Law Society advocates for better law
This week, our Law Reform and Advocacy Manager, Aimee Bryant, teamed up with Chris Macklin, Convenor of the Criminal Law Committee, for the second webinar in our biannual Advocacy in Action series.
With a more than 50 per cent increase in submissions this year, it was a great opportunity to hear directly about the progress the Law Society Te Kāhui Ture o Aotearoa has been making, covering everything from legal aid reform to proposals aimed at easing pressure on court systems. If you missed it, you can catch up on the key topics covered here.
Chris kicked things off by providing an update from the previous session on the Victims of Sexual Violence (Strengthening Legal Protections) Legislation Bill, which comes into force on 30 October 2025. The Law Society’s feedback led to some minor amendments, but the changes around permanent name suppression remain significant and will require careful implementation.
Court resourcing
One of the big issues discussed was the large backlog in the civil and criminal courts. The Judicature (Timeliness) Legislation Amendment Bill proposes changes, including the addition of two High Court judges and procedural tweaks to streamline pre-trial and appeal processes. Chris noted that while judges are costly to appoint and train, two more won’t be enough to meaningfully reduce delays. The Law Society continues to advocate for better resourcing across the entire court system.
Emerging offences
The webinar touched on recent announcements of criminal law reform, which propose new offences for shoplifting, coward punches and assaults on first responders and prison officers. There was discussion of how existing offences can often accommodate emerging criminal behaviours through the use of aggravating factors in sentencing.
The same principle applies to hate crimes. The Law Society has contributed to the Law Commission’s Review of Hate Crime, advocating for improvement of the current model, in which hate is an aggravating sentencing factor rather than creating a whole new category of offences.
Legal aid
Legal aid continues to be a big focus. Remuneration for legal aid providers has fallen, and administrative burdens remain high. The Law Society commissioned Deloitte to conduct a cost-benefit analysis, which found – conservatively – that every dollar invested in legal aid returns at least $2.06 in value. The Law Society’s submission to the Ministry of Justice calls for fair remuneration, reduced administration and better support for junior counsel. All of this is aimed at improving retention and coverage in the legal aid system, and ensuring that all reform is evidence based and looks at impacts across the whole system.
AML/CFT and financial services
Changes to the Anti-Money Laundering (AML) and Countering Financing of Terrorism (CFT) include a proposed levy on law firm reporting entities. The Law Society has argued that this levy cannot be fairly or proportionately applied to the legal sector, given the unique operating environment and mix of AML/CFT captured and non-captured activities, and there is a risk that larger firms will bear the brunt of costs.
As for financial services, the Financial Markets Conduct Amendment Bill introduces warrantless search powers for the Financial Markets Authority. While intended to be used sparingly, the Law Society has advocated for these powers to be explicitly limited in the legislation.
Encouraging participation
The session concluded with a discussion around the Law Society’s submission process. The Law Society has a role in ensuring that legislation upholds the rule of law, respects human rights and constitutional principles, and is effective.
The Law Society encourages lawyers to make their own submissions to advocate for better law. The submissions process is relatively easy and open; lawyers shouldn’t underestimate the value they can bring to this.