Rule of Law Committee
The Rule of Law Committee monitors and responds to rule of law issues and assists the legal profession in meeting its fundamental obligation to uphold the rule of law (as set out in s4(a) of the Lawyers and Conveyancers Act 2006). The Committee is actively involved in monitoring the rule of law in New Zealand and overseas, and its work demonstrates the Law Society’s strong commitment to the rule of law.
The Rule of Law Committee (ROLC) was established in 2007, following the enactment of the Lawyers and Conveyancers Act 2006 which recognised the upholding of the rule of law as a fundamental obligation for lawyers. (The committee’s full terms of reference are set out below.)
The ROLC has a primary focus on domestic rule of law concerns but keeps a watching brief on international issues. The committee is aware that in all jurisdictions the maintenance of the rule of law requires awareness and vigilance, and the ROLC continues to play its part in that.
Austin Forbes QC is the convenor of the ROLC. A former New Zealand Law Society President, Austin is a Christchurch-based barrister who specialises in commercial and civil litigation. In 1997, he was made a Companion of the Order of New Zealand for services to the legal profession. From 1991 to 1997, Austin was a member of the Law Society Board, serving as vice-president from 1991 to 1993 and President from 1994 to 1997. From 1997 to 2000, he was a member of the executive committee and council of LAWASIA.
The members of the ROLC have a wealth of experience in constitutional and public law:
- Gregor Allan
- Jane Anderson QC
- Isaac Hikaka
- Professor Philip Joseph
- Sir Geoffrey Palmer QC
- James Wilding QC
In the past 18 months, the ROLC and the Law Society have continued to monitor, highlight and debate rule of law issues.
The ROLC has also contributed to NZLS submissions on rule of law issues, in relation to:
- the Christ Church Cathedral Reinstatement Bill (fast-tracked legislation);
- the 18-month statutory review of operation of the Returning Offenders (Management and Information) Act 2015 (legislation passed under urgency);
- the Brokering Weapons Bill (regulation of international arms brokering);
- the Legislation Bill (re the quality and accessibility of the statute book);
- the Electoral (Integrity) Amendment Bill (constitutional and freedom of expression issues); and
- the Crown Minerals (Petroleum) Amendment Bill (retrospectivity in relation to applications for petroleum exploration permits).
The ROLC has also provided assistance to the NZLS Tax Law Committee in its response to proposed ‘Henry VIII’ legislative over-ride powers in relation to Inland Revenue statutes.
The Rule of Law Committee’s terms of reference:
In 2007 the NZLS Board established the Rule of Law Committee, to assist the profession to meet its fundamental obligation to uphold the rule of law and to facilitate the administration of justice in New Zealand (s4(a) of the Lawyers and Conveyancers Act 2006). The Board noted that the committee would need to act in a careful, principled, apolitical way. Its members would need to understand constitutional public law issues, the Law Society’s working relationships with the government, and the need to provide the profession with information to assist it to meet its fundamental obligation in relation to the rule of law and administration of justice.
The terms of reference for the Rule of Law Committee are to:
- advise and assist the legal profession in meeting the fundamental obligation of lawyers expressed in s 4(a) of the Lawyers and Conveyancers Act 2006;
- promote the continued separation of the legislative, executive and judicial functions of government and, in particular, to promote and protect judicial independence;
- monitor and respond to rule of law issues arising from proposals, decisions or actions of the New Zealand government or government agencies;
- monitor the mechanisms of government, including constitutional conventions;
- maintain a neutral political position;
- respond, as appropriate, to requests for advice and assistance from international legal associations on rule of law issues; and
- assist the Law Commission in its goal to achieve laws that are just, principled and accessible.
Last updated on the 30th July 2019