The New Zealand Herald

NZ wheels of justice grind on in lockdown

- Sasha Borissenko comment If you’ve got any tips, legal tidbits, or appointmen­ts that might be of interest, please email sasha.borissenko@gmail.com

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.

 ?? Photo / Dean Purcell ?? A suite of bills tabled in Samoa undermine the rule of law, critics warn.
Photo / Dean Purcell A suite of bills tabled in Samoa undermine the rule of law, critics warn.
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