Law Committees Update

The work of ADLS’ 17 committees is as varied as their specialist areas. A selection of the committees’ undertakings throughout the past year gives some insight into the breadth of their work and the level of influence they have. They are strong examples of what can be achieved by a collective of specialist lawyers directing their legal knowledge and experience to shape our law and practice so that it better serves the legal profession and New Zealand.

The committees consistently monitor developments in the law, engaging with key stakeholders, such as government and the courts. They raise issues and work in a collaborative way with a solutions-focused approach to arrive at improved outcomes. They are a strong voice in shaping the law through making submissions and meeting with ministers, government executives and Judges to ensure that change, which is inevitable but often no longer so incremental in its pace, moves in the right direction. They keep the legal profession informed by writing LawNews articles and updated by planning and presenting at CPD sessions. They also attend ADLS events to consolidate relationships that are increasingly important in an era where there is little time for collegiality and lawyers are increasingly busy and sit in relative isolation with a computer and phone.

The work of our committees is impressive. A selection of their work during the 12 months ending 30 September 2019 follows.

Criminal Law Committee

Convened by Marie Dyhrberg QC

The committee had significant engagement with various stakeholders, including the Police, the Ministry of Justice, the Courts, the Department of Corrections and the New Zealand Parole Board, to resolve operational issues for counsel and their clients. Its work with the New Zealand Parole Board culminated in a more streamlined process to facilitate the appearance of counsel in person at Parole Hearings. The committee also made a submission, well-received for its substance and depth, on the Use of DNA in Criminal Investigations in response to the Law Commission’s 367-page review on the topic.

Documents & Precedents Committee

Convened by Jacqueline Parker

The committee through its sub-committee formed to review the ADLS/REINZ Agreement for Sale and Purchase of Real Estate, continued the enormous task of comprehensively reviewing this document. The sub-committee received highly valuable input from the leading academic in the area and expert practitioners. Their contribution and support was significant in finally reaching the desired outcome releasing the 10th edition of the agreement on 27 November 2019. The committee also made good progress through another sub-committee on the full review of the ADLS Deed of Lease.

Employment Law Committee

Convened by Catherine Stewart

The committee continued to cultivate good working relationships with WorkSafe, the Privacy Commission, the Employment Court and the Employment Relations Authority by inviting them to committee meetings to engage in dialogue about various aspects of their area of law. It also continued to foster excellent collegiality and engagement through the highly-anticipated successful Employment Law Dinner and Burning Issues in Employment Law CPD event.

Environment & Resource Management Law Committee

Convened by Helen Andrews

The committee monitored significant policy developments during the course of the year and made valuable contributions through a number of submissions, including on the draft Terms of Reference for the Resource Management Review Panel, the Climate Change Response (Zero Carbon) Amendment Bill and the New Zealand Infrastructure Commission/Te Waihanga Bill. It also contributed articles to LawNews to inform the legal profession about developments in an area of law which is increasingly of public concern.

Immigration & Refugee Law Committee

Convened by Deborah Manning

The committee carried out a review of the Immigration Act 2009 and presented its report to the Immigration Minister at the ADLS Immigration Law Dinner. The intention of the review was to highlight deficiencies in the legislation and suggest areas for improvement, particularly around increasing access to justice in the immigration and refugee context.

The committee also had significant engagement with Government, including with Immigration New Zealand and the Refugee Status Branch, to resolve issues.

Property Law Committee

Convened by Bryce Town

The committee had significant engagement with Land Information New Zealand with regard to its Survey and Title Enhancement Programme (previously known as ASaTS and now known as STEP) which will progressively rebuild and modernise Land Information Platform Services over a five-year period. There was also engagement with the Overseas Investment Office on the practical implementation of overseas investment regulation parameters. Developments in the law were monitored and submissions made, including in relation to the Reform of the Overseas Investment Act 2005 (facilitating productive investment that supports New Zealanders’ wellbeing) and specific aspects of the Earthquake Commission Enquiry.

Technology & Law Committee

Convened by Lloyd Gallagher

The committee wrote to the Prime Minister to provide suggestions on social media regulation in light of the issues raised by the livestreaming of the terrorist shootings in Christchurch on 15 March 2019 through Facebook. Its letter, sent in anticipation of the Prime Minister’s Paris meeting where she was instrumental in forging an historic deal between 17 governments and eight tech giants, expressed concern about the approaches taken by some governments and offered the committee’s view on how more effective outcomes might be achieved. Whether by coincidence or otherwise, the outcome reflected a like-minded approach in the majority of recommendations adopted by the Prime Minister. The committee also wrote numerous articles to produce an impressive special 16-page technology edition of LawNews

Newly Suited Committee

Convened by Ellen Snedden

The committee held nine successful and well-attended events throughout the year and also wrote LawNews articles designed to engage with those who are relatively new to the legal profession with a view to encouraging their membership of, and involvement in, ADLS.

Family Law Committee

Convened by Stuart Cummings

The committee made comprehensive submissions on the Law Commission’s Review of the Property (Relationships) Act 1976. It also had regular representative attendance at Family Justice Sector Liaison meetings at the courts and monitored developments in the law, including the transition from the Domestic Violence Act to the Family Violence Act. It kept the legal profession updated through LawNews articles.

Health & Safety Law Committee

Convened by Fletcher Pilditch

The committee continued to monitor developments in the law and supported increased knowledge and awareness of legal issues in this area among the legal profession through LawNews articles and successful CPD events.

Mental Health & Disability Committee

Convened by Julian Hague

The committee monitored developments in the law and became involved in initiatives to inform and educate the profession and wider public on key issues, including in relation to the proposed referendum on the legalisation of cannabis and the increasing number of people deemed unfit to stand trial. It also contributed articles to LawNews on various mental health issues.

Trust Law Committee

Convened by Bill Patterson

The committee monitored the progression of the Trusts Bill through Parliament and its eventual passing into law as the new Trusts Act 2019.

It planned a series of CPD topics designed to inform the legal profession of the anticipated changes to be brought about by this legislation and steps practitioners need to carry out before the Act comes into force. It has also contributed numerous LawNews articles to inform the legal profession.

Civil Litigation Committee

Convened by Andrew Steele

The committee had a good level of communication with the Rules Committee throughout the year on various issues, including making submissions on the level of hearing fees regulations for civil cases, the reform of Rule 4.5.56 of the High Court Rules (concerning adding parties to legal actions), review of time allocations for trials and representative actions. It also had regular representative attendance at District Court liaison meetings.

Courthouse Liaison Committee

Convened by Chris Foote

The committee made a significant contribution through its submissions on the Courts Matters Act 2018. As many as 17 clauses or sub-clauses in the Court Matters Bill dealing with amendments to the Courts Security Act were made in a way that reflected the submissions made by the committee. It also continued to monitor and communicate with the courts on various operational and health and safety matters to ensure the courts remain an effective and safe working environment for practitioners.

Continuing

Professional

Development Committee

Convened by Geoff Hardy

Members of this committee shoulder a significant workload overseeing the quality and scope of ADLS CPD offerings. Further leadership, personal development, and skills workshops were developed and added to the CPD programme, which also incorporated a number of international speakers.

Members’ Special Fund Committee

Convened by Paul Collins

This committee provides financial assistance to lawyers facing particular hardship. The committee met as required to consider the provision of assistance to members seeking support.

Property Disputes Committee Convened by Mark Colthart

The committee continued to field various enquiries concerning property-related disputes. While those that progressed to full committee consideration and determination over this period were few in number, the good level of enquiries indicates that the work of the committee is well known and that it continues to serve as a meaningful alternative for parties negotiating towards resolution.