Innocent Until Proven Guilty

The saying goes: ‘innocent until proven guilty’. In New Zealand, and around the world, most crimes carry a presumption of innocence. Despite this, people constantly slip through the cracks of our justice system. David Bain and Teina Pora are two high-profile examples of those who have been convicted of murder, served large portions of their lives in prison (12 and 20 years respectively), and were then declared to be innocent. Around the world thousands of others have suffered similar ordeals – but thanks to 68 international ‘Innocence Projects, including the Innocence Project New Zealand (IPNZ), many of those wrongfully imprisoned are slowly but surely being exonerated.

The Innocence Network is a global organisation that uses DNA testing (which was often unavailable during original trials) to prove the innocence of those that have been wrongfully imprisoned. Since its establishment in 1992, various Innocence Projects has successfully helped overturn more than 350 wrongful convictions. With many IPNZ staff working pro bono, they rely heavily on the goodwill of lawyers, law students, psychologists and other scientists who work tirelessly to free innocent people from prison. This is necessary work – the number of innocent people convicted globally is estimated to be as high as 10%. Just let that sink in. 1 in 10 prisoners could be innocent.

IPNZ is spearheaded by our very own Prof Mark Henaghan, our vice-chancellor Prof Harlene Hayne, and Psychology Associate Prof Rachel Zajac, among others. The day-to-day operations of the project are facilitated by Dr Bridget Irvine. As they all attest, overturning a conviction is no easy feat. “Because the [justice] system doesn’t like to admit it is wrong”, says Mark Henaghan, “you have to do a hell of a lot of work… to show there is something the system has missed”. In New Zealand, convictions cannot be overturned unless fresh and credible evidence comes to light. This is why the Innocence Network relies heavily on DNA evidence, which can provide conclusive proof of a person’s innocence. Before the advent of DNA testing, factors such as incorrect eyewitness accounts, false confessions, and incorrect questioning techniques caused an alarming number of people to be locked away for crimes they did not commit.

There is arguably no better example of this than Teina Pora. While not related to DNA, Pora’s case demonstrates the break-down of the justice system that was so typical of the 80s and 90s. Pora’s Lawyer, Jonathan Krebs, originally got involved with the case because Pora’s confession “just looked so ridiculous”. Pora has a mental age of 8-12 years old, and suffers from foetal alcohol spectrum disorder. When questioned by the police therefore, Pora had a desire to please and agree with them – and he eventually agreed to everything they told him. One vivid example of this was when Pora was asked “what colour was the car?”. He guessed four or five different colours before landing on the right one, and the police moved on to the next question.

Thankfully, Krebs notes that “police questioning techniques have improved considerably”, and the introduction of compulsory video-taping of interviews, coupled with better police training, has led to far fewer false confessions. Nevertheless, there is always more to be done. Krebs is currently taking a case to the Privy Council that began under the Innocence Project, but “ran out of steam”. He notes that “the [problem with] the Innocence Project is that it relies upon the goodwill of people – and there is a limited supply”.

Currently the Innocence Project is supported by a bunch of volunteers around Dunedin, most of whom are law students in their fourth or fifth year of study. Different students help the team each year, volunteering for around 3 hours per week. In the words of Bridget Irvine, “Law students—in their volunteer capacity—are the backbone of the project”. Helping out the Innocence Project is an excellent, hands-on way to give back to the community and to learn how the legal system works (or sometimes doesn’t). The Project is always looking for new volunteers who can bring energy and a fresh perspective to understanding claims of wrongful convictions. A basic understanding of criminal law (and the law of evidence) is helpful, and students who are completing complementary second degrees (e.g. psychology, biochemistry) also bring new ideas into the mix.

If you are interested in helping out the Innocence Project team, or just want to find out more, get in touch with Dr Bridget Irvine, Research Co-ordinator of the Innocence Project New Zealand. Bridget is happy to receive calls on 03 479 4002, or emails to


Written by Jasper Fawcett.

‘Legally Blind’ 2.0


We at SOULS are firm believers in increasing inter-year group and intra-faculty relations (or as Mark Henaghan would call it, ‘collegiality’). To this end, we’ve decided to set up single law students on blind dates. We provide the food and alcohol, you provide a good time and a write-up of the night’s events (as below). If this sounds like you, keep an eye on our Facebook page for the next round of sign-ups!


After hearing from my hairdresser that blind dates are the MO of murderers who chop girls up and put them in their freezer, I turned up to Velvet pretty chopped, pretty late and pretty nervous. In hindsight, “you don’t seem like a murderer” probably shouldn’t have been my opening comment but I’m pretty sure he took it as a compliment. Not only was he good looking but he had good chat and didn’t come across as a total asshole so he’s already streets ahead of most law bros I know.

I have to admit that I was keeping a notes tab open on my phone because I knew I would forget all the questionable stuff that happened. This proved to be a great idea because the first thing I wrote, which I have zero recollection of, was ‘Why does he keep saying ‘proceedings’ in conversations? Is he trying to prove he does law??’ Aside from this, what I recall of the chat was that it was v good. Our shared love of Marcelo definitely came up a few times. I must have looked horrified when he announced he was a vegan because he followed it with “but I don’t give a fuck about animals… just the environment”. Swoon. He proceeded to explain why I should watch the Cowspiracy documentary and told me about, and I quote, “really cool vegetables”. Meanwhile I ate my chicken and bacon burger with zero regrets.

When our wine ran out we headed to Night and Day where he swept me off my feet with the line “do you wanna split a pack of darts?” which I’m pretty sure came straight out of Romeo and Juliet. Needless to say, I was game from there.

To give the guy credit, he did back me up in my losing battle when the Suburbia bartender tried to step me out, and he wrangled a refund for our drinks when we got kicked out. Chivalry is not dead. He bought us a fancy (I’d say at least $14) bottle of wine even though he clearly pined for a box of Billy Mavs, and in response I suggested we go back to mine.

Great chat ensued, and we managed to swap some horrific stories which I’m pretty sure we promised to keep out of the write up… I definitely would have reneged on that promise just for the sake of being really brutal but I can’t actually remember the details of his. Sorry team. It was here that we realised we both have banger taste in music, especially the genre to make out to. It was reminiscent of a romantic movie where they fall into bed listening to soft jazz, except I was kind of falling onto the floor to the tunes of the Arctic Monkeys.

Eventually we both became too intoxicated to make good decisions, and settled on saving ourselves till we can find a nice quiet spot in the law library or even Archway 4, for old times’ sake.

Overall fab night, would highly recommend the blind date if you’re down to get a bit weird with a stranger you’ll almost definitely share a ten-floor elevator ride with in the future.


About 3 hours prior to the 8pm meet time I decided it was time to start preparing myself. Alternating between some Andrew Geddis podcasts and the new Kendrick Lamar album on the speakers in my room, I commenced my 3-hour manscape. Then after 2 nervous poos and a bottle of Bird Dog I was out the door.

I was a healthy 6 minutes late, but I still found myself waiting like an idiot for another 5. It didn’t help that Velvet Burger was hosting an Ignite Consultants BYO that night which several of my mates were apart of.

And then she arrived. My blue-haired bombshell was a gift from the SOULS gods. Great chat flowed along with the wine while we proceeded to laugh the night away. After a half-arse attempt at eating our burgers we decided for a change of scenery. I had gathered by this point that my date might be partial to a cigarette or two, and sure enough she, like me, had also left her pack at home. We must have been really fiending because the next thing I know we’ve bought a pack and are sitting in the stairwell that leads up to Etrusco sharing a dart. Romantic, I know.

Still wanting to kick on, we walked back towards the Octy. We bumped into Joan the Butcher and her mate while we were searching for the next bar, and being the good Samaritans that we are, we decided to shout them both a durry. They were very happy. We kept walking and ended up at the fine establishment called Suburbia. The fires were on outside the bar which provided an ideal moody setting, so I left my date with another Marlboro while I went inside to buy us a drink. As I came back armed with a house Sav and the cheapest tap beer available, I heard the bartender complaining to some other patrons about the stingy order I had just made. Now I thought this was pretty rude – we were paying customers and surely she caught on that we were penniless students? I told my date and she agreed that it was not chur. Then the bartender comes out after a minute or two and starts turning off the fires and shutting up shop. I couldn’t believe it, but I kept my cool and politely asked for her to just keep one on while we finished our drinks. She said we could finish our drinks, but she didn’t want to attract any more bar goers by having the fires on and started to head back inside, but not before my date decided to ask under her breath, “Is it because we’re students?” Now, I think the bartender heard her, but still asked if my date could repeat the question, to which she decided to ignore. You could cut the tension with a knife as the bartender asked another couple of times before I decided to answer her by repeating the question myself. Then this woman really kicked off. Like this rude, sassy-ass woman was seriously fucking angry and just going to town on us. After having a bit of back-and-forth and me firmly expressing my displeasure with her tone and the service she had given us, we were asked if we wanted our money back. I immediately said yes. We got out of there with refund in hand, but not before I drunkenly broadcasted to the street how shithouse Suburbia was. Never going back there.

My date loves it. Thought it was real manly standing up for her or some shit. Big ups to me. So I’m feeling quite happy with myself and decide to use the $17 refund from Suburbia to splash on a nice bottle of wine to take back to her abode. The conversation got to music, so we started up the speakers and alternated playing songs while continuing to chat. I’m feeling rather groggy at this point so I start to slow down on the wine. The music follows suit, so I took the opportunity to make a move as a particularly sultry song came on. It was a great success.

By 1am we were still chatting and canoodling, but we both decided that a sleepover wasn’t on the cards.  I went on my merry way not long after that to a nearby grad party and kept sending it until 5am.

Massive thanks to SOULS and my gorgeous date for a great night!

‘Legally Blind’ 1.0

We at SOULS are firm believers in increasing inter-year group and intra-faculty relations (or as Mark Henaghan would call it, ‘collegiality’). To this end, we’ve decided to set up single law students on blind dates. We provide the food and alcohol, you provide a good time and a write-up of the night’s events (as below). If this sounds like you, keep an eye on our Facebook page for the next round of sign-ups!


Headcase: Law Student v Dignity [2017] NZVB

Held: Dignity lost, student awarded hangover dustier than the Law Reports in the Richardson Library.

As a fifth year, my search for a SOULS mate has been, much like a Carbolic Smoke Ball, steamy yet ineffective. As such, I figured it was high time to leave it to “the experts” at SOULS to bag me the Jesse to my Marcello. In true scarfie fashion I rocked up 8 standards deep, fizzing to discuss some dicta. “Jesse” came in hot a few minutes later (only not the inebriated kind), lets just say I wanted him to invade my personal space on a Mark Henaghan level.

Turns out, to my delight, he was *plot twist* a second year and even better, was still living in a hall. My international man of mystery was also pretty fresh to New Zealand, so I thought it only fair to apply some undue influence to down our wine to test his cultural assimilation. In hindsight, this was an error of judgment; he passed the test but I was on the verge of passing out. The chain of causation that then led us to a bar somewhere in the wider Octagon vicinity (unclear).

What I do know is we drank something akin to methylated spirits, and I am estopped from recalling what happened thereafter. On a request for discovery the next day, my charming date informed me some expelling of bodily fluids in a bathroom was involved (take from that what you will). As for where the rest of the night took us, I am not one to cougar and tell but … res ispa loquitor.

On a side note, I hope my date fleeing the country a few days after our rendezvous is unrelated to the night’s events. Watch this space. 

Editors note: The following day, this charming female ‘accidentally’ sent me a text saying: “P.s. I’ve been getting with 4th years”. She later said: “I would like to affirm my stance as a big advocate of ‘getting with’ younger students for study purposes, and I would encourage readers to do the same.”


In typical Dunedin fashion, the night kicked off to Jayfly’s Do You Like Jungle blaring from the speakers, while my mate, dressed in a Hawaiian shirt and speedsters, enthusiastically passed me drink after drink. It was like the Olympics, but for my liver.

Once the clock hit quarter to eight, I stumbled out the door and scrambled onto my bike, zooming down to Captain James Cook’s very own Velvet Burger. As the cool autumn breeze blew through my hair, and the moonlight illuminated the road before me, I realized that, like Lance Armstrong, someone should have banned me from using my bicycle that evening. Nonetheless, with a hand-picked bouquet of flowers in one hand, and a bottle of wine secured tightly in my bicycle’s water bottle holder, I rode further into the night.

At Velvet, my date (X) and I were quickly paired and brought down to an intimate corner of the restaurant, where I presented her with her bouquet of assorted vegetation – she seemed delighted. From that moment onwards, both the conversation and the wine flowed like the waters of the Waikato river. X turned out to be absolutely lovely, with fantastic chat, a beautiful smile, and striking eyes. Mid-way through the meal, we forgot about the food altogether and began trying to out-drink each other instead; that vino hit us like a train.

We then agreed to head down to a nearby whiskey bar; big mistake. A sip of whiskey deep and I had to be excused to the bathroom, where I proceeded to redecorate the walls and floors with my spew. Then, peacefully, like a faun in the forest, I lay down to take a nap on the restroom floor. I would love to tell you about how I heroically resuscitated and went on to taking X home, but nope. As I awoke from my snooze, my dreams, hopes, and fantasies for the night lay on the floor beside me, in the shape of a puddle of vomit. By then, X had gone home. Anti-climactic, I know.

Moral of the story, everyone deserves a second chance. X let’s go another date?

Thanks to SOULS for the evening! 10/10 would recommend.

The Law School Bucket List 2017

There are hundreds of things to do at Otago Law School – here is a tailored list of Otago-specific things to tick-off during your time at law school!


Building Resilience: Coping with Stress at Law School

Building Resilience – Written by Jan Blair.

Life as a student at Law School can be a real challenge. You need to adjust to a new environment – deal with new concepts, subject content, ways of thinking and meeting deadlines (often multiple ones) tutorials, tests, presentations, social events and in most cases work commitments, as well as endeavouring to achieve some balance to your life.
As a consequence, you will need to develop the ability to function effectively under pressure, avoid burn out, manage stress, develop resilience and the skills that will enable you to thrive on the challenges you face and achieve to the best of your ability at Law School.
It could be said that the stresses and challenges you face throughout your studies are not dissimilar to your future life as a lawyer.
The real key to success is to develop strategies to cope with pressure, and stress and more than anything is to build resilience (individual stress management), and an ability to bounce back from adversity. A relevant mantra to consider, and apply, is “when the going is tough, the tough get going”.
Also never forget that everyone is anxious – not just you.

Helpful Tips to Manage Stress:

1. Look after your physical well-being:
• Sleep at least 7 – 8 hours;
• Take care of your body:
• Maintain a healthy diet;
• Limit caffeine, alcohol etc;
• Hydrate (2 litres of water per day at least);
• Maintain regular exercise;
• Massage.
• Take 30 minutes each day to spend “alone – me time”.

2. Take & Learn:
• Catnaps;
• Relaxation exercises;
• Visualisation (achieving and succeeding);
• Positive self-talk;
• Forehead massage;
• Breathing in for 8, hold for 8, out for 8;
• Sing and listen to relaxing music;
• Stretch;
• Meditate;
• Maybe learn yoga.

3. Relationships:
• Maintain healthy positive relationships with friends and family;
• Get involved in law school, student life and events;
• Form and attend study groups.

4. Personal Management:
• Work smart – if you work more effectively in the morning, do the more difficult tasks then and vice versa;
• Develop effective time management skills. Suggest only have on your daily “to do” list what you could achieve in that day – list no more than 5;
• Stay in the NOW. Concentrate on the daily list – not the end of the week or next week;
• Do create a long term plan as well – but plan only what is manageable for the day;
• Ensure your daily plan is balanced – not just work or study (e.g. put in exercise and time with friends/family as well);
• Attend relevant workshops available to you e.g:
• CV preparation;
• Interview skills;
• Time management;
• Building resilience;
• Wellness;
• TALK to someone – SEEK HELP if you are anxious or dealing with difficult personal or work related issues;

5. For study issues/extensions:
• Talk to your Supervisor;
• Tutor;
• Student services.

6. For Personal Issues:
• A counsellor;
• Student health;
• Your GP.

7. Learn to Relax:
• Walk with awareness;
• Connect to your body. Know when it is not functioning well;
• Study things that interest you;
• Listen to or play music;
• Draw; paint; colour in;
• Be in nature;
• Meditate;
• Maintain a spiritual dimension;
• Focus on a calm relaxed pleasurable feeling (practise);
• Be in the moment – NOW;
• Maintain correct posture, inhale from belly, not upper body;
• Learn relaxation exercises.

8. Some further useful tips to shrink your worries and day to day anxieties:
• Is it really your problem?
• Share it with someone else. Others will welcome your trust;
• Put it on paper. It’s easier to see it in perspective;
• Raise your shoulders, then drop them. Relax your whole body;
• Inhale deeply, exhale with a sigh a few times. Let your tension go as you breathe out;
• Give yourself 15 minutes to concentrate on your worry, then firmly leave it behind;
• Do something physical. Give your tension an outlet;
• Look for some humour in the situation;
• Imagine a few years from now. How much will it matter then?
• Find a good side as well as the bad;
• Picture the worst that can really happen. How likely is it?
• Say “stop”, pause and steady your thoughts. Now take a fresh look;
• Notice something enjoyable around you. Get into the present;
• Get up earlier to prepare to face it;
• Surround yourself with joyful colours, sounds and use your strengths.

Remember that once you have developed resilience and applied the skills to maintain a healthy balance to your life, they will form the foundation for ever.

Written by Jan Blair.

CV Tips from Jan Blair, HR Coach

Jan Blair was the Human Resources Coach at Russell McVeagh for 15 years, and prior to that the principal of Kristin School in Auckland. She has now established her own consulting, coaching and counselling business, and is known around the country as an expert on career advice and counselling. She will be holding very helpful application and interview skills workshops during the recruitment period at Otago University – keep an eye on your emails and the SOULS Facebook Page to find out when she is coming!

CV Tips.

1. Do your research on each firm you are applying for so that you can prepare a more personalised application which reflects their particular culture/values and requirements.
2. Many firms have tips for applications, CVs and interviews on their websites. Make sure you look for these to ensure your application documents meet their expectations.
3. If in the online application process the firm asks you to fill out some details that are already on your CV, still fill them out! Do not write “refer to my CV,” as a lawyer needs to learn to follow the instructions.
4. Have a testimonial or reference ready (school, university or work) to attach in your application.
5. Try to keep your CV to 2 pages.
6. Sell yourself! List the good grades you have received, and your other outstanding achievements.
7. Emphasise your cultural/sporting achievements, volunteering, and leadership roles. Firms are looking for well-rounded candidates.
8. List two referees at the bottom – but make sure you get their permission!
9. Let them know your interests. The recruiter likes to know that you are an interesting person, and that there is more to you than just study.
10. Attach a photograph. Make sure this is appropriate (i.e. not you in your ball gown or your passport photo). Find a photo that shows you smiling and looking approachable. Legally you do not need to give a photo but it is recommended.

Cover Letter Tips.

11. Spell the firm’s name and the HR person’s name correctly.
12. Use proper grammar.
13. If you are reusing the cover letter for applications to multiple firms, make sure you do not accidentally address it to the wrong firm, or leave a firm’s name in the cover letter.
14. Keep your cover letter to a page if you can.
15. Find out the head of HR?s name as this is usually the person who will be reading your cover letter. This can be easily found on the firm’s website. If you are desperate and have not been able to find a name address your letter to “the Recruitment Team”.

Interview Tips.

16. Research the firm – show them you are interested in what they do.
17. Prepare some questions to ask them.
18. Be on time, dress appropriately, remember their names, and relax! Be yourself and let your personality shine.

General Tips.

19. Check out for more information about available summer clerk and graduate positions.
20. For more tips and a wealth of information, check out the Law Students’ Careers Guide.

Behind Bars: Volunteering at the Otago Corrections Facility

Behind Bars: My time in the Otago Corrections Facility – Written by Jasper Fawcett.

It’s pretty cool to be able to tell your friends that you’re going to prison. I don’t mean actually going to prison – that would not be cool at all. No, I’m talking about going to prison as a volunteer. While I initially signed up for prison volunteering solely so that I could send texts like “Mum, don’t freak out, but I’m going to prison”, I found that by the end of my time at the Otago Corrections Facility (OCF) I had felt happy, sad, entertained, and deeply moved (sometimes all at the same time).

These feelings started during the induction. An hour-long session, run by Corrections officers, designed to put us on our guard so that we wouldn’t “get got” by the inmates. We were warned of all sorts of things they might try – even things as simple as asking us to post a letter for them, asking us for legal advice, or asking us to give them our pen (as some types of pen could potentially be turned into a makeshift tattoo device).


Nevertheless, an apprehensive bunch of law students drove out to the ‘Milton Hilton’ for our first prison encounter. Reassuringly, all of the guards were friendly and had great senses of humour. We were given panic buttons that we could push if we felt uncomfortable (or, as one of the guards put it, “if someone runs at you with a knife, haha”). The facilities at OCF are amazing. It has underfloor heating, the buildings are modern, and the grounds are immaculately kept. It seems more like an adult-filled primary school than a prison. After a few weeks, the place seemed relatively normal (except for the security scanners at the entrance and the barbed wire fences). And, after talking to the inmates, we began to realise that they were relatively normal too. Yes, they’d made mistakes, and yes, some of them were in too deep to get out – but looking past that, the vast majority of them were just a bunch of human beings, trying to make the most of the hand that life had dealt them.

I spent most of my time in the music group, though I also spent a memorable few weeks playing ‘prison Jenga’ (don’t ask) with the remand prisoners. In the music room, I got to play with those prisoners who had been granted the privilege of playing in the prison band (they have a full drum kit, piano, and electric and bass guitars). Some of us were even lucky enough to witness the OCF version of The X Factor (‘The Chur Factor’) – and we were absolutely blown away. The prisoners’ songs were performed with such talent and such emotion that a number were reduced to tears, as they rapped or sang about the mistakes they had made in their life and how they vowed to do better.

All this humility and emotion showed us the importance of second chances and new beginnings. OCF does an incredible job of recognising this, and they provide a wealth of opportunities for prisoners to channel their aggression and emotions. NZQA qualifications in carpentry, engineering, agriculture, hospitality and baking are all available to those who want to have skills and qualifications for employment on release. Prisoners cook all the food for the prison, make toys for children, build animal traps for the Department of Conservation, weld rubbish skips together, and maintain one of the highest quality dairy farms in the country.

As well as witnessing these amazing initiatives, we also laughed, a lot. The prisoners have incredible senses of humour and they love to talk – particularly because we were a bunch of new faces in their otherwise predictable daily lives. They pleaded for us to bring them McDonald’s, and blue milk (they hate green). They told us, while struggling to keep straight faces, that their favourite TV show is Prison Break, and that their favourite movie is The Shawshank Redemption. Just as we would go to leave, they’d tell us yet another entertaining, too-offensive-to-publish, and possibly made-up, story. Like music, humour seemed to be a way in which they all coped with their situation.


The thought of leaving the prison was a strange one. We would be going back to our freedom, where we could eat and drink all the McDonald’s and blue milk that we wanted. They were locked away in their cells, knowing that they would be checked through the night and woken at 7am the next morning for unlock. We all take freedom for granted – but it pays to remember that there are some people, just down the road, whose lives are not their own.

Volunteering at OCF was the most rewarding and eye-opening thing I’ve ever done. Particularly as a law student, the importance of seeing what life is like ‘on the other side’ cannot be overstated. I would strongly encourage you all to give it a try – don’t be put off by the horror stories or the rules. You’ll be safe at all times, you’ll have a lot of fun, and you might just find it’s one of the best things you ever do!

The prison is particularly interested in volunteers with art, mediation, music, drama and fitness skills.

If you are interested in volunteering at OCF, keep an eye on your emails for upcoming Law for Change meetings. You can also follow their Facebook page (Law for Change Otago) for updates.

Written by Jasper Fawcett.

Flatting Tips from the SOULS Tenancy Program

The No BS Simple Guide to Flatting – Written by Mario Thorne & Adam Van Heezik.


Flatting. It can be fun. Or it can be shit… Soo shit. Chances are, not everyone is going to have it good, so here’s some quick advice on some issues and questions that often crop up during the free SOULS Tenancy advice sessions.

1) The tenancy agreement must be in writing, and can either proscribe a periodic or fixed-term tenancy

No doubt most people have already signed this. In any case, it is important to understand what type of agreement you have signed. Either, it’s a periodic tenancy, where the tenancy continues until either the tenants or landlord give notice they wish to discontinue the tenancy; or (more likely), it’s a fixed-term tenancy, where there is a set end date.

A fixed-term tenancy turns into a periodic tenancy at the end of the agreement unless the landlord or tenant gives notice they wish to end the tenancy to the other 21-90 days before the set end date.

2) Upon signing a bond lodgement form, the bond can be paid either to the landlord or directly to Tenancy Services.

Bond must not be more than 4 weeks worth of rent. If the bond is paid to the landlord, they must give the tenant a receipt for the bond and pay it to Tenancy Services within 23 working days.

3) At the end of the tenancy, if the landlord and tenants are in agreement that everything is good, the bond can be fully refunded upon completing a bond refund form.

If the landlord isn’t happy about the state of the place (e.g. careless damage done), or there is unpaid rent due, then the parties may agree to split the bond to cover costs of repair etc.

4) Your responsibilities include:

  • Paying rent on time
  • Keeping the premises reasonably clean and tidy
  • Letting the landlord know as soon as possible if damage is discovered or repairs are needed
  • Paying power, gas, telephone and internet charges
  • Not intentionally or carelessly damaging the place
    • This includes damage done by visitors allowed on the property

5) The Landlords responsibilities include:

  • Providing the place in a reasonably clean state
  • Keeping the premises in a reasonable state of repair
  • Compliance with building, health and safety requirements
  • Compensating the tenant for repairs that the tenant has had done when the repairs were serious and urgent or likely to cause injury to persons or property, the required repairs were not the tenant’s fault, and the tenant made a reasonable attempt to contact the landlord to do them
  • Providing and maintaining locks necessary to make the premises secure
  • Not changing the locks without the tenant’s permission
  • Giving the tenant written notice if he or she puts the property up for sale
  • Providing an agent if they are out of New Zealand for more than 21 consecutive days.

6) The Landlord must give 48-hours’ notice before inspection of the premises.

If repairs or maintenance are required, they only need give 24-hours’ notice. They can also enter if you give permission or there is an emergency.

7) Tenants are jointly and severally liable.

If for whatever reason there are problems with the premises that the tenants are responsible for, the landlord can choose to make all the tenants responsible for remedying it, or just one tenant.

8) Issues between the landlord and tenants can be sorted out either; by agreement, or through mediation, or through the Tenancy Tribunal.

Mediation is provided by Tenancy Services, and the mediator helps parties discuss the problem and tries to guide them towards a solution. If that doesn’t work, the parties can go to the Tenancy Tribunal, where a hearing will take place in front of an adjudicator and the parties will get a chance to tell their side of the story. The parties usually must represent themselves.

If you have any further questions, the SOULS Tenancy Program is here to help, where you can get free advice on almost anything tenancy related from practicing lawyers. Sessions will begin mid-March. Check us out on Facebook in the meantime.

Written by Mario Thorne and Adam van Heezik.


Tips for Second Year Law at Otago

Tips for Second Year – Written by Cara Crawford

A big welcome and congratulations to the newest members of the Law Faculty. You have made a fantastic choice to study law and you will experience an incredible amount of fun, self-development and learning over the next three to four years. The challenges of second year law are almost as infamous as law camp – by the end of second year you will know all about the screeching sound of the 11pm library alarm, how to make yourselves triple-shot coffees, and how to disguise yourself in a public law lecture to avoid Marcelo’s questioning. However, I can assure you that second year law is not all doom and gloom – this is also the year where you will learn how to think and act like a lawyer. The trick to mastering second year is to make things as easy on yourself and as possible. Here are my top tips on just how to do so.

  1. Learn how to read a judgment

Reading judgments. You will be doing a lot of this for the next three or four years so don’t leave it till third year to start! The great thing about reading judgments is that the more you read, the easier it gets – and the more you’ll learn how to understand what you are reading. Always put aside some time to go through the key cases, either before or after class. Find out what works best for you and get stuck in.

  1. Go to your tuts

This will be a common statement which you will hear more than once this year. However, there is truth to this common phrase! The tutorials provide an opportunity to put into practice what you have learned in an exam problem format. No matter how daunting the tuts may seem, trust me, it is much better for your grades (and stress levels come the end of the year) to practice in the tuts rather than the final exam.

  1. Get involved in law school

Being a part of law school just doesn’t involve turning up to class (and your tuts). Go to SOULS events, take the stage in law revue, play social sports, engage in junior competitions, join groups such as Te Roopu Whai Putake, and volunteer for groups like Women’s Refuge, Law for Change or the Animal Legal Defence Fund. SOULS offers some of the best events at Otago, so if you want to achieve your full social potential make sure you try to attend every event! Not only will this help you build connections with your fellow lawyers, but it will also introduce you to a (wonderful) world of cringey law puns.

  1. Ask the lecturers questions

This would be my best top tip. You don’t have to ask the lecturers questions after class – you can subtly email them and arrange a time. As it gets closer to exam time it can also be good to bring a few friends along if they have similar questions. This helps decrease the stress (that you are actually talking to a real-life lecturer) and increase the stimulating chat that is second year law. Asking lecturers questions can save hours of confusion and will make sure that your study is on the right track.

  1. Have self-belief

You can do it! Always have self-belief, you are in law for a reason. The best thing about Otago is that the Law Faculty is one of most supportive places on campus. Make the most of all the great people around you and let that foster belief in yourself.

Best of luck to you all, second year will be a blast!

Written by Cara Crawford

Welcome to Law School from the Dean

Dear Otago Law Students,

Welcome back to those returning and welcome to all of you arriving in the Faculty of Law for the first time. Congratulations to Jasper Fawcett for producing this Welcome to Law School magazine.

The Otago Faculty of Law is a place of learning about law and how to use law to solve problems. Law plays a major role in our society, affecting all aspects of life from the personal, to property, business, the environment, the family, the community, government finance, life and death, taxes, human rights and international relations. Well trained lawyers play a crucial role in ensuring that our own society is governed by law rather than by personal power. In our tradition, the law is primarily created by the democratic process in which our citizens can participate. Parliament has the final say in what the law is and we all participate in electing Parliament through the voting process.

Your ability to serve the law will start here in the Faculty of Law. Develop good habits that will last you a lifetime. There are no shortcuts to learning your legal skills. You must read legal material carefully and thoughtfully. You must take the time to think through how the legal material can be justifiably interpreted and applied to legal problems. Legal research skills can only be acquired by doing a lot of it. Just as writing skills improve by writing a lot and then analysing critically whether what you are saying makes sense, we only learn by doing things and reflecting on our mistakes so we do them better next time.

The collegial atmosphere of the Otago Faculty of Law means that you will have the full support of the Faculty of Law and fellow law students as you work hard on your legal skills. Do not fall into the trap that the notes or work of others will get you ahead. They won’t.  Just as you can’t get fit by watching others at the gym or borrowing their training diary and pretending you have done it yourself, you can’t develop the muscles in your legal brain by relying on the work of others. It is far better to learn from your mistakes than fool yourself by relying on the work of others.

We strongly encourage you to debate and argue with your colleagues but when it comes to writing up legal opinions and assignments, and completing take-home tests, it must all be your own work. Integrity is essential to the worth of a lawyer’s work. People will rely on you and put total trust in you. Honesty is crucial.

I encourage you all to take a full and active part in all the Faculty of Law activities – academic, cultural, social and spiritual. Enter law student competitions, attend public lectures on law, volunteer for the Community Law Centre, be part of the law revue, volunteer at the Ngai Tahu Maori Law Centre, sign up for SOULS, Te Roopu Whai Putake and PILSA, join Law for Change, volunteer for community organisations, play sport, and take part in political debate.

I wish you all a productive year full of challenges, hard work, friendship, generosity and learning.

Written by Mark Henaghan.