The organisation has accepted in principle most of the recommendations
The New Zealand Law Society has released its response to the recommendations made following an independent review of the statutory framework for legal services in the country.
NZLS commissioned an independent review in 2021 upon determining that the complaints process was no longer fit for purpose and was not serving the public or the profession well. NZLS has responded following the release of the independent review panel's report.
After consultation with its council members and the profession, NZLS has accepted in principle most of the recommendations, including recommendations to establish a new independent regulator and an overhaul of the system for handling complaints about lawyers. NZLS has provided its response to the Minister of Justice so that it can be considered for the government's legislative agenda.
NZLS president Frazer Barton conveyed the society's eagerness for statutory amendments, "In terms of structure, the Law Society is currently a regulator, as well as a membership body. Many believe this dual role doesn't serve the interests of the public or the profession well, with the functions sometimes in conflict. The Independent Review Report stated that there is a strong case for a new independent regulator – and I think there is a compelling logic to that."
Barton emphasised that NZLS remains committed to representing lawyers as a national body. It has created significant systems, processes, and services to support the profession.
"We provide extensive representation and wide geographical support of the profession throughout the motu with 13 branches nationally. We provide several representative services which all lawyers in New Zealand may access, including our wellbeing initiatives such as Practising Well," Barton said.
NZLS's response also addressed recommendations for incorporating a Te Tiriti clause into regulatory functions, aiming to cultivate a more inclusive legal landscape that respects the nation's indigenous heritage. Barton said the proposed recommendation applies solely to the new regulator, not lawyers or their duties. The new regulator would be established as an independent statutory body. It would not be a Crown entity nor subject to directive powers or statements of policy from the government.
The Law Society is now looking to the government to indicate whether reform will be a legislative priority so that it can undertake further work to facilitate the required changes.
"Our vision is that all people in Aotearoa benefit from a strong, progressive and trusted legal profession. To achieve this, we need to be a best practice modern regulator and a strong voice for the profession through our representative function," Barton said.
While the review has been ongoing, NZLS has made significant progress in line with the review panel's conclusion. Barton said a new regulatory strategy is in place. It has been a considerable step forward on society’s transformation journey to modernising its regulatory framework and ensuring its services are responsive.
Barton said that the independent review report and NZLS's response will help to position the legal profession for the future. Still, he also emphasised that there is a need for further discussions and engagement with the profession to find the best way forward.
