The New Zealand Law Society Te Kāhui Ture o Aotearoa is working within the current legislative framework for the regulation of lawyers, but, as the Independent Review identified, there are aspects of the legislation that are overly prescriptive and inefficient.
In 2023 we responded to the Independent Review recommendations, and looked to the Government to indicate whether substantive reform of the Lawyers and Conveyancers Act 2006 (Act), would be a legislative priority. The Minister of Justice has signalled that wholesale reform is unlikely to be a priority in the first term of the current Government.
However, the Law Society is committed to ongoing improvements to the modernise the regulation of lawyers. The Regulatory Reform and Response programme was established by the Law Society to consider how the organisation could progress the recommendations made by the Independent Review panel without wholesale legislative reform. The work programme is considering changes that can be made to the regulatory system within the Law Society’s control such as registration processes, improvements to the complaints model and governance.
The Law Society released its response to the recommendations made in the Independent Review Report in August 2023. After consultation with its Council members and the profession, the Law Society accepted in principle most of the recommendations, including recommendations to establish a new independent regulator and an overhaul of the system for handling complaints about lawyers. The Law Society has provided its response to the Minister of Justice, so that it can be considered for the Government’s legislative agenda.
Media releaseResponse documentThematic AnalysisTable of recommendations
The Independent Review Panel’s report is now available.
The Independent Review Report has recommended legislative and structural change, the establishment of a new independent regulator and an overhaul of the system for handling complaints about lawyers.
The report was commissioned by the Law Society in 2021 because it had been clear that the complaints process was no longer fit-for-purpose and was not serving the public or the profession well. This had been highlighted in 2018 with reports of sexual harassment within the legal profession.
The Law Society also wanted to take the opportunity to shift to a more modern regulatory environment given the changes that have taken place in New Zealand and internationally since the Lawyers and Conveyancers Act was introduced in 2006.
The Law Society needed to ensure that the legal profession has a strong representative voice that is responsive to the needs of the profession and the public.
On 28 March and 3 April the Independent Review Panel held livestream sessions to give the profession a chance to hear the main recommendations and ask questions about the report.
A recording of the 3 April session is available to watch: https://youtu.be/jIAIjXhgero