Key topics include access to justice, independent review and membership services
The New Zealand Law Society has published its Briefing to the Incoming Minister (BIM), outlining key priorities and concerns following the 2023 General Election.
The BIM is a formal document presented to new ministers when they pick up portfolios in the government. It serves as a crucial tool in providing an overview of the portfolio and defining the responsibilities of the Minister of Justice. It is part of a briefing process that includes meetings and other communications over several weeks.
While the Law Society is an independent statutory body under the Lawyers and Conveyancers Act 2006 (LCA), the Minister of Justice has direct responsibility for approving the annual practising fee for lawyers, tabling the Law Society's Annual Report in Parliament, supporting legal professional rules, and submitting regulations to Cabinet. As such, the NZLS has provided a BIM to the Minister of Justice to provide an overview of the Law Society and its upcoming priorities.
One area highlighted is the call for a thorough review of the legal aid system. NZLS advocates for sustained investment in legal aid, including increased remuneration. NZLS has engaged the services of KPMG to assess the cost of legal practice in 2023, with the results expected to guide future advocacy efforts.
Addressing the need for an independent review, the NZLS has accepted most recommendations from the Independent Review Panel, including establishing a new independent regulator and a comprehensive overhaul of the system for handling complaints about lawyers. NZLS has submitted its response to the previous Minister and now awaits indications from the government on whether the proposed reforms will be a legislative priority.
The BIM also highlighted that NZLS is liaising with the Ministry of Justice to progress the proposed amendments to the Lawyers and Conveyancers Act 2006 (LCA) following consultations conducted in 2022.
NZLS also highlighted in the BIM its commitment to eliminating the culture of bullying, harassment, and discrimination in some parts of the legal profession. The 2023 Workplace Environment Survey revealed progress, but ongoing efforts are required. Survey outcomes will contribute to NZLS' regulatory and representative strategies.
NZLS also said it is exploring the introduction of a modest membership subscription for its 16,000 members in 2024. This initiative is part of a representative strategy aimed at delivering sustainable services. However, any decision regarding the membership subscription will be deferred until the Council's annual general meeting in April 2024.
The BIM serves as a roadmap for the Law Society's engagement with the Minister of Justice, outlining a comprehensive agenda focused on access to justice, independent review, legislative amendments, culture and well-being, and membership services.
