As we edge closer to the 2026 General Election, Parliament continues to buzz with legislative activity and shows no sign yet of slowing down. Further reforms are still anticipated, including the signalled ‘move on’ orders and the shift to proportionate liability in the building and construction sector.

Over the past five months, the Law Society has made 23 submissions on bills, and 34 submissions on a range of discussion documents released by government agencies. Submissions during this time included:

• A 163-page submission on the Natural Environment Bill and Planning Bill, which will replace the Resource Management Act 1991. In what was the Law Society’s largest ever submission, recommendations ranged from more minor drafting improvements through to the need for better integration between the Bills, and the desirability of retaining a provision like the well-understood ‘Treaty Clause’ found in section 8 of the RMA, which provides for ongoing and substantive consideration of the Treaty by decision makers. Similar provision is not carried into the new bills, contrary to recommendations of Government’s Expert Advisory Group on resource management reform. The Law Society’s submission emphasised that section 8 is well understood and the subject of substantial case law, and its absence will likely result in legal uncertainty and litigation.
• The Crimes Amendment Bill, addressing a wide range of reforms to: citizen’s arrest powers and defence of property, theft offences, a new shoplifting infringement regime, ‘coward punch’ offences, and offences relating to the assault of first responders and corrections officers. The Law Society raised serious concerns about the Bill and what appeared to be a deficient policy process, but emphasised its support for provisions relating to human trafficking, which had previously been the subject of consultation.
• The Commerce (Promoting Competition and Other Matters) Amendment Bill, which proposes changes to the merger control regime, introduces a new test for predatory pricing, and provides new powers and tools for the investigation and enforcement of anti-competitive conduct. The submission also addressed, in detail, the Bill’s proposal to extend existing confidentiality provisions and introduce a new one, with the effect of significantly restricting the operation of the Official Information Act 1982.
• A submission on the Fast Track Approvals Amendment Bill, resulting in several welcome improvements to the Bill (now enacted), including revision of provisions that proposed to increase Executive direction and guidance to the Environmental Protection Agency and to fast-track decision-making panels.
• A submission to the Justice Committee to assist in its consideration of the declarations of inconsistency confirmed by the Supreme Court (Attorney General v Chisnall [2024] NZSC 178) in respect of Public Protection Orders under the Public Safety (Public Protection Orders) Act 2014 and Extended Supervision Orders under the Parole Act 2002.
• On the Social Security (Accident Compensation and Calculation of Weekly Income) Amendment Bill, which overturned the High Court’s decision in Chief Executive of the Ministry of Social Development v B [2025] NZHC 3042. The Bill initially proposed to preserve the position of those with related proceedings before the courts and the Social Security Appeals Authority, but not those awaiting outcomes from the Benefits Review Committee (BRC). Before appealing to the Authority (and then the courts), an outcome from the BRC is required. For those with pending reviews, this distinction could create substantive unfairness because there were delays in the BRC process, and if there was no delay they might already have appealed. The Law Society submitted that there appeared to be no principled basis for distinguishing between someone before the Authority or the courts (who under the Bill could rely on the old law) and someone who was seeking review by a BRC (who would now have their rights assessed under the ‘new’ law). It recommended at a minimum that the latter be included in the Bill’s savings provisions. We were pleased to see this amendment made before the Bill was enacted.
• The 2026 Review of Standing Orders. The Law Society’s submission focused on ways to improve Parliament’s scrutiny of primary legislation; improvements to the process for examination of bilateral international treaties; and potential amendments to the Standing Orders relating to revision bills. Drawing on the Strengthening the rule of law in Aotearoa New Zealand report, the Law Society observed the increasing use of urgency and truncated select committee process, as well as deficiencies in the processes for ensuring bills passed by Parliament are consistent with the New Zealand Bill of Rights Act 1990, and the absence of mechanisms to enable or require post-legislative scrutiny.
• The Arms Bill, which will repeal and replace the Arms Act 1983 in its entirety. A key recommendation in the Law Society’s submission was that the Select Committee consider the appropriateness of continuing to rely on reverse onus offences (carried across from the Arms Act) in circumstances where the penalties for those offences were increasing – some substantially – and included imprisonment.
  All public submissions are available on the Law Society’s website, and new public consultations are advertised weekly in LawPoints.

Recent advocacy and engagement

Interventions

The Law Society was granted leave to intervene in two cases, which were heard by the Supreme Court in mid-March:

• Rimmer v Wilton: this appeal concerns the application of the Property (Relationships) Act 1976 (PRA) on death, and in particular, the interplay between contracting out agreements (i.e. ‘pre-nups’ or ‘section 21 agreements’) and the death provisions in the Act. In granting leave to appeal, the Supreme Court asked that the following be addressed: whether, if Option B under s 61 of the PRA is elected, the surviving partner may receive their entitlements under a will or on an intestacy while also relying on a s 21 agreement. This intervention involves the Law Society’s Property Law Section and Family Law Section, and has the potential to have far reaching implications for property transactions, structuring, estate planning, and estate administration.
• R v Parore: this appeal concerns the availability of public law damages (including for pecuniary loss) for breach of the appellant’s right to silence and to a fair trial, protected by the New Zealand Bill of Rights Act 1990. The Law Society’s submissions as intervenor submit that rule of law considerations support the in-principle availability of compensatory damages (including pecuniary losses) for breach of fair trial rights.

Best Practice Guidance for Youth Advocates

The Law Society, with its Youth Justice Committee and a working group comprised of experienced youth advocates, continues to progress work to develop Best Practice Guidelines for those appointed as Youth Advocates. This work, which arose out of engagement with the Principal Youth Court Judge, will produce Guidelines that are intended to: promote best practice amongst youth advocates; encourage a consistently high standard of practice; and demonstrate the scope and importance of the youth advocate role.

Engagement with the judiciary and other stakeholders

The Law Society and its law reform committees continue to engage regularly with the judiciary, officials, and other stakeholders. Notable recent engagements include:

• Participating in a Remote Participation Working Group and associated workshops, led by the judiciary and Ministry of Justice.
• Discussing and resolving courthouse issues with the Ministry of Justice and legal aid issues with the Legal Services Commissioner, as raised with us by members of the profession and officials.
• Assisting the judiciary to hold forums with members of the criminal defence bar, and (separately) junior members of the defence bar. Initially in Auckland, such engagements will take place in other locations around the country.
• Regular meetings with relevant Ministers, including the Minister of Justice and Attorney-General.
  Regular engagements with the Employment Relations Authority and Employment Court.

Te Au Reka, the new digital case management system for the courts and tribunals

With the assistance of the Family Law Section, the Law Society continues to engage with the Ministry of Justice on implementing Te Au Reka in the Family Court. To date, this has included feedback on communication and engagement with the profession, learning and training materials, as well as the design and functionality of the new digital portal.