NZ wheels of justice grind on in lockdown
There have been winners arising out of Covid-19: Todd Muller, bespoke hand sanitiser companies, deliver-toyour-door food boxes and Zoom, for example. And there have been losers: companies are reverting to their old ways of working, shying away from Jacinda Ardern’s call for flexibility and a four-day-week. Meanwhile, we hold our breath waiting for an imminent global financial crisis.
But what’s happened in the legislative landscape that’s gone by the wayside?
Samoa has slipped through the cracks, it seems. The International Bar Association’s Human Rights Institute, the New Zealand Law Society, the South Pacific Lawyers’ Association, and the Law Council of Australia have questioned the implication of the Constitution Amendment Bill, the Judicature Bill, and the Lands and Titles Bill, tabled days before the country declared a state of emergency.
The bills are said to undermine the rule of law by effectively removing the judicial primacy of the Supreme Court, and would empower the Judicial Services Commission to dismiss judges without cause or due process. Essentially the bills propose that Samoans’ constitutional right to seek judicial review of a Land and Titles Court decision be removed, and the judicial function of Samoa be split into two competing branches.
Adding insult to injury, the changes were considered when the constitutional offices of the Attorney General and Chief Justice were vacant. We forget that Samoa also was in the throes of a measles epidemic just months before Covid-19.
What else did we miss?
The Abortion Legislation bill passed its third reading in March, amending the law to decriminalise abortion, streamlining the regulation of abortion services with other health services, and modernising the legal framework.
The Taxation (KiwiSaver, Student Loans, and Remedial Matters Bill) passed its third reading. It aims to improve the administration of the KiwiSaver and student loan schemes.
Parliament passed the Smoke-free Environments (Prohibiting Smoking in Motor Vehicles Carrying Children) Amendment Bill at the end of May, which prohibits smoking in cars carrying anyone under 18. Those contravening the law could be issued with a $50 fine or warning by police.
Money, money, money
A total of $588,624,387 was owed to the Ministry of Justice in unpaid infringement fines and courtimposed fines as of February 29. Forty-seven per cent of the fines resulted from police infringements. Justice Minister Andrew Little also revealed $579.9 million was owed to the Ministry as of May 1 — $269m was police infringements, and $183.60m court-imposed fines.
Little has been revealing a lot: legalaid debt was $141.5m as of May 1. The amount owing at July 1 last year was $142.1m. A total of 6599 legal-aid applications were approved between October 1 and May 1, 2020. According to a 2018 Access to Justice report by the NZ Bar Association, legal-aid eligibility requirements exclude people who earn more than $23,820 a year, and yet the median income in 2017 was $48,880. I didn’t know that those who qualify for legal aid are charged interest at 8 per cent a year.
To address obvious access to justice issues, Community Law Centres Aotearoa, the Bar Association, and the Law Society will be delighted to have a Budget boost of $7.7m over four years, which will create a clearing house for pro bono services. The NZ Institute for Economic Research found that for every dollar invested in community law services, the public receives $3-$5 worth of value. The Budget also set aside $163.5m over four years to upgrade court buildings and improve user experience.
More on the Law Society
The NZ Law Society and Te Hunga Ro¯ia Ma¯ori o Aotearoa came together in February to sign a Memorandum of Understanding, to strengthen and formalise their relationship. The NZ Law Society also welcomed the Pacific Lawyers Association to its council as independent observers.
It’s exciting times for the society, which is seeking feedback to its proposed changes to the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008. The proposed changes aim to deliver clear and transparent conduct standards and obligations around discrimination, harassment, bullying and other unacceptable conduct.
In its annual report for the year to June 30, 2019, the society made submissions on 20 bills before Parliament, and produced 60 discussion papers or documents. Since then the society has taken issue with the recent Covid-19 Public Health Response Act, which was passed under urgency. Society spokesman Jonathan Orpin-Dowell said it should have had public and select committee scrutiny.