Mentions of New Zealand Law Society in New Zealand Parliament debates

KEITH LOCKE ... the Supreme Court changing the law as previously understood or in respect of common law. That is not correct. The New Zealand Law Society’s submission to the committee agreed with the Law Commission’s 2007 paper Search and Surveillance Powers,...

Hon NANAIA MAHUTA ... of these changes not going through. Well, in fact, when we got to the select committee and heard submissions from the New Zealand Law Society, the police, and some legal experts, what they were saying was that provisions within the existing law could deal with ...

CHARLES CHAUVEL ... with other approaches that have been taken in the Minister’s portfolio area. I recall the evidence given by the New Zealand Law Society at the select committee about the best way to deal with criminal procedure reform. The Law Society reminded us that the ...

CAROL BEAUMONT ... number of legal experts were indicating concerns about policy, and about the bill as it stood. That included the New Zealand Law Society, the New Zealand Bar Association, and the Criminal Bar Association of New Zealand. That opposition also followed ...

Dr RAJEN PRASAD ... And, really, they felt that prior to this case there had been no apparent issues with its scope or use. The New Zealand Law Society also had some amendments to make, and it proposed those amendments. So although the new definition is supported, there ...

RAHUI KATENE ... by, and responsive to, the views of the public. In this legislation, for example, the public law committee of the New Zealand Law Society recommended adding a reference in the legislation to international agreements, guidelines, or principles that are ...

Hon STEVEN JOYCE ... Spencer and Ritchie in Ashburton and Chapman Tripp in Wellington for some 12 years. He has been a consultant to the New Zealand Law Society since 2008 and was the chief executive officer and executive director from 1985 to 2008. He is also a member of the New ...

CHARLES CHAUVEL ... Ritchie is somebody who is known to any lawyer who practised during the period that he was executive director of the New Zealand Law Society. I was admitted to the Bar in 1989; he began working at the New Zealand Law Society in 1985. All communications from the ...

Hon DAVID PARKER ... it further or create a process that properly considers it. Mr Ritchie had a similar role to that when he was at the New Zealand Law Society for many years and was secretary of the New Zealand Law Society, I think—

CHARLES CHAUVEL ...nawatū District Law Society, and immediately prior to taking judicial office, he also served a term as president of the New Zealand Law Society. After he was appointed as a full judge of the High Court, he also served a 6-year term as chancellor of the Massey ...

Hon RUTH DYSON ... submission with that sort of notice. Some of the submissions were very serious. In fact, the submission from the New Zealand Law Society—a highly regarded organisation—said that one of the clauses, clause 70, gives very wide powers for Orders in Council to ...

NICKY WAGNER ... from Heather Roy, that the extraordinary events in Canterbury need an extraordinary legislative response. As the New Zealand Law Society stated: “The Canterbury earthquakes and their aftermath justify some sort of emergency legislation to facilitate the ...

LOUISE UPSTON ... principles when emergency laws are being put together, and it was able to tick all of those boxes with this bill. The New Zealand Law Society acknowledged that the extraordinary events in Canterbury need an extraordinary legislative response. Ngāi Tahu’s words ...

CHARLES CHAUVEL ... legislation. The next point I will make relates to clause 29, and also to clause 30, which echo a concern from the New Zealand Law Society. It relates to information privacy principles and the way that information will be shared between agencies. The bill ...

NICKY WAGNER ... 4 September. Much of our city is munted. There is a series of checks and balances in the legislation, and as the New Zealand Law Society says, the bill largely meets the objectives of transparency and accountability. To recap the details: the Canterbury ...

Hon DAVID PARKER ... General, and it changes the definition substantially. In this regard, I refer the House to a letter from the New Zealand Law Society, dated 7 March. This letter was written on behalf of the Law Society by its president, Jonathan Temm, who is becoming ...

Dr KENNEDY GRAHAM ... going to be problematic. I have personally always been somewhat apprehensive over any organisation—whether it is the New Zealand Law Society, today’s FIFA, or last century’s Ku Klux Klan—that decided to administer its own regime of self-behaviour. Although I ...

RAHUI KATENE ... of members and, presumably, of submitters. I want to bring to the House once more the advice of the “hysterical” New Zealand Law Society President, Jonathan Temm, who described this legislation as retrograde legislation that would erode the free and ...

Hon NATHAN GUY ... Instead, where the practitioner is an undischarged bankrupt, a process needs to be instigated by either the New Zealand Law Society or the New Zealand Society of Conveyancers with the New Zealand Lawyers and Conveyancers Disciplinary Tribunal to have ...

RAHUI KATENE ... with a title that indicates the responsibilities. The selection process appears to be reasonable, with the New Zealand Law Society having substantial input in consultation with the Attorney-General. I recommend, however, that Te Hunga Roia Māori o ...

KANWALJIT SINGH BAKSHI ... Act will simplify the selection process and appointment of Queen’s Counsel, while providing for consultation with the New Zealand Law Society and the New Zealand Bar Association on proposed appointments. The amendment preserves the Governor-General’s power under ...

CHARLES CHAUVEL ... is of most concern in the Bazley report is the one that was drawn to the attention of the select committee by the New Zealand Law Society when this bill was before its members—that is, the anecdotal nature of the concerns that Dame Margaret expressed. She ...

Hon ANNE TOLLEY ... and lawyers who act corruptly. A new quality assurance framework has been developed in consultation with the New Zealand Law Society to ensure that all providers have the skills to do the job assigned to them, and that complaints will be addressed. ...

Hon LIANNE DALZIEL ... bodies, and they were INSOL New Zealand and the joint insolvency committee, which involved representatives from the New Zealand Law Society and the New Zealand Institute of Chartered Accountants. That was back in June 2008, and of course we were coming up ...

Hon CHRISTOPHER FINLAYSON ... Act. The committee also made recommendations to ensure that the bill worked in the New Zealand context. The New Zealand Law Society submitted that it was important that the bill allow rules to be made to implement the new regime not only under the ...

Hon DAVID PARKER ... ministries. When I started to think about this issue, after we had heard from the Human Rights Commission and the New Zealand Law Society as to their opposition to it, and tried to think about how injustices could be caused to the accused, it quickly became ...

Hon LIANNE DALZIEL ... of me, and that is why I am struggling to refer to it. Instead of referring to that submission, I will refer to the New Zealand Law Society submission, because it made the same point as the Human Rights Commission. The point is that this bill should have been ...

Hon DAVID PARKER ... in our own defence. It is now a matter of discretion for the judge. That is wrong. What did others say? The New Zealand Law Society and the Human Rights Commission both submitted strongly and both said it was wrong. Given that there is no evidence of ...

TE URUROA FLAVELL ... and security, and that it does so without causing harm to any person. When we were looking over the submissions, the New Zealand Law Society brought to our attention the statement in the explanatory note that the bill will ensure that all audiovisual link ...

JACINDA ARDERN ... quickly with giving his advice on that, for the benefit of all members in the House. I highlight again that the New Zealand Law Society submitted that audiovisual links should not be used for substantive criminal matters, as did the Human Rights Commission,...

Hon TARIANA TURIA ... the abusive nature of a system that is supposedly meant to demonstrate justice? In responding to this bill, the New Zealand Law Society endorsed the views of the Ministry of Justice that the best way of preventing future claims arising from breaches of ...

Hon DAVID PARKER ... were very fulsome. They came from some eminent specialists in this area. Professor Andrew Geddis was one of them. The New Zealand Law Society’s submissions supported that outcome, as well as did various other submitters. They pointed out that if it was an ...

LYNNE PILLAY ... that the Justice and Electoral Committee received when it was considering electoral law. There was also the New Zealand Law Society and other individuals who put a lot of time and effort into commenting and offering constructive advice on the bill. ...

Dr PAUL HUTCHISON ... inserted section 7A was put into place, submitters included the Privacy Commissioner, the family law section of the New Zealand Law Society, the Principal Family Court Judge, the Mental Health Foundation, the Mental Health Commission, the Royal Australian and ...

RAHUI KATENE ... that is cost-effective and sustainable. But we take seriously the challenge of John Marshall, the president of the New Zealand Law Society, that we must work together to ensure that the hard-earned reputations of lawyers for honesty and integrity are not ...

JACINDA ARDERN ... have referred to it. It was set up in 2008 and was chaired by Justice Blanchard. It included representatives from the New Zealand Law Society, the Bar Association, the Ministry of Justice, and the Parliamentary Counsel Office. As Minister Finlayson acknowledged, ...

Dr KENNEDY GRAHAM Last week this country was treated to a rare moment of autochthonous wisdom. Responding to an invitation from the New Zealand Law Society, the Chief Justice allowed herself some personal reflection on the criminal justice system that has developed in New ...

CHARLES CHAUVEL ... As the Attorney-General mentioned, the first Judicial Conduct Commissioner was Ian Haynes, a past president of the New Zealand Law Society and a former president of the Auckland District Law Society. Mr Haynes is a well respected lawyer in New Zealand and ...

TE URUROA FLAVELL ... public submission, from the Joint Insolvency Committee. I am told that this joint committee was established by the New Zealand Law Society and the Institute of Chartered Accountants of New Zealand. Upon doing some research and investigation into this ...

Hon MAURICE WILLIAMSON ... of people who contributed through submissions to the Social Services Committee, to the various organisations like the New Zealand Law Society, the New Zealand Institute of Surveyors, the Property Council, the Property Institute of New Zealand, the Real Estate ...

Hon PHIL HEATLEY ... This has been demonstrated by the continued engagement and professional goodwill of key stakeholders, such as the New Zealand Law Society, the Property Council of New Zealand, and the New Zealand Institute of Surveyors. The views of those who live and work ...

AMY ADAMS ... Even the Electoral Commission has talked about the chilling effect the Act had on political participation. When the New Zealand Law Society told the previous Government of its concerns about the Act and the restrictions it would put on people’s ability to ...

TODD McCLAY ... Well, that has certainly been the case. The Electoral Commission referred to the bill’s “chilling effect”, and the New Zealand Law Society and the Human Rights Commission also condemned the bill. The Listener stated during the course of the ...

JOHN BOSCAWEN ... human rights that New Zealanders cherish”, and said that the bill “was inherently flawed”. They, along with the New Zealand Law Society and others, called on the Government to withdraw the bill and start again. I travelled from Auckland to tell the members ...

Hon SIMON POWER ... in custody for breaching bail conditions unless this meant that the defendant was a real and significant risk. The New Zealand Law Society, the Police Association, the Police Prosecution Service, and even a defence lawyer have all said that the 2007 changes ...

Hon SIMON POWER ... the front-bench members of the Labour Party failed to do was to read the next sentence, which states: “However, the New Zealand Law Society, the Police Association, the Police Prosecution Service, and a number of High Court judges have all said these changes ...

NIKKI KAYE ... law change it has been easier for people to get bail, and we need to acknowledge those organisations’ concerns. The New Zealand Law Society, the Police Association, the Police Prosecution Service, and a number of High Court judges have all said that it has ...

Hon SIMON POWER ... about, the test that is to be applied in this area. The Hon Phil Goff made some comments in respect of the New Zealand Law Society’s criminal law committee spokesperson, Jonathan Krebs, who told the Press on 20 November 2007 that ...

CHARLES CHAUVEL ... was produced. This was released for public consultation. Particular targets of that consultation exercise were the New Zealand Law Society; all of the 14 district law societies that then existed; the New Zealand Bar Association; the New Zealand Institute of ...

TE URUROA FLAVELL ... within the sector. I noted that the draft went through a 3-month consultation process, which especially targeted the New Zealand Law Society, the district law societies, and the New Zealand Bar Association. I am not a lawyer in any way, shape, or form, but I ...

KATE WILKINSON ... by the current legal aid system? What has this Government done to address the concerns of the board of the New Zealand Law Society, which were, first, that it had no confidence in the commitment of the Legal Services Agency to address outstanding ...

JUDITH COLLINS ... paid. I have never, in my 20-odd years as a lawyer and in my time with the Auckland District Law Society and the New Zealand Law Society, once come across a situation where a barrister’s job is to ring up people in Monaco and ask them to pay $100,000 into a ...

Hon DARREN HUGHES ... and is a positive addition to the bill. Clause 10 amends section 107(1) of the Act to make the practice rules of the New Zealand Law Society binding on current and former incorporated law firms. This bill is important legislation that will ensure members of ...

CHRISTOPHER FINLAYSON ...ent—in the Council of Trade Unions and the various unions, in other organisations like Business New Zealand, and in the New Zealand Law Society—for the good work they have done. With those relatively short comments, I indicate that the National Party will support ...

Dr RICHARD WORTH ... longer will a lawyer get a practising certificate from a district law society; it will be secured directly from the New Zealand Law Society, and a central register of lawyers will be maintained by the society. The practising year is to change from 1 February ...

DAIL JONES ... view, and to reach a good conclusion to a problem. We sat down together, and I was pleased with the support from the New Zealand Law Society, which was the only submitter that opposed this legislation. With the information supplied by the society, we came up ...

CHRISTOPHER FINLAYSON ... deliberations on the submissions to the select committee it became apparent, as a result of submissions from the New Zealand Law Society, that there was a technical problem with section 107 as enacted. That section sets out the effective practice rules. For ...

Dr RICHARD WORTH ... was the subject of detailed submissions by a number of parties, including the trade union movement and also the New Zealand Law Society. It is very unsatisfactory when the chairman of a committee misleads members as to the purport of the material that was ...

CHARLES CHAUVEL ... and we heard evidence by invitation from the New Zealand Council of Trade Unions, Business New Zealand, and the New Zealand Law Society. By the agreement of the select committee, submissions were restricted to those three bodies. Very little, if any, ...

DAIL JONES ... thinks fit, adopt the amendment in my name to section 107(1) of the Lawyers and Conveyancers Act 2006 to enable the New Zealand Law Society’s practice rules to bind incorporated law firms and former incorporated law firms as well as lawyers and former lawyers.

CHRIS AUCHINVOLE ... the strength of the convention is then open to question and doubt. This was my impression from listening to the New Zealand Law Society’s submission, which related to the practice of lawyers being employed by non-lawyers to provide legal services to their ...

CHARLES CHAUVEL ... Act as quite acceptable, and was condoned by the regulatory authorities, including the district law societies and the New Zealand Law Society. But, as the Minister said, the Lawyers and Conveyancers Act 2006, scheduled to come into force very shortly on 1 August,...

SIMON POWER ...ildren’s Commissioner, although perhaps less focused on the legalities of the matter, made similar comments, as did the New Zealand Law Society and the Human Rights Commission. When National put together its minority view on this bill—although we supported the ...

Hon DAVID BENSON-POPE ... issues, and issues that are very important for our community. Like the previous speaker, Mr Power, I join the New Zealand Law Society; Unicef New Zealand; the Human Rights Commission; the National Council of Women; Women’s Refuge; the Prisoners Aid and ...

HONE HARAWIRA ... without any thought whatsoever to the consequences of continuing down the pathway of heavy sentencing. Even the New Zealand Law Society was heavily critical of this bill, and we could hardly say that that society is a puppet of the Māori Party. It said: “the...

KATE WILKINSON ... submissions from Judge Becroft, the Principal Youth Court Judge, the Children’s Commissioner, Dr Cindy Kiro, and the New Zealand Law Society, it became apparent throughout the process that despite the best intentions of the member and, indeed, of the select ...

ANNE TOLLEY ... Zealand, Libertarianz, the Employers and Manufacturers Association, the Human Rights Commission, David Farrar, the New Zealand Law Society, Mr Graeme Edgeler, and about 13 other submissions, focused on this clause. Of course, their concern was that the effect ...

CHRIS AUCHINVOLE ... And so we look at this particular definition of “third party”. What do third parties say about it? What does the New Zealand Law Society—a relatively prestigious body, I would have thought—feel about it? It considers that the bill fails in almost every ...

HEATHER ROY ... the radar herself, if that is what she really thinks. But we did have two very good submissions. One was from the New Zealand Law Society and the other was from the Human Rights Commission. The Human Rights Commission was asked to participate in the process ...

GORDON COPELAND ... Business Roundtable, and the Human Rights Commission. The only significant naysayer in relation to the bill was the New Zealand Law Society. However, its submission tended to lack credibility when, for example, it questioned whether a person’s entitlement to a ...

KEITH LOCKE ... amendment bill and the original Act breached the rule of law in many respects and made it unfair for our society. The New Zealand Law Society in its submission said we do not need a body of law and something called a terrorist act to override what is already ...

KEITH LOCKE ... in the Terrorism Suppression Act, and other expert submitters from Greenpeace, Amnesty International, and the New Zealand Law Society. The Law Society said that it was stupid to set up a parallel set of terrorist offences, which would only make it ...

JUDITH COLLINS ... in common rather than as joint tenants. I think that issue will need to be very carefully looked at. I hope that the New Zealand Law Society and its branches are able to give people some good advice on it, and to make sure that their members—the lawyers, legal ...

JUDY TURNER ... nature. How do we determine what those two are defined as? There was also some very interesting work from the New Zealand Law Society. The society talked about the need to perhaps standardise the documentation, and it made a recommendation to keep it ...

KATE WILKINSON ... in relation to the qualification of those members. There is no qualifying criteria for the other four members. As the New Zealand Law Society submitted: “One of the primary purposes of the Bill is to enhance the independence of the Authority. Screening and/or ...

Dr PAUL HUTCHISON ... with all publication matters under the Family Courts Act. That was very much echoed by the family law section of the New Zealand Law Society and by Professor Bill Atkin. It is undoubtedly important that the rights of vulnerable people are protected. I guess ...

KATRINA SHANKS ... to us about it. I want to talk about one submission in particular, which was from the family law section of the New Zealand Law Society. Its representatives put forward some strong submissions in relation to this bill, which we took on board. We listened ...

Hon HARRY DUYNHOVEN ... and other Leaky Homes Action Group members for their strong support for this amendment. Also, thanks are due to the New Zealand Law Society for its active and expert guidance, which has been of great value, and to the Social Services Committee for the ...

SUE BRADFORD ... the same topic, the select committee process was mercifully brief. The main input from an external body was from the New Zealand Law Society, whose opinion had been formally sought because of the legally technical nature of the bill’s content. That august ...

Hon LIANNE DALZIEL ... are in order on his identifying that these were a substantive rewrite. I am advised by officials that the New Zealand Law Society, the Institute of Chartered Accountants of New Zealand, and the Rewrite Advisory Panel were all invited to comment on ...

CRAIG FOSS ... about on the potential for tax cuts. I acknowledge the New Zealand Institute of Chartered Accountants and the New Zealand Law Society for their submissions to the bill. Yes, the legislation is very complex, and previous speakers—and the Minister, indeed—ha...

Hon JUDITH TIZARD ... to be the right thing to do, and not just by the owners of leaky homes. Therefore it is very pleasing that the New Zealand Law Society, drawing on insights from lawyers operating in this field, agreed to this necessary amendment. The bill makes it clear ...

CHRISTOPHER FINLAYSON ... any information that is given to them in conditions of confidence. They can also be subjected to discipline from the New Zealand Law Society. I am just a little concerned about the role of the special advocate, and hope the select committee takes a very good ...

Hon CLAYTON COSGROVE ... and wholeheartedly support the committee’s amendments. The changes, I believe, improve the bill. I also thank the New Zealand Law Society for its accurate and expert guidance, which has been of great value. All members will be aware of the valuable public ...

JUDITH COLLINS ... the Minister’s own department. So on the Social Services Committee we made it very plain that we wanted to get the New Zealand Law Society in to submit on this. I was very pleased that the committee agreed with that. It is a good thing that we insisted on ...

KATE WILKINSON ... practice, but if any apparent inconsistency actually does exist at present, then why not just do as suggested by the New Zealand Law Society in its submission, and resource either the Supreme Court or the Court of Appeal to deliver sentencing guideline ....

KATE WILKINSON ... and lead to harsh effects, especially in relation to the beneficiaries of that estate. I will repeat what the New Zealand Law Society submitted on the bill, which was that the society “acknowledges the need for legislation to regulate the common law ...

KATE WILKINSON ... of “assisted suicide”, “homicide”, “killer”, etc. My concern is probably in response to reading the submission of the New Zealand Law Society, which was concerned that this proposed codification of the law did not take sufficient account of the differing degrees ...

KATE WILKINSON ... to some uncertainty. One of the other issues that I raise in relation to the bill—and it was actually raised by the New Zealand Law Society in one of its submissions—is in relation to flexibility and, in particular, flexibility in relation to culpability. If a ...

CHARLES CHAUVEL ... Baragwanath. Nicola Peart’s involvement with the legislation has continued. She presented the submissions of the New Zealand Law Society to the Justice and Electoral Committee on this bill. There are six provisions of note in the legislation as ....

NANDOR TANCZOS ... the appointment of an arbitrator where parties are unable to agree. The other submission I refer to is that of the New Zealand Law Society. It referred to the position of the Arbitrators and Mediators Institute in proposing the establishment of a private ...

SANDRA GOUDIE ... says “optional” in this bill—we only have to read the wording. That was something that was made quite clear by the New Zealand Law Society. In fact, the Rt Hon Winston Peters actually rubbished the New Zealand Law Society’s submission, which pointed out that ...

Dr PAUL HUTCHISON ... variety of responsible people as to taihoa-ing—taking caution—with the use of microchips. First of all, there is the New Zealand Law Society, the view of which I understand the Rt Hon Winston Peters has in some respects rejected. But then we can go to Marie ...

JUDITH COLLINS ... issue, and he just dismissed them as being wrong, because they did not agree with him. They include people from the New Zealand Law Society, which has a special committee to look at these things. Those people do not sit around all day thinking about their next ...

Rt Hon WINSTON PETERS ... tribalistic mantra, but they are. The third thing I want to say is that if Sandra Goudie wants to quote the New Zealand Law Society, let me say this: we wrote to the New Zealand Law Society that, with regard to some of its submissions, we believed that ...

Dr PAUL HUTCHISON ...(ii) any information about a person who is not a borrower.” In looking through the submissions on this bill from the New Zealand Law Society, I noted that although on the one hand the society commented that this was a very complex bill, and that the complexity ...

Hon PHIL GOFF ... of this bill. The committee received four submissions from interested groups and individuals, including the New Zealand Law Society, the Judge Advocate General, and the Deputy Judge Advocate General. I also received some useful suggestions from the ...

Hon NANAIA MAHUTA ... can prove that through no fault of his or her own, the notice was not received. These amendments were proposed by the New Zealand Law Society and reflect its submission that the exporter should have notice of the ban before an offence is considered to have been ...

CHRIS AUCHINVOLE ... of systems, which the Minister mentioned in his opening speech on the bill. The National Council of Women, the New Zealand Law Society, the New Zealand Marketing Association, the Privacy Commissioner, Microsoft, the New Zealand Press Association, Telecom, ...

CHRISTOPHER FINLAYSON ... There were not a huge number of submissions, but their quality was very good indeed. I particularly refer to the New Zealand Law Society. Sometimes in this place we think lawyers are interested only in money—well, they are, really, I suppose—but the reality ...

CHRISTOPHER FINLAYSON ... and Electoral Committee, because this matter had been the subject of a number of submissions—for example, from the New Zealand Law Society. The ministry noted that the bill is intended to reflect existing law in practice. It clarifies that the duty is limited ...

CHRISTOPHER FINLAYSON ... to acknowledge—and I will say more about this at the third reading—the huge contribution made by the members of the New Zealand Law Society who appeared before the subcommittee, members of the Criminal Bar Association of New Zealand, and officials from the ...

Hon NANAIA MAHUTA ... were supportive of this approach and, indeed, some sought a wider approach. Useful additions were suggested by the New Zealand Law Society to clarify the purpose of defining inappropriate receivers, and the Minister is certainly pleased to see these reflected ...

Dr PAUL HUTCHISON ... be the understatement of 2006. More important is what some of the technicians say about the bill. We heard from the New Zealand Law Society, from Judge Boshier and various other judges, and from the Institute of Chartered Accountants of New Zealand. All of ...

Dr PAUL HUTCHISON ... that the technical practitioners who were involved with this bill had grave reservations about it. That included the New Zealand Law Society, Principal Family Court Judge Boshier, and Judge A P Walsh. I will go over again what Judge Walsh had to say with regard ...

KATE WILKINSON ... that. In civil cases under the bill the majority verdict may be by at least three-quarters. I note that the New Zealand Law Society submitted that juries should not comprise fewer than 10 jurors, but this submission was not carried forward in the bill. ...

KATE WILKINSON ... not broken, then we should not be attempting to fix it. It has been suggested that the current system works well. The New Zealand Law Society says that it works well, and those within the industry say that it works well. So we have to ask ourselves—and I would ...

KATE WILKINSON ... a call on this when I have finished, as to whether we really need such a detailed, codified disclosure regime. The New Zealand Law Society does not believe that there is problem with the current disclosure regime. While largely uncodified, the principles of ...

MARTIN GALLAGHER ... counsel and those many advisers who come and lend us their expertise. I also want to thank particularly the New Zealand Law Society and the many other submitters for their very considered submissions on this bill. Although we might not have done ...

KATE WILKINSON ... reservations in relation to some parts of it. It is interesting, when reading the submissions on the bill, that the New Zealand Law Society itself opposes the major aspects of the bill, stating: “The Bill in its current form significantly undermines certain ...

Hon PAUL SWAIN ... English Patient”, which is a horse all the way from Winton, “Wind Power” from Rangitīkei, “Punch and Judy” from the New Zealand Law Society, and “That’s Rich”—

Hon RICK BARKER ... achieve this standard, the Council of Law Reporting has been consulting the judges in the Supreme Court and also the New Zealand Law Society to review the current practices and suggest possible improvements. A protocol has been agreed to ensure good practice. ...

CHRISTOPHER FINLAYSON ... Court cases, unless the job is not being done in a speedy and effective manner, in which case the council of the New Zealand Law Society can authorise another company or firm to publish law reports. Occasionally, in the history of the Council of Law ...

MARK BLUMSKY ... to deliver the information in a speedier form. I also like especially the provision in this bill whereby the New Zealand Law Society may authorise alternative persons, firms, or companies to publish reports if the council fails to publish its reports ...

KATE WILKINSON ... orally or in writing, but the actual delivery of those judgments can be done by the registrar of the court. The New Zealand Law Society submission on that point—and it is encouraging that at least the submission was listened to—suggested that the Court of ...

KATE WILKINSON ... for the giving of judgments, orally or in writing, but the actual delivery can be done by the registrar. The New Zealand Law Society’s submission on this point suggests that the Court of Appeal may wish to adopt the same procedure as the High Court so ...

JUDITH COLLINS ... to claim for something they should not claim for. So, quite clearly, we have a situation at the moment, which the New Zealand Law Society has made very plain to this Government, where lawyers are saying: “We will not do this work anymore.” Many of them do ...

CHRISTOPHER FINLAYSON ... are paid. But I put it to the Committee that the evidence is overwhelming. Mr Fairbrother read, as indeed I did, the New Zealand Law Society submission on the topic. He read the submission of the community law centres. He read, and I pointed out to him, John ...

KATE WILKINSON ...—an increase from some 765,000. But the bill is not about lawyers; it is about access to justice. In the words of the New Zealand Law Society, the right to legal representation is worthless if effective representation is not available. We are nearly doubling the ...

Hon PHIL GOFF ... to justice and to the maintenance of the rule of law. The impetus for reform of the legal profession came from the New Zealand Law Society itself, which sought a more responsive regulatory structure than the Law Practitioners Act 1982 provided. The reforms ...

Dr RICHARD WORTH ... lot of tension. It created difficulties for the Government and for the Opposition, and it created tensions within the New Zealand Law Society, and probably, I surmise, within the various districts. But here it is, and tonight we will see the legislation ...

CHRISTOPHER FINLAYSON ... of professional misconduct. Part 4 is at the very heart of the legislation and provides for the continuation of the New Zealand Law Society. As various speakers have said, district law societies will cease to exist, at least in their present statutory form. ...

KATE WILKINSON ... we are setting the standard now, and it is vital that that standard dovetails with the high standards set by the New Zealand Law Society in relation to lawyers. As members will be aware, the Law Society has well-established and very well-regarded rules of ...

Hon MARK BURTON ... can continue to undertake intellectual property conveyancing functions. These amendments are supported by the New Zealand Law Society and the New Zealand Institute of Patent Attorneys.

Dr RICHARD WORTH ... organisation, the New Zealand Society of Conveyancers? Not much, I would say. The committee heard evidence from the New Zealand Law Society that there might be five or six such persons who would be qualified to join the society, and the faint possibility that ...

NICKY WAGNER ... done properly. The bill requires that both lawyers and conveyancers have a practising certificate, and as long as the New Zealand Law Society and the New Zealand Society of Conveyancers do the job properly and ensure the required standards are met, I am a happy ...

Hon MARK BURTON Part 4 makes provisions for the New Zealand Law Society. It significantly changes the society’s structure and sets out its regulatory responsibilities. Those regulatory ...

Dr RICHARD WORTH ... and Conveyancers Bill that represents the area of significant change and substantive lawmaking. Part 4 is headed “New Zealand Law Society”, and two subheadings identify the content of the part: first, the heading “Functions”, and, second, the heading “Powers”....

CHRISTOPHER FINLAYSON ... Bill represents a major change from the Law Practitioners Act 1982. Under Part I of the 1982 Act both the New Zealand Law Society and the district law societies had a statutory basis. Under this bill the New Zealand Law Society continues, but it is “ha...

KATE WILKINSON ... of Part 4 of this bill. It is fairly much a basic, common-sense provision of the bill relating to continuing with the New Zealand Law Society basically as we have known it in the past. That does not really change, but, as my learned colleague Mr Finlayson has ...

NICKY WAGNER As we have heard, Part 4 deals with the New Zealand Law Society. I am not a lawyer, but to me as a layperson it is very important that I have confidence in the workings of the New ...

Hon MARK BURTON ... regulatory responsibilities. In that respect, it mirrors Part 4, which we have just debated and which deals with the New Zealand Law Society. The regulatory responsibilities include overseeing enforcement of the legislation, admission and enrolment of ...

Dr RICHARD WORTH ... was originally sent to the select committee. Part 5 is in very similar form to Part 4, which is concerned with the New Zealand Law Society. Part 5 is concerned with the New Zealand Society of Conveyancers. So why is National opposed to Part 5?

Hon MARK BURTON Part 6 provides for the development of practice rules by the respective societies, the New Zealand Law Society and the New Zealand Society of Conveyancers, which we have just dealt with during Parts 4 and 5. Those rules cover ...

CHRISTOPHER FINLAYSON ... the time when continuing legal education needs to be mandatory. I acknowledge immediately the great job done by the New Zealand Law Society’s Continuing Legal Education department over many years, in providing seminars for practitioners. I acknowledge the huge ...

RUSSELL FAIRBROTHER ... of barristers, and those responsibilities can, in fact, be onerous. One needs only to peruse the findings of the New Zealand Law Society or the Law Practitioners Disciplinary Tribunal to understand how the tribunal has dealt with that inherent relationship ...

R DOUG WOOLERTON ... I have been asked—and I cannot see for myself whether he is in the gallery now—to recognise the President of the New Zealand Law Society, Mr Chris Darlow, who is here, or has been here, taking a vital interest in this bill. Apart from clauses 105 and 106 ...

Dr RICHARD WORTH ... National supports this bill although we have some reservations about some of the parts. Sadly, we think that the New Zealand Law Society should have pushed the Government harder than it did and that the Law Society has been too quick to yield. Mr ...

NATHAN GUY ... people. Another significant point around Part 6 relates to indemnity insurance, which needs to be approved by the New Zealand Law Society and the New Zealand Society of Conveyancers. That is extremely important. Another important point to pick up on is the ...

CHESTER BORROWS ... lawyers—far too many lawyers—in this country, and a lot of people suffered as a result of it. Under clause 96(1), the New Zealand Law Society may, from time to time, investigate the accounts of lawyers, firms of lawyers, or incorporated law firms, and it can ...

Hon LIANNE DALZIEL ... did on this part and, indeed, on all parts of the legislation. Professional standards committees will be run by the New Zealand Law Society and the New Zealand Society of Conveyancers. An independent legal complaints review officer will provide oversight of ...

CHRISTOPHER FINLAYSON ... all, but also expeditiously. So I am very pleased to see that with the demise of the old district law societies the New Zealand Law Society will be responsible for establishing, and indeed has an obligation to establish, a complaints service. The functions ...

Dr WAYNE MAPP ... service they have received from lawyers, and the second part deals with the disciplinary procedures conducted by the New Zealand Law Society that could result in the suspension or revocation of the practising certificate of a lawyer. As my learned colleague Dr ...

Hon LIANNE DALZIEL ... a vexed question. However, it is a vexed question that has now been resolved by agreement between the council and the New Zealand Law Society. That agreement is reflected in the Supplementary Order Paper, which states that the levies paid to the council to fund ...

Hon LIANNE DALZIEL This part renames the New Zealand Law Society’s special fund as the Lawyers and Conveyancers Special Fund. The special fund consists of a proportion of the interest ...

Hon LIANNE DALZIEL As I have done with the other parts, I will simply introduce the clauses. Part 10 requires both the New Zealand Law Society and the New Zealand Society of Conveyancers to each maintain a fidelity fund to compensate clients for particular forms ...

BRIAN CONNELL ... actually setting up this new body for failure before it even starts. To my mind, that is not sensible lawmaking. The New Zealand Law Society, when it made its submission to the Justice and Electoral Committee, was at pains to point out that it thought that only ...

CHRISTOPHER FINLAYSON ... society in a former law society district may be able to provide a law library. Then clause 340C(1) provides that the New Zealand Law Society may from time to time, in the period of 5 years beginning with the close of 6 months referred to in clause 340(1), ...