New Zealand Law Society - Law reform and advocacy update

Law reform and advocacy update

Law reform and advocacy update

The Law Society has now made over 130 submissions on bills during the 54th Parliament. This includes 16 submissions made on bills from June to September 2026. Eighteen submissions were also made on discussion documents and other consultations.

Recent notable submissions

The Disability Support Services Bill. We identified impacts on the rule of law and the separation of powers between Parliament and the judiciary, as well as limits on the right to justice and freedom from discrimination. Our submission also queried how the Bill would operate alongside other employment and health and safety legislation and recommended the Bill should not proceed until further policy work was completed.

The Conservation Amendment Bill. Our submission identified various concerns arising from the Bill, including in relation to the policy development process and lack of early public engagement, changes which would weaken checks and balances on Executive power, and the need to provide suitable processes for introducing the National Conservation Policy Statement.

The Climate Change Response (Tort Liability) Amendment Bill. We raised significant concerns about the rushed process under which the Bill has progressed, the principle that Parliament should not generally interfere with particular cases before the courts, and the implications for development of the common law of pre-empting the Smith v Fonterra proceedings.

The Legislation (Definitions of Woman and Man) Amendment Bill. We identified serious concerns regarding the Bill’s potential to create uncertainty and perverse outcomes across statute law and recommended it should not proceed.

The Fair Trading Amendment Bill. We identified several drafting and practical workability concerns which would need to be addressed if the Bill is to proceed.

The Overseas Adoptions Legislation Bill. This submission, prepared with the Family Law Section, noted that restricted access to adoption orders from the Family Court could give some adopted children lesser rights than those they would enjoy if not for the circumstances of their birth and adoption.

The Deepfake Digital Harm and Exploitation Bill. While we supported the underlying objective of the Bill, our submission identified various issues with the drafting, the possible effect of the proposed changes regarding satire and political speech, and issues of consent and penalties.

The Drug Overdose (Assistance Protection) Legislation Bill. While supporting the underlying aim of the Bill, we raised numerous concerns arising from the drafting of the Bill which would mean that, as drafted, the Bill would not achieve its stated aim.

Proposed Protocol for Remote Participation by Criminal Defence Lawyers in the District Court, which would clarify when criminal defence lawyers can appear remotely in District Court hearings. We supported the creation of this protocol and identified a few additional matters that could be clarified.

An exposure draft of the Insurance (Prudential Supervision) Amendment Bill. We identified several matters in an exposure draft of this Bill which should be addressed. These included removing potential inconsistencies with the New Zealand Bill of Rights Act 1990, ensuring the penalties for strict liability offences are proportionate and providing safeguards within the Bill to ensure transparency and accountability within the proposed distress management framework.

The Concealment of Location of Victim Remains Bill. Our submission identified serious flaws in this Bill, including inconsistencies with rights affirmed in the Bill of Rights Act and with the parole regime, and recommended the Bill should not proceed.

Other advocacy work and stakeholder engagement

Work continues with several projects to improve access to justice.

  • We are engaging with the profession to map current issues with accessing clients in Corrections custody. We recently extended the deadline for the profession to provide feedback on issues with accessing clients. We are now working towards organising meetings with the profession and other legal professional organisations to share the feedback we have received, and to discuss possible solutions.
  • Our Youth Justice Committee has been working with the Principal Youth Court Judge and members of the profession to produce the Youth Advocate Best Practice Guidelines, which aim to promote best practice among lawyers appointed as Youth Advocates, encourage a consistently high standard of practice, and demonstrate the importance and scope of the role of a Youth Advocate.
  • The Law Society including the Family Law Section continue to engage with the Ministry of Justice about the implementation of Te Au Reka (the new digital case management system) in the Family Court from March 2027 (see Page 40 for information about the roll-out). We are also liaising with the Ministry to ensure the lawyers’ rooms in the new Papakura and Whanganui Courthouses will be fit for use when the courts open to the public in 2027.
  • Regular engagements continue with various Ministers, Government departments, and the Courts.