It calls for sustained action from government, legal professionals, and the public to implement the recommendations and address the issues.  

The report, Strengthening the rule of law in Aotearoa New Zealand, is “the culmination of extensive consultation with lawyers, academics, and stakeholders across the country, and outlines 78 recommendations to address systemic challenges,” says Law Society President Frazer Barton. 

The report identifies barriers in access to justice as one of the most pressing threats, along with poor legislative and policy making processes, maintaining independence of the judicial system and the unintended consequences of automated decision-making systems.  

“Predominantly, what we heard focused on unequal access to justice and concern at an increased failure to follow good lawmaking processes,” says Mr Barton. 

"Issues with access to fair justice processes were particularly prevalent in the conversations. The barriers vary, including unaffordability of legal services, underfunded legal aid and duty lawyer schemes, and delays in courts and tribunals. Yet as our recommendations show, mechanisms to address these are well within reach.”  

The report notes the growing risk in the use of automated decision-making (ADM) systems in government as an emerging concern, particularly where these systems lack transparency or human oversight.  

“While ADM can improve efficiency, without safeguards, it could be undermining fairness, accountability, and the ability to challenge decisions— which are core tenets of the rule of law,” says Mr Barton. 

Another major concern is the increase in rushed legislative processes, including the use of urgency and Amendment Papers to limit public consultation and select committee scrutiny. 

“These practices can undermine transparency, reduce the quality of legislation, and weaken democratic accountability,” says Mr Barton. 

“The Law Society warns that without deliberate action and adequate investment public confidence in the justice system, and the principle that all are equal before the law, will continue to erode.”   

To address the range of challenges identified, the report includes specific actions for government, the Law Society, and lawyers, including increased funding for legal services, reforms to legislative processes, improved public legal education, and stronger safeguards around the use of ADM.  

“While New Zealand remains a strong democracy,” says Mr Barton, “we are not immune to the pressures and challenges that have weakened civic and democratic institutions elsewhere. 

“The Law Society calls for bipartisan support to uphold principles of good lawmaking and post-legislative scrutiny. This is an issue for all governments.” 

The full report is available here.