private practice. He is co-author of two leading legal texts: Garrow & Kelly Law of Trusts and Trustees (now in its 7th edition) and the 6th edition of Dobbie s Probate and Administration. In addition to other publications, Chris has presented numerous papers at legal conferences and has chaired Elder Law conferences. He completed a Master of Laws with a thesis on Trustee Accountability and is a member of the Society of Trust and Estate Practitioners (STEP). Greg Kelly, Greg Kelly Law, Wellington Greg has over 30 years experience in the wills, trusts and estate area. He is one of the authors of the 6th and the 7th edition, of Garrow & Kelly Law of Trusts and Trustees, the Probate and Administration author of McGechan on Procedure, and a contributor to LexisNexis Law of Trusts. Greg is co-author of the 5th, and recently published 6th edition, of Dobbie s Probate and Administration Practice. He has presented at numerous NZLS CLE conferences, seminars and webinars and has chaired several NZLS CLE Trust conferences. Greg is also one of a small group of lawyers in New Zealand who appear in the US-based Best Lawyers listing as a Trust and Estate Lawyer. Julius Maskell, Tripe Matthews Feist, Wellington Julius specialises in private client work including conveyancing, trusts, unit titles, building and construction, commercial property, and civil litigation. As well as private clients he also acts for several national not for profit community organisations. He is an member accredited member of the Property Law Section and is on the Wellington Branch Council of the NZLS. Jamie Nunns, Morrison Kent, Wellington Jamie has been a member of Morrison Kent since 2001 and has specialised in property law throughout his legal career. Jamie s property law experience has seen him acting for some of New Zealand s largest and most respected organisations in relation to a vast range of property related matters of varying degrees of complexity. Jamie has been involved with some of New Zealand s best known property developments and projects, and he enjoys working with organisations of all different sizes from multi-nationals to individually owned and run small businesses. Nikki Pender, Franks Ogilvie, Wellington Nikki is a principal at Franks Ogilvie and runs the firm s litigation and other disputes work. She is admitted in NZ, NSW and the Commonwealth of Australia. Nikki has more than 25 years experience representing private sector clients and regulatory agencies in general civil, competition and public law cases. She is also a facilitator, trainer and certified NLP practitioner. Mark Treleaven, New Zealand Law Society, Auckland Mark manages all the disciplinary prosecutions of lawyers and employees of lawyers from standards committees throughout New Zealand. He has nearly 20 years experience as a prosecutor, either as a Crown Prosecutor prosecuting serious criminal charges or an in-house prosecutor prosecuting disciplinary offences. Mark has worked at the Serious Fraud Office and assisted senior counsel in investigating and prosecuting complex fraud cases. In addition he has practised civil and commercial litigation at law firm Morrison Kent for four years. 6

9 INFORMATION VENUE WELLINGTON August 2015 InterContinental Wellington 2 Grey Street Wellington FEE (Incl GST) The registration fee includes extensive materials, morning and afternoon teas, lunches on both days, and drinks at the end of Day One. Materials are available when you register at the conference. Early Bird BY 17 July 2015 or AFTER 17 July 2015 NZILE members $720 $770 Non-members $770 $820 ACCOMMODATION InterContinental, Wellington $239 per night (incl GST) To book accommodation at the InterContinental at the special conference rate, go to event/ /owner/ /home. As the above rate is a courtesy link, room rates and categories are subject to availability. Please book early to secure the negotiated rate. For personal assistance telephone Reservations on and quote Legal Executives Conference. NETWORKING DRINKS AND NIBBLES The perfect opportunity to renew old aquaintances and meet new ones. Join us at the end of Day One for drinks, nibbles and a chat in the pre-function lobby. DINNER Wellington is the country s most innovative and inspiring city; it might just be the best little capital in the world and it is crammed with more bars, cafes and restaurants per capita than New York. Lonely Planet s 2011 Best in Travel. As there is no formal conference dinner take this wonderful opportunity to check out the city s great cuisine. There are many restaurants close by, or you can catch a bus to Cuba Street or Courtenay Place.... So many restaurants to choose from... so little time. WE THANK OUR SPONSORS CANCELLATION AND REFUND POLICY. Please note: Minimum and maximum numbers apply. Registrations will be accepted on a first-come/first-served basis. Registrations close 10 working days before the presentation date (the closing date). NZLS CLE Ltd reserves the right to cancel the conference if it does not reach the budgeted minimum number of registrations. This decision will be made on the closing date and a full refund will be made to each registrant of the cancelled session. If you cancel your registration before the closing date, a refund will be made, less a $200 administration fee. After the closing date, there will be no refund. You may transfer your registration until five working days before the presentation. Please advise NZLS CLE Ltd in writing of the change. 7

10 LEGAL EXECUTIVES CONFERENCE REGISTRATION Last Name First Name Title Firm/Organisation REGISTER ME FOR WELLINGTON AUGUST 2015 Address PO Box: Street Address: Suburb: DX: REGISTER ONLINE AT: POST TO: NZLS CLE Ltd, PO Box 5041, Wellington 6145, DX SP20202 FAX TO: Town/City: Phone: Postcode: ENQUIRIES Dietary Requirements: FEE (Incl GST) The registration fee includes extensive materials, morning and afternoon teas and lunches on both days, and drinks at the end of Day One. Early Bird BY 17 July 2015 or AFTER 17 July 2015 NZILE Members $720 $770 CANCELLATION AND REFUND POLICY. Please note: Minimum and maximum numbers apply. Registrations will be accepted on a first-come/first-served basis. Registrations close 10 working days before the presentation date (the closing date). NZLS CLE Ltd reserves the right to cancel any session that does not reach the budgeted minimum number of registrations. This decision will be made on the closing date and a full refund will be made to each registrant of the cancelled session. If you cancel your registration before the closing date, a refund will be made, less a $200 administration fee. After the closing date, there will be no refund. You may transfer your registration to another person until five working days before the presentation. Please advise NZLS CLE Ltd in writing of the change. PRIVACY ACT 1993 The information requested on this registration form is for NZLS CLE Ltd and the sponsors only. I do not wish the sponsors to receive my contact details. Non-members $770 $820 PAYMENT PAY BY ENCLOSED CHEQUE: Payable to NZLS CLE Ltd PAY BY DIRECT CREDIT: Acc. Name NZLS CLE Ltd. Acc. Number (Include your surname & name of organisation as the reference) PAY BY CREDIT CARD Card Number: Expiry: / Card security code: Name on Card: Visa Cardholders Signature: Mastercard Amex 8

11 LEARNING ON DEMAND ONLINE CPD FOR LEGAL EXECUTIVES Have you tried it? CPD Online LEARNING ON DEMAND Online CPD modules are short, online learning programmes that you can complete 24/7. All you need is a computer, tablet or smart phone that is connected to the internet there are no apps to download. 59 modules to choose from new modules added regularly. All modules are CPD compliant. Added benefits Convenient 24/7 access Learn at your own pace Complete in one go or pick up where you left off Includes booklet Priced from $91 incl GST Modules range between 1-2 CPD hours SOME OF THE MODULES AVAILABLE Asset Protection Update Not-For-Profits changes and challenges Caveat Update Privacy Law where are we now? Consumer Law Reform Current Tax Issues in Property Earthquake Strengthening Requirements - impact on commercial buildings Ethics - framing costs and managing client expectations Gifting 12 months on Implications of Incorporated Societies Law Reform Mediation how to influence the outcome Mortgagee Sales Property converting cross leases to freehold and unit title Residential Care Subsidy MSD policy and legal developments Sale and Purchase of Apartments what s trending now? Settlement and E-dealing contentious issues Trustees meeting obligations and minimising risk Unit Title Developments a survey perspective Unit Titles the year in review New NZLS Property Guidelines LOGIN AT: 9

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