10 Hours in One Day for Public Sector Lawyers
212NZW02: Designed specifically for public lawyers, hear from experts on ten of the most topical issues you need to know right now. Examine the latest in climate change, employment law and workplace investigations. Be updated on recent procurement and contracting cases, consumer law and significant developments in judicial review matters. Finally, receive insight into public health and emergency legislation, public inquiries and parliamentary privilege. 10 Hours. One Day. All your CPD hours in one go.
Description
Attend and earn 10 CPD hours
Session 1
Environmental and Workplace Issues Affecting Public Sector Lawyers
Chair: Lisa Hansen, Barrister, Barristers∙Comm
7.30am to 7.35am Comments by the Chair
7.35am to 8.30am
CLIMATE CHANGE-RELATED LEGAL RISK: UNDERSTANDING YOUR LEGAL DUTIES
Climate Change and Public Law
Examining climate change risk and your legal duties in the public sector. The session will cover:
- The relevant legislation
- The evolving common law duties (including with reference to overseas case law)
- Best practice for evaluating and considering climate change legal risk
Presented by Daniel Kalderimis, Barrister, Thorndon and Richmond Chambers and Nicola Swan, Partner, Chapman Tripp
Climate Adaptation Measures
- Climate adaptation duties on local government
- Implications of the Randerson Panel recommendations on climate adaptation
Presented by Professor Catherine Iorns Magallanes, Faculty of Law, Victoria University of Wellington
8.30am to 9.25am Critical Employment Law Update for Government Lawyers
- Post-election legal issues update: What it means for public sector employees
- The Public Service Commission and guidance on employment issues
- Case law update
Presented by Blair Scotland, Partner, Dundas Street Employment Lawyers
9.25am to 10.30am Navigating Workplace Investigations in the Public Sector
- Practical guidance on conducting workplace investigations (and how to avoid the pitfalls)
- Update on 2020 case law
- Preliminary steps: is investigation necessary, who should do it, and under what terms of reference?
- 'Sufficient investigation' and the standard of proof
- Reporting investigation findings: who gets to see the findings?
- Unique public sector issues and requirements
- Whistleblowing, confidentiality and the issue of anonymity
Presented by John Farrow, Partner, and James Cowan, Associate, Anderson Lloyd
Learning Objectives:
- Examine climate change-related legal risk and climate adaptation duties on local government
- Consider the biggest developments in employment law
- Benefit from practical guidance on conducting workplace investigations and consider the unique public sector issues and requirements
Session 2
A Spotlight on Procurement, Regulatory Issues and Judicial Review
Chair: Nicholas Russell, Barrister, Harbour Chambers
10.45am to 10.50am Comments by the Chair
10.50am to 11.50am Public Sector Procurement and Contracting: Recent Case Law
Take a look at recent contractual case law and the practical effects.
Presented by Jane Parker, Partner, MinterEllisonRuddWatts
11.50am to 12.50pm Recent Changes to Competition and Consumer Law: Implications on Public Sector Operations
- Recent and proposed legislative changes; case law highlights
- Commerce Commission’s recent focus
- Implications for regulatory design and decisions
- Impact on public sector operations
Presented by Nick Crang, Partner, Duncan Cotterill
12.50pm to 1.20pm Lunch
1.20pm to 2.40pm Judicial Review: Cases, Developments and their Implications
- Review judicial review case law over the last 12 months
- Key developments and emerging trends
- Practical implications for your clients and organisations
Presented by Matthew Smith, Barrister, Thorndon Chambers
2.40pm to 3.15pm Judicial Review in Tax Matters
The Commissioner of Inland Revenue wields far-reaching statutory power in determining tax liability, collecting outstanding tax and obtaining information. In what circumstances would judicial review proceedings be available to challenge her decisions?
Presented by Pam Davidson, Barrister, Lambton Chambers
Learning Objectives:
- Be updated on the latest in procurement law
- Discuss the recent and proposed legislative changes to competition and consumer law and examine the implications on public sector operations
- Consider and understand recent developments in judicial review
- Gain insight into judicial review proceedings in tax matters
Session 3
Navigating the Powers and Functions of Government
Chair: Linda Clark, Partner, Dentons Kensington Swan
3.30pm to 3.35pm Comments by the Chair
3.35pm to 4.30pm Recent Issues and Developments in Government Public Inquiries
- The Inquiries Act 2013
- Issues which have been encountered in recent inquiries
- Practical lessons for Government and those involved in inquiries
Presented by Simon Mount QC, Bankside Chambers
4.30pm to 5.25pm Public Health and Understanding the Principles of Emergency Legislation
- Overview of the principles of emergency legislation
- The COVID-19 response: the use of emergency powers under the Health Act 1956 and other legislation
- The new COVID-19 Public Health Response Act 2020
- Legal challenges to the COVID-19 response, including Borrowdale v Director-General of Health
Presented by Natasha Wilson, Special Counsel, Buddle Findlay
5.25pm to 6.20pm Parliamentary Privilege: What Public Sector Lawyers Need to Know
- The basics of parliamentary privilege
- Select committees and privilege issues
- Natural justice and responses
- The OIA and parliamentary privilege
- Recent developments and declarations of NZBORA inconsistency
Presented by Debra Angus, Barrister, Lambton Chambers
6.20pm to 6.30pm Final Q+A and Closing Comments by the Chair
Learning Objectives:
- Reflect on the latest issues in recent public inquiries and the practical lessons for Government and those involved
- Examine the principles of emergency legislation
- Gain a deeper understanding of parliamentary privilege
Presenters
Lisa Hansen, Barrister, Barristers∙Comm
Lisa is a barrister specialising in civil and commercial dispute resolution (litigation, arbitration and mediation, and negotiation) having a particular interest and expertise in public and administrative law, contract and negligence claims, ACC, employment, medico-legal issues, resource management/public works issues, fire arms issues and relationship property. Lisa has a solution-focused approach and aims to achieve positive outcomes for her clients efficiently and cost effectively. Lisa also undertakes independent investigations both in employment and government matters. Lisa became a barrister on 1 February 2010. Prior to the bar she was Crown Counsel at Crown law for 13 years after working at the Department of Conservation’s West Coast Conservancy, and Caudwells Dunedin.
Daniel Kalderimis, Barrister, Thorndon and Richmond Chambers
Formerly a senior litigation partner at Chapman Tripp, Daniel has appeared at all levels of the New Zealand court system and in numerous arbitrations and mediations. Daniel also provides advice and representation on a wide range of international legal issues. With world-class expertise in public and private international law, cross-border litigation and international arbitration, he publishes widely and has for many years been listed in Who's Who Legal: Arbitration, which says “he has real genius and a razor-sharp understanding of legal issues, which he translates into effective advocacy" (2019). Daniel is active before the courts in the emerging area of legal duties and climate change.
Nicola Swan, Partner, Chapman Tripp
Nicola has particular expertise in international and New Zealand-based commercial arbitration and litigation, public international law, public law and climate risk. Recognised by clients as having excellent rapport in developing effective case and advocacy strategy, she has broad experience before international arbitral tribunals and in domestic courts. Prior to returning to Wellington in 2019, Nicola practised in London for seven years with a major US law firm, Debevoise & Plimpton LLP. Today, she advises clients across a range of industries including in the energy, oil & gas, utilities, extractive, private equity, professional services, banking and telecommunications sectors.
Professor Catherine Iorns Magallanes, Faculty of Law, Victoria University of Wellington
Catherine Iorns is an award-winning Law Professor at Victoria University of Wellington. She has more than 25 years' experience teaching and researching on environmental law, indigenous rights and statutory interpretation, including a focus on climate change. Recently she completed a large research project for the Deep South National Science Challenge on New Zealand's laws on adaptation to sea-level rise. Catherine's additional roles include being the Academic Adviser to the NZ Council of Legal Education, a member of the IUCN World Commission on Environmental Law, and New Zealand's nominee to the IUCN governing world Council.
Blair Scotland, Partner, Dundas Street Employment Lawyers
Blair Scotland has over 20 years' experience advising both public and private sector clients on employment matters. Blair has an LLM (Hons) and a BA (Criminology) from Victoria University. He was admitted to the Bar in 1997 and joined the public service, firstly with the Department of Internal Affairs and then the Ministry of Social Development. He then moved to Telecom New Zealand Limited in an employment law role, and subsequently worked as a Senior Associate in the legal team of what is now Business Central (formerly EMA Central) for six years. Most recently, he was a Principal at Chen Palmer before setting up Dundas Street Employment Lawyers with Susan Hornsby-Geluk.
John Farrow, Partner, Anderson Lloyd
John is the Partner leading Anderson Lloyd's national employment team. He specialises in Employment and Health & Safety law. John's expertise covers the full range of employment matters, including those which involve criminal and civil aspects. John has represented employees, senior executives, small to medium businesses, councils, local authorities, and corporates. He is a LEADR-accredited Mediator and Member of the Institute of Directors and is the immediate past-President of the Otago Branch of the New Zealand Law Society. John is named in the 'Best Lawyers in New Zealand' publication, Labour and Employment Law category.
James Cowan, Associate, Anderson Lloyd
James has particular specialist expertise in investigations involving fraud, conflicts of interest, bullying, corruption, or other serious misconduct across all industries. He regularly conducts and advises on workplace investigations. Prior to his current Dunedin-based role James spent six years working in Auckland, first for a large commercial law firm and then in a specialist forensic and employee investigations role in the professional services industry.
Nicholas Russell, Barrister, Harbour Chambers
Nicholas Russell has over 20 years’ experience in civil litigation and public law. He has appeared as counsel in a wide range of key cases at the High Court, Court of Appeal, Supreme Court and Privy Council, as well as the High Court and Court of Appeal in the Cook Islands. Prior to joining Harbour Chamber in 2020, Nicholas was a partner at Chen Palmer, New Zealand’s leading specialist public law firm. Nick’s main areas of practice includes public law litigation and judicial review, commercial litigation, media and defamation, regulatory and health law.
Jane Parker, Partner, MinterEllisonRuddWatts
Jane Parker is a Partner at MinterEllisonRuddWatts and leads the firm's Technology team. She specialises in commercial law, particularly technology, energy, public sector contracting, procurement and governance. Jane has worked in and with organisations at various stages of maturity (theirs and hers) and regularly advises on her client's most business critical and complex projects.
Nick Crang, Partner, Duncan Cotterill
Nick specialises in public law, administrative law, competition and regulatory law, and energy law, and leads the nationwide public law practice. His recent work includes advising on competition issues under Part 2 of the Commerce Act and in mergers, pricing for monopoly infrastructure services, telecommunication deals, mergers in the public sector, funding arrangements and other contracts in the public sector. He has advised on regulation in the broadcasting sector, and decisions under electricity and telecommunication laws. Nick works for government departments, Crown entities, regulators, and other organisations in the public sector, such as industry training organisations. In the private sector, he works for telecommunication, energy and broadcasting companies, airports and seaports.
Matthew Smith, Barrister, Thorndon Chambers
Matthew Smith is a barrister at Thorndon Chambers in Wellington. He has a broad public and commercial law practice, encompassing regulatory, Māori, human rights and environmental law, and with a special expertise in judicial review and the use of public law tools to achieve meaningful outcomes for clients. Matthew's non-litigation work tends to involve the provision of legal and strategic advice and support in a range of settings, including public inquiries, regulatory investigations, consultation processes and Parliamentary/law reform processes. Matthew is the sole author of the New Zealand Judicial Review Handbook - a comprehensive text on judicial review in New Zealand that is now in its second edition.
Pam Davidson, Barrister, Lambton Chambers
Pam Davidson is a barrister practising from Lambton Chambers in Wellington. Her areas of expertise include taxation and public law. She is the author of Taxation of Property Transactions in New Zealand (Thomson Reuters, 2016) and a member of the Tax Law Committee of the New Zealand Law Society. She has presented at and chaired a number of tax conferences and seminars and written articles on various aspects of tax law. She has advised on and acted as counsel in a wide variety of tax, public law and other civil litigation matters. Pam graduated LLB from the University of Canterbury in 1982 and completed an LLM from Victoria University of Wellington in 1994.
Linda Clark, Partner, Dentons Kensington Swan
Linda Clark is a partner in Dentons Kensington Swan (formerly Kensington Swan)’s public law and dispute resolution team based in Wellington. Linda manages a diverse range of complex legal, political and regulatory relationships and disputes. She is a specialist in judicial review, public law disputes and processes, investigations and defamation. She is also experienced in mediations and coronial inquiries. In addition, Linda is frequently engaged by commercial boards and CEOs to provide strategic insight and analysis. Linda and her team also provide tailored crisis management support and advice to government and regulatory investigations, inquiries or prosecutions. Linda is a member of the board of New Zealand on Air, the Wellington College Board of Trustees and the New Zealand Police Risk Assurance Committee.
Simon Mount QC, Bankside Chambers
Simon Mount QC practises in Auckland and Wellington. He specialises in public law, criminal and regulatory law including health and safety, professional discipline and public inquiries. Simon began his career as a Judges Clerk in 1995, received a Fulbright Scholarship in 1997, and an LLM degree from Columbia Law School in New York in 1999. He was a Crown Prosecutor for 10 years before joining the independent bar and working primarily in the fields of public law, inquiries, regulatory law, criminal law and professional discipline. He is admitted to practise in the Cook Islands and is the Attorney-General for the Pitcairn Islands. He is an updating editor of Cross on Evidence, and a frequent author and presenter in the areas of public law, inquiries, evidence, criminal and medical law
Natasha Wilson, Special Counsel, Buddle Findlay
Natasha is a member of Buddle Findlay’s public law team in Wellington, and has extensive experience in the health, education, and science and technology sectors. She advises government departments, crown entities and State-owned enterprises, as well as private clients, on a range of public, regulatory and commercial matters. Natasha has played a leading role in advising the public health sector on the funding and delivery of critical services including primary health care, age-related residential care, and pharmacy services, representing several billion dollars of public spending annually. She also regularly advises clients on the legislative process, statutory decision-making, and compliance with administrative law obligations.
Debra Angus, Barrister, Lambton Chambers
Debra Angus is a barrister at Lambton Chambers, specialising in public law and democratic governance. She is an expert adviser on constitutional, parliamentary and electoral law, public finance management and public audit issues. Debra is a former Deputy Clerk of the New Zealand House of Representatives and has been a legal adviser to the Privileges Committee, the Regulations Review Committee and select committees. Debra was formerly a Crown Counsel and has a wide range of public sector, law drafting, regulatory and litigation experience.
Venue
InterContinental Wellington
Level 1, 2 Grey Street
Wellington 6011
New Zealand
Parking
Limited valet parking available at $20 per day. Additional parking available at Wilson Parking with $5 per half hour and $22 for early-bird. Parking is not included in the registration fee and price is subject to change.
Directions
The Intercontinental is a 2 min walk from Lambton Quay which has a number of buses going to airport and suburbs. It's a 10 min walk to the nearest train station. Taxis are also available downstairs at the hotel entry