The last quarter was a busy period for law reform and advocacy, even with the intervening summer holidays. From December through to February, the Law Society made 21 submissions on Bills, and 23 submissions on a range of discussion documents released by government agencies.

On 19 February, the Law Society held the first in a new series of biannual ‘Advocacy in Action’ webinars. These webinars are designed to share greater detail on the range of submissions the Law Society has been working on, as well as upcoming law reform that may be of interest to the profession. The next webinar will be held on 20 August.

Recent law reform submissions include:

• A submission on the Principles of the Treaty of Waitangi Bill. Key areas of comment in the submission included the inadequate process followed to initiate such significant constitutional change, lack of consultation with Māori, and the likelihood that the Bill will undermine settled law in favour of greater uncertainty. The Law Society appeared before the Justice Select Committee, where the submission was presented by Nick Whittington and Rachael Jones, of the Law Reform Committee.
• Consultation on the proposed Regulatory Standards Bill. The Law Society’s submission follows submissions made on similar initiatives in 2010 and 2011: it identifies a lack of clarity around the problem the Bill seeks to address, highlights the selective inclusion of certain principles, and notes the Bill as proposed is unlikely to improve regulation. The Law Society recommends first considering non-legislative mechanisms such as greater adherence to proper policy development processes, improved Regulatory Impact Statement performance, and implementation of processes for post-legislative scrutiny.
• An extensive submission on the Mental Health Bill, prepared with the Law Society’s Family Law Section and the Health and Disability Law Committee. The Law Society’s submission supports the repeal and replacement of the current Mental Health (Compulsory Assessment and Treatment) Act 1992, and welcomes the shift towards a more rights-consistent legislative regime. The submission scrutinises the Bill carefully and offers recommendations to improve drafting.
• Further consultation on the Sexual Violence (Strengthening Legal Protections) Legislation Bill, following the introduction of Amendment Paper 216, which proposes to amend name suppression settings in sexual violence cases to require a victim’s consent before an offender can be granted permanent name suppression. The Law Society’s submission expresses concern that the proposal will undermine established sentencing principles and individualised justice, while also raising the prospect of similar offenders being treated markedly differently. The submission also notes that the proposal risks harms to connected individuals, as well as other victims associated with the same offending or the same defendant.
• The Oranga Tamariki (Responding to Serious Youth Offending) Amendment Bill, which proposes to introduce a Young Serious Offender declaration, as well as Military Style Academy orders. The Law Society’s submission emphasises that the policy work done to develop the Bill was constrained, and there is no evidence to support the need for – or likely efficacy of – the Bill’s proposals.
• The Social Security Amendment Bill, which introduces additional sanctions into the social security regime, and expands the permitted use of automated decision-making (ADM). The Law Society’s submission recommends that the clauses expanding the use of ADM are removed, pending further analysis and the development of appropriate safeguarding measures.
• The Disputes Tribunal Amendment Bill, which will increase the financial jurisdiction of the Disputes Tribunal from $30,000 to $60,000. This Bill responds to some of the recommendations arising from the Rules Committee’s Improving Access to Civil Justice report. The Law Society’s submission supports the increase to the jurisdiction of the Tribunal, but notes that a filing fee of $468 for claims of $30,001 or more may represent a substantial hurdle for users of the Tribunal, including those with more substantial claims.

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

Te Au Reka – digital case management for courts and tribunals

The Law Society continues to meet regularly with the Ministry of Justice to discuss progress on Te Au Reka and planning for Phase 1, which will implement Te Au Reka in the Family Court. The Law Society’s Family Law Section has provided feedback on proposed changes to the Family Court Rules, which aim to support the implementation of Te Au Reka. The Ministry is simultaneously designing Proof of Concepts for the District Court Criminal and the High Court Civil, to identify the needs of these jurisdictions, and the Law Society will remain closely involved.

Upcoming AML/CFT reform

Recently released Cabinet material has provided additional detail on proposed changes to the Anti Money Laundering and Countering Financing of Terrorism (AML/CFT) regime. This includes a proposed move to a single supervisor – the Department of Internal Affairs – and the introduction of a levy on regulated entities to enable partial cost-recovery.

The Cabinet materials show that consultation with the regulated sectors is anticipated, and we also anticipate consultation during the select committee process, once legislative amendments are progressed. The Law Society will look to gather feedback from the profession as this work continues.

In the meantime, the Anti-Money Laundering and Countering Financing of Terrorism Amendment Bill is currently before the Justice Select Committee, and the Law Society is preparing a submission. Amongst other minor amendments, the Bill will reduce the requirement for enhanced customer due diligence on low-risk trusts.