An independent panel is consulting on how lawyers and legal services should be regulated in Aotearoa New Zealand.

The Panel was asked by the New Zealand Law Society | Te Kāhui Ture o Aotearoa to review the framework for the regulation and representation of lawyers, including the structure and functions of the Law Society. The review was prompted, in part, by the disclosures in 2018 of reports of sexual harassment of young lawyers and summer clerks.

“The Panel has been given a wide-ranging brief to examine whether the current model for regulating lawyers is fit for purpose,” Panel Chair Ron Paterson says.

The Panel is consulting on a number of options that could fundamentally reshape the Law Society and the provision of legal services in New Zealand. One option being explored is whether a new independent regulator should be established.

“The legal profession is currently regulated by the Law Society. However, the Law Society is also a membership body for lawyers, with a duty to promote the interests of its members,” says Ron Paterson.

“This conflict of interest is unusual for other regulated professions in New Zealand. A number of overseas jurisdictions have recognised this conflict and created an independent entity to regulate legal services.”

The Panel has also heard concerns that the current model for handling complaints about lawyers is not working effectively for consumers or lawyers.

“The current complaints system is slow, adversarial and lacks transparency — and there are perceptions that it’s not sufficiently independent,” says Ron Paterson.

The Panel is also seeking views on how best to promote a positive and diverse culture — which is more inclusive of tikanga and te reo Māori — and address inappropriate conduct within the profession. The Panel is consulting on whether the definitions of ‘unsatisfactory behaviour’ remain appropriate as well as whether new legislation is needed to better hold law firms (rather than just individual lawyers) accountable.

Other areas where the Panel is seeking feedback include whether consumers would benefit if regulatory protections were extended beyond lawyers to include other providers of legal services, how Te Tiriti o Waitangi should be incorporated into the Lawyers and Conveyancers Act 2006, how the profession can improve diversity, and whether changes are needed to encourage greater voluntary or ‘pro bono’ services.

The Panel’s discussion document can be found at www.legalframeworkreview.org.nz/consultation

The Panel’s terms of reference: https://legalframeworkreview.org.nz/terms-of-reference/

The Panel comprises Ron Paterson, Jacinta Ruru and Jane Meares. The Panel is scheduled to report to the Board of the Law Society by the end of the year.

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