As I enter my third and final one-year term as Law Society President, change and how our profession deals with it is very much on my mind. The world is shifting at a rate that we once would have considered impossible. Legal practice has shifted dramatically, going from fax machine to AI in just a few decades. The legal profession also faces ongoing and demanding legislative changes both here and internationally. Democratic norms are under threat globally, often at the hand of elected leaders. We need only look at what’s happening in the United States to be reminded daily of the importance of the rule of law and administration of justice.
The Law Society is strongly committed to advocating for lawyers and the legal profession in this context. At a recent Council meeting, I shared my concerns about what’s happening on the world stage at present and how it reinforces for me, the importance of the rule of law in New Zealand. It is a key priority underlying much of the work the Law Society does.
The Law Society has taken a proactive approach by preparing a report on strengthening the rule of law in Aotearoa New Zealand, which will be released on 25 June. Partnering with LexisNexis and Victoria University of Wellington, this report marks a significant milestone in the Law Society’s ongoing commitment to safeguarding and promoting the rule of law.
I enjoyed catching up with many Auckland-based lawyers at our Inaugural Annual Breakfast with the Chief Justice, the Right Honourable Dame Helen Winkelmann. It was a pleasure to introduce Justice Winkelmann who delivered an engaging address about the critical role courts play in a stable and peaceful society, and the common responsibilities the judiciary and the profession share in upholding the rule of law. Her insights and address are covered in this edition of LawTalk.
Law reform and advocacy have always been a vital part of the Law Society’s role, and our work in these areas has been some of the most rewarding to me as President. It is becoming increasingly clear that the work of these expert volunteers is now more important than ever.
In the past 12 months we have made 82 submissions on discussion documents and 43 submissions on bills. These submissions have covered a wide range of topics, from the Term of Parliament Bill to the taxation of not-for-profits, and other regulatory and justice reforms. Some of this work has been prepared at pace, responding to reforms progressed under urgency. Over many years now, the Law Society has been clear that urgency should be used judiciously, and that policy development and public consultation processes are essential to good law.
Regarding our submissions to select committees, it’s been delightful to hear from cabinet ministers, both current and former, that submissions from the Law Society are highly valued and well respected. It’s clear our contribution adds enormously to the quality of laws being passed in this country. This is something of which we can collectively be proud.
From the outside it might be unclear how our advocacy and law reform work impact your daily life. Perhaps it doesn’t in an immediate and tangible way, but it is work for the greater good of not just our profession, but all of Aotearoa New Zealand.
As evidenced by what’s happening globally, we know you can’t have a working democracy without the rule of law and a key part of that is access to justice. You can’t have access to justice without functioning legal aid – and I look forward to the Law Society contributing to the current legal aid review, and its eventual outcome. Internationally, New Zealand remains respected for upholding the rule of law, but there is an onus on all of us to ensure that the legal profession works together to maintain a strong, trusted democracy.
Last year at the International Bar Association (IBA) conference in Bucharest, I met Baroness Helena Kennedy who referred to all lawyers as defenders of human rights no matter which area of law they practise in. Numerous speakers at the conference spoke of attacks on judicial independence and lawyers. Around the world law firms are being penalised by governments for representing ‘unpopular’ clients. This is a reminder of why legal independence matters.
Recently, at the IBA Bar Leaders conference in Milan, there were similar conversations. These are important discussions to be part of. We need to understand what is happening in other countries and remain vigilant in our own.
Speaking at the In-house Lawyers Association of New Zealand (ILANZ) Conference last month, I offered the observation that it is possible we take the rule of law for granted in New Zealand, and that we do so at our peril.
I also spoke about another topic the Law Society is passionate about – wellbeing in the legal sector. The Law Society is very much aware of the pressure the legal profession finds itself under in 2025. The increasing workloads, fiscal environment, and significant legislative changes, all of which sit uncomfortably against a backdrop of disruption and uncertainty.
Concerns about lawyer wellbeing are a global issue. All the research undertaken here and overseas highlights worrying concerns about stress and the wellbeing of lawyers by comparison to the population and other professions. For these reasons the Law Society and ILANZ have made lawyer wellbeing a priority and are working hard to provide wellbeing services to the profession and members, including a contract with Vitae to run the free Legal Community Counselling Service. In the past two years more than 500 lawyers have taken advantage of this service.
This month also sees the launch of our Wellbeing in Action Webinar series, among many other events. Collegiality and connection are an important part of our work, and I am delighted when my board papers report strong turnout for our events across the motu.
The ILANZ conference was an excellent example. The event was enormously successful and enjoyed a great turn out and a range of stimulating speakers. It was pleasing to see people taking time to connect, reflect and spend time with each other. I know the enormous value of connecting with a fellow lawyer who understands the pressures that I face.
In this edition of LawTalk, we provide an update on Te Au Reka, the new digital case management system. And for those involved in commercial litigation in Tamaki-Makaurau Auckland, the article on the Auckland commercial list is a must-read.
We showcase the New Lawyers Conference, which is on 22 August in Ōtautahi Christchurch. Designed by new lawyers for new lawyers, the conference will focus on the future of practising law. I encourage all early career lawyers to attend – whether straight from university or with a few years under their belt.
On page 16 there is information about the upcoming conference series: Bill of Rights Act: Legacy and Lessons – Where to now? A collaboration with University of Canterbury, the seminar series and conference will reflect on 35 years of the Bill of Rights Act, and generate discussion among the legal profession about the future value and importance of the Bill of Rights Act as part of a strong, functioning democracy.
Many of you will be aware that my professional life has undergone a notable change recently. After 37 years at Anderson Lloyd, I have retired from that practice to become a barrister, working from home in Ōtepoti Dunedin. This is a long-planned move, but I genuinely miss the wonderful team of lawyers I had around me, not to mention the privilege of having someone else organise my technological needs! I am becoming more familiar with the challenges faced by my sole practitioner peers, and registering for GST is several hours of my life that I won’t get back. However, one of the many positives of my new life is that my day now starts with my youngest granddaughter Te Ao Marama joining me for breakfast.
I hope you enjoy this edition and for the next quarter will commit a little time to creating life balance, engaging with others and not taking ourselves too seriously.
Amendments to the Law Society’s Constitution
Following consultation with the profession with a view to modernising the Law Society’s governance structure, the Law Society Council recently passed amendments to its Constitution. These amendments will come into force on 1 July and include amendments to the Board size and composition (including the introduction of Independent Board members), the tenure of Board members, how the President/Chair is appointed, and the ability to remove Board members.
At its meeting on 11 April, the Law Society Council re-elected President Frazer Barton for a third one-year term. Mark Sherry was voted in as the new South Island Vice-President, after Taryn Gudmanz stepped down. “Taryn, you have been a steady voice around the Board table, and we thank you for your valuable service”, Frazer said. Mark was previously Chair of the Property Law Section and is the Managing Partner at Harmans Lawyers in Christchurch.
Christchurch lawyer Anna Fox was appointed as an Independent Board Observer. A Partner at Saunders Robinson Brown, Anna has deep experience in corporate, commercial and property law. She is a Director of the Nelson Building Society and chairs their audit and risk committee.
Anna and Mark join existing Board members Ataga’i Esera, David Campbell, Jesse Savage, and Board Observers Baden Vertongen and Michael Mills.
