Graduates & summer clerks
Get ready for a great experience
Applications for Graduate and Summer Clerk positions for 2024/2025 across all of our offices are now live! To apply please click here.
Graduates and summer clerks, get ready for a great experience in an enterprising law firm! You’ll be working alongside our lawyers and partners from day one — giving you the best insight into your future career in law.
You’ll be allocated a buddy from your first day who will be there to support you and help answer any questions; let’s not forget they’ll take you for coffee too!
Diverse graduate programme
Every year we welcome graduates into our national programme which is designed to ensure you get maximum support and exposure to a wide variety of work.
- You can expect to be involved in client work from day one, as a member of our specialised teams of solicitors, associates and partners all working together to achieve the best outcome for our clients.
- You’ll receive plenty of support and guidance from our senior staff.
School boards are often confronted with complex and delicate issues, from relationship breakdowns, community tensions, repeated and escalating complaints, principal burnout and the prospect of Ombudsman or Human Rights Commission investigations.
Having worked with schools facing many of these challenges we have compiled a list of tips and strategies focusing on how you can optimise the performance of your school board, as well as what can go wrong and what you can do about it. Here’s our list, which you can treat as a kind of check list and a tool to reflect on your own practice as a board.
Key points for school boards in order to avoid and address issues:
- A school board’s role is one of governance. School board members should understand the difference between governance and management and strive to maintain this separation. Where school board’s drift into a management role, this can cause tension and conflicts with principals and other staff.
- The board should ‘own’ its policies and understand the difference between policy and procedure. Policies should be regularly reviewed to ensure they are up to date, legally compliant, fit for purpose in the school context, and ensure they are being implemented in practice.
- School boards should have a governance manual. This sets out the role of the board and the principal, including expectations and practicalities about board meetings. It ensures role clarity and that appropriate structures and checks and balances are in place at a board level.
- Ensure that the Presiding Member makes sure that all board members are made aware of the new Code of Conduct and the board reflects on whether there needs to be any additions made to the minimum standards.
- Principals should ensure they provide effective reports to the board. They should work with the board to ensure that the board is receiving the information they need in order to make decisions and to be kept appropriately informed.
- The Presiding Member should make sure that they conduct effective board meetings and ensure participation and robust discussion. They should also ensure resolutions are clearly recorded.
- The Presiding Member and principal should have regular meetings outside of board meetings. They should work together to set the board meeting agenda and have a “no surprises” approach.
- Whatever disagreements occur in board meetings, ensure that externally the board speaks as a unified body.
- Deal with complaints effectively. As much as possible, avoid allowing issues to fester and become longstanding. Make sure your complaints policy is thorough, clear and meets the needs of the board and the school.
- Embrace your role as an employer; by supporting your principal and holding them to account in equal measures. The principal is your main employee and need to ensure your principal’s wellbeing.
- Keep your community informed, with clear and consistent communication. Consult with your school community on key issues.
- Remember that all board communications (i.e., emails, texts, Zoom or Skype messages) are discoverable under the Official Information Act 1982
- The board should ensure an effective induction process and also regular board training is in place. There are external training courses, and sometimes it is beneficial to bring in someone to provide school governance training to the whole board, so everyone receives the same message.
- Ensure effective succession planning. Don’t leave the membership of the board to chance.
- If issues arise, be prepared to seek legal advice and/or specialist help at an early stage.
We can run training sessions for the whole board, and/or your Kahui Ako on “Effective school governance – How to optimise the performance of your board”.
Please contact Madeleine Hawkesby for further information about training sessions.
Our education team is available for any queries you may have.
Disclaimer: The content of this article is general in nature and not intended as a substitute for specific professional advice on any matter and should not be relied upon for that purpose.
Trade marks play a vital role in establishing a business’s identity and reputation with customers.
This article aims to help business owners understand the basics of trade marks and forms part of our IP ‘Know-how’ series, which explore a range of IP rights, including:
- Trade marks: the brands that identify your preferred product or service provider;
- Patents: the invention which makes your life easier;
- Copyright: rights in your favourite book, song or movie;
- Geographic Indicators: the places where your wine and cheese might originate from; and
- Designs: how something looks, but not the way it works.
What is a trade mark?
A trade mark acts as a ‘badge of origin’ to help identify the source of its goods and services. A trade mark can be anything that is able to be represented graphically (i.e., a word, image, colour, or even scents and sounds) that can distinguish your goods or services from other traders’.
The reputation and identity of a product, service or business is inherently linked to its corresponding trade mark(s).
What does a trade mark registration protect?
You can have rights in both registered and unregistered trade marks, but a trade mark registration ensures you have the exclusive right to use and authorise use of that trade mark in relation to the goods and/or services covered by the registration nationwide.
A trade mark registration protects the investment of time and money spent in building up your brand, and it is easier to enforce, sell or licence rights in registered marks than unregistered marks. Registration also provides you with a defence to a claim of registered trade mark infringement by third parties.
The trade marks register is publicly available and searchable, so a registration can also deter others from using or applying to register a mark that’s the same or similar to one that is already registered.
What should I do before registering?
Before committing to a trade mark and filing any trade mark application(s), you should consider:
- What products and/or services you want to use your trade mark for in the short to medium term;
- Whether your mark is distinctive enough to qualify for registration – i.e. that it is capable of distinguish your goods or services from other traders’; and
- Whether there might be any conflicting third-party rights in the same or similar mark.
What goods and services to file for?
When registering a trade mark, you must decide what goods and services you want the registration to protect.
The trade marks register is divided into 45 categories of goods and services, and each trade mark application / registration is classified in one or more of these categories with a list of goods/services drafted to fit within each prescribed class.
When filing an application, you should aim to ensure it covers your current offering under the trade mark applied for, as well as anything you plan to offer under the mark in the short-medium term.
Is my mark distinctive enough?
The protection provided by a trade mark registration will vary depending on the trade mark applied for and the goods/services covered by the registration.
Marks that are descriptive or laudatory are difficult to register, and any rights obtained in such registrations are usually limited. This is because descriptive or laudatory marks have less capacity to distinguish one trader’s goods or services from another’s. It is much harder to prevent other traders from using descriptive/laudatory marks in relation to their own goods and services, even if you have a trade mark registration.
Marks that are typically not registrable in New Zealand include:
- marks that are not distinctive or generic marks;
- marks that are deceptive or offensive to the general public and/or to Māori;
- names, flags or symbols of states, nations, regions, or of international organizations;
- marks that function principally as geographic names; and
- certain prohibited names, including various chemical and pharmaceutical names, plant variety names etc.
Word mark registrations cover any representation of the registered words, whereas logo registrations protect the overall look (or “get up”) of the logo as registered.
Once a word mark is registered, it provides the owner with the exclusive right to use that word in any form whatsoever, including in a stylised or logo format. However, the registration of a stylised logo provides specific trade mark protection for the logo as a whole, and not necessarily the words or elements of stylisation separately.
Having comprehensive registrations for word, logo and device marks provides you with flexibility to change the look of your brand moving forward, and also helps to ensure others don’t steal your current look.
Conducting clearance searches
Before launching your new brand, we recommend conducting clearance searches of the trade marks register and marketplace to ensure that your chosen mark is distinctive, able to be registered, and would not infringe anyone else’s rights.
If you are planning to expand your business overseas (or think you might in future), you should consider conducting clearance searches in your target countries as well as locally.
How do you register a trade mark?
Registering a trade mark in New Zealand requires filing an application with the Intellectual Property Office of New Zealand (IPONZ). We can also file internationally using a centralised filing system (called the Madrid system) or using local agents.
A trade mark application needs to specify:
- The applicant and applicant’s address
The applicant should be the entity that owns and/or intends to use the trade mark. Trade mark applications filed on trust, or by parties with no intention to use the mark or who are not the rightful owners of the marks run the risk of being deemed invalid. - The mark(s) to be covered by the application
Applications should include a clear graphical representation of the mark applied for. For images, this means a high-resolution representation of the image. - The goods and services to be covered by the application
Your rights in a registered trade mark relate to the goods/services covered by your registration and similar goods and services. - Trade mark type
An application needs to specify whether the trade mark is a:
- normal trade mark – being a mark that distinguishes the goods
or services of one person from those of another; - collective trade mark – being a mark that distinguishes the
goods or services of a member of an organisation from the goods or
services of those who are not members of the organisation; or - certification mark – being a mark that identifies the goods or
services of a person as having been certified as meeting the standards
(which are lodged and held by IPONZ) of the trade mark holder.
- normal trade mark – being a mark that distinguishes the goods
If everything goes smoothly, and no major obstacles are raised, the process to registration in New Zealand takes around six months. However, your rights run from the date you file, and you should know within 4-6 weeks whether there are any major issues with your application.
When does a trade mark registration expire?
Trade mark protection lasts for ten years but can be indefinitely renewed for further periods of ten years.
However, if a trade mark is not used for a period of three years or more, the registration can be cancelled by a third party for non-use.
What if someone else has used my trade mark?
If someone else has used the same or similar mark for the same or similar goods/services you have registered, you may have a claim for infringement under the Trade Marks Act 2002.
You may also be able to enforce your unregistered trade mark rights via the Fair Trading Act 1987 or the tort of passing off.
What now?
Trade marks are valuable business assets that encapsulate the reputation and goodwill you’ve built up in your business.
Ensuring you have appropriately safeguarded your rights in your trade marks will give you (and prospective business partners, shareholders, and licensees) the confidence in your ability to operate and expand in your chosen markets.
If you are looking for some help with your trade mark matters, get in touch with our intellectual property team!
We can help you:
- Clear and strategize the launch of new brands;
- Register and maintain your trade mark portfolio in New Zealand and internationally;
- Commercialise, purchase and transfer registered trade marks;
- Enforce your rights against any counterfeit or unlicensed use; and
- Respond to a claim of trade mark infringement.
Special thanks to Special Counsel Katy Stove and Solicitor Christian Tucker for preparing this article.
Disclaimer: The content of this article is general in nature and not intended as a substitute for specific professional advice on any matter and should not be relied upon for that purpose.
Yesterday, NZ Lawyer announced their Rising Stars for 2024 and the firm is thrilled to announce that Christchurch Special Counsel Katy Stove, Auckland Senior Associate Jeremy Ansell and Wellington Senior Associate Louisa Joblin have achieved this recognition. The NZ Lawyer list comprises 56 of the most promising young lawyers in New Zealand’s legal industry and we are proud to celebrate three of our own in this list.
Katy specialises in intellectual property, advising on a range of contentious and non-contentious intellectual property (IP) issues in both Australia and New Zealand, with a particular focus on trademarks, copyright and marketing laws. Katy regularly assists local and international clients on a range of intellectual property matters. Clients have commented that she “always gives great trademark advice and provides practical, client-tailored, astute advice in all circumstances” (WTR 1000 2024).
Jeremy specialises in employment law, primarily assisting medium and large employers with the resolution of personal grievances, dealing with challenging staff behaviour and performance issues, restructuring processes, medical incapacity issues and compliance matters. He also assists clients with investigations and professional discipline (e.g. Law Society and Education Council) matters. Jeremy regularly represents clients at mediation and in Employment Relations Authority and Employment Court matters.
Louisa specialises in data protection and privacy law, advising clients on all their privacy concerns. She also specialises in not-for-profit law, working with charities, incorporated societies, and other philanthropic organisations. As a privacy specialist, Louisa focuses on privacy protection and compliance, advising clients about the requirements of the Privacy Act 2020, privacy documentation and procedure, and how to respond to actual and suspected privacy breaches. As a Not-For-Profit specialist, she works with a wide variety of not-for-profit organisations, advising about modernisation and restructuring, governance, voting procedures, and complex member rights disputes.
Congratulations Katy, Jeremy and Louisa!
Have you received a notification from the New Zealand Companies Office in relation to reregistering your incorporated society before 2026?
If yes, we are here to help! Here is a recap of what needs to be done:
Ahead of your next AGM it is advisable to decide whether you are going to reregister your society. If not, you should make sure your society understands the implications (i.e. that it will be deregistered and cease to exist after 5 April 2026).
If your society does want to reregister, now is the time to:
- get agreement from your members at this year’s AGM about updating your society’s constitution; and then
- start working on reviewing and updating the constitution ready to adopt it at next year’s AGM (or a special general meeting if that fits your timeframe better).
Once your new constitution has been adopted, you can reregister your society online before 5 April 2026. Registration is free.
If you have any questions about reregistration process or need help drafting a constitution, please contact our not-for-profit specialist team.
Special thanks to Senior Associate Louisa Joblin for preparing this article.
Disclaimer: The content of this article is general in nature and not intended as a substitute for specific professional advice on any matter and should not be relied upon for that purpose.
The firm has contributed the New Zealand chapter to the Chambers and Partners – Insurance & Reinsurance 2024 guide.
Insurance & Reinsurance 2024 covers key topics including insurance and reinsurance law, overseas-based insurers or reinsurers, making an insurance contract, intermediary involvement, alternative risk transfer (ART) transactions, warranties, conditions precedent, insurance disputes and insurtech in 32 jurisdictions.
The chapter was authored by Partners Aaron Sherriff and Tanya Wood, and Senior Associate Nick Laing.
Click here to read the chapter.
* This article was first published in Chambers and Partners – Insurance & Reinsurance 2024.
The Briefing to the Minister of Immigration has been released. This briefing, prepared after the 2023 election, provides an insight into the Government’s priorities, as well as areas that the Ministry of Business, Innovation and Employment (MBIE) wish to discuss with the Minister, the Right Honourable Erica Stanford.
What areas are to be discussed?
The Briefing Paper sets out five priorities.
Priority 1 is to support businesses to get the skills they need, through stable visa and immigration settings. Specific areas for discussion are:
- Utilising the Accredited Employment Work Visa and skilled resident toolsets to secure skills for a productive economy.
- Reducing migrant exploitation.
- Expanding the Working Holiday Schemes; and
- The role of immigration in rebuilding a high-quality and internationally competitive international educational sector.
Priority 2 is to work towards an immigration funding model that is efficient, self-funding and sustainable. MBIE wishes to discuss with the Minister how it can recalibrate immigration funding and make it sustainable. This will be through a mix of immediate savings that can be made, shifting the revenue sources to align with a self-funding operating model, and medium-term cost pressures.
Priority 3 is to work towards a strong performing regulatory system, by reducing the risk of regulatory failure or poor system performance, remove unnecessary compliance costs, and improve the effectiveness of government interventions and regulatory activities. MBIE has identified key improvements it wishes to focus on. They include:
- Reviewing legislation and regulations to ensure they are fit for purpose.
- Completing the migration of products to the new ADEPT ICT/business system; and
- Endorsing simplification principles in policy and operational design.
Priority 4 is in relation to the immigration settings for the Pacific aligned with the Government’s overarching goals. MBIE wishes to:
- Brief the Minister on the work MBIE has done on the RSE programme and align it with the Minister’s objectives; and
- Progress Pacific preference labour mobility schemes.
Priority 5 is to strengthen policies to maximise the social good of immigration. Areas that MBIE wishes to discuss with the Minister are:
- Work on complementary refugee pathways.
- Settlement outcomes and support; and
- The family and partnership settings within the immigration system.
It is of interest that the Minister will be looking at the family and partnership settings. Does this mean an increase in the minimum period that a couple must have resided together before being eligible to apply for residence?
What are the next steps?
MBIE will prepare a series of briefings outlining the policy issues facing immigration, along with opportunities to advance the Government’s priorities. It will seek the Minister’s preference for the order in which these briefing papers will be sent through.
Watch this space!
Our immigration law team will be watching developments and any announcements. We will provide updates as announcements are made. In the meantime, please feel free to contact us if you need any assistance navigating the current system.
Special thanks to Special Counsel Nicky Robertson for preparing this article.
Disclaimer: The content of this article is general in nature and not intended as a substitute for specific professional advice on any matter and should not be relied upon for that purpose.
Why did you join duncan Cotterill?
Training and development
We’re committed to providing a variety of education and training opportunities with topics relevant to starting out your legal career. For rotating summer clerks and graduates, you are supported to attend all internal training opportunities giving you exposure to a wide range of topics. With a firm focus on development and so many opportunities for training you’ll never go short of CPD hours to meet the NZLS requirements!
For summer clerks and graduates, training may look like:
- Induction into the firm – a full programme to ensure you’re onboarded and familiar with the DC way. This will include in person, online and recorded training.
- On the job learning – this could be your buddy, supervising partner / senior or colleagues guiding you through you work and tasks.
- The national graduate programme – this is an in person programme where the national cohort of graduates meet together in one office for in person training across three days. A great way to build strong connections and learn more about the firm and different areas of work.
- The solicitor development programme – this programme helps our solicitors continue their development in the firm through to the next stage in their career. The topics covered are wide ranging and support your continued progression through to senior solicitor.
- Lunch and learns – these could be local ones in your office or national ones where our own specialists share updates and interesting developments in their area of work.
- And many more!
Inclusive summer clerk programme
Our summer clerk programme is the best way to gain a true appreciation of what it’s really like to be part of a legal team at Duncan Cotterill.
- You can expect to work hard, have fun and put some of that theory into practice as you contribute in client team discussions.
- You’ll also have plenty of opportunity to chat with our solicitors, associates, partners and business support team to explore your particular areas of interest.