The Law Society’s law reform and advocacy work is all about improving the law and upholding the rule of law in Aotearoa New Zealand. This regulatory function is carried out in the interests of both the public and the profession.

In the last quarter, the Law Society, supported by 160 volunteers across 17 committees, made 12 bill submissions and 34 other submissions – such as consultations on the review of the End-of-Life Choice Bill, Law Commission Issues Papers, changes to the High Court Rules, and consultations early in the policy development process.

Recent law reform submissions include:

• The Land Transport (Drug Driving) Amendment Bill, which proposes less stringent approval criteria for Oral Fluid Testing devices, used for roadside drug testing. The Law Society raised concerns about the unreliability of the devices, and the Bill’s proposal to enable testing for recent use, rather than impairment.
• The Parliament Bill, which the Law Society has welcomed as a means of consolidating and modernising a series of Acts relating to Parliament, improving the ability of the public to find, access, and navigate this law. The Bill is being considered by a special, cross-party select committee.
• Feedback on the Sentencing (Reform) Amendment Bill, which proposes to reduce the discretion available to judges during sentencing, including around guilty plea discounts and where youth offenders express remorse. The Law Society has encouraged a holistic view of all recent and proposed criminal law reform, noting that the nature and totality of these reforms risk altering the fundamental bases of the criminal justice system.
• A further submission on the redrafted Improving Arrangements for Surrogacy Bill. The Law Society’s Family Law Section successfully advocated for the bill to be redrafted in line with the recommendations of the Law Commission’s review of surrogacy law and has welcomed the revised bill as a modern piece of legislation for modern family structures.
• Feedback on a Ministry of Justice consultation on proposals to increase the threshold for eligibility to elect trial by jury. The Law Society does not support increasing the threshold but does support a proposal to delay the point at which a defendant must make their election.
• Feedback to the Rules Committee on proposed amendments to the High Court Rules 2016 to improve access to civil justice. The Rules Committee is aiming to complete judicial and professional education about the new regime before the amended rules come into effect (for which no date has yet been set, but will likely be in late 2025 or early 2026), and the Law Society will look to assist the Committee with training and education for lawyers.
• The Marine and Coastal Area (Takutai Moana) (Customary Marine Title) Amendment Bill, in particular raising procedural and constitutional concerns, and the risk of undermining the comity between Parliament and the Courts.
• Customer and Product Data Bill, and associated consultations on regulations and standards for the banking and electricity sectors.
• The Law Society’s Property Law Section provided detailed feedback on draft regulations which will implement recent changes to the Local Government Official Information and Meetings Act 1987, requiring the inclusion of natural hazard information in Land Information Memoranda.
• Numerous consultations from Inland Revenue, relating to both policy and public guidance items, as well as the Taxation (Annual Rates for 2024-25 Emergency Response and Remedial Matters) Bill. Inland Revenue has a large public guidance work programme, and the Law Society’s Tax Law Committee receives a steady stream of substantive, often highly detailed consultation items.

All submissions on bills before Select Committee, as well as public consultation items, are available on the Law Society’s website.

In addition to law reform submissions, the Law Society undertakes advocacy work across a wide range of legal issues, as well as practical and environmental issues impacting on lawyers.

Courthouses and court proceedings

Courthouse safety is an area of concern for the Law Society and its members, particularly whenever a serious incident occurs. The Law Society and its Family Law Section meet regularly with the Ministry of Justice to work through safety and security concerns raised by the profession.

There has been progress, although there remain constraints around financial resources and the physical design of some buildings. This will remain a priority for the Law Society, and lawyers with concerns about courthouse safety are encouraged to get in touch with their local branch, or to email lawreform@lawsociety.org.nz.

The Law Society also works with the Ministry of Justice on courthouse rebuilds and repairs, including advocating for increased investment and the involvement of local lawyers in new builds such as those in Tauranga, Whanganui, and Papakura.

There is ongoing work on Te Au Reka – the programme for digitisation of the court system – which will bring significant change to how the courts and lawyers work. The Law Society’s Family Law Section has been involved in this work, as Te Au Reka will be implemented in the Family Court first. Further information will be communicated with the profession as this work progresses.

Legal aid workshops

The Law Society has long advocated for the improvement and sustainability of the legal aid regime.

In July this year, alongside the Family Law Section, we arranged and delivered a series of workshops with the Legal Services Commissioner and legal aid providers. The purpose of the workshops was to discuss proposals from the Commissioner that aim to simplify obtaining approval to provide legal aid, and to assist with getting juniors on serious sexual violence cases. It was also an opportunity for providers to identify administrative improvements that can reduce the amount of time spent on admin and invoicing, without requiring too much expenditure from legal services.

Some improvements have already been made to invoicing, and the Legal Services Commissioner has confirmed that juniors are now pre-approved to work on all PAL 3 sexual violence cases. The Commissioner is continuing to review the Amendment to Grant and invoicing policies and processes.

Rule of Law project

Work continues on the Law Society’s Rule of Law Project. The purpose of this project is to better understand the legal community’s perspectives on the rule of law, identify current challenges to the rule of law in Aotearoa New Zealand, and make evidence-based recommendations about how to meet those challenges.

The Law Society received an encouraging number and range of responses to a survey of the profession and has since held workshops and individual conversations with those who wanted to discuss their views further. The next step is talking to academics at each of the universities to understand their perspectives, following which a report will be drafted.

The aim of this work is to increase public understanding of the rule of law, including through the development of enduring resources, and to promote any identified actions that will help to strengthen and uphold the rule of law. The Law Society will report on findings and recommendations in 2025.

The coming months

The Law Society and its law reform committees are expecting to continue work on several significant law reform items over the next quarter, including:

• Signalled reform of the AML/CFT regime. The Law Society has advocated for changes to ensure the regime applies in a risk-based and sector-specific manner to lawyers, in order to address the current compliance burden while maintaining the integrity of the regime. Initial legislative amendments have been announced, and the Law Society is engaging with the Ministry of Justice and the Department of Internal Affairs around broader changes to the supervisor structure and funding model.
• Legislation relating to youth justice, including the creation of Young Serious Offender Orders and legislating for the use of ‘boot camps’ in sentencing.
• The Law Commission’s project Hara Ngākau Kino, the review of hate crimes. This review will consider whether there should be specific hate-motivated offences, as recommended in the Report of the Royal Commission of Inquiry into the terrorist attack on Christchurch masjidain on 15 March 2019.
• Reform aimed at modernising the Companies Act 1993 and other related company law.
• Continued involvement in important programmes of work such as Te Au Reka and Te Ao Mārama.