New Zealand Law Society - Law reform and advocacy update

Law reform and advocacy update

Law reform and advocacy update

Read about the Law Society’s 30 submissions and advocacy and engagement work from March to June 2026. 

From March to June, the Law Society has made 12 submissions on bills before Select Committee, and 18 submissions on a range of discussion documents released by government agencies. Some of these submissions are highlighted below and can be found in full on the Law Society’s website, alongside all other public submissions. 

The Law Society submitted on a second consultation from the Ministry of Justice, regarding design of the industry levy for reporting entities under the Anti-Money Laundering and Countering Financing of Terrorism Act 2009. This consultation set out the Ministry’s preferred options for design of the levy, including which reporting entities would pay the levy, and how the levy amount would be calculated. The Law Society’s submission reiterated earlier concerns that insufficient work had been done to justify and design the levy in respect of law firm reporting entities, that the levy cannot be equitably applied within the legal sector or vis-à-vis other sectors, and that its imposition on the legal profession has not been justified in accordance with accepted principles of cost recovery. The submission also identified methodological issues within the design of the proposed options, and shared feedback received from the profession. 

The Anti-Money Laundering and Countering Financing of Terrorism (Supervisor, Levy, and Other Matters) Amendment Act 2026 was passed by Parliament this quarter, and comes into force on 1 July. It contains the substantive provision enabling the making of regulations to set and implement the industry levy. We’ll continue to update the profession on the proposed levy. 

With the input of the Employment Law Committee, the Law Society submitted on the Employment Leave Bill, which will replace the Holidays Act 2003 and establish a new legislative framework for employment leave. Feedback on this Bill focused on uncertainty arising from the drafting of provisions which will shift the leave framework to an hours-based leave accrual system, as well as concerns relating to the process for remediating underpayments and payment failures which occurred under the Holidays Act. 

Law reform submissions often involve the input of multiple law reform committees, as was the case with the Policing Amendment Bill, which involved both the Criminal Law Committee and Human Rights and Privacy Committee. The Bill proposes to authorise Police to record images and sounds in public places, and to collect personal information, in broader circumstances than at present. It also proposes to expand the temporary road closure powers of Police beyond roads, and for broader reasons, with corresponding enforcement mechanisms. The Law Society’s submission set out deficiencies in the policy development of the Bill, inconsistency with modern expectations of privacy, risk of the powers being improperly used, as well as drafting and workability issues. 

Similarly, the Criminal Law, Environmental Law, and Public Law Committees jointly assisted with a submission raising concerns about several aspects of the Fisheries Amendment Bill, notably the proposals to exclude fishing boat camera footage from the Official Information Act 1982, and to introduce a time limit of 20 working days to apply for judicial review of decisions made under the Act. 

Further criminal law reform is proposed by the Trespass (Specified Retail Premises and Other Matters) Amendment Bill, which will introduce a raft of changes to the Trespass Act 1980, including: increasing the maximum length of a trespass order; a bespoke power to trespass a person from multiple locations at once; widening the circumstances in which a person is considered to ‘know’ they have been trespassed; and increasing the penalty for breach of a trespass order. The Law Society’s submission again raised issues around the process by which the Bill was developed, as well as significant workability issues and Bill of Rights Act implications that required consideration. 

The Law Society also made a submission on the Immigration (Enhanced Risk Management) Amendment Bill, prepared with the input of the Immigration and Refugee Law Committee and Human Rights and Privacy Committee, as well as a Parliamentary Paper, which proposed further amendments to the Bill. The submissions raised significant concerns regarding the majority of reform proposals, including proposals to prevent certain temporary visa holders from appealing to the Immigration & Protection Tribunal (IPT) on humanitarian grounds, broaden immigration officers’ powers to request information and seize documents, and remove the IPT’s ability to accept out of time appeals, even where special circumstances exist. 

Several member’s bills have also progressed, including: 

The Copyright (Parody and Satire) Amendment Bill, which proposes an authority to use a copyright work for the purpose of parody or satire The Intellectual Property Law Committee worked on the submission on this Bill, noting that it raises complex legal issues and should instead be progressed within the more detailed copyright review underway. 

The Modern Slavery Bill. Interestingly, this is a Member’s Bill in the joint names of Camilla Belich from the Labour Party, and Greg Fleming from the National Party. The Law Society’s submission, prepared with the Human Rights and Privacy, Criminal Law, and Public Law Committees, was broadly supportive of the Bill and made drafting and workability recommendations. 

Other law reform and advocacy work this quarter 

The Law Society has welcomed the announcement that Budget 2026 will provide $100 million of funding for two new courthouses in Rotorua: one for the Rotorua Law Courts and one for the Rotorua Māori Land Court. In December last year, the Law Society and its Waikato Bay of Plenty Branch joined local organisations in urging Associate Minister Nicole McKee to prioritise funding for a new Rotorua Courthouse. 

Regular engagements continue across relevant government agencies and other stakeholders. In particular, the Ministry of Justice on court buildings, facilities and security issues, as well as on the design and implementation of Te Au Reka (the new digital case management system for the courts and tribunals) in the Family Court. 

Mapping current issues with accessing clients in custody 

The Law Society is aware that criminal lawyers have ongoing concerns about accessing their clients in custody, with issues ranging from booking in-person appointments and phone calls, to setting up remote video conferencing and providing disclosure. We have commenced work to paint a nationwide picture of these issues, as better data has been encouraged by stakeholders and will assist with identifying where sustained attention is required. 

We want to hear directly from lawyers about the current issues at each Corrections facility they attend. This feedback can be sent to prisonaccess@lawsociety.org.nz. You can email regularly, as issues arise. General feedback is welcome, and specific examples will be particularly useful (include, for example, the corrections facility, approximate date, and details of issue). 

Following the collection of this feedback, we will look to hold a series of meetings with the profession, including the other legal professional organisations, to share this information and discuss possible solutions. We’ll continue to provide updates as this work progresses.