Image Wrong decisions involving animals attract more than just financial losses GUARDIANZ AT YOUR SENIOR MANAGEMENT MEETINGS Contact Us Image More than 2 years since you reviewed your policies? REVIEWS OF YOUR ANIMAL POLICIES AND PRACTICES Contact Us Image Business Directors liable for the actions of their employees IN-HOUSE TRAINING AND EDUCATION Contact Us Image Making animal law work for you rather than against you ADVOCACY THAT'S INSIGHTFUL AND PERSUASIVE Contact Us Image Guardianz Animal Law AUTHORITATIVE REPRESENTATION THAT KNOWS THE ARGUMENTS OTHERS MISS Contact Us The responsibility that underpins potential liabilities Animal welfare law means you have a legal responsibility to treat animals in a way that doesn't cause them pain or distress that the law says is either unreasonable or unnecessary. That's the starting point for every person or organisation that has an animal in their care, supervision or control. It's the formula that governs animal welfare responsibilities, accountabilities and liabilities. Guardianz Animal Law has specialist insights in how to put that formula alongside the realities of animal-related activities and the paper law. That's highly relevant to client interests in criminal, civil or commercial issues which involve animals. CONTACT US . Services Guardianz Animal Law offers clients cost-effective advice across a wide range of matters involving animals and relevant law. We understand that any issue, business or objective involving animals can quickly become the focus of subjective, political and public attention. So Guardianz Animal Law offers a suite of services that address the realities and circumstances of each client. There are services that assist clients in proactively avoiding problems or advancing their organisation's position. That includes, for example: Confidentially sitting in on senior planning and strategy meetings to provide input because learning about the legal landmines of animal law is better done in the meeting room rather than the courtroomProviding in-house training to small or large groups who, in turn, input to the organisation's outward-facing materials and activitiesReviewing policies and practices to avoid them turning up as evidence of non-compliance or simply being outdated and unfit for the social licenseRepresenting client interests with insightful and strong advocacy at Parliamentary and State Service enquiries, administrative tribunals and Ministry review panels is a service available to clients of Guardianz Animal Law We also assist with resolving existing issues by providing: Legal representation involving animal law issues in civil, criminal and commercial matters involving animalsProviding negotiation and mediation insights on animal-related realities and lawAssistance on a wide range of client activities or interests that involve an animal and questions of law. CONTACT US Advice and Representation Guardianz Animal Law takes a pro-active approach to the practice of animal law, and dealing with a wide range of criminal, civil and commercial issues involving an animal. To do otherwise can result in complex litigation with potentially expensive consequences and time-consuming delays. Subject to client instructions, we put enormous emphasis on communicating with legal colleagues and other parties associated with a matter in an effort to reach an agreement or an acceptable outcome to avoid the time and cost of having to go to court. Litigation is regularly viewed as a last resort. However, if communication with opposing counsel fails, or the matter is already ‘locked in’ for a court appearance, then the experience of well-versed litigators is available to continue that conversation with the Judge representing each client's interest in a manner that is strong, professional and insightful addressing the law, and the animals, the industry and the impacts. CONTACT US Review: Policies, Practices and Files Regular reviews of client business policies and practices are necessary to: Meet the changing expectations of governments, consumers, and trading partners; andEfficiently risk-manage the requirements of compliance and enforcement. In the event that the organisation is investigated for suspected non-compliance with animal legislation, written documentation regarding policies may be collected as part of any search and seizure operation. If outdated or incorrect, that same documentation may subsequently be adduced as evidence supporting allegations of, for example, sub-standard performance or compliance. Outdated internal and external material can work against you in many ways. For example, one local Council is still remembered for their failure to update their website information which was subsequently produced in Court by a lawyer whose client had been charged by the Council alleging animal welfare offences. The Council's own outdated information provided the man with a perfect defence, attracted criticism from the court and ridicule from the media. Guardianz Animal Law can: Regularly review policies and practices with a view to ensuring they are up-to-date in terms of compliance with existing law, avoid common omissions and oversights, and reflect wider expectations so that they are fit for review in either the courtroom, shareholder meetings, or the mediaProvide guidance and updates on compliance monitoring and wider risk-management programsProvide a review of, and input to, auditing procedures CONTACT US Board and Management Input Animal-related activities frequently attract attention from the public, the media, the politicians, shareholders and employees - especially when things go wrong. That may result in needless damages to reputations, trade partner and consumer trust, and profits. As Managers and as a Board, you have responsibilities under the law. Whether your responsibilities or the organisation's objectives require you to attend to an animal-related legal issue or review proposals for animal-related risks, Guardianz Animal Law can help. Guardianz Animal Law services include sitting alongside established legal, management, marketing and lobbying teams to provide specialist animal law insights that identify risks that commonly arise as a result of oversights, misinterpretations or legal misunderstandings. Attendance in person is preferable but virtual attendance is also an option that's provided in Guardianz Animal Law's suite of services. That suite of Guardianz Animal Law services includes: Confidential participation in Board and Senior Management level meetingsInput to proposed media releases and other lobbying activitiesProvide authoritative and insightful input to criminal, civil and commercial risk and resolution mattersGuidance on compliance monitoring, high level policy, and development programs. TESTIMONIAL: "I am a Chartered Accountant in public practice and provided accounting, tax and business advisory support to Ian in handling a case involving a mutual client. Personally and professionally I found Ian to have an extremely in-depth knowledge of his specialist area of law. Ian is well connected and brought on board additional fire-power where needed. His team left no risk/opportunity unexplored and alongside accountants, hygiene experts, and food experts he provided legal options that demonstrated an in-depth understanding of the client, the industry, and the client's business. Should you require legal advice in the area of law that Ian practises, I recommend that you get Ian on your team." (Fred Yuen, Chartered Accountant) CONTACT US Advocacy and Lobbying The ability to efficiently advocate and lobby are just as important to looking after a client as being able to strongly represent them in court. Guardianz Animal Law provides: Skilled representation when lobbying government departments and agencies instrumental to the development of the animal industry and the client's objectives Specialist document preparation, review or critique public consultations and select committee submissions Representation at high level local, national and international decision-maker meetings CONTACT US Training and Education Guardianz Animal Law provides training, education and continuing professional development programmes with a view to ensuring that individuals within your organisation are familiar with relevant animal-related obligations and provided with information and practical tools on how to avoid putting the organisation at unnecessary risk. We provide frontline examples involving people-and-animal interactions from our multi-disciplinary career activities involving animals and stakeholders thereby providing real-world context to the training. Guardianz Animal Law can provide: Training to all size groups (virtual and face-to-face where possible) on subjects relevant to our specialised areas of practiceReviews of internal policies, procedures and quality assurance systems utilised by current staff which impact the outward-facing presentation and compliance of the organisationTraining that provides a non-boring illustration of animals, welfare and the law for conferences, training and wider events, based on real world accounts. TESTIMONIAL: "The teaching, coaching and mentoring provided by Ian had a profound effect on my understanding of animal welfare law and, in turn, the principles and practice of conducting a thorough and robust animal welfare investigation. His insights examining case files, and the follow-up discussions with him, were monumental in shaping my understanding of how to "put all the parts together” in terms of the law, the animal and the offending. The legacy of that training lives on through the coaching and mentoring I now provide to colleagues and new staff as they develop their own investigative skills. Leon Watt, Senior Compliance Officer, Australia BOOK FOR TRAINING OR PRESENTING Terms of Engagement Shown below are the general Terms of Engagement of Guardianz Animal Law. STANDARD TERMSThis document sets out the standard terms of engagement of Guardianz Animal Law. Unless we agree otherwise in writing, these terms of engagement will govern our relationship. By instructing Guardianz Animal Law to act for you, you will be deemed to have agreed to them. If you have any questions about these terms, please contact Guardianz Animal Law. APPOINTMENTGuardianz Animal Law records that you wish to instruct Guardianz Animal Law. In instructing Guardianz Animal Law to perform those services you also instruct Guardianz Animal Law to take any steps on your behalf which are necessary or appropriate in order to perform the services. Guardianz Animal Law provides services addressing issues that deal directly with its area of specialty and does not undertake wider types of legal work such as transactional matters, nor does Guardianz Animal Law act as a general agent or lawyer. Unless there is a written agreement to the contrary, you have agreed that Guardianz Animal Law is appointed on a non-exclusive basis. FEES AND DISBURSEMENTSUnless we agree otherwise, fees of Guardianz Animal Law will be based principally on an hourly rate basis for time spent on your matter. The standard hourly rate is $375 plus GST however to ensure that fees are fair and reasonable, having regard to your interests and the interests of Guardianz Animal Law, we apply a tiered system of charges (upwards or downwards) that best suit the nature of the matter being addressed and the factors set out in rule 9.1 of the Law Society's Conduct and Client Care Rules which include: the complexity of the matterthe skill, specialised knowledge, and experience requiredthe responsibility involvedthe importance of the matter to you and the results achievedthe urgency of the matterthe circumstances in which the services are provided. Invoices of Guardianz Animal Law will include New Zealand Goods and Services Tax (GST) where applicable. Generally, Guardianz Animal Law will not invoice you separately in respect of day to day disbursements such as photocopying, printing, and toll calls. Instead, Guardianz Animal Law may charge a simple service charge of 3% of the standard hourly fee (excluding GST). Larger disbursements will be separately included in any invoice. If Guardianz Animal Law makes any payments or disbursements to third parties on your behalf, you agree to reimburse Guardianz Animal Law on receipt of the invoice from Guardianz Animal Law. BILLINGThe practice of Guardianz Animal Law is to invoice fortnightly and/or on completion of work. Guardianz Animal Law invoices are payable 14 days from the date the invoice is rendered unless alternative arrangements have been made by agreement between us. Please raise any queries you have about any invoice within seven days of receiving it. Guardianz Animal Law invoices are payable in New Zealand dollars unless we have agreed otherwise. If, on your instructions, Guardianz Animal Law has agreed to send an invoice to a third party, and that third party fails to pay the invoice within 14 days from the date the invoice is sent, Guardianz Animal Law will send you an invoice for the same amount, which you must then pay within 14 days. If Guardianz Animal Law invoices are not paid by the due date, you agree that Guardianz Animal Law may charge interest at the rate of 15% per annum. You will be liable for all legal and debt collection costs that Guardianz Animal Law may incur in obtaining or attempting to obtain payment of Guardianz Animal Law invoices, together with interest. CONFLICTS OF INTERESTWhere Guardianz Animal Law is acting for you on a matter, Guardianz Animal Law will not (without your consent) act for another client against your interests on the same or any closely related matter. Nor (without your consent) will Guardianz Animal Law act for another client where Guardianz Animal Law holds confidential information concerning you or your affairs that Guardianz Animal Law has acquired in the course of acting for you, where disclosure of that information to that other client would be likely to affect your interests adversely. If a conflict of interest arises, Guardianz Animal Law will tell you and, if bound to do so by the Law Society's Conduct and Client Care Rules, or if Guardianz Animal Law chooses to do so, Guardianz Animal Law will terminate its engagement with you. CONFIDENTIALITYGuardianz Animal Law will hold in confidence all information concerning you and your affairs that Guardianz Animal Law acquires in the course of acting for you. Guardianz Animal Law will not disclose this information to any person, unless you expressly or implicitly authorise Guardianz Animal Law to do so, except to the extent required to represent you or as permitted by, or required by, the Law Society's Conduct and Client Care Rules. Unless otherwise agreed with you, Guardianz Animal Law will communicate with you and others by electronic means. While Guardianz Animal Law takes all care to ensure the security of such communications, they are from time to time subject to interference or interception or contain viruses or other defects. Guardianz Animal Law does not accept responsibility and will not be liable for any damage or loss caused in connection with the corruption of any electronic communication. Your documents will be stored electronically. If you have any difficulty with this, you should let Guardianz Animal Law know. RELIANCEYou are the only person who may rely on the advice of Guardianz Animal Law. Guardianz Animal Law owes no duty or liability to any other person including, for example, any of your associated companies, shareholders, directors, employees, or family members. If you want any other person to be able to rely on the advice of Guardianz Animal Law the you must obtain prior written agreement from Guardianz Animal Law. The advice of Guardianz Animal Law is opinion only, based on the facts known to Guardianz Animal Law and on our professional judgement, and is subject to any changes in the law after the date on which the advice is given. Guardianz Animal Law is not liable for errors in, or omissions from, any information provided by third parties. The advice of Guardianz Animal Law relates only to each particular matter in respect of which you engage Guardianz Animal Law. Once that matter is at an end, Guardianz Animal Law will not owe you any duty or liability in respect of any related or other matters unless you specifically engage Guardianz Animal Law in respect to those related or other matters. Unless otherwise agreed, Guardianz Animal Law may communicate with you and with others by electronic means. Guardianz Animal Law does not guarantee that these communications will not be lost or affected for some reason beyond the reasonable control of Guardianz Animal Law, and you agree that Guardianz Animal Law will not be liable for any resulting damage or loss. DOCUMENT DESTRUCTIONThe policy of Guardianz Animal Law is to retain clients' files in paper or electronic form for ten years. After ten years Guardianz Animal Law, at its sole discretion, may destroy or retain files. Unless you notify Guardianz Animal Law in writing before a file is destroyed that you do not wish it to be destroyed, you will be deemed to have consented to that file (whether in paper or electronic form) being destroyed. TERMINATIONWhere you give Guardianz Animal Law an instruction, and Guardianz Animal Law relies on that instruction in something done by Guardianz Animal Law, you may not revoke that instruction. Subject to this, you may terminate my engagement at any time. Guardianz Animal Law may terminate our engagement at any time if: you misrepresent or fail to disclose relevant facts to Guardianz Animal Law;you mislead or deceive Guardianz Animal Law in a material respect;you adopt a course of action that Guardianz Animal Law believes may be inconsistent with the professional obligations of Guardianz Animal Law;Guardianz Animal Law considers that a conflict of interest has arisen;you do not pay the invoices of Guardianz Animal Law by the due date;you fail to provide Guardianz Animal Law with instructions. Guardianz Animal Law may also terminate our engagement in any other circumstances requiring or justifying termination in terms of the Law Society's Conduct and Client Care Rules. If our engagement is terminated, Guardianz Animal Law may retain your files until the invoices of Guardianz Animal Law are paid in full. If you wish for Guardianz Animal Law to release your files to you or another person acting on your behalf, you will be liable for any costs involved (e.g. courier/freight charges) which must be also be paid in full prior to Guardianz Animal Law releasing the files. If the engagement of Guardianz Animal Law is terminated, these terms of engagement will continue to apply to the extent that is appropriate. PRIVACYIn the course of acting for you, Guardianz Animal Law may collect and hold personal information concerning you. This information may be used by Guardianz Animal Law to provide services to you. You authorise Guardianz Animal Law to obtain from any person, or release to any person, any information necessary for that purpose, and you authorise any person to release to Guardianz Animal Law information that Guardianz Animal Law may require for that purpose. Information concerning you will be held at the office of Guardianz Animal Law. Under the Privacy Act 1993, you have the right of access to, and correction of, your personal information held by Guardianz Animal Law. GENERALThese terms apply to any current and all future engagements. However, Guardianz Animal Law may vary these terms from time to time and, if Guardianz Animal Law varies the terms then Guardianz Animal Law will inform you of the varied terms. If you continue to instruct Guardianz Animal Law following a variation, you will be deemed to have agreed to the varied terms. This relationship with you is governed by New Zealand law, and the New Zealand courts have exclusive jurisdiction unless otherwise agreed in writing. ACCEPTANCE OF TERMS Please confirm that you understand the basis of our engagement and that you accept the Terms of Engagement, either by signing a copy of the hard-copy letter if sent to you and returning it to Guardianz Animal Law or by email. Please contact Guardianz Animal Law if you have any queries in relation to these Terms of Engagement. or any matter set out in the Information for Clients. Information for clients As required by the Law Society's Conduct and Client Care Rules, the following information is provided to all clients so that they know about particulars such as fees, procedures and service standards. FEESThe basis on which fees will be charged and when payment of fees is to be made is set out in the Terms of Engagement of Guardianz Animal Law.It is our usual practice to give an estimate of the cost of the work to be completed. (Please note that an estimate is subject to change). On other occasions, we may have agreed to a fixed fee or quote for the work to be undertaken. In the event that a fixed fee or quote is provided then this will be provided to you in writing. PROFESSIONAL INDEMNITY INSURANCEGuardianz Animal Law holds indemnity insurance that meets minimum standards specified by the Law Society. Unless otherwise agreed in writing, you agree that any liability to you is limited to the maximum single claim amount in the professional indemnity insurance of Unless otherwise agreed in writing, my liability to you is limited to the maximum single claim amount in my barrister’s indemnity insurance. This amount is available on request.. This amount is available on request. MONEY AND LAWYERS FIDELITY FUND (no cover)Barristers are not permitted to hold client funds. 3(a) Money paid in advance in anticipation of invoice yet to be renderedIf it is necessary for you to make payments in advance, whether to cover disbursements (including fees for experts or other services) or the fees of Guardianz Animal Law, then the monies will be held in the trust account of a law firm or other authorised organisation. You will be required to accept standard terms and conditions with that firm or organisation in relation to the arrangement. The Lawyers Fidelity Fund does not provide any cover in relation to barristers. If money has been deposited into an instructing solicitor's trust account, then you authorise Guardianz Animal Law to deduct the fees owing to Guardianz Animal Law fees from these funds (unless they have been provided for a particular purpose) and send you an invoice as required by the Lawyers Conveyancers Act (Trust Account) Regulations 2008.3(b) Payment in advance of a fixed fee for work to be carried out (invoice rendered)If Guardianz Animal Law has given you a fixed fee or quote, Guardianz Animal Law may require you to pay all or part of that fixed fee or quote with an invoice rendered in advance before any work is undertaken. Guardianz Animal Law will provide you with regular updates of the work carried out and whether this is commensurate with the amount invoiced at that point. Sometimes as cases progress, the initial quote may need to be reassessed. However, this will always be discussed with you in advance, and Guardianz Animal Law will confirm any changes in writing. If any work for which you have been invoiced in advance is not carried out (e.g. your matter is resolved sooner than anticipated), then Guardianz Animal Law will refund the balance to you. COMPLAINTSGuardianz Animal Law maintains a procedure for handling any complaints by clients, designed to ensure that a complaint is dealt with promptly and fairly. Guardianz Animal Law would ask for your complaint to be put to Guardianz Animal Law in writing. Then we would arrange a meeting to discuss the complaint and try to find a resolution to the problem. If the matter is not resolved at that point then you may wish to refer your complaint to the Law Society. The Law Society operates the Lawyers Complaints Service, and you can make a complaint to that service. To do so, phone 0800 261 801 or email email@example.com and you will be directed to the nearest complaints service. CLIENT CARE AND SERVICEThe Law Society client care and service information is set out below. Whatever legal services your lawyer is providing, he or she must: act competently, in a timely way, and in accordance with instructions received and arrangements madeprotect and promote your interests and act for you free from compromising influences or loyaltiesdiscuss with you your objectives and how they should best be achievedprovide you with information about the work to be done, who will do it, and the way in which the services will be providedcharge you a fee that is fair and reasonable, and let you know how and when you will be billedgive you clear information and adviceprotect your privacy and ensure appropriate confidentialitytreat you fairly, respectfully, and without discriminationkeep you informed about the work being done and advise you when it is completedlet you know how to make a complaint, and deal with any complaint promptly and fairly. The obligations lawyers owe to clients are described in the Rules of Conduct and Client Care for Lawyers. Those obligations are subject to other overriding duties, including duties to the courts and the justice system. If you have any questions, please visit www.lawsociety.org.nz or call 0800 261 801.