The newest King’s Counsel are all exceptional and expert in their areas of law but they have also been assessed against criteria that includes their commitment to access to justice.  Our newest King’s Counsel have strong histories in this area including law reform. The Chief Justice recognised the extraordinary contributions to law reform and the hard work that goes into making our laws better for the benefit of all of Aotearoa.   

This call to the inner bar was a bittersweet celebration. Douglas Ewen KC, one of Wellington’s most well-known justice advocates is gravely ill and was unable to appear in person.  Chief Justice Dame Helen Winkelmann and Supreme Court judge Sir Stephen Kós went to Mary Potter Hospice on Monday evening for a special sitting of the High Court to perform the ceremony for him at the request of family and friends.  Mr Ewen was able to watch Wednesday’s ceremony online as the Chief Justice spoke about his extraordinary achievements.  Ordinarily only the appointee would stand to hear the words of the Chief Justice. In an extraordinary mark of respect and support, all the silks and profession in the Supreme Court (and remotely) stood while Mr Ewen’s achievements were listed.  Addressing Mr Ewen, the Chief Justice said he had spent his legal career, “being the voice of the most marginalised in our society — those who are least able to speak for themselves.”  The Chief justice spoke about Mr Ewen’s commitment to access to justice: 

I would characterise your whole career as spent in service to ensuring access to justice.  You have taken on poorly remunerated work because of your belief that providing access to justice for the most vulnerable or the least regarded is essential if we are to aspire to be a just society.   

Much of your practice is at legal aid rates.  Other parts are pro bono.  This includes work as a volunteer for the Te Ara Ture pro bono project.  You have helped Te Ara Ture develop a pilot programme to assist lay litigants with drafting their pleadings, to avoid their claims being struck out for non-compliance. 

Of the five new silks who attended in person, the Chief Justice recognised the extraordinary contribution each of them has made in their areas of law and for the profession as a whole. Tim Stephens KC and Daniel Kalderimis KC, as well as undertaking significant pro bono cases, have for many years been leaders in this work for the Law Society.  Mr Stephens has been the convenor of the Law Society’s Law Reform Committee and remains a member of the Public Law Committee, while Mr Kalderimis is the convenor of the Law Society’s Civil Litigation Committee and representative on the Rules Committee.  The Chief Justice said:  

It is hard to overstate, or to praise too highly the work of the Law Society, and the individual practitioners in the law reform area.  The Law Reform Committee makes a critical contribution to the quality of the law enacted by our Parliament.  An overlooked aspect of access to justice relates to the quality of the substantive law.  If our law is of poor quality or overly complex, this can operate as a barrier to individuals accessing their rights.  The work of this committee has become more demanding with the increase in recent years of legislation passed under urgency or subject to abbreviated time frames.  

Christopher Stevenson KC’s exceptional leadership and contributions to criminal justice reform were also outlined, including his significant pro bono and legal aid contributions and as a founder of Te Matakahi, Defence Lawyers Association of New Zealand.  

Wendy Aldred KC’s list of legal aid work included the landmark win for Community Law Waikato clients, Afghan nationals, who were wrongly denied Critical Purpose Visitor Visas because of a misinterpretation of the humanitarian exception contained in the Immigration Instructions for that type of visa.  Ms Aldred, who specialises in public law and civil litigation, has also been a strong advocate for the progression and advancement of women in the law. 

Sally Gepp KC’s significant contributions to law reform in the resource management area were recognised, alongside her work with NGOs and as a leader of the Resource Management Law Association. 

Ceremonies for the remainder of the King’s Counsel appointments will be held this month in Christchurch (5 August) and Auckland (9 and 16 August).  For further information see here.