Moira McFarland
The Law Association’s 18 committees have delivered a year of advocacy, reform and support for the legal profession. By addressing complex legal issues, advancing legislative frameworks and engaging in meaningful collaboration, the committees have left a significant mark on New Zealand’s legal landscape in 2024.
The committees each focuses on a different area of practice. In the first of a series of articles, we highlight some of the recent work and achievements of a selection of those committees.
AML/CFT committee
The AML/CFT committee addressed compliance challenges in anti-money laundering practices and engaged with the Department of Internal Affairs (DIA) to advocate for policies that balance regulatory demands with accessibility for smaller firms.
Workshops on risk assessments and beneficial ownership verification provided practical tools for practitioners, reinforcing the committee’s role as a resource for compliance matters.
Employment Law committee
The Employment Law committee has been a driving force in addressing critical workplace challenges.
A highlight was its meeting with Workplace Relations and Safety Minister Brooke van Velden, where the committee tackled delays in mediation and inefficiencies in the Employment Relations Authority (ERA). Proposals for an online mediation booking system and increased mediation resourcing were well-received, aiming to expedite dispute resolution.
The committee also met with Pele Walker, Director of Dispute Resolution, Employment at MBIE, to discuss improving mediation services and streamlining ERA processes. The meeting focused on enhancing accessibility to online mediation systems and retaining experienced mediators to address delays effectively.
The committee contributed extensively to the Royal Commission of Inquiry into covid-19, providing insights on protecting essential workers and improving workplace safety in times of crisis. The submissions to MBIE on personal grievance processes, modern slavery legislation and discussions on holiday pay reform reflected a balanced approach, advocating for fairer worker protections while considering employer concerns.
Thought leadership featured prominently in the publication of an opinion piece How to deal with employees who want to work remotely. This article explored the legal implications of hybrid work models, offering practical advice to navigate employer obligations and productivity challenges.
Family Law committee
The Family Law committee made significant strides in advancing family justice reforms. Submissions on the Protection of Personal and Property Rights Act (PPPR) recommended raising outdated financial thresholds to reduce unnecessary court applications and ease burdens on families.
The committee engaged in consultations on probate thresholds and statutory legacy amounts, contributing expertise to modernise estate administration processes. Advocacy against the repeal of s 7AA of the Oranga Tamariki Act focused on retaining culturally responsive care for tamariki Māori under Te Tiriti o Waitangi.
The concerns about proposed workforce reductions at Oranga Tamariki highlighted the risks of insufficient legal resources to support statutory compliance and protect vulnerable children. The Family Law Conference offered a platform for discussions on cryptocurrency in relationship property, mental health in family cases and best practices for Family Dispute Resolution (FDR).
Immigration and Refugee Law committee
The Immigration and Refugee Law committee contributed to a range of confidential and embargoed discussions on New Zealand’s immigration framework. The submissions on the Accredited Employer Work Visa (AEWV) sought to streamline compliance processes and extend accreditation periods, easing the administrative burden on employers.
The committee provided insights into the Regulatory Systems (Immigration and Workforce) Amendment Bill, advocating for enhanced transparency and fairness in immigration advisory practices. Contributions to the future of occupation classifications focused on aligning immigration pathways with labour market needs.
Engagements with Immigration New Zealand (INZ) addressed systemic issues such as visa processing inefficiencies and protections for vulnerable migrant communities. While much of its work remains confidential, the committee’s contributions have strengthened The Law Association’s voice in shaping immigration policy.
NextGen Lawyers committee
Supporting early-career professionals was the focus of the NextGen Lawyers committee. Initiatives like Speed Networking and the Inside the In-House Experience panel connected junior lawyers with mentors, and fostered collaboration and knowledge sharing. A CPD series on practical skills equipped young practitioners with tools to navigate the challenges of legal practice.
Parole and Prisoners’ Rights committee
The Parole and Prisoners’ Rights committee has worked tirelessly to promote fairness and rehabilitation within the justice system. Its opposition to the Parole (Mandatory Completion of Rehabilitative Programmes) Amendment Bill highlighted the impracticality of requiring program completion without guaranteed access. It stressed the need for better resource allocation to support reintegration.
The committee collaborated closely with Sir Ron Young, Chair of the Parole Board, to address procedural challenges in parole hearings, including victim participation and delayed document disclosures. Submissions on the Sentencing (Reinstating Three Strikes) Amendment Bill and the Corrections Amendment Bill further emphasised evidence-based reforms to address systemic issues like over-incarceration.
A highlight of the year was the Tricky Parole CPD Seminar, which gave legal practitioners tools to manage complex cases involving procedural fairness and prisoners who maintain their innocence. This seminar underscored the committee’s commitment to enhancing the profession’s capacity to address parole-related issues.
Technology and Law committee
The Technology and Law committee addressed legal challenges arising from rapid technological advancements.
Submissions on the Privacy Amendment Bill focused on strengthening notification requirements and ensuring compliance measures are practical for businesses. Contributions to the Biometrics Code highlighted the importance of mandatory privacy impact assessments and safeguards against misuse of biometric data.
The committee also contributed to the Budapest Convention and Related Matters Legislation, balancing international cybersecurity frameworks with protections for individual rights.
Articles including Why AI is a double-edged sword and Why AI won’t replace lawyers anytime soon explored the transformative impact of artificial intelligence on the legal profession and society. These opinion pieces were supported by a white paper offering practical guidelines on ethical AI use, intellectual property and data privacy. CPD sessions on AI liability and prompt engineering provided valuable training for practitioners navigating this evolving field.
The new 2024-2026 committee term started in October and the committees look forward to engaging in further representative work on behalf of The Law Association and the legal profession during the next two years.
Moira McFarland is a committee executive at The Law Association
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