As the voice of the profession, the Law Society’s law reform and advocacy work is a vital function carried out in the interests of the public and the profession. The Law Society’s submissions are influential and respected, drawing on the expertise of 160 volunteers sitting across 17 law reform committees. LawTalk shares an update on the previous quarter’s work.

The Law Society’s submissions continue to influence the development of the law. The Justice Select Committee’s report back to Parliament on the Gangs Legislation Amendment Bill adopts several changes recommended by the Law Society. This includes refining the scope of the proposed new offences and introducing a mensrea element to the offence of displaying gang insignia, and enabling the Commissioner of Police to revoke a dispersal notice where the individual is not a gang member.

The majority of the Law Society’s recommendations on the Firearms Prohibition Orders Legislation Amendment Bill were accepted, including recommendations to refine the Bill’s scope to those individuals and offences which are related to gang offending. The Local Government (Water Services Preliminary Arrangements) Bill has also been reported back, adopting several of the Law Society’s recommendations around drafting and substantive content.

Law reform submissions made this quarter include:

• The Sentencing (Reinstating Three Strikes) Amendment Bill, which proposes to reinstate a revised version of the Three Strikes Regime. While acknowledging the changes that have been made to the new regime, the Law Society recommended the Bill does not proceed. If it proceeds, the Law Society recommends increasing the sentence threshold at which a strike can be made, and amending the ‘manifestly unjust’ exception to allow a court to rely on mitigating factors when exercising this discretion.
• A submission in support of the Privacy Amendment Bill, identifying potential difficulties that agencies will encounter in identifying and notifying all individuals about whom information has been indirectly collected.
• The Local Government (Electoral Legislation and Māori Wards and Māori Constituencies) Amendment Bill, which introduces binding polls on whether local authorities keep or disestablish Māori ward and constituencies, amongst other changes. The Law Society raised concerns about the truncated select committee process and recommended the Bill did not proceed and noted differential treatment around the creation of other wards and constituencies, which do not require a binding poll.
• The Resource Management (Extended Duration of Coastal Permits for Marine Farms) Amendment Bill, which seeks to extend the duration of all coastal permits authorising aquaculture activities, by 20 years. The Law Society raised concerns that the Bill is inconsistent with local planning frameworks and processes for reviewing and extending consents, and that the councils consulted opposed the Bill.
• The Oranga Tamariki (Repeal of Section 7AA) Amendment Bill. The Law Society’s Family Law Section assisted with this submission and appeared before Select Committee. The submission canvassed the history of section 7AA and its impact so far, and emphasised that it is not in conflict with – and does not displace – the paramount consideration of a child’s wellbeing and best interests.
• The Law Commission’s second issues paper on its Review of Adult Decision-Making Capacity Law. This substantial submission was prepared with the assistance of the Family Law Section, Property Law Section, and the Health and Disability Law Committee.

Advocacy

The Law Society continues its work to support legal aid providers and advocate for the sustainability and improvement of the legal aid system. Throughout July, we worked with the Legal Services Commissioner to organise and deliver a series of workshops with criminal, civil and family legal aid providers. With no budget increases for legal aid in Budget 2024, the workshops were an opportunity to discuss other changes that can be made to assist legal aid providers with aspects such as administrative burden. The Commissioner will soon consult the profession on proposed changes.

The Law Society also raised with the Legal Services Commissioner the issue of delays in payment of legal aid invoices. The impact of these delays on providers has been acknowledged by the Commissioner, and work has been underway to address the causes of the delay, including technological issues, vacancies, and staff illness.

The Law Society’s Rule of Law project remains underway, and the profession was invited to complete a survey sharing their views on the rule of law in Aotearoa New Zealand, including what it means and current challenges. Further engagement is underway with those who were interested in discussing further.

We continue to raise with the judiciary issues around the scheduling of bail application hearings and sentencing, as well as challenges lawyers are facing in accessing clients in custody.

The Law Society also wrote to the Attorney-General to reiterate the fundamental principles of comity and mutual respect, following reports of comments made by a Minister of the Crown about High Court Judge, Justice Cheryl Gwyn. Following further comments by the same Minister about the wider judiciary, the Law Society wrote again, asking that all Ministers be reminded about their obligations and duties in respect of the judiciary. Law Society President Frazer Barton had earlier raised the importance of respectful debate and avoiding criticism of the judiciary in an opinion piece in April.

The Law Society wrote to the Minister of Justice about the introduction of an amendment paper on the Gangs Legislation Amendment Bill, after the Select Committee process. The Amendment Paper introduces a ‘gang insignia prohibition order’ regime, which will prohibit subject individuals having gang insignia in their homes and enable Police to search homes for insignia. The Law Society outlined Bill of Rights and rule of law issues, and has since spoken to several media outlets about these concerns.