Upcoming NZAL Lawyers CPD Session -
"Chinese rule of law and how it differs to that in New Zealand"
Date: Monday, September 2, 2019 Time: 5 pm to 7:20 pm Venue: NZ Law Society Auckland Branch, Level 12, 51 Shortland Street, Auckland Registration fee: $60
The CPD event will provide critical guidance for:
Lawyers who are not Chinese, to help them effectively advise Chinese clients, and to negotiate effectively with Chinese parties on the other side of a transaction;
Chinese lawyers, to better understand the differences between the Chinese and New Zealand rule of law when advising Chinese clients about the New Zealand courts; and
Those presiding over proceedings involving Chinese parties or administering justice to Chinese parties
The next event for NZAL Lawyers will be held on 2 September 2019. The event is titled “Chinese rule of law and how it differs to that in New Zealand.”
The event is a unique opportunity for all practitioners to hear from top academic experts, experienced practitioners and a High Court Judge, to learn about the different rule of law culture in China, and to understand Chinese cultural factors when representing Chinese clients.
5:00-5:05 pm
Barrister and Solicitor Gurbrinder Aulakh will speak on his experience that the difference in culture is most acute for clients from Mainland China, as other Asian countries may have a commonwealth background and speak English such as India and Singapore.
5:05-6:00 pm
Professor Sarah Biddulph is Assistant Deputy Vice Chancellor- International (China) and Director, Asian Law Centre, Melbourne University School of Law. She is an expert on the Chinese legal system, with her research focussing particularly on legal policy, law making and enforcement as they affect the administration of justice in China. Professor Biddulph has previously practised law in both Australia and Shanghai and so will have a unique perspective to share with lawyers attending the event.
Professor Biddulph will speak to the Chinese understanding of what the rule of law means, how that differs from our understanding of the Rule of Law, changing concepts of justice and the role of politics in it. She will also cover a range of issues emerging from the Superdiversity Institute’s research (with the support of the Ministry of Justice, the Law Foundation and the Borrin Foundation) into issues and challenges faced by Chinese parties in the Courts, such as whether “big face” as a part of the concept of “guanxi” affect Chinese accused’s lack of displays of remorse. The aim of the research of the Institute is to help to ensure Courts are better equipped to administer justice, especially through improved interpreter services and data collection and analysis.
6:00-6:20 pm
Dr Leo Liao, Senior Lecturer and Director of International Relations (Law) from Waikato University will talk to a matrix that he has developed to assist in determining the level of impact Chinese culture will have had on Chinese parties. He will also speak as an expert witness on Chinese culture and writing section 27 Reports under the Sentencing Act 2002.
6:20-6:40 pm
Mai Chen, Managing Partner Chen Palmer Partners, Chair New Zealand Asian Leaders and Superdiversity Institute, and Adjunct Professor, University of Auckland School of Law, will Chair the event, and will analyse the recent Court of Appeal decision in Kim v Minister of Justice. In Kim, following an appeal against the decision of the High Court to refuse an application for judicial review, the Court of Appeal held that the Minister of Justice had to re-visit the decision to surrender the plaintiff, Mr Kim, to the People’s Republic of China.
6:40-7:20 pm
HonJustice Lang will then speak to and take questions on “How to be effective in the High Court.” We invite written questions from lawyers on this topic for his Honour to answer at the event.
Hon Justice Lang attended Otago University and graduated LLB (Hons) (1st Class) in 1980. He was awarded the New Zealand Law Society’s Cleary Memorial Prize in 1981. Justice Lang was a Staff Solicitor at Robinson Toomey & Partners, Napier from 1980, becoming a partner of the firm in 1982. In 1987 he moved to partnership at Elvidge & Partners, and was appointed Crown Solicitor at Napier from 1995 to 2002. He was appointed a Master (now Associate Judge) of the High Court in April 2002 and became a Judge of the High Court in August 2005. He is based at the Auckland High Court.
If you have a question about how to better advocate for your clients in the High Court, please send these through when you register. Asian lawyers who want to serve on the NZAL Lawyers Advisory Board, please get in touch with Priti Garude
