LOCK DOWN

On Monday of this week, NZ’s prime minister announced that NZ was going from level 2 to level 3 emergency that day, and beginning at 12:01 a.m. Thursday morning we would be going into level 4 lockdown, due to the Covid 19 scare.  Level 4 requires that you stay in your apartment and not go to work unless it’s an essential service.  I indicated that our apartment is too small for both Sis. Gubler and I to live here and work here.  With all the empty apartments as a result of senior missionaries going home early and new senior missionaries not arriving, I snagged one of those on the next level down, B 302, to use as my new office.  Since Alisa is still in self-isolation due to her trip to America, that left me to do my own moving.  Wednesday afternoon I stopped answering the phone and emails, loaded up my computer equipment, office supplies, and even my leather chair and floor mat into our little car (3 trips) and moved it all to the new office apartment and set everything up again.  It actually is larger than the apartment we’re living in, with better views of the downtown city of Auckland.  Then I spent the next 3 days trying to get caught up on my work from the down time, going into my new “office” at 4:30 a.m. on Friday and staying until 6 p.m.  The nice thing is that I don’t have to pack my lunch anymore, but can go “home” for lunch every day now, one flight of stairs up.

The Church has given the Sr. missionaries serving in Australia and NZ the option of going home now if desired, and being released. It is now mandatory for the young missionaries to return to their home countries. A number of senior couples have already left because they have nothing to do, in areas such as family history, institutes, and communications, where things have shut down.  In Alisa’s department, 3 couples and the college intern went home early, so it’s just her and Rich Hunter, the area director of church communications, in their department now, and there’s a lot less to report on, other than Covid 19 stories!  However I’m busier than ever now, with all the contract issues that have arisen, such as do we continue to pay contractors on construction jobs that have shut down like the new Auckland temple, do we scale back work for businesses that clean our chapels once or twice a week when no one is using the buildings.  We just signed in February a 3 year catering contract for the NZ MTC, 3 meals 7 days a week, but the NZ MTC shuts down in a week!  A lot of these contracts will need to be re-negotiated. I’ve also been working on including Force Majeure or frustration of purpose clauses in our contracts going forward.  One of the locals commented to me that lawyers are like cock roaches, you can’t get rid of them!  I got a good chuckle out of that, it was like at my old firm, when times get tough, work for me multiplies.  We’ll try this remote office thing for the next month during lockdown to see how it will work, in the event we get sent home to the states, and finishing our missions there in a home office.

Not much else new here, other than I’m working 6 days a week just trying to keep up.  Briefly, I’ll relate some of what I’ll call the Covid 19 hysteria induced silliness.  The city buses drive by the window of our apartment about every 5 minutes, but other than the drivers, they’re completely empty.  Supposedly they’re for those who have “essential jobs” (who mainly drive cars anyway), such that it would be wiser to decrease the frequency of the bus runs? In Tonga, they just announced a complete lock down of the citizens, even though they don’t have one reported case of the virus.  Maybe they should have just closed their borders?  And then there is Papua New Guinea which just announced that they have no ability to handle any corona virus patients.  Don’t think that will stop the virus if it makes it there!

Everyone stay safe!

My new legal office at Shoelhaven Apartments

Empty Area offices

Empty streets of Takapuna

IF YE ARE PREPARED YE SHALL NOT FEAR

Monday afternoon I caught a flight down to Wellington, NZ’s capital.  Spent the night at the Bolton hotel again.  Tuesday I got up early and took a walk down by the waterfront for exercise.  Then I showered and dressed while listening to a US Press conference featuring Pres. Trump and his advisors updating the world on US attempts to address the coronavirus (covid 19) panic.  Then I hiked to the NZ Appellate Court House for our 10 a.m. hearing on my Ward Missionary Fund case.  The issue is whether Church members can claim a tax credit for their WMF donations, similar to the charitable tax deduction in the US.  At the lower court level (called the High Court), the judge split the baby so to speak, disallowing the tax credit for the missionary, parents and grandparents, but allowing it for aunts and uncles, brothers and sisters, or anyone else.  Both the Church and the IRD (Inland Revenue Department, NZ’s IRS), appealed.  Anyway, we hired barrister Richard Green and Nick Bland of SimpsonGrierson to argue our appeal (since I’m not licensed in NZ).  The hearing went remarkably well, lasting all day, the justices were all asking the right questions, and from their questioning and comments I’m predicting a complete victory/vindication for us and defeat for the IR Commissioner.  I thought that Queen’s Counsel was basically incompetent.  I’ve been working on this case for the last 9 months to bring it to fruition.  We should get a written decision in 45-60 days.  The Commissioner has been disallowing the tax credit since 2015, and if we win the members will be able to get that money back, 33% of all monies donated to the WMF up to the total amount they paid in taxes.  This will be big if we get the High Court decision reversed, there will be a lot of happy Church members in NZ.  Afterwards that evening I flew back to Auckland and met up with Sis. Gubler again. 

Alisa flew back from the US on Tuesday morning, after helping with Rachel, Redd and family, and visiting our other kids.  She flew to the US the day before the Church banned further international travel, and returned back in time to beat NZ’s closing of the borders on Thursday due to the virus.  However, she is self-isolated (quarantined) in our apartment for 2 weeks as a result.  She doesn’t seem to mind that since she can do a lot of her writing on the home computer.

There have been some other interesting side effects of the Covid19 panic.  The US stock market has dropped by 35%, people are being asked to stay home such that businesses are closing, jobs are being lost, cruise lines have stopped running, airlines are downsizing and closing routes, and people are panicking.  After Prime Minister Ardern closed the NZ borders on Thursday, a run on the supermarkets began here just as has been happening in the US.  Alisa and I are ok for now since we have little in the stock market but it will be interesting to see if all our tenants will be able to continue to pay rent if they lose their jobs.  The Book of Mormon Musical, which was to play here in Auckland, got canceled this week due to restrictions on the size of groups, so all the concerns about its potential negative effect didn’t play out.  The Church keeps sending home missionaries from around the world, sending home missionaries this week from the Philippines, and is closing down all 11 MTCs around the world and is not sending out new missionaries for now.  The senior missionaries here were given the option of finishing their missions early and going home, or just finishing their missions at home.  A number of senior missionaries here have taken that option, leaving early.  Sis. Gubler and I said that we would stay here until returning home becomes non-optional, which could be soon depending on the spread of the virus. 

One of the more interesting side effects of the shut down of the economy has to do with its contractual effect.  In contracts, we have a concept referred to as the “Force majeure” or “frustration of purpose” clause.  In essence what it says is that where due to famine, epidemics, wars or acts of God, the purpose of a contract is frustrated or becomes impossible to perform, then a party can get out of the contract.  I learned about this in law school, but never in my 35+ year career did I ever think such a clause would come into effect.  It did here!  I was contacted by Norm in Physical Facilities about it this week, and in quickly reviewing our contracts, I saw that we had such a clause in our Construction contract form, but not in our LDSQ tender (bid) contract.  I quickly drafted one up and included it in the LDSQ form, but it will only be good with new tenders going forward.  What about the contract for weekly cleaning services or emptying the trash in a chapel or stake center, which building isn’t being used now since Sacrament and other meetings have been cancelled world-wide?  We just signed the contract for the new food caterer at the NZ MTC here in Auckland, 3 meals a day, 7 days a week, I believe for 1 year, which is for around $1 million.  What do we do with all that food when the MTC shuts down in a week?!  Some interesting legal ramifications ahead, we’ll have to deal with each contractor individually around the Pacific, on a case by case basis!

The other big news this week was that there was a 5.9 earthquake in SLC on Wednesday, causing the Angel Moroni’s trumpet to drop out of his hands from atop the temple there!  I spent all day in the office on Saturday since Alisa is quarantined and I can’t travel anywhere.  It gave me time to transfer the final 6 litigation cases from Elder Low to myself, since he left to return to America.

Took an early morning stroll along the Takapuna beach today.

Early morning Wellington waterfront/harbor

Appellate Court house in Wellington

Our legal team Stuart Hutchinson, Richard Green, Nick Bland

Our barrister Richard Green

In Appellate Court

Sign in local grocery store yesterday, empty shelves

View of Pacific Ocean and Rangitoto Island on my Sunday morning walk

A STRANGE NEW WORLD

It’s a strange new world out there.  Alisa is still in America, she had a good time visiting new grand baby Redd Grant Smith and family, and is now in northern Utah visiting the rest of our kids.  She will attempt to fly back to New Zealand Sunday night and should be allowed back in.  Since she left, the US has blocked travel to all of Europe due to the coronavirus pandemic (as well as to China and much of Asia), the Church has canceled all Sunday services, closed temples, restricted travel internationally, and sent home senior missionaries from much of Asia and Europe, and Utah and many states have cancelled school.  BYU and other universities have cancelled classes and encouraged students to return to their homes to finish out the semester classes online.  Ed just informed us this morning that his graduation from dental school next month will be cancelled in favor of an online ceremony, so at least Alisa and I can remotely attend that!  So far the 3^rd and 4^th year dental students will continue in their clinical experiences through the end of the semester, although classes will be cancelled for 1^st and 2^nd year students, or will be done remotely. Granddaughter Cora’s elementary school has cancelled classes until the end of April!  I also read that Guatemala and other South American countries are now blocking travel from the US.  President Trump just declared the coronavirus a national disaster. With all of the foregoing happening just this week, that is why I’ve been concerned about whether Alisa could get back to NZ.  I’m even going to make a prediction now.  If this situation keeps ballooning, I believe there is at least a 50/50 chance that senior missionaries from around the world will be sent home soon (similar to Sacrament meetings being cancelled around the world even though NZ doesn’t have a coronavirus problem, yet!).  I don’t usually consider myself a “senior” missionary as I am younger than most and still enjoying tremendous health, but I suspect that I would be sent home to either SLC or to our actual home to finish up my mission as an Associate Area Legal Counsel.  (I’ve been told that the AALC’s from Asia and Europe who were previously sent home are now working from the Church administration building.) The silver lining is that I’ve been out on this mission long enough (9 ½ months) that I’ve gotten really good at what I do and have become valuable.  All of my files are paperless, and I could do my legal work remotely with my laptop and the other technology that I’ve learned here.  However, I’ll keep plugging along at what I do until given further instructions.

Monday evening was a FHE for the senior missionaries at the area offices here.  The Reynolds spoke to us about doing family history, and we had a pot luck dinner.  Tuesday was pickleball and I played very well for a change.  Afterwards, the McMurray’s had a plate of food for me for dinner.  Wednesday evening I washed my whites, I believe the first time I’ve done my own laundry since my first mission to Japan 40+ years ago, I’m a little ashamed to say.  But I didn’t shrink anything at least! The rest of the week was just office time, and jogging and reading at home in the evenings.  I had been looking forward to attending Pasifika on Saturday, which is the annual big Polynesian festival in Auckland.  It was cancelled last year due to the NZ Mosque shootings, so I thought it would go forward this year.  But they even cancelled that on Friday. With nothing else to do, and with Alisa gone, there wasn’t much else for me to do but to go to the office all day on Saturday.  I went through the rest of the 25+ litigation files I’m taking over for Elder Low who is leaving to return to American at the conclusion of his mission, and updated the notes and records on them.  One of the more unusual ones is that I’m now working with the mission president of the Perth Australia mission.  A cyclone came through in February and took the roof off of one of his missionary apartments.  The landlord didn’t make the necessary repairs timely, so we moved the missionaries out to live temporarily with a local Church family while a new apartment is located.  Also, the mission home in Port Moresby PNG has sewer and security issues, so we’re moving the mission president, wife and 15 year old son out to a secure apartment complex and giving notice to the old landlord of our termination due to failure to repair. Saturday evening I walked to the grocery store to buy a few supplies.

Since there are no church services today, I will try to busy myself appropriately.  I took an early morning walk along Takapuna beach for exercise and to get some fresh air, then I fixed myself a Sunday morning breakfast fancier than I usually do (cantelope, raspberries, tomatoes, boiled eggs, spam, enoki mushrooms, sourdough bread with tangerine marmalade, and milk).  I’ve been reading in Jacob and will do Come Follow Me in a little bit.  Then I’ve been invited to dinner at the Poll’s, and then a farewell for the Williams, who are leaving a week early for some reason.  I’ve noticed that I’ve been getting a lot of dinner invites from other senior missionaries who apparently think I don’t know how to cook in Alisa’s absence.  I like to kid with them that I’ve done very well thank you, I’ve at least warded off scurvy so far!

I’m supposed to fly down to Wellington tomorrow evening for a Tuesday appellate court hearing unless the Church restricts that also.

A hearty Sunday morning breakfast. You can see I'm bored when I'm taking pictures of my food!

SERVING A MISSION IN THE AGE OF NEW TEMPLES AND THE CORONAVIRUS!

Monday Alisa and I took off during the lunch hour and drove to the New Zealand Missionary Training Center (MTC) on Redoubt road.  The new Auckland temple is being built next door, they are pushing dirt around for the building pad.  We were told that the ground breaking will be in June, after the dirt has settled.  At the MTC we met with Pres. and Sis. Dil, then were assigned to work with senior couple Elder and Sister Bourne, who will be serving as the branch president in Queenstown on the South island.  We were assigned to play a less active couple so that they could practice fellowshipping us.  So I started off by telling them that Alisa and I have never married but have 10 kids, and that I’m a former missionary in Tahiti.  Alisa looked at me and said “why did you just say that, none of that is true”, and I replied, “because we’re role playing?!”  We all got a good laugh out of that and then went on with our role play.  The Bournes will do well on their mission, and they invited us to drop by if we make it down there.  The NZ MTC has 100 missionaries in it this week, a record number. Monday evening we attended our YSA ward’s FHE which had the theme of family history work.

Tuesday evening we were invited, along with Sis. Bundy, to the Yamashitas’ home for a Japanese meal, to thank Alisa and Ellen for working with them on their English. 

Wednesday was my 63^rd birthday.  I took some gentle ribbing at work, and Alisa made me sweet and sour spare ribs and broccoli stuffed onions for my bday dinner.  I enjoyed my calls from family members.

Thursday I dropped Alisa (and Inoke Tune, a Tongan area 70 who had been visiting in town) off at the Auckland airport for her flight back to America to help Rachel out with new born Redd and family.  Alisa has been planning this trip for months, and received special permission for it.  We were lucky we got her out of town when we did.  The next day the Area presidency sent out instructions that all international travel for Church employees and missionaries was cancelled due to the coronavirus outbreak.  In fact, the local general and area authorities aren't even allowed to return to the US for General Conference in April.  So far NZ has avoided what appears to be a pandemic, but the virus is breaking out around the world and the US, and I hope Alisa can get back into NZ when her trip to the states ends in about 1 ½ weeks!

Without Alisa here to keep me company, I just put in extra hours at work this week, including working at the Area offices all day on Saturday.  Last week I got a good property report back from local counsel about the new Neiafu Tonga temple location.  This week I started working on the Pago Pago American Samoa temple and the Port Moresby Papua New Guinea temple sites.  This information is likewise still confidential since the Church hasn’t yet announced the exact location of the actual temple sites to the public.  I will be working with local counsel to make sure we have good title to the properties, and that there aren’t any unexpected liens, encumbrance, claims or other problems with the properties.  I’ve really enjoyed working on these temple projects which seem more in line with my mission objectives, as opposed to some of my other cases.  I also this week took over Elder Gordon Low’s litigation files in the isles and NZ, as he is returning to America at the conclusion of his mission.  After 9 months here, I finally have seniority with the older legal missionaries returning home, so I finally get to determine the types of cases and the areas I work in, which will make this job much more interesting going forward!

I had a few visits with Ed via face time this week, as he had a few days off from school and is in St. George at our vacation home taking a break.  With an early spring the yard looks like it survived the southern Utah winter.  One water line popped out, but Ed caught that and fixed it in time.  All of my fruit trees are beginning to blossom out, which means that I got them planted and established in time in order to take advantage of 2 growing seasons while we’re on our mission.  Besides worrying about the family, the other major worry for senior missionaries is the care of their homes while they are gone.  I believe that our 2 vacation homes are doing just fine.  The landscaping should also be fine, and I’ll be home in time to take care of things as we go into winter at the end of 2020. The weather here in NZ has been quite pleasant this week, I can tell that summer has ended in the southern hemisphere and we are going into nice fall weather.

Traditional Japanese dinner at the Yamashitas