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		<title>Saunders &amp; Co News</title>
		<link>http://www.saunders.co.nz/news/</link>
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			<title>2012/13 Graduate Programme begins</title>
			<link>http://www.saunders.co.nz/2012-13-graduate-programme-begins/</link>
			<description>&amp;lt;p&amp;gt;Saunders &amp;amp;amp; Co has an ongoing tradition of employing university undergraduates as summer clerks and research clerks for work experience purposes. Many have&amp;amp;nbsp;gone on to become permanent members of staff, right through to partner level.&amp;lt;/p&amp;gt;<br />&amp;lt;p&amp;gt;We commence our annual search for new &amp;quot;Saunders People&amp;quot; &amp;amp;nbsp;at the&amp;amp;nbsp;&amp;lt;a href=&amp;quot;http://www.canterbury.ac.nz/ &amp;quot; target=&amp;quot;_blank&amp;quot;&amp;gt;University of Canterbury &amp;lt;/a&amp;gt;Law faculty careers evening, being held this year on Tuesday 6th March. Our current summer clerk, Megan Gregson,&amp;amp;nbsp;offers an insight into life at&amp;amp;nbsp;Saunders &amp;amp;amp; Co.&amp;amp;nbsp;&amp;lt;/p&amp;gt;<br />&amp;lt;p&amp;gt;&amp;amp;nbsp;&amp;lt;/p&amp;gt;<br />&amp;lt;h3&amp;gt;&amp;lt;span class=&amp;quot;red&amp;quot;&amp;gt;The chance to summer clerk at Saunders &amp;amp;amp; Co has been an unrivalled opportunity&amp;lt;/span&amp;gt; to experience the reality of life as a lawyer. From the beginning I was immersed in real and thought-provoking work.&amp;amp;nbsp;&amp;lt;/h3&amp;gt;<br />&amp;lt;p&amp;gt;Unlike summer clerking in other firms, I was not stuck in a particular team or area of law, but was lucky enough to experience the rich diversity of law that Saunders &amp;amp;amp; Co practices. I had the chance to work closely with a number of the partners and lawyers in their specialist areas, and it is for this reason that I can truly say that each day presented something new and exciting.&amp;lt;/p&amp;gt;<br />&amp;lt;p&amp;gt;I prepared applications to the High Court, researched for on-going litigation, attended client meetings and Court hearings, completed business settlements, drafted affidavits and everything in between. Such exposure has afforded me with skills and knowledge that simply cannot be taught at University.&amp;amp;nbsp;&amp;lt;/p&amp;gt;<br />&amp;lt;p&amp;gt;It has been a steep learning curve but along the way I have had the help and trust of everyone that works here. Everybody in the team is friendly and approachable, making it a supportive environment in which to confront new challenges. I was able to draw upon the depth of knowledge and experience surrounding me, whilst also being able to provide input myself.&amp;lt;/p&amp;gt;<br />&amp;lt;p&amp;gt;I have been able to observe and engage first hand in what it means to be a lawyer at Saunders &amp;amp;amp; Co. I noticed that at Saunders &amp;amp;amp; Co, the client - lawyer relationship was one built on the ability of the lawyer to listen and comprehend the client&#39;s issue with compassion and understanding, and then provide a focused solution in a way that the client understood. This approach is why I think that it is such a successful, respected firm.&amp;amp;nbsp;&amp;lt;/p&amp;gt;<br />&amp;lt;p&amp;gt;My time at Saunders &amp;amp;amp; Co has been both memorable and invaluable. For me, it has been a great place to work; one in which I have been able to realise my potential and expand my knowledge in the practicalities of law.&amp;lt;/p&amp;gt;</description>
			<pubDate>Thu, 02 Feb 2012 18:25:00 -0600</pubDate>
			
			
			<guid>http://www.saunders.co.nz/2012-13-graduate-programme-begins/</guid>
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			<title>2011/12 Graduate Programme begins</title>
			<link>http://www.saunders.co.nz/2011-12-graduate-programme-begins/</link>
			<description>&amp;lt;p&amp;gt;&amp;lt;img class=&amp;quot;left&amp;quot; src=&amp;quot;http://www.saunders.co.nz/assets/Uploads/NewFolder/_resampled/ResizedImage300200-UC-05-0407-19-copy.jpg&amp;quot; width=&amp;quot;300&amp;quot; height=&amp;quot;200&amp;quot; alt=&amp;quot;&amp;quot; title=&amp;quot;&amp;quot; /&amp;gt;Saunders &amp;amp;amp; Co has an ongoing tradition of employing university undergraduates as summer clerks and research clerks for work experience purposes. Many have&amp;amp;nbsp;gone on to become permanent members of staff, right through to partner level.&amp;lt;/p&amp;gt;<br />&amp;lt;p&amp;gt;We commence our annual search for new &amp;quot;Saunders People&amp;quot; &amp;amp;nbsp;at the&amp;amp;nbsp;&amp;lt;a href=&amp;quot;http://www.canterbury.ac.nz/ &amp;quot; target=&amp;quot;_blank&amp;quot;&amp;gt;University of Canterbury &amp;lt;/a&amp;gt;Law faculty careers evening, being held this year on 8 March. Our current summer clerk, Rachel Mortiaux,&amp;amp;nbsp;offers an insight into life at&amp;amp;nbsp;Saunders &amp;amp;amp; Co (we edited out all the bad bits).&amp;amp;nbsp;&amp;lt;/p&amp;gt;<br />&amp;lt;h3&amp;gt;Saunders &amp;amp;amp; Co has a culture that is unique.&amp;lt;/h3&amp;gt;<br />&amp;lt;p&amp;gt;It provides one with the opportunity of an exciting legal career balanced with social options. It is greatly satisfying working in an impeccably professional yet friendly environment with the chance to take part in social, sporting and legal activities. Saunders &amp;amp;amp; Co is no boring, run of the mill firm, but exciting, and challenging. It is a firm that espouses and models exceptional professional standards coupled with community care and involvement.&amp;lt;/p&amp;gt;<br />&amp;lt;p&amp;gt;Summer clerking at Saunders &amp;amp;amp; Co allowed me to work alongside the best lawyers in Christchurch and gain valuable hands-on experience. I was immediately given responsibility and opportunities to be creative, productive, and part of a rewarding work environment. I have enjoyed a lot of court time and am often putting into practice what I have learnt at University. I have been given an extensive range of tasks, covering many different areas of law. Such experience is invaluable and gave me incredible insight into how to apply New Zealand law.&amp;amp;nbsp;&amp;lt;/p&amp;gt;<br />&amp;lt;p&amp;gt;As a summer clerk, Saunders &amp;amp;amp; Co has given me an exciting opportunity to be part of a fantastic, unique and professional team who have involved me, and supported me throughout my time at the firm. I can uncategorically say the staff at Saunders &amp;amp;amp; Co are the best I have ever worked with. They are fun and outgoing, and easy to build rapport with. I&#39;ve found the staff to be very real and approachable people. Therefore they have integrity and I believe these qualities are what enables the firm to enjoy the stunning reputation it seems to have in the community.&amp;amp;nbsp;&amp;lt;/p&amp;gt;<br />&amp;lt;p&amp;gt;Saunders &amp;amp;amp; Co focuses on the client, always, not on making money. This is what makes them stand out. They are fun and know how to balance work with family life. I have always wanted to work somewhere where I have felt excited to come to work every day. Saunders &amp;amp;amp; Co has provided me with that experience.&amp;lt;/p&amp;gt;<br />&amp;lt;p&amp;gt;As a summer clerk, I went into the firm with high expectations. Saunders &amp;amp;amp; Co exceeded all of them. They continue to do so. They not only provide outstanding legal service to clients, but outstanding mentoring and education to their staff. I have never felt so part of a team, yet been given every opportunity to shine as an individual.&amp;amp;nbsp;&amp;amp;nbsp;&amp;lt;/p&amp;gt;<br />&amp;lt;p&amp;gt;Summer clerking at Saunders &amp;amp;amp; Co has been an invaluable and unforgettable experience.&amp;lt;/p&amp;gt;</description>
			<pubDate>Thu, 17 Feb 2011 13:15:00 -0600</pubDate>
			
			
			<guid>http://www.saunders.co.nz/2011-12-graduate-programme-begins/</guid>
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			<title>Gift Duty Abolition and the effect on Trusts: the good, the bad, and the likely (implications)</title>
			<link>http://www.saunders.co.nz/gift-duty-abolition-and-the-effect-on-trusts-the-good-the-bad-and-the-likely-implications/</link>
			<description>&amp;lt;p&amp;gt;The recently announced abolishment of&amp;amp;nbsp;gift duty forces one to muse the logic of its existence for an entire 125 years when apparently it was making little revenue for the country. What was the point of it? Does this&amp;amp;nbsp;now place trust structures in harm&#39;s way? The abolishment, which comes into force&amp;amp;nbsp;October 2011, has certainly prompted concerned taxpayers to ask whether their assets will still be safe.&amp;lt;/p&amp;gt;<br />&amp;lt;p&amp;gt;Let us consider the background. Earlier this year Finance Minister Peter Dunne informed the nation that a review of the gift duty would be taking place due to the significant compliance costs that outweighed any benefits. It was established that gift duties in New Zealand generated an approximate $70 million dollars per year in compliance costs, while only raising on average $2.2 million dollars in revenue for the Government.&amp;lt;/p&amp;gt;<br />&amp;lt;p&amp;gt;Gift duty was originally implemented to prevent people circumventing estate duty. Estate duties were abolished in 1992, but gift duties remained in place to prevent people from giving away large assets in order to avoid paying creditors, obtain access to Government benefits or avoid tax liability. It has been argued that the abolition of the gift duty will&amp;amp;nbsp;allow people to more easily hide assets in trusts to avoid creditors and tax, and use this opportunity to obtain access to rest home subsidies. This was one of the major concerns in reviewing whether the gift duty should be abolished. But Peter Dunne assures all that there are adequate measures in place to prevent such manipulations and protect creditors. Once the gift duty is abolished, the Government will monitor the effect on the economy and tax system to ensure there are no unintended effects or unexpectedly arising oversights.&amp;lt;/p&amp;gt;<br />&amp;lt;p&amp;gt;The current gifting duty programme, (which will run until the abolishment of the gift duty on the 1&amp;lt;sup&amp;gt;st&amp;lt;/sup&amp;gt; October 2011), imposes a tax for any gift more than $27,000, and therefore the decision to abolish the gift duty has particular relevance to those looking to set up a trust. Trusts have been part of our legal fabric for centuries and essentially represent a future promise or obligation by the trustees to the beneficiaries. A settlor creates the trust by transferring an asset or group of assets to the trustees. Because of gift duty, this transfer of assets traditionally has been gifted to the trustees over a number of years.&amp;lt;/p&amp;gt;<br />&amp;lt;p&amp;gt;&amp;amp;nbsp;&amp;lt;/p&amp;gt;<br />&amp;lt;p&amp;gt;Once the gift duty is abolished, new assets can be transferred to a trust without the need for a gifting programme, and existing debts can be forgiven in full. It has been argued that this ensures immediate protection against any future claims from creditors, and trust clients should welcome the decision to abolish gift duty, as it will facilitate the setting up and maintaining of a trust. The abolishment of the gift duty will allow people to simply give their assets to a trust, and where there is an existing gifting regime, to simply gift off the balance of the debt. Trust clients have the potential then, under this new scheme to save significantly.&amp;lt;/p&amp;gt;<br />&amp;lt;p&amp;gt;However, things may not be so clear-cut and as such, perhaps we should not celebrate too early. Government agencies such as WINZ and Inland Revenue could potentially establish new rules and procedures for how gifts to family trusts are treated. This could mean a trust settlor may not be able to simply gift their assets in one transaction and then expect wider benefits to accrue as a matter of course. The Courts and centre Government will likely apply more scrutiny to the substance of trust arrangements, particularly in regard to the intention of the trust creation. Bona fide arrangements are essential, with &amp;quot;alter ego&amp;quot; trusts treated with more scepticism and open to &amp;quot;trust busting&amp;quot; legislative attack.&amp;lt;/p&amp;gt;<br />&amp;lt;p&amp;gt;&amp;quot;Trust busting&amp;quot; is essentially the power and willingness to look through the legal form of the trust to the essence of transactions and arrangements where they exist for reasons principally other than the creation of a trust. This could lead to a willingness of the Court to force beneficiaries to place pressure on trustees as has recently occurred in the UK Court of Appeal. This may reduce the power and control trustees have over trust assets and further, undermine the intentions of the settlor. There is potential here then for trust assets to be exposed and used by the Courts and Government as a means of meeting costs or fines accrued by beneficiaries for example. If such power exists for trusts to be used in this way there could also be an impact on the actions of trustees who may neglect their responsibilities to the trust and may not remain true to the trust deed.&amp;lt;/p&amp;gt;<br />&amp;lt;p&amp;gt;As the new law comes into force, and settlors continue gifting, one needs to be cautious and consider these issues. Trustees play an important role in the process and need to stay true to the trust deed and maintain good record keeping. Trustees are equally responsible for any decisions made in regard to the trust assets and often it is wise to appoint independent trustees where possible. Independent trustees are valuable in that they can identify personal assets from trust assets. As they have no personal interest in the outcome of any decision, they can be relied upon to act in the best interests of all the beneficiaries and are unlikely to act in the interest of one over another. Furthermore, alter ego arrangements must be avoided at all costs as the Court will render a trust void if it is found to be either a sham or an alter ego trust. This would make assets of the trust available to third parties. Bona fide arrangements then are crucial in creating trusts as it likely to ensure little interference from the Courts or Government bodies.&amp;lt;/p&amp;gt;<br />&amp;lt;p&amp;gt;The new legislation abolishing gift duty will not be imposed until October 2011, so any gifting between now and then will continue under the current regime, and settlors should thus continue to monitor their gifting closely. However, once the new law comes into force, we should exercise caution over the perceived benefits. Pressure from third parties will ensure that structures will come under greater scrutiny than ever before, supported by the Courts and Government agencies motivated by a clear preference for &amp;quot;substance over form&amp;quot;. Bona fide arrangements, independent trustees, good record keeping and disciplined management are all essential elements in ensuring the trust structure meets and maintains its original purpose of benefit and protection to the beneficiaries.&amp;lt;/p&amp;gt;</description>
			<pubDate>Thu, 23 Dec 2010 16:55:00 -0600</pubDate>
			
			
			<guid>http://www.saunders.co.nz/gift-duty-abolition-and-the-effect-on-trusts-the-good-the-bad-and-the-likely-implications/</guid>
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			<title>EQC and Canterbury Earthquake Update</title>
			<link>http://www.saunders.co.nz/eqc-and-canterbury-earthquake-update/</link>
			<description>&amp;lt;p&amp;gt;&amp;lt;img class=&amp;quot;left&amp;quot; src=&amp;quot;http://www.saunders.co.nz/assets/IMG4519web3.jpg&amp;quot; width=&amp;quot;299&amp;quot; height=&amp;quot;448&amp;quot; alt=&amp;quot;&amp;quot; title=&amp;quot;&amp;quot;/&amp;gt;It is now over 3 months since the Canterbury Earthquake and December 4&amp;lt;sup&amp;gt;th&amp;lt;/sup&amp;gt; has recently passed, being a significant date. The standard time frame for a claim to the EQC is 1 month however for this event they extended that timeframe to 3 months. Therefore December 4&amp;lt;sup&amp;gt;th&amp;lt;/sup&amp;gt; 2010 was the last date on which to make a claim.  EQC have gone to great effort to ensure all possible claims are notified and the final tally is now said to be around 160,000.&amp;lt;/p&amp;gt;<br />&amp;lt;p class=&amp;quot;red&amp;quot;&amp;gt;Progress and Timeframes&amp;lt;/p&amp;gt;<br />&amp;lt;p&amp;gt;EQC is currently stating that they are trying to have all claims under $10,000 settled by Christmas 2010. Claims that are over the $100,000 EQC threshold are being dealt with on an &amp;quot;as identified&amp;quot; basis. All other claims between $10,000 to $100,000 are being handled by Fletcher Construction on behalf of EQC. Fletcher Construction are still in the process of setting up offices and systems and their process is not going to be swift. They hope to have all claims inspected only by March of 2011. Land damage is going to take a further 18 months to have remediated. Therefore we recommend that if you have significant damage to your home that is preventing you living at the premises, but you have not had an initial inspection yet they you continue contacting EQC and/or Fletcher Construction. Your own insurance company is not able to deal with the matter until it has been dealt with by EQC.&amp;lt;/p&amp;gt;<br />&amp;lt;p class=&amp;quot;red&amp;quot;&amp;gt;Current Issues&amp;lt;/p&amp;gt;<br />&amp;lt;p&amp;gt;Many people may have had a telephone settlement from EQC for relatively minor damage and been paid the settlement claim. You need to be very sure and confident that this settlement will cover you for all damage, as it is a full and final settlement for your claim.  We also recommend that where you have had a significant claim paid to you such as the EQC maximum then you also need to liaise with:&amp;lt;/p&amp;gt;<br />&amp;lt;p&amp;gt;A. Your mortgagee as they are entitled to the payment; and&amp;lt;br/&amp;gt;B. Your insurer to establish what the exact process will be and what you are going to be able to rebuild, before you bank the EQC settlement.&amp;lt;/p&amp;gt;<br />&amp;lt;p&amp;gt;There are some situations arising where banks are taking the settlements as debt reduction and refusing to readvance due to particular circumstances.&amp;lt;/p&amp;gt;<br />&amp;lt;p&amp;gt;If you have specific earthquake related issues then please contact your usual lawyer immediately or &amp;lt;a href=&amp;quot;http://www.saunders.co.nz/toby-giles/&amp;quot;&amp;gt;Toby Giles&amp;lt;/a&amp;gt;.&amp;lt;/p&amp;gt;</description>
			<pubDate>Thu, 16 Dec 2010 11:00:00 -0600</pubDate>
			
			
			<guid>http://www.saunders.co.nz/eqc-and-canterbury-earthquake-update/</guid>
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			<title>Corporate Challenge 2010</title>
			<link>http://www.saunders.co.nz/corporate-challenge-201/</link>
			<description>&amp;lt;p&amp;gt;Saunders &amp;amp;amp; Co are not known for their running prowess. However we put together a worthy team for this year&#39;s Christchurch corporate challenge around Hagley Park, including an entry into the unofficial canine category, courtesy of David Lang&#39;s&amp;amp;nbsp;labrador, Donald.&amp;lt;/p&amp;gt;<br />&amp;lt;p&amp;gt;From back left: Jeremy Bull, Andrew Riches, Richard Rodeen, Toby Giles, Derek Marshall, Ben Frampton, Vanessa Celements, Shonagh Burnhill, Sarah Sharp, Amanda Johnson, David Lang, Donald.&amp;lt;/p&amp;gt;<br />&amp;lt;p&amp;gt;For full 2010 results, please refer to the corporate challenge &amp;lt;a href=&amp;quot;http://www.corporatechallenge.co.nz/default.asp?PageID=21065&amp;quot;&amp;gt;website&amp;lt;/a&amp;gt;.&amp;lt;/p&amp;gt;<br />&amp;lt;p&amp;gt;&amp;amp;nbsp;&amp;lt;/p&amp;gt;</description>
			<pubDate>Thu, 02 Dec 2010 13:30:00 -0600</pubDate>
			
			
			<guid>http://www.saunders.co.nz/corporate-challenge-201/</guid>
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			<title>LAQC Rules Set to Change</title>
			<link>http://www.saunders.co.nz/laqc-rules-set-to-change/</link>
			<description>&amp;lt;p&amp;gt;In May 2010 the Government announced the introduction of &#39;flow-through&#39; treatment of profits and losses for closely held companies. The Government is keen to implement measures that prevent what is sometimes referred to as &#39;Arbitrage&#39;, the retaining of profits in a company and therefore the use of a company tax rate (28% as of 1 April next year) that is lower than the top personal rate (33% as of the same date).&amp;lt;/p&amp;gt;<br />&amp;lt;p class=&amp;quot;red&amp;quot;&amp;gt;Overview Proposed Changes&amp;lt;/p&amp;gt;<br />&amp;lt;ol&amp;gt;<br />&amp;lt;li&amp;gt;As of 1 April 2011, LAQCs will not be allowed to attribute losses to shareholders.&amp;lt;/li&amp;gt;<br />&amp;lt;li&amp;gt;The legislation will create a new entity, called a &#39;Look through Company&#39; (LTC).&amp;lt;/li&amp;gt;<br />&amp;lt;li&amp;gt;Companies will be allowed to transition across to become an LTC, or alternatively they can change to another business structure (for example a partnership), without any tax cost.&amp;lt;/li&amp;gt;<br />&amp;lt;li&amp;gt;An LTC&#39;s profits and losses will be passed on to its owners, according to each shareholder&#39;s effective interest in the company. This means that losses and profits will be deducted or taxed at the owner&#39;s marginal tax rate.&amp;lt;/li&amp;gt;<br />&amp;lt;li&amp;gt;Losses in LTCs will only flow through to owners to the extent that those losses reflect their economic loss as opposed to book losses.&amp;lt;/li&amp;gt;<br />&amp;lt;li&amp;gt;Owners must elect to become an LTC. In other words, you or your accountant will need to complete precise IRD forms to ensure an LTC election is valid.&amp;lt;/li&amp;gt;<br />&amp;lt;li&amp;gt;The shareholders of an LTC will be treated as holding the assets of that LTC directly. This raises complex issues when those assets are sold.&amp;lt;/li&amp;gt;<br />&amp;lt;li&amp;gt;The above is all from a tax perspective, an LTC retains its status as a registered company and governed by the Companies Act.&amp;lt;/li&amp;gt;<br />&amp;lt;/ol&amp;gt;<br />&amp;lt;p class=&amp;quot;red&amp;quot;&amp;gt;What are the Options to Change?&amp;lt;/p&amp;gt;<br />&amp;lt;ol&amp;gt;<br />&amp;lt;li&amp;gt;Stay as a Qualifying Company (QC). This means you will not be able to allocate any company losses to shareholders. Losses will need to be used by the company, against other income. If your company makes regular losses, and you want to use those losses against personal income (such as profits from another business, or wages from employment), this option may not work best for you.&amp;lt;/li&amp;gt;<br />&amp;lt;li&amp;gt;Be taxed as an ordinary company. Once again, you will not be able to allocate company losses to shareholders. Also, you will miss out on certain other benefits that QCs enjoy, such as the ability to distribute capital gains without winding up the company.&amp;lt;/li&amp;gt;<br />&amp;lt;li&amp;gt;Be taxed as a Look Through Company (LTC), as summarised above.&amp;lt;/li&amp;gt;<br />&amp;lt;li&amp;gt;Restructure to another type of entity, such as a partnership, a limited partnership, or a sole trader. As you can imagine, such a restructure is not a simple process and will require specific advice.&amp;lt;/li&amp;gt;<br />&amp;lt;/ol&amp;gt;<br />&amp;lt;p&amp;gt;If you have an LAQC or are interested in such matters then we suggest you contact both your lawyer and your accountant to discuss the issues as soon as possible. Remember these changes have not become law yet and are still in draft stage so could change between now and the final cut.&amp;lt;/p&amp;gt;</description>
			<pubDate>Wed, 17 Nov 2010 16:55:00 -0600</pubDate>
			
			
			<guid>http://www.saunders.co.nz/laqc-rules-set-to-change/</guid>
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			<title>Foreshore and Seabed History Explained</title>
			<link>http://www.saunders.co.nz/foreshore-and-seabed-history-explained/</link>
			<description>&amp;lt;p&amp;gt;&amp;lt;img class=&amp;quot;left&amp;quot; src=&amp;quot;http://www.saunders.co.nz/assets/Uploads/beach-web.jpg&amp;quot; width=&amp;quot;448&amp;quot; height=&amp;quot;299&amp;quot; alt=&amp;quot;&amp;quot; title=&amp;quot;&amp;quot; /&amp;gt;The question of who has what rights to the foreshore and seabed in New Zealand is the defining issue of national identity at the beginning of the twenty-first century. As a modern issue, it arose out of the Court of Appeal decision of &amp;lt;em&amp;gt;Ngati Apa [2003]&amp;lt;/em&amp;gt;, which overturned the longstanding position of &amp;lt;em&amp;gt;Re the Ninety Miles Beach [1963]&amp;lt;/em&amp;gt;. In &amp;lt;em&amp;gt;Re the Ninety Miles Beach&amp;lt;/em&amp;gt; Justice North recognised that in early times, and for some time after the signing of the Treaty of Waitangi, Maori customary title existed in relation to the foreshore and seabed. However, he felt that the English Common Law rule that the Crown was entitled to every part of the foreshore prevailed. This presumption was rebuttable only by express grant or statute. Subsequently, the &amp;lt;em&amp;gt;Ngati Apa&amp;lt;/em&amp;gt; decision reversed the law, finding that Maori had jurisdiction to seek customary rights and title.&amp;amp;nbsp; It provoked what commentators describe as a misinformed public reaction of contempt and duly the &amp;lt;em&amp;gt;Foreshore and Seabed Act of 2004&amp;lt;/em&amp;gt; was enacted returning the legal position to what existed prior to &amp;lt;em&amp;gt;Ngati Apa&amp;lt;/em&amp;gt;.&amp;lt;/p&amp;gt;<br />&amp;lt;p&amp;gt;The inequitable nature of the statute, ignoring any claim to aboriginal title, received strong criticism across the common law with the United Nations recognising that it was of a &amp;quot;discriminatory&amp;quot; nature. Therefore, as part of the November 2008 supply and confidence agreement between the Maori and National Parties of New Zealand, an independent Ministerial Review Panel undertook a nationwide consultation process seeking to establish a legislative scheme that best reflected the rights of all New Zealanders. &amp;lt;em&amp;gt;The Marine and Coastal Area (Tikutai Moana) Bill&amp;lt;/em&amp;gt;, which is expected to become law by 2011, reflects the experience of this consultation process providing a framework that is fairer and more durable than its predecessor.&amp;lt;/p&amp;gt;<br />&amp;lt;p&amp;gt;This formal framework is set down to replace the Foreshore and Seabed Act of 2004. &amp;lt;em&amp;gt;The Marine and Coastal Area (Tikutai Moana) Bill&amp;lt;/em&amp;gt; shall vest the foreshore and seabed as common space with public access guaranteed, rather than under Crown ownership as is the position under the Act. Seeking to &amp;quot;guarantee the rights of all New Zealanders to the marine and coastal area&amp;quot; it shall partly assimilate the position to what was briefly had under the Court of Appeal decision of &amp;lt;em&amp;gt;Ngati Apa.&amp;lt;/em&amp;gt;&amp;lt;/p&amp;gt;<br />&amp;lt;p&amp;gt;It will provide recognition of Maori customary interests and rights, however its effect shall not extend to the 12,500 private titles already present within the foreshore and seabed. This recognition provides access to the High Court for groups such as &amp;lt;em&amp;gt;iwi&amp;lt;/em&amp;gt; or &amp;lt;em&amp;gt;hapu &amp;lt;/em&amp;gt;to seek customary marine title for areas where longstanding and exclusive history of use and occupation can be demonstrated. This access is reciprocated for out of court negotiations with the Crown where the same tests shall have to be met in an open transparent manner. Should customary marine title be awarded, or gained through direct negotiation, it confers rights similar to that held under private title, notwithstanding that it cannot be sold and free public access shall be retained in order to best recognise the rights of all New Zealanders. These include, but are not limited too, the ownership of non-naturalised minerals, the right to initiate developments (in accordance with the &amp;lt;em&amp;gt;Resource Management Act 1991&amp;lt;/em&amp;gt;), and the right to permit or decline activities requiring a resource consent in the area covered by titles.&amp;lt;/p&amp;gt;<br />&amp;lt;p&amp;gt;In order to gain customary title an applicant either in the Courts, or by negotiation, must prove that they have had exclusive use and occupation of the area in question from 1840 until the present day without substantial interruption. Additionally, the area that is sought for customary title must also be held in accordance with &amp;lt;em&amp;gt;tikanga&amp;lt;/em&amp;gt; (custom) for which the High Court shall have discretion to decide, and if required, seek expert advice or refer to the Maori Appellate Court to determine. It is important to note that all applications for customary title or customary rights in the marine and coastal area must be filed within 6 years of enactment of the Bill.&amp;lt;/p&amp;gt;<br />&amp;lt;p&amp;gt;Although the Bill has not received universal political support it is a pragmatic step forward in race relations and protection of propriety rights in New Zealand. At the very least it has opened the pathway for &amp;lt;em&amp;gt;tangata whenua&amp;lt;/em&amp;gt; and the Government to negotiate a settlement and, should that not occur, then to proceed in Court, which the &amp;lt;em&amp;gt;Foreshore and Seabed Act&amp;lt;/em&amp;gt; refused to allow.&amp;lt;/p&amp;gt;</description>
			<pubDate>Fri, 24 Sep 2010 16:54:00 -0500</pubDate>
			
			
			<guid>http://www.saunders.co.nz/foreshore-and-seabed-history-explained/</guid>
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			<title>Ferry Road Law Incurs Significant Earthquake Damage</title>
			<link>http://www.saunders.co.nz/ferry-road-law-incurs-significant-earthquake-damage/</link>
			<description>&amp;lt;p&amp;gt;&amp;lt;img class=&amp;quot;left&amp;quot; src=&amp;quot;http://www.saunders.co.nz/assets/Uploads/_resampled/ResizedImage515262-Untitled-4.jpg&amp;quot; width=&amp;quot;515&amp;quot; height=&amp;quot;262&amp;quot; alt=&amp;quot;&amp;quot; title=&amp;quot;&amp;quot; /&amp;gt;Our premises at 697 Ferry Road have been structurally damaged by the Canterbury Earthquake.&amp;amp;nbsp; Plans&amp;amp;nbsp;to implement a major cosmetic overhaul of the building, including disabled access facilities, have now been placed on hold pending&amp;amp;nbsp;the outcome of the damage assessment.&amp;lt;/p&amp;gt;<br />&amp;lt;p&amp;gt;&amp;amp;nbsp;&amp;lt;/p&amp;gt;<br />&amp;lt;p&amp;gt;&amp;amp;nbsp;&amp;lt;/p&amp;gt;<br />&amp;lt;p&amp;gt;The Historic Places Trust and&amp;amp;nbsp;building owner are currently in discussions, however it would appear unlikely that we will be able to return to the building with&amp;amp;nbsp;demolition&amp;amp;nbsp;unfortunately a realistic outcome given the cost to reinstate the building to the new required standards.&amp;lt;/p&amp;gt;<br />&amp;lt;p&amp;gt;Meanwhile we have established a &amp;quot;temporary foothold&amp;quot; directly opposite at 622 Ferry Road. Thanks go to the owner Mr Robert Sleeman for accommodating us at short notice. We are working with our insurer to scope permanent options within the immediate area.&amp;lt;/p&amp;gt;<br />&amp;lt;p&amp;gt;All other contact details remain the same, refer &amp;lt;a href=&amp;quot;http://www.saunders.co.nz/contact/&amp;quot;&amp;gt;here&amp;lt;/a&amp;gt;.&amp;amp;nbsp;&amp;lt;/p&amp;gt;<br />&amp;lt;p&amp;gt;Pictured, professional staff at Ferry Road Law:&amp;amp;nbsp;Lorraine Michell, David Scott, Ria Smith, and Graham French&amp;lt;/p&amp;gt;<br />&amp;lt;p&amp;gt;&amp;amp;nbsp;&amp;lt;/p&amp;gt;<br />&amp;lt;p&amp;gt;&amp;amp;nbsp;&amp;lt;/p&amp;gt;<br />&amp;lt;p&amp;gt;&amp;amp;nbsp;&amp;lt;/p&amp;gt;<br />&amp;lt;p&amp;gt;&amp;amp;nbsp;&amp;lt;/p&amp;gt;</description>
			<pubDate>Mon, 06 Sep 2010 16:15:00 -0500</pubDate>
			
			
			<guid>http://www.saunders.co.nz/ferry-road-law-incurs-significant-earthquake-damage/</guid>
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			<title>Fish and Chip Babies to Get New Threads</title>
			<link>http://www.saunders.co.nz/fish-and-chip-babies-to-get-new-threads/</link>
			<description>&amp;lt;p&amp;gt;&amp;lt;img class=&amp;quot;left&amp;quot; src=&amp;quot;http://www.saunders.co.nz/assets/Uploads/_resampled/ResizedImage393362-ballys-spring-cat4775c.jpg&amp;quot; width=&amp;quot;393&amp;quot; height=&amp;quot;362&amp;quot; alt=&amp;quot;&amp;quot; title=&amp;quot;&amp;quot; /&amp;gt;You may have already heard of the plight of the &amp;quot;fish &#39;n&#39; chip&amp;quot; babies of Africa, so called&amp;amp;nbsp;to draw attention to&amp;amp;nbsp;the practice&amp;amp;nbsp;of sending&amp;amp;nbsp;newborns home from hospital wrapped in newspaper for warmth.&amp;amp;nbsp;&amp;amp;nbsp;&amp;lt;/p&amp;gt;<br />&amp;lt;p&amp;gt;An email recently found its way around&amp;amp;nbsp;the firm&#39;s knitters, asking for volunteers to knit fish &#39;n&#39; chip jumpers and beanies for these babies, many suffering from AIDS.&amp;lt;/p&amp;gt;<br />&amp;lt;p&amp;gt;Knitting patterns were provided and our&amp;amp;nbsp;knitters duly set about casting on!&amp;amp;nbsp; We were given six weeks to complete our mission before having to hand over the finished articles in time for them to be sent off to Africa.&amp;lt;/p&amp;gt;<br />&amp;lt;p&amp;gt;It wasn&#39;t long before family and friends joined our knitting challenge and the click! click! click! of knitting needles could be heard from many a Christchurch house!&amp;lt;/p&amp;gt;<br />&amp;lt;p&amp;gt;When everyone&#39;s donations were finally handed over we had accumulated 42 sets of both the jumper and beanie, plus an additional 17 individual jumpers&amp;amp;nbsp;and a whopping 73 individual beanies!&amp;lt;/p&amp;gt;<br />&amp;lt;p&amp;gt;Knitters shown (from left): Sue Rolston, Gloria Thompson, Sue James, Lesley Mackley, Ria Smith, Shonagh Burnhill, Tracey McDermott, Rosemary Sisson.&amp;lt;/p&amp;gt;<br />&amp;lt;p&amp;gt;&amp;amp;nbsp;&amp;lt;/p&amp;gt;</description>
			<pubDate>Tue, 31 Aug 2010 16:55:00 -0500</pubDate>
			
			
			<guid>http://www.saunders.co.nz/fish-and-chip-babies-to-get-new-threads/</guid>
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			<title>General Manager Performs Balancing Act</title>
			<link>http://www.saunders.co.nz/general-manager-performs-balancing-act/</link>
			<description>&amp;lt;p align=&amp;quot;left&amp;quot;&amp;gt;&amp;lt;img class=&amp;quot;left&amp;quot; src=&amp;quot;http://www.saunders.co.nz/assets/_resampled/ResizedImage400280-24-CHP-Bates.JPG&amp;quot; width=&amp;quot;324&amp;quot; height=&amp;quot;202&amp;quot; alt=&amp;quot;&amp;quot; title=&amp;quot;&amp;quot; /&amp;gt;John Bates, Saunders &amp;amp;amp; Co General Manager featured in a recent article of The Press&#39;s Good Living supplement.&amp;amp;nbsp; The regular column, entitled &amp;quot;Balancing Act&amp;quot;, features busy parents juggling the demands of work and home life.&amp;amp;nbsp;&amp;lt;/p&amp;gt;<br />&amp;lt;h4 align=&amp;quot;left&amp;quot;&amp;gt;What&#39;s your job?&amp;lt;/h4&amp;gt;<br />&amp;lt;p align=&amp;quot;left&amp;quot;&amp;gt;General Manager at legal firm Saunders &amp;amp;amp; Co&amp;lt;/p&amp;gt;<br />&amp;lt;h4&amp;gt;What do you like about your job?&amp;lt;/h4&amp;gt;<br />&amp;lt;p&amp;gt;It started out being accounting/finance based which suited my background, and those areas still remain an important component, but the rest is a variety including IT, human resources, operations and strategic planning.&amp;amp;nbsp; This means every day is different and challenging. The downside is that the job is never done, there is always something to work on and improve.&amp;lt;/p&amp;gt;<br />&amp;lt;h4&amp;gt;What&#39;s your family situation?&amp;lt;/h4&amp;gt;<br />&amp;lt;p&amp;gt;Married to Rachel , with four children&amp;amp;nbsp; Rebecca 6, Lucy 5, Jacob and Meghan 2.&amp;amp;nbsp; My parents and siblings all live in Christchurch which provides for several babysitting options and large family holidays and get-togethers.&amp;amp;nbsp;&amp;amp;nbsp;&amp;amp;nbsp; Rachel is a teacher and recently increased her work to two days a week teaching extension maths.&amp;lt;/p&amp;gt;<br />&amp;lt;h4&amp;gt;Are there stress points in balancing work life and home life?&amp;lt;/h4&amp;gt;<br />&amp;lt;p&amp;gt;Work and home life are always competing for time so it&#39;s a continual balancing act. This inevitably leads to stress at times. I try to keep weekends as free as possible from work.&amp;lt;/p&amp;gt;<br />&amp;lt;h4&amp;gt;Are there warning signs that the balance is out?&amp;lt;/h4&amp;gt;<br />&amp;lt;p&amp;gt;It&#39;s a wake-up call when you and your partner start competing for personal time.&amp;amp;nbsp; The other obvious sign is getting home from work and seeing one of the kids doing something neat for the first time, only to learn that they have been doing it for &#39;&#39;ages&#39;&#39;. Or they mob you at the door like you&#39;ve just returned from space.&amp;lt;/p&amp;gt;<br />&amp;lt;h4&amp;gt;What do you do to try to get the balance right?&amp;lt;/h4&amp;gt;<br />&amp;lt;p&amp;gt;It&#39;s important you keep up friendships outside of the family and continue with interests and sports. There will always be compromises, but it&#39;s surprising what you can achieve with good time management and a sympathetic partner. Even if that means mowing lawns in the dark.&amp;amp;nbsp; When time is at a premium, spending quality time with the children may simply mean enjoying breakfast together or sharing a few laughs at the end of the day. This is often enough at least in the short term to keep connected and satisfied.&amp;lt;/p&amp;gt;<br />&amp;lt;h4&amp;gt;Top tip?&amp;lt;/h4&amp;gt;<br />&amp;lt;p&amp;gt;Tottenham for Champions League next season.&amp;lt;/p&amp;gt;</description>
			<pubDate>Tue, 18 May 2010 16:15:00 -0500</pubDate>
			
			
			<guid>http://www.saunders.co.nz/general-manager-performs-balancing-act/</guid>
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			<title>Annual Recruitment Process in Full Swing</title>
			<link>http://www.saunders.co.nz/annual-recruitment-process-in-full-swing/</link>
			<description>&amp;lt;p&amp;gt;&amp;lt;img class=&amp;quot;left&amp;quot; src=&amp;quot;http://www.saunders.co.nz/assets/Uploads/NewFolder/_resampled/ResizedImage300200-UC-05-0407-19-copy.jpg&amp;quot; width=&amp;quot;300&amp;quot; height=&amp;quot;200&amp;quot; alt=&amp;quot;&amp;quot; title=&amp;quot;&amp;quot; /&amp;gt;Saunders &amp;amp;amp; Co has an ongoing tradition of employing university undergraduates as summer clerks and research clerks for work experience purposes. Several have in fact gone on to become permanent members of staff, right through to partner level.&amp;lt;/p&amp;gt;<br />&amp;lt;p&amp;gt;We recently attended the &amp;lt;a href=&amp;quot;http://www.canterbury.ac.nz/ &amp;quot; target=&amp;quot;_blank&amp;quot;&amp;gt;University of Canterbury &amp;lt;/a&amp;gt;Law faculty careers evening to promote the firm. Our most recent graduate employee, &amp;lt;span class=&amp;quot;red&amp;quot;&amp;gt;Vanessa Clements&amp;lt;/span&amp;gt;, recounts what it is like to now be on the other side of the fence and offers advice to prospective clerks:&amp;lt;/p&amp;gt;<br />&amp;lt;p&amp;gt;&amp;amp;nbsp;&amp;lt;/p&amp;gt;<br />&amp;lt;h3&amp;gt;What a difference a few weeks makes.&amp;lt;/h3&amp;gt;<br />&amp;lt;p&amp;gt;The world of law and all things legal can seem very mysterious to the law student. The practical reality is that the ivy-covered tower is a long way from the office block in town, and there is a challenging road between as you become accustomed to dividing your life into six-minute intervals.&amp;lt;/p&amp;gt;<br />&amp;lt;p&amp;gt;The law recruitment evening occurred exactly one week into my legal career. I felt the deferential glances from the students were a little unwarranted given I&#39;d been standing in the law school only two weeks earlier as a bonafide student. Nevertheless having current knowledge of the difficult job market, I could at least offer some practical advice.&amp;lt;/p&amp;gt;<br />&amp;lt;p&amp;gt;In such a tough job market, these recruitment nights are literally a golden ticket for job opportunities. Senior partners willingly give up their time to talk, often at length with the students, and the junior lawyers offer a wealth of information on practical advice and the pitfalls of the job application process.&amp;lt;/p&amp;gt;<br />&amp;lt;p&amp;gt;There were the standard questions to answer: &amp;quot;Do you have summer clerk positions?&amp;quot; &amp;quot;Yes&amp;quot; (cue look of relief and enthusiasm to pick up prospectus).&amp;amp;nbsp; Some more difficult ones: &amp;quot;What is your childcare policy?&amp;quot; &amp;quot;Er..actually I&#39;m just 23 years old, and haven&#39;t considered this matter in depth. Let me pass you onto a partner&amp;quot;. And the sixty four million dollar question: &amp;quot;What should I do to get a job at your firm?&amp;quot;&amp;lt;/p&amp;gt;<br />&amp;lt;p&amp;gt;The most valuable advice for students looking for a position at a law firm is to find a point of difference from the legions of other law graduates. For me, this was not only summer clerking with Saunders, but also working for them pro bono as a research clerk. A research clerk position is a great foot into the proverbial door of a law firm, a way for you to understand how they work and vice versa for them. My job offer arose from research clerking and I know this is not uncommon practice amongst other firms also.&amp;lt;/p&amp;gt;<br />&amp;lt;p&amp;gt;Saunders &amp;amp;amp; Co are currently offering both research clerk and summer clerking positions and I would strongly advise you should apply for these clerking positions to help begin the transition from University to a legal career.&amp;lt;/p&amp;gt;</description>
			<pubDate>Wed, 14 Apr 2010 13:15:00 -0500</pubDate>
			
			
			<guid>http://www.saunders.co.nz/annual-recruitment-process-in-full-swing/</guid>
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