Public Law: A New Public Law Environment
Settle in for a comprehensive round up of the latest developments, cases, new legislation and trends impacting the public sector delivered by the Parliamentary Counsel, Crown Law and leading practitioners. With the sector facing a proliferation of inquiries and governmental reviews, anticipated privacy reforms, the impact of the Legislation Bill 2017, and challenges and changes in Crown and Māori issues brought about by a new government
Description
Attend and earn 7 CPD Hours
This conference was recorded in NZ on 4 September 2018
Session 1
Current Public Law Issues
9.00am to 9.05am Opening Comments by the Chair
Chair: Jack Hodder QC, Thorndon Chambers
9.05am to 9.50am: INSIGHTS FROM THE PARLIAMENTARY COUNSEL OFFICE: The Legislation Bill2017: What does it Mean for Government Lawyers?
Examine the practical implications of the Legislation Bill 2017 for the stewardship of New Zealand legislation, including:
- How it will improve access to secondary legislation by defining secondary legislation, requiring agencies to identify and notify their secondary legislation, and ultimately requiring its publication on the New Zealand legislation website
- Legislative requirements for disclosure statements and other improvements to be made to the rules for making and interpreting legislation
Presented by Cassie Nicholson, Deputy Chief Parliamentary Counsel (Drafting) and Tim Workman, Associate Parliamentary Counsel, Parliamentary Counsel Office
9.50am to 10.35am: The Crown and Māori Legal Issues: Challenges and Change in a New Political Landscape
- Recent court decisions affecting Māori interests and issues, both Treaty and non-Treaty
- Initial observations on the Crown/Māori relationship in post-election political environment
- Ongoing developments and innovation in Treaty settlements
- Future issues and challenges for the Crown and Māori
Presented by Jamie Ferguson, Partner, Kahui Legal
10.35am to 11.20am: Inquiries and Reviews: The Legal Context and Issues Arising
There appears to be a proliferation of inquiries and governmental reviews - some 118 according to a recent count. Examine the nature of these inquiries and reviews, the laws regulating their establishment, functions and conduct and issues that have arisen and are likely to arise.
Presented by Gregor Allan, Barrister, Port Nicholson Chambers
11.20am to 11.35am Morning Tea
11.35am to 12.20pm: Judicial Review: Recent Decisions and Practical Implications
This practical session will update you on recent decisions and address their implications for public law decision-makers and those tasked with assisting them in practice. Learn where others have got it right and wrong, take away key tips to avoid judicial review pitfalls, and gain a fresh insight in applying key principles in decision making processes.
Presented by Matthew Smith, Barrister, Matthew Smith Barrister
12.20pm to 1.05pm: Conflicts of Interest: Cutting Problems off at the Pass
Address the perils of conflicts of interest in public sector governance and decision-making and discuss:
- Who needs to aware of conflicts of interest?
- What are the legal principles that apply?
- How do you identify, avoid and manage conflicts if they arise?
Presented by Elana Geddis, Barrister, Harbour Chambers
1.05pm to 1.15pm Final Q&A and Closing Comments by the Chair
Learning Objectives
- Analyse the Legislation Bill 2017 and its meaning for Government lawyers
- Understand the latest challenges to Māori legal issues
- Consider recent judicial review decisions and the perils of conflict of interest in the public sector governance and decision making
- Examine how to deal with the impacts of inquiries and reviews
Session 2
Privacy, Information Handling and Security
Chair: Adrian van Hest, National Cyber Practice Leader, PwC; NZ CERT Establishment Advisory Board
2.00pm to 3.00pm: Privacy Law Update: New Privacy Reform and GDPR
- Law Reform - Privacy Bill: proposed changes and potential impact
- GDPR: impact on New Zealand entities with European exposure, including:
- When the GDPR might apply to your agency
- Major themes and frequently asked questions
Presented by Jane Parker, Partner and Kate Anderson, Senior Associate, MinterEllisonRuddWatts
3.00pm to 4.00pm: Holding Confidential Information and Managing its Security
- Obligations and duty of the government to protect information
- Duty of care
- Recent cyber-attacks
- What are the potential risks and what does a cyberattack look like?
Presented by Joanne Lu, Director, Cyber Privacy and Resilience, Deloitte
4.00pm to 4.15pm Afternoon Tea
4.15pm to 5.15pm: Release and Withholding of Information
- Information sharing between individual public agencies and between public agencies and private entities
- Disclosure of metadata
- Grounds for withholding
- The meaning of ‘readily retrieved’
- Extending time for responding to requests
- Withholding of deliberative process material by Ministers in judicial review proceedings
- Relationship between disclosure of information under the OIA/Privacy Acts and discovery under the High Court Rules
- Remedies and penalties for wrongful withholding/destruction of information
Presented by Austin Powell, Senior Crown Counsel, Crown Law
Learning Objectives
- Gain an understanding of current developments in privacy reform and GDPR compliance
- Review the public sector’s obligation and duty to protect information and to ensure its security
- Understand the parameters on releasing and withhold information between individual public agencies and between public agencies and private entities