Database protection - not so protected

Some misreporting of a recent Australian case has put the spot light on what has always been the limited protection afforded to database owners.  Read more

By John Ferner

Published in Business to Business Southern Focus

Councils and contracts - the ins and outs

"Every year councils throughout NZ offer contracts by way of public tender for the supply of goods and services ...".  Read more

By Howard Johnston and Chris Paterson

Published in NZ Local Government Magazine

Principal Environment Court Judge Richard John Bollard
20 April 1940 – 28 April 2009

A tribute from Brookfields Lawyers for NZ Lawyer magazine Judge Bollard died at his home in Auckland on Tuesday 28 April 2009.

A respected member of the legal profession for more than 45 years, John joined the firm of Brookfield Prendergast Schnauer & Smytheman (now Brookfields) in the mid-1960s.  He took over the practice of Professor F M Brookfield who, shortly after John's arrival, left the firm to pursue a purely academic career.  When his fellow partner David Sheppard became a judge of the Planning Tribunal in 1980, John stepped into David's role within the firm and became a specialist environmental and local government practitioner.  His principal client was the Manukau City Council for which he was the City Solicitor from 1980 until 1988.  John quickly made his mark in the planning and local government area and was appointed a Judge of the Environment Court in 1988; then in April 2003 he was elevated to Principal Judge of that court.

John had all the attributes of a successful lawyer.  He was academic and very orderly in terms of his approach to solving problems.   He was determined and tenacious.  John was an exceptionally good administrator of work, particularly that which flowed from the Manukau City Council.  At a personal level, he was very friendly, easy going and approachable, and acted the same toward everybody he encountered.  He inspired immense loyalty in those who worked with him and maintained  close contact with the people with whom he worked at Brookfields up until the day of his death.

Aside from his love for the law, John was an accomplished pianist with a great interest in music.  He also loved a good game of tennis and badminton.  He had a long association with the College Rifles Rugby Union and Sports Club serving as its honorary solicitor for many years. 

John was a devoted family man - he is survived by his wife Shirley, their children Catherine and Graham, son-in-law and daughter-in-law Paul and Fiona, and grandchildren Diana and Isabel.

Judge Bollard will be remembered by many of the partners and staff at Brookfields as a great contributor to and member of the legal profession as well as a wonderful colleague and employer.  As a member of the judiciary, he agonised over balancing everyone's rights and would ensure all affected parties were given every opportunity to be heard.  Those of us who have stood before him in his judicial capacity will always remember him for his astuteness of mind, thoroughness, and his true sense of justice – and his fountain pen, with which he signed off on many notable cases, among them, refusing consent to the siting of the Sky Tower in Grafton, iwi issues from Northland to the Bay of Plenty, coastal erosion at Papamoa, Tauranga's urban limits and approving night games at Eden Park.

Our condolences are extended to Shirley, Cath, Graham and family.

The Environment Court has announced Judge Bollards' replacement as Principal Environment Judge.  It is now Judge Craig Thompson.

Family Law Team Come Out On Top
Brookfields Lawyers Win Prestigious Family Law Award

Brookfields Lawyers is delighted to announce the Family Law Team has won the Guardian Trust Family Law Award at this year’s prestigious NZ Law Awards.

The NZ Law Awards are the highlight of the legal calendar.  It is the only event in New Zealand that celebrates and rewards outstanding examples of excellence in client service by law firms and in-house legal teams, as judged by clients, rather than relying upon a subjectively appointed panel of judges.

Partner and head of the Family Law Team at Brookfields Manukau office, Janice Harland comments;  “We are over the moon. The fact that these awards are judged by feedback from our clients and the positive experience they have had working with us, speaks volumes and proves we are delivering a service to the highest of standards, which is ultimately what we’re here to do.”

CEO of Brookfields Lawyers, David Graham comments; “We are thrilled about the Family Law Team’s achievement.  It really is testament to the hard work and dedication of all involved and fantastic for the firm to be recognised by our clients as the best in this area of expertise.”

Brookfields Lawyers also received first runner up placing of the Canon New Zealand Public Law Award and was second runner up in the Terralink Property Law Award.

Law Awards

The 2008 New Zealand Law Awards Finalists have been announced. Brookfields is a finalist in 8 categories including:

ASB Mid-size Law Firm of the Year Award
College of Law Community Service in Law Award
First Mortgage Trust Banking and Finance Law Award
Guardian Trust Family Law Award
Elementary Solutions Litigation and Dispute Resolution Award
Terralink Property Law Award
Canon New Zealand Public Law Award
Essenze Resource Management and Environmental Law Award

Brookfields' CEO, David Graham, commented that: "For Brookfields, delivering high quality client service is all about carefully listening and responding to client feedback. So, it is quite an honour to be a finalist in 8 categories. The firm was delighted to have been nominated in the first place. We saw the nominations as an indication of our commitment to the delivery of a high level of service to our clients.  Achieving finalist status in eight categories strongly confirms that view.  We take great pride in getting to this stage."

The winners and runners up in each category will be announced at a black tie function at the Auckland Town Hall on Friday 7 November 2008.

Loud and Proud
Brookfields Lawyers Support Loud Shirt Day

What a day! Loud Shirt Day on Friday 26 September was a huge success.  From the fantastically colourful array of shirts (some disturbing), to the fierce inter-department competition, Brookfields Lawyers raised a total of $3000 for its friends at The Hearing House.

The Hearing House is a school based in Greenlane, which is dedicated to helping children who have experienced, and overcome, profound deafness with cochlear implants.  An annual appeal, Loud Shirt Day encourages everyone to wear their loudest and brightest shirts to work and make a donation to help give deaf children a voice.

CEO of Brookfields Lawyers, David Graham comments, “By embracing Loud Shirt Day we really learned how valuable The Hearing House is.  Testament to the great work they do, we had a very special visit from seven-year-old Ali, who stood up in a room full of lawyers and told us her story.”

Ali is profoundly deaf but with cochlear implants and the help of The Hearing House, she now speaks and hears like her hearing peers.

“In the law profession it is crucial to listen and understand those around you, so Loud Shirt day is a special and very relevant opportunity for Brookfields Lawyers to get involved and show its support to a community in need”, comments Graham. “Fundraising for Loud Shirt Day generated some healthy competition between departments, which required creativity and stamina. Naturally the Accounts Department implemented a strict fining regime, with a gold coin required from staff for various accounting related sins.  Commercial Litigation also got stuck in, with Jo “Bad Butcher” Knight firing up a Gourmet Sausage Sizzle for Friday Night Drinks.”

The firm also held an official CEO lunch on Loud Shirt Day with a silent auction of signed celebrity paraphernalia.  Funds raised at the auction went towards the cause.

“Loud Shirt Day was a huge success and we are absolutely delighted that we could get involved and contribute to The Hearing House,” comments Graham.  “A big thank you goes to everyone who participated in what was a fun and very rewarding event.”

Congratulations
To The Winner of The Brookfields Lawyers Employer Of Choice Award

The winners of this year’s Westpac Manukau Business Excellence Awards have been announced. As sponsors of the Employer of Choice Award, Brookfields Lawyers congratulates Solomon Group Education & Training Academy as this year’s winner.

The judges of the Brookfields Lawyers Employer of Choice Award looked for the organisation that could best demonstrate how, through the management of its human resources, it has achieved commercial success. Criteria included well-adopted company values, the provision of stimulating and supportive workplaces, and the active development of all employees.

Solomon Group Education & Training Academy is a family based organisation providing full-time literacy courses to 475 students. Solomon Group invests a large proportion of its turnover in staff and staff support processes, resulting in a happy, well-balanced workforce, deserving of this title.

CEO of Brookfields Lawyers, David Graham comments; “We are thrilled that such a deserving organisation has been recognised for this award.  As a law firm we are heavily reliant on our people – they are our most valuable assets – so we understand the importance of looking after them.  The Solomon Group Education & Training Academy demonstrates that a family approach when it comes to managing staff is important and effective.  We extend our warmest congratulations to them.”

Brookfields has been a loyal sponsor of the Westpac Manukau Business Excellence Awards Employer of Choice Award for the last seven years.  It believes it is a strategic alignment given that it works so closely with Manukau City Council and the Manukau business community.

For a full list of winners you can visit www.bizawards.co.nz

Moving On Up
Promotions abound at Brookfields' Lawyers

Talent is what matters. Technology is important, but it is talent that makes a really good law firm. So the most important investment any law firm can make is in its talent.  Brookfields Lawyers has recognised this by taking top quality people and then training them to be the best. And once they are the best, we make sure they get the recognition they deserve.

We are proud to celebrate the following promotions within our talented team:

Two New Senior Associates
Stephen Corlett and John Watson have both been promoted to Senior Associate.  Stephen has been with Brookfields Lawyers for over three years, specialising in Litigation and Employment law. John specialises in Environmental and Public law has been with the firm for just over a year, although practicing law for over ten years.

New Senior Roles
Stephanie Curran has been promoted to Senior Solicitor.  Stephanie specialises in Environmental and Public law. Stephanie's promotion to the new role of Senior Solicitor is in recognition of her high achievement, dedication and the depth of her experience.

The recipients of promotion to the role of Legal Executive Associate are Lisa Hughes - Litigation, Kirstin Martin - Property, Dianne Hawthorne - Trusts and Estates, Tracy Langevad - Property and Raewyn Yelavich - Property.  Again these promotions recognise the very high levels of expertise.

CEO of Brookfields Lawyers, David Graham comments; “We are absolutely delighted to promote so many of our staff to new positions, which recognise their talent and commitment to the firm.  These appointments highlight our dedication to nurturing and encouraging our people to flourish.”

Northern Health School And Brookfields
Brookfields and its clients support the excellent work of a remarkable school

Every Christmas for the last eight years, Brookfields and its clients has supported the outstanding work done by an incredible organisation. 

In 1999, the Northern Health School was established to centralise education for children who are unable to attend regular schools for health reasons.  It covers the central and northern regions of the North Island – supporting approximately 60% of the population. 

As well as physical classrooms in hospitals, the School's teachers travel throughout the northern and central regions to visit students in their homes.  Meeting the educational challenges presented by this is not easy, and both students and teachers need up to date, and often specialized, resources.

That's where we come in.  Instead of giving corporate Christmas gifts, on behalf of our clients we make an annual contribution to the School. 

This partnership between Brookfields and its clients is part of the help being given to young New Zealanders to overcome health barriers and prepare themselves for the future.  We are proud to sponsor this incredible organization.  We thank our clients for their support, which makes this possible.

We wish our clients, the Northern Health School, its students, its teachers and support staff – a wonderful Christmas and a Happy New Year.

Every year our friends at the NHS supply the artwork for our Christmas cards. Click here to see the picture supplied for Christmas 2007

Three Silvers and a Bronze
Brookfields Lawyers Scores Well at New Zealand Law Awards

Winners of the third annual New Zealand Law Awards 2007 were announced at an award ceremony last night at the prestigious Auckland Museum Event Centre.

The New Zealand Law Awards are the highlight of the legal calendar and the only event in New Zealand that celebrates and rewards outstanding examples of excellence in client service by law firms and in-house legal teams as judged by clients, rather than relying on a subjectively appointed panel of judges.  Brookfields Lawyers received a substantial number of nominations and were placed as finalists in seven categories.

We had an impressive run and although those who attended didn’t arrive in the office with any 'bling', we did feature prominently in four of the seven categories, making our mark with the following achievements:

• 2nd Property Law Award
• 2nd Resource Management and Environment Law Award
• 2nd Mid-size Law Firm of the Year Award
• 3rd Public Law Award

CEO of Brookfields Lawyers, David Graham comments; “It’s an absolutely outstanding result and we can be very proud of our achievement given the competitive industry we work in.  Congratulations must go to all the team at Brookfields and their fantastic work, and a huge thanks to those who supported in these Awards.”

Brookfields Lawyers Appoints new CEO
Businessman Takes Helm of Successful Law Firm

Auckland-based law firm Brookfields has appointed David Graham as its new CEO, continuing its tradition of having a businessman at the helm rather than a lawyer.

Howard Johnston, Chairman for Brookfields Lawyers says, “We are thrilled to have David on board.  Having a 'non-lawyer' in this role, as we have done over the last decade or so, is a real point of difference."

Graham is a seasoned and senior executive with an extensive background in professional services.  Armed with a Bachelor of Commerce and an MBA, Graham has worked nationally and internationally in finance, telecommunications, consulting and legal sectors including senior level experience in PMP Distribution, Simpson Grierson, AT Kearney and Telecom New Zealand.

Graham comments, "This is an exciting period for Brookfields with the partners very keen to embrace new and innovative approaches.  It is refreshing to see the focus placed on providing business, not just legal, advice.  This is testament to decades of loyalty from clients ranging from high profile institutions through to private individuals."

This loyalty also continues through to staff – with even Graham's wife Stephanie, a former lawyer at Brookfields, acting as an enthusiastic advocate for the firm.

Johnston says, “David is here to build on a great base and steer the firm forward to even better outcomes for both Brookfields and its clients.  With his strong experience and fresh eyes, we are sure David will lift our high performing team even further.”

A Stand for our children and our future

At 12:12pm on Wednesday 8 August, Brookfields Lawyers made a united stand against the tragedy of child abuse in this country.  Gathered at the entrance of Brookfields House in Auckland City, staff acknowledged the nationwide call for three minutes silence, in the wake of the devastating and unnecessary death of Nia Glassie.

Brookfields' Chairman Howard Johnston says, “As supporters of the Northern Health School, and having seen the care that is needed and the work that is done to support ill children, we particularly abhor needless suffering of children.

Whilst we acknowledge the underlying causes of child abuse are complex, as a professional organisation and as individuals, we are committed to the welfare of our society and have a zero tolerance policy for killing or injuring our children.”

Outgoing CEO Thrown off Sky Tower!
Brookfields Lawyers staff wish departing CEO best of luck with new role offshore

Outgoing and well respected CEO of Brookfields Lawyers, Kevin Hall, is leaving the top law firm after twelve successful years at the helm.

To wish him well in his new Dubai based role, staff at Brookfields thought a friendly nudge off the sky tower would be a fitting send off.

Colleague and Marketing Manager at Brookfields Lawyers, Sue Thomas says; “Kevin will be sorely missed by colleagues and clients alike.  We wanted to give him a send off he would never forget and wish him all the very best with his adventure ahead.”

The new CEO of Brookfields will be announced in a couple of weeks. Watch this space.

Residential Care Subsidies and Retirement Villages

Brookfields Lawyers Trusts and Asset Management team is presenting a lunchtime seminar about recent changes to residential care subsidies and the new retirement villages disclosure regulations.

When: 17 July 2007
Time: 12.30 to 2.00pm
Where: Brookfields' Boardroom, Level 11, Brookfields House, 19 Victoria Street West, Auckland

Win for developer in Environment Court