Chris Macklin

Barrister and Convenor of Law Society Criminal Law Committee

What is your key focus for 2025 professionally?

I’m a relatively recent addition to the independent bar, having spent the majority of my career in law firms. One of my key motivations for making this move was to take on a greater variety of work, and I’ve certainly achieved that. Now, my challenge is balancing a steady stream of quality work while ensuring it remains diverse and engaging.

It’s a bit of a tightrope – taking on enough work to stay busy and stimulated while maintaining the capacity to give each client and file the time and attention they deserve. In 2025, my focus is on refining that balance and staying sharp in my practice.

What do you consider to be the issues that matter the most in your area of practice?

I think the biggest issue is time and resourcing for the court system. The impact this has on our profession is difficult to overstate. Litigators, particularly criminal lawyers, are constantly being asked to provide a Maserati-level service on a Suzuki Swift budget.

Something that often gets lost in political discussions and media coverage is that the justice system is, in fact, a system. Like any system, even small changes in one part affect the whole. We hear a lot about different interest groups and their priorities, but the justice system is supposed to be balancing rights and interests and preserving the Rule of Law. Right now, it’s running at or beyond its limits on almost every front I deal with.

I’m fortunate that my work takes me to courts across the country, both District and High Court. What I see everywhere is that delays are a concern, and it can be quite soul-destroying – especially for those in the criminal system who deal with people on a very personal level. The impact of these delays on people’s lives can be significant.

What are you most optimistic about professionally in 2025?

I think there’s cause for optimism in the legal profession, particularly in the continued improvement of firm culture and professional relationships.

For a long time, law was a “work hard, play hard” profession, and some of the negative publicity we’ve seen in recent years has reflected that culture. But I think we’re seeing real change – not just in how we engage with clients but also in how we interact with each other and, for litigators, with the Court. That shift is fostering greater respect for professional boundaries, which is something to be optimistic about.

I’m not saying things will change overnight, and yet I don’t want to pull a Rachel Hunter and say, “It won’t happen overnight, but it will happen”. So, without losing a sense of the fun collegiality that lawyers love, I see opportunities for the profession to prove its value and also take better care of its people in the year ahead.

Are there any legislative changes that you see coming to the fore that will have an impact on your area of practice?

For criminal lawyers, there’s no shortage of changes. It would be unfair to single out just one and say, this is the change that will have the biggest impact. This government has taken an expressly “tough on crime” approach from day one, with a suite of policy announcements reflecting that stance. Clearly, there’s a public mandate for change in the criminal justice process.

I understand toughness as a response, but it needs to be balanced with fairness and, just as importantly, effectiveness. New Zealand needs a much more nuanced conversation about the legislative direction of our justice system. That’s not a criticism of any single government’s approach; it’s simply an acknowledgment that, as a developed nation, we should be stepping back and asking: Where do we want our justice system to go? How do we achieve fair, timely, and effective processes with the system we’ve inherited?

If you had one piece of advice for 2025 to share with other practitioners in your area of practice, what would it be?

The best piece of advice I can offer generally for lawyers, and particularly for litigators, is to make a conscious effort to take other lawyers as you find them.

Every lawyer approaches a case with their own perspective, background, and experience. At the end of the day, we all do our best work for our clients when we move past reputations or personal tensions and focus on what we can achieve within the rules, ethical obligations, and constraints of our profession.

Being genuinely kind and respectful makes a real difference. It reduces stress and makes day-to-day interactions smoother. It benefits not just individual lawyers but all of those involved, including clients.

Maria Dew KC

Britomart Chambers, Auckland

What is your key focus for 2025 professionally?

At this stage in my career, my focus is less on setting any goals and more on enjoying practice and seeing how it evolves. Employment law shifts every few years, keeping things interesting, and I expect my work will shift with the times.

I am currently seeing a lot of mediation and facilitation happening, because the economy and organisations are in a difficult space. I think the work of employment lawyers now is focused on helping with restructuring and reengineered organisations. This comes with conflicts which organisations often want to get resolved quickly.

So, I think that’s going to be an area of focus over the next year, possibly two years, as the employment market is in a difficult recession. The challenge for organisations when they’re making these big changes is, while people are departing, how do they retain momentum and the essence of the organisation, for those that are left?

Otherwise, my focus remains on running cases in court, investigations and reviews, wherever I can offer my skills.

What do you consider to be the issues that matter the most in your area of practice?

The new government is proposing some significant changes to the Employment Relations Act, including an income threshold where employees earning over $180,000 will lose the right to bring unjustified dismissal personal grievances. This aligns with Australian law, so we are not unique, but it will reshape employment disputes, particularly at the executive level. While aimed at increasing flexibility for businesses, it will also lead to a period of uncertainty, renegotiating employment agreements for higher earners and inevitably some testing of the new laws in the courts.

Another major change is a proposed “gateway test” for employee status, that is in addition to the current definition of employee in the Act. The new test will restrict claims by those who have signed contractor agreements. This will particularly impact those who work in more modern flexi work situations “gig economy” or “platform workers”, like Uber drivers. Under the new test, if a worker signs a contract stating they are a contractor, they will likely be classified as such. This change aims to provide clarity but will, at least, initially spark legal challenges over its scope.

A growing concern for employment lawyers is the recent cuts to MBIE services, making access to employment mediation harder. Delays are pushing some organisations toward private mediation, raising access to justice issues for those that can’t afford this option. Mediation has historically resolved around 75 per cent of employment disputes – without it, unresolved cases may rise, affecting business productivity.

What are you most optimistic about professionally in 2025?

I’m very optimistic about the quality of employment lawyers I see in practice. I’ve worked in employment law for over 25 years, and by and large, employment lawyers are solutions-focused, emotionally intelligent, and attuned to what their clients need.

Employment disputes are high stakes for both sides. For small and medium-sized employers – the majority in New Zealand – a personal grievance can be a major risk to their business. For employees, their job is one of the most important aspects of their life, next to family. Navigating these challenges requires not just legal expertise but also an understanding of the personal and commercial pressures at play.

What I appreciate about employment law, is that lawyers in this space genuinely want to help people – whether it’s businesses or individuals – through difficult situations. The profession is collegial, and we focus on outcomes rather than competing with each other. Unlike large-scale commercial litigation, employment cases aren’t worth millions, so we have to be strategic and efficient in how we achieve results.

Are there any legislative changes that you see coming to the fore that will have an impact on your area of practice?

The proposed gateway test for determining employee/contractor status, the income threshold limiting personal grievances for high earners, and the restrictions on personal grievance remedies will all reshape how employment disputes are handled.

These changes, both legislative and systemic, will significantly shape employment law in the coming years, creating some degree of uncertainty and fresh challenges for lawyers navigating this space.

If you had one piece of advice for 2025, to share with other practitioners in your area of practice, what would it be?

Look after your mental health. To provide the best advice, we need to be mentally and physically fit. Prioritising our own wellbeing is essential in this demanding field.

Professionally, I’d also say maintain an interest in other areas of law. Having knowledge beyond employment law, in other areas of civil, commercial, health law or human rights litigation, helps broaden your perspective.

It allows you to see how different legal principles intersect and influence employment law’s development. Recent discussions on tikanga and employment law or the impact of International Labour Organisation conventions are just examples which highlight how broader legal frameworks can shape our practice. So, don’t just focus on the Employment Relations Act – stay curious, look at the bigger picture, and keep learning.

Felicity Monteiro

Partner, Wilson Harle and member of the Law Society's Civil Litigation and Tribunals Committee

What is your key focus for 2025 professionally?

Having had more private client disputes in my caseload over the past few years has given me a new perspective on the personal impact of litigation. For individuals, the stakes are immediate, and the processes are confusing and, at times, seem absurd. So, my key focus this year will be on client experience and ensuring each step is managed with the goal of resolving disputes in mind.

Working with private clients has reminded me that, of course, people don’t inherently understand legal procedures like discovery or interlocutory steps. Being forced to explain these things has made me reflect on why we do them this way in the first place. Are these processes really the best way to handle litigation or disputes?

At the end of the day, no one wants to have to hire litigators to act for them. No one wants a dispute or expensive court proceedings. So, everything we do as litigation lawyers should be focused on eliminating our clients’ problems – not just moving them through the system.

What do you consider to be the issues that matter the most in your area of practice?

Two major changes are expected to reshape civil litigation in the High Court this year.

First, a major overhaul of the High Court Rules will require significantly more front-loaded work. Instead of the current process, where claims progress quite gradually with costs accumulating closer to trial, lawyers will need to have key documents ready, witnesses briefed, and groundwork laid before filing new claims. This shift will make litigation more demanding at the outset and may reduce claims being filed solely to create leverage for settlement.

Second, the proposed trial of a new procedural track for commercial cases in the Auckland High Court aims to fast-track qualifying claims, ensuring quicker resolutions and preventing claims from being held up at the interlocutory stage. While beneficial for clients, this acceleration may increase pressure on lawyers, compressing workloads and limiting the number of cases they can manage. Navigating these shifts will be a key challenge for the profession, particularly in Auckland.

What are you most optimistic about professionally in 2025?

I’m most optimistic about our team at the firm now. We’ve got a strong team of lawyers at all levels so I’m looking forward to watching them develop and knowing that they’re going to do great work. I think we’ve managed to get the great lawyers we have because of the work that the firm attracts and our firm’s culture. The work is diverse which keeps everyone interested and challenged. The culture is collaborative and the structure is pretty flat – it isn’t as hierarchical as other firms might be with a partner at the top and work trickling down through seniors, intermediates and juniors. We try to work with everyone directly, and to resource files as efficiently as possible.

Are there any legislative changes that you see coming to the fore that will have an impact on your area of practice?

The High Court Rules changes are the biggest shift for us, but there are plenty of other legal changes that could significantly impact on our practice.

Whenever a new statute is introduced or amended, there’s a dearth of case law to guide its application to circumstances as they crop up. Judges haven’t seen the new provisions before, and they haven’t interpreted the particular words in whatever the legal context is. That can result in a wave of litigation as the courts work through where the boundaries of where these new or amended laws lie.

Right now, we’re seeing changes in the Overseas Investment Act, employment law, and directors’ and officers’ liability. Any legislative change creates uncertainty – laws that haven’t yet been tested in court provide opportunities for litigants and litigators to shape how they’re applied through the cases that arise.

If you had one piece of advice for 2025 to share with other practitioners in your area of practice, what would it be?

I’ve had two very different experiences with lawyers on “the other side” so far this year. In one, the opposing lawyer was polite, reasonable, and cooperative. As a result, we’re resolving the dispute efficiently and in a way that serves both of our clients’ best interests. In the other, the lawyer has been unapproachable, unreasonable and combative, leading to higher costs, delays, and stress for both clients.

My takeaway? Be respectful of, and reasonable with, your colleagues. Treat other lawyers as humans, not just opponents. Don’t put perceived procedural “wins” and point-scoring above working towards the resolution of disputes in the best interests of your clients. As workloads increase with upcoming changes, fostering a culture of professionalism and respect will benefit everyone.

Richard Smith

Barrister and Family Law Section Executive

What is your key focus for 2025 professionally?

So far 2025 has been like I have just woken up from a Saturday afternoon nap on the couch, wondering where I am and what day it is, having a mild panic it's Monday morning and I’m late to the office and trying to shake the fog of waking. My focus for this year is to employ a new grad lawyer so I can do my bit to bring more lawyers into doing family and criminal law.

What do you consider to be the issues that matter the most in your area of practice?

There are some big legislative changes on the horizon, such as the new Mental Health Bill, the Improving Arrangements for Surrogacy Bill, and the extension of the powers of the Family Court Associates. In addition, there are numerous amendments to the Family Court Rules coming to implement Te Au Reka (the digitalisation of the Family Court) so there are lots of changes for family lawyers to get their heads around.

The issues of the lack of family lawyers, especially those providing representation for children, those who have lost capacity and also those who provide legal aid services, continues to be a major concern.

Security in courtrooms and the increase of self-represented parties is also of concern, not only to family lawyers but the profession as a whole.

While I try to ignore the doomsday AI news, the advent of AI will continue to be a complicating factor for lawyers, both harnessing it to enhance their practice and managing interacting with those using it.

When it comes to lawyers’ workloads I don’t see any light at the end of the tunnel; it’s busy. Every lawyer I talk to, not only in family law but most other areas, are flat out and doing all they can to manage.

What are you most optimistic about professionally in 2025?

I discovered the benefit of professional supervision about eight years ago when becoming a lawyer for children. It is one of the most important self-care things I do. It helps me manage my professional life but also my personal life. It gives me someone independent to talk through difficult cases and get guidance from.

I am most optimistic about the Family Law Section continuing to increase its membership, offering more practical education and providing additional services for the benefit of its members. Every lawyer who practises in family law should be a member of the Family Law Section.

Personally, my goal this year (after an ambush intervention by my wife) is to eat better. I normally run on coffee and anxiety, but apparently that’s not overly healthy for me.

I am always optimistic about family law. Lawyers who practise in this area don’t generally do it for the money. They do it to make a difference, to help vulnerable clients and to ensure everyone gets the best legal representation they can. No matter what headwinds there are, family lawyers navigate them and always find a way. This year will be no different.

Are there any legislative changes that you see coming to the fore that will have an impact on your area of practice?

The Mental Health Bill which if enacted will repeal and replace the Mental Health (Compulsory Assessment and Treatment) Act 1992, creating huge changes which will affect patients, whānau, mental health professionals and lawyers who are all going to have to get to grips with the changes.

As mentioned above the Improving Arrangements for Surrogacy Bill again introduces significant changes to this area of practice and Te Au Reka will be a steep learning curve for not just the lawyers but for the judiciary, court staff and court users.

If you had one piece of advice for 2025 to share with other practitioners in your area of practice, what would it be?

Be kind. It doesn’t cost you anything.

Vicki Morrison-Shaw

Rōia Tūtahi | Kaikōmihana | Barrister | Commissioner and Convenor of the Law Society’s Environmental Law Committee

What is your key focus for 2025 professionally?

The first is to continue embedding te reo Māori into my everyday practice as an environmental barrister and commissioner. In hearings, there are many moments where greetings, karakia, and other formalities are used, and having an understanding of te reo Māori not only helps with those aspects but also enhances my ability to engage with and understand the evidence presented by tangata whenua. Ko te reo Māori he matapihi ki te ao Māori.

Another key focus is continuing to deliver sustainable outcomes for my clients – outcomes that stand the test of time – aren’t overturned on appeal, and provide lasting benefits both for my clients and the environment. Manaaki whenua, manaaki tangata, haere whakamua.

Finally, I want to make space for new opportunities as they arise. It’s too easy to get buried in the work directly in front of us. Ka whati te tai, ka pao te tōrea!

What do you consider to be the issues that matter the most in your area of practice?

There have been significant legislative changes in the environmental and resource management law fields, creating a sense of ‘reform fatigue’ for many. Lawyers are spending considerable time reviewing and commenting on reforms, only to see them change again, requiring continuous reassessment.

One current reform is the proposed Resource Management (Consenting and Other System Changes) Amendment Bill, which is currently before the Environment Select Committee and expected to be passed mid-year. One particularly important but perhaps less-publicised change relates to hearings. Under the current system, public participation is a cornerstone, with hearings being a default option. The proposed change flips this, banning hearings except where a hearing panel determines it does not have sufficient information. While there will be differing views on the value of hearings, limiting hearings solely to when there is insufficient information fails to recognise that hearings can also be useful to test evidence, workshop conditions, respond to submitter concerns, and ensure robust decision-making.

What are you most optimistic about professionally in 2025?

One positive outcome of all the recent legislative changes is the increased public engagement in the lawmaking process. Rather than just getting to grips with the law once it has passed, people are becoming more aware of the opportunity they have to influence the law, and the importance of having their voices heard. He mana tō te kupu. A great example is the Treaty Principles Bill, which received the highest number of submissions in New Zealand’s legislative history.

Workshops on how to make submissions are becoming more common, and I think that’s a really positive development. Regardless of where people stand on an issue, knowing how to participate and have their say is valuable. More public engagement means greater scrutiny of legislation, which can lead to better outcomes.

Are there any legislative changes that you see coming to the fore that will have an impact on your area of practice?

In terms of the environmental law field, in addition to the Resource Management (Consenting and Other System Changes) Amendment Bill I mentioned earlier, the Government has also recently signalled an upcoming review of the Conservation Act, the Public Works Act, and various national policy statements that form a key part of the resource management regulatory framework. Further details of these changes are expected to be released later this year.

More broadly, there are also the current Treaty of Waitangi Principles Bill and the Regulatory Standards Bill. While it may be that these Bills do not achieve sufficient parliamentary support to proceed, if they did, their effects could be significant in terms of the approach to Te Tiriti and its principles, as well as how other legislation is focused and the degree of consideration it gives to property rights as opposed to social and environmental matters.

In short, this last year has been one of change and the amount and pace of legislative change shows no signs of slowing down. E noho mata hī taua.

If you had one piece of advice for 2025 to share with other practitioners in your area of practice, what would it be?

Unsurprisingly, my advice is to stay on top of law changes and take the opportunity to have your voice heard.

It’s easy to feel like submissions won’t make a difference, but using your legal skills to highlight issues and suggest potential solutions is always worthwhile. Engaging with the Select Committee process is a way to influence outcomes, even if it doesn’t always feel that way.

A second piece of advice: take care of yourself. With so much change and a heavy workload, it’s important to look after your Whare Tapa Whā – your mental, physical, and spiritual well-being – as well as staying connected to whānau and community. You can’t effectively support clients or colleagues if you’re running on empty. He aroha whakatō, he aroha puta mai.

Mark Sherry

Partner at Harmans Lawyers and Chair of the Law Society's Property Law Section

What is your key focus for 2025 professionally?

Essentially the key focus is looking after clients and managing my team. For me this year will be heavily technology focused as our firm is undertaking quite a big transition of our practice management system. We’re moving to a new system from one we have been using for quite a long time and which is reaching the end of its shelf life. I understand the new one has an AI component to it and it will be interesting to see what that is like.

I know that quite a few of the legal providers are about to release AI products into the market as well. I am looking forward to giving them a go and seeing how useful they might be. One of our biggest concerns using generative AI is that you don’t know where the information’s going and you’ve got no control over what people might upload, whereas some of these other products are quite tailored to the legal profession and should be a lot safer for us to use.

What do you consider to be the issues that matter the most in your area of practice?

Technology is certainly an opportunity, and it’s something that will continue to evolve. But I don’t want to focus solely on technology – there are also significant legislative changes coming.

Another issue I’m seeing, both within our firm and more broadly, is that many senior practitioners are approaching retirement. Over the next few years, a number of experienced lawyers who have shaped the profession for decades will be retiring or scaling back. That creates a challenge for firms in terms of succession – bringing through new lawyers to replace those who have been integral to law firms for so long. With that, we’ll see cultural shifts in workplaces.

At my stage in my career, I find myself in the middle – between the younger lawyers coming through and the older generation preparing to step back. There’s quite a generational divide. You really notice it when sitting in a room listening to different interactions and points of view. It definitely keeps things interesting.

What are you most optimistic about professionally in 2025?

I’m sensing the beginning of a brighter commercial sentiment in the community. Clients who had put projects on hold are now restarting them as interest rates have come down. There’s a renewed interest in development, construction, and the market in general. From where I sit, the economy is starting to improve, and that always leads to more work and opportunities.

I heard on the radio this morning that house prices are still a bit down in Wellington and Auckland, but here in Christchurch, they’ve risen by close to 5 per cent. Our property team is quite busy, and from what I understand, the market is even stronger further south, in Otago and Southland.

Are there any legislative changes that you see coming to the fore that will have an impact on your area of practice?

There constantly seems to be things happening that we need to stay on top of. One area we’re watching with interest is the legislative review around enduring powers of attorney. The current process can be cumbersome, especially when people are appointing family members that the firm acts for too, so we’re hopeful there will be some positive changes there.

There’s also a change coming to the relationship between lawyers and licensed conveyancers regarding how undertakings are given and received. That should help streamline processes in some property transactions.

Another change coming relates to LIM reports, specifically around the disclosure of natural hazard information. If you’re in a low-lying area or near the beach, there could suddenly be a lot more detail on your LIM around matters like flood risk. The key will be ensuring the right level of disclosure for buyers moving forward.

On top of that, the government is reviewing trusts and anti-money laundering measures, including a proposal to create a register of all trust beneficiaries. We see this as a really fraught area, so we’ll be keeping a close eye on it and provide input where we can.

If you had one piece of advice for 2025 to share with other practitioners in your area of practice, what would it be?

It would be to stay on top of technology changes – because if you don’t, you’ll get left behind. I know it can be intimidating. I’m one of those people who, when sitting down with an IT expert, often struggles to understand what they’re saying. But you have to put your pride aside, ask questions – even the ones that might feel dumb – and really get to the bottom of it.

Taking advice, learning, and adapting is key. If you want to keep your firm relevant and at the forefront, you need to embrace change, because technology will evolve rapidly over the next few years.