New Zealand Law Society - Family Law Section: Bringing Aotearoa's family lawyers together

Family Law Section: Bringing Aotearoa's family lawyers together

Family Law Section: Bringing Aotearoa's family lawyers together

LawTalk shines a light on the sections of the Law Society and in this issue details how the Family Law Section brings family lawyers together through a shared special interest and talks of the growing importance of family law in Aotearoa New Zealand.  

The New Zealand Law Society’s Family Law Section (FLS) was established in December 1997 to recognise the special interests of family lawyers and the growing importance of family law in New Zealand. The Law Society saw the establishment of the FLS (its first section) as an important development that would provide an opportunity for a greater flow of information about family law issues amongst its members who would be able to be directly involved in FLS activities. Today the FLS has over 1,600 members, 196 of whom volunteer to actively fill roles within the FLS for the benefit of FLS members.

The FLS takes an active role in the reform of family law. Working groups are established from the FLS Advisory Panel who have drafted numerous submissions over the past year on behalf of the Law Society. Recent submissions include: the Law Commission’s Second Issues Paper Review of Adult Decision-making Capacity Law, Improving Surrogacy Arrangements Bill, the repeal of section 7AA of the Oranga Tamariki Act, Family Court Associates jurisdiction and remote participation in the Family Court. The FLS is currently working on a significant submission in response to the bill that proposed to repeal and replaces the Mental Health (Compulsory Assessment and Treatment) Act 1992.

The FLS is proud of its quarterly issues of Family Advocate and regular email bulletins that inform members of the work it is involved in, keep members updated on legislative and practice changes and promote debate on family law issues.

The FLS has strong relationships with the Ministry of Justice, the Principal Family Court Judge and Oranga Tamariki. The chair, deputy and manager meet bi-monthly with the judiciary and senior ministry officials to raise issues of concern and work towards resolving these issues on behalf of FLS members. We also proactively advocate for improvement of registry practice and legislation. Recent examples of legislative change include the increase of property and income thresholds in the PPPR Act legislation and an amendment to the mental health legislation to enable a barrister sole and a solicitor to certify section 34D certificates. Other FLS advocacy has resulted in the government fully funding FDR mediation for both parties from July 2025, the Ministry of Justice establishing a process to enable the regular review of court-appointed counsel remuneration and realigning the service of documents in Auckland with the rest of the country so that it no longer relies solely on family lawyers to effect service.

The FLS hosts a range of national webinars throughout the year and the FLS regional representatives organise in-person educational events in their local areas, including the popular annual lawyer for child forums. FLS members receive up to 30 percent discount for this bespoke education, including the same discount for NZLS CLE Ltd workshops, seminars and the biennial family law conference.

The FLS also supports and assists in the professional development of court-appointed family lawyers through the FLS Best Practice Guidelines for lawyer for child and lawyer for subject person.

In addition, there are numerous opportunities throughout the year for family lawyers to attend local networking opportunities and collegial events.

Family law is a demanding and complex area of the law. A particular focus for the FLS is on the safety and well-being of its members. The FLS has 80 senior family lawyers on the FLS Friends Panel who are available to provide support and advice. The FLS Immediate Response Team are also available to assist and support members affected by trauma or pressure as a result of carrying out their professional duties. The FLS members on this team have experienced difficult situations over their years of practice so are able to offer practical advice. The FLS ‘our stories’ initiative includes videos of FLS members talking about their actual experiences in challenging practice situations and sharing tips for those who may be experiencing similar situations.

FLS members are part of a large community of family lawyers throughout New Zealand. FLS membership provides numerous opportunities for family lawyers to get connected and stay connected. If you are not already a member, we look forward to warmly welcoming you as part of our community.

Did you know?

Your 2024/2025 New Zealand Law Society membership includes membership to a Law Society section of your choice. If you are not already a member, join now to gain access to a broad range of services and support offered by the Family Law Section lawsociety.org.nz/membership