Williams & Kawharu on Arbitration – 2nd Edition

Following the successful release of the first edition published in 2011, the highly anticipated second edition is now available hot off the press updated and featuring new topics previously not covered.

Co-authored by both Sir David AR Williams QC and Anna Kirk of Bankside Chambers, the text has been cited on several occasions by the New Zealand courts as an authoritative interpretation of arbitral practice in New Zealand, including by the Supreme Court in Zurich Australian Insurance Ltd t/a Zurich New Zealand v Cognition Education Ltd [2014] NZSC 188 and in Carr v Cook Gallaway Allan [2014] NZSC 75; won the JF Northey Prize 2012 for best legal treatise; and been reviewed favourably numerous times both in New Zealand and internationally.

Further details are available on the ADLS website at:

http://www.adls.org.nz/adls-store/publications-and-merchandise/books/williams-kawharu-on-arbitration,-2nd-edition/

Back to the drawing board for pay equity legislation drafting

Following recognition of pay equity under the Equal Pay Act 1972 in the landmark decision of Terranova Homes & Care v Service and Food Workers Union Nga Ringa Tota Inc [2014] NZCA 516 and the recommendations of a Joint Working Group in 2016, the National-led government produced the Employment (Pay Equity and Equal Pay) Bill. The Bill received mix reviews which applauded its intended purposes but questioned more controversial aspects including its retrospective effect, the test for whether a claim has merit and identification of appropriate comparators. The Bill only narrowly passed its first reading 60-59 in August.

The new Labour-led government has pledged to scrap the Bill and start afresh.

To read the judgment in Terranova:

https://www.employmentcourt.govt.nz/assets/Documents/Decisions/2014-NZCA-516-CA631-2013-Terranova-Homes-Care-Limited-v-Service-Food-Workers-Union-Inc-and-Bartlett.pdf?SubsiteID=1

To read more about the Draft Bill:

https://www.parliament.nz/en/pb/bills-and-laws/bills-digests/document/51PLLaw25161/employment-pay-equity-and-equal-pay-bill-2017-bills

See more at:

http://www.radionz.co.nz/news/national/342834/govt-to-remove-barriers-in-pay-equity-legislation

New robes in the Supreme Court

Following in the steps of the United Kingdom, the New Zealand Supreme Court will no longer feature the traditional red robes.

The new robes, designed by Ros Bignell, intend to display a fusion of both New Zealand’s common law heritage as well as its unique culture:

“Instead of a traditional English design, it features a stylised kauri cone and leaves in the black on black weave, to represent the country of New Zealand and the shelter of the law. New Zealand’s distinctive heritage under the Treaty of Waitangi is reflected in a poutama pattern trim in red, black and gold,” the office said.

“Embroidered shoulder wings feature the three baskets of knowledge of Maori tradition set in fern fronds, representing the common law method which is to work with knowledge of the past and an eye to the knowledge of the future, while adding the insights of the present when responding to the needs and questions of today.”

See more at:

http://www.nzlawyermagazine.co.nz/news/supreme-court-judges-change-robes-243246.aspx

By Michael Greenop

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