The Law Association of New Zealand’s (TLANZ) 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 focus on a different area of practice. In this second of a two-part series of articles (the first published in LawNews on 25 November 2024 read here), we highlight some of the recent work and achievements of a selection of those committees.
Criminal Law Committee
The committee played an essential role in advancing key justice reforms throughout 2024, offering expert insights to ensure legislative changes uphold principles of fairness while enhancing the efficiency of the justice system.
Its main focus for the year was contributing to key legislative proposals, some of which include the Gangs Legislation Amendment Bill 2024, Firearms Prohibition Orders Legislation Amendment Bill, and the Sentencing (Reinstating Three Strikes Amendment) Bill.
Through its submissions, the committee advocated for balanced criminal justice policies that consider both public safety and rehabilitation. The committee further engaged with the Ministry of Justice to propose housing defendants closer to their trial locations, a move aimed at reducing logistical challenges and ensuring a more humane trial process.
Additionally, its correspondence with the judiciary on the Te Ao Mārama Best Practice Framework reflected the committee’s dedication to supporting a more inclusive and accessible District Court. Advocacy for expanding the jurisdiction of community magistrates also demonstrated the committee’s commitment to judicial efficiency.
The work this year has been pivotal in addressing systemic inefficiencies while promoting equity and fairness in the justice system.
Property Law Committee
The committee played an essential role in shaping the regulatory and legislative landscape for property law. This year, the committee actively engaged with significant legislative reforms, including the Residential Property Managers Bill, Retirement Villages Act Review and the Regulation of Methamphetamine Contamination in Rental Housing.
These initiatives showcased the committee’s advocacy for transparent and equitable property regulations.
In addition to legislative submissions, the committee provided valuable technical feedback on standards such as the Authority and Identity Requirements for E-Dealing and LINZ’s survey and compliance strategy. Its input into the Residential Tenancies Amendment Bill and Building (Earthquake-prone Building Deadlines and Other Matters) Amendment Bill highlighted its commitment to ensuring clarity and practicality in property-related frameworks. The committee’s contributions in 2024 have been essential in supporting both practitioners and the public through improved property law policies.
With the new term underway, the committee has already made an impact, submitting recommendations on probate issues and highlighted concerns regarding banking instructions to solicitors.
Environment & Resource Management Law Committee
The committee has been engaged in reforming environmental and planning laws to address pressing challenges and promote sustainable practices.
A highlight was its submission on the Resource Management (Freshwater and Other Matters) Amendment Bill, where the committee played a critical role in shaping the dialogue around efficient and sustainable resource management.
Participation in discussions on the Fast Track Approvals Bill and the NPS for natural hazard decision-making further demonstrated its positive approach to tackling emerging issues.
The committee also gave feedback on a biodiversity credit system, an innovative mechanism to incentivise conservation efforts. Submissions on marine farming regulations and reforms to the Marine and Coastal Area (Takutai Moana) (Customary Marine Title) Amendment Bill reflected its commitment to sustainable development while upholding cultural and environmental values.
Through its expert opinions, including a comprehensive paper on RMA reform, the committee has positioned itself as a critical voice in environmental law and policy.
Trust Law Committee
The committee has been involved in addressing evolving trust law challenges and influencing policy developments. This year, the committee actively participated in discussions on the review of trust disclosures, ensuring that proposed changes strike a balance between transparency and practicality.
Its engagement extended to stakeholder feedback sessions, reflecting a commitment to aligning trust law reforms with the realities faced by practitioners and beneficiaries.
Through monitoring case law and policy developments, the committee provided insights into trust administration and operation. Collaboration with the Ministry of Justice on probate thresholds and statutory legacy reviews further strengthened its role. The committee continues to grow its reputation as a leader in trust law reform, supporting both legal professionals and policymakers.
Mental Health & Disability Law Committee
The committee continued to monitor the development of law and policy in mental health and disability law.
It was active in liaising with district inspectors for mental health to help protect the rights of people receiving treatment under the Mental Health (Compulsory Assessment and Treatment) Act 1992.
The committee engaged with selected issues in mental health law to improve practice and procedure for both lawyers and patients. It made submissions on a number of consultations, including the Review of Adult Decision-Making Capacity, the Land Transport (Drug Driving) Amendment Bill and the Mental Health Bill.
The committee wrote to the Ministry of Justice to suggest improvements to the Mental Health (Compulsory Assessment and Treatment) Act 1992 and kept a watching brief on relevant cases going through the courts.
Health & Safety Law Committee
Since the Health and Safety at Work Act 2015 came into force, there has been more impetus toward ensuring workers are safe while on the job. The committee continued to monitor developments in law and policy in health and safety and liaise with regulatory bodies, including WorkSafe, Maritime NZ and the Civil Aviation Authority.
A highlight of the year was planning and delivering the expert witness training program (in conjunction with the Health and Safety Association of New Zealand) to help equip expert witnesses in the health and safety space with the skill-set to be an effective expert witness (see LawNews 21 November 2024 read here.)
The committee continued to follow major cases through the courts and helped to develop educational events on high-profile matters such as the Whakaari White Island eruption and other topical workplace-related health and safety issues.
The committee engaged in important parliamentary submissions, including the Work Health and Safety Regulatory System Review and attended relevant ministerial briefings.
Public & Administrative Law Committee
This newly established committee has quickly established itself as a key advocate for systemic improvements in public and administrative law. An important area of focus has been improving jury trial timeliness, with the committee exploring practical reforms to enhance efficiency in the judicial process.
Its submissions on the Fair Digital News Bargaining Bill showcased innovative thinking, proposing an alternative approach to balance the interests of digital media providers and traditional news platforms.
Though only a few months old, the committee has showcased a strong ability to tackle emerging public law issues, making its voice heard on matters shaping New Zealand’s legal framework and democratic processes. Its members regularly contribute thought-provoking articles to LawNews.
Civil Litigation Committee
This newly established committee has made significant strides in advocating for improvements in civil litigation and practice.
Early efforts have focused on procedural reforms and consultations aimed at enhancing efficiency and consistency in litigation processes. The committee has also taken steps to raise awareness of civil law challenges through contributions to articles and opinion pieces, fostering dialogue within the legal community.
Collaboration with other committees has enabled the committee to provide well-rounded feedback on legislative proposals. By monitoring policy and legislative developments that impact civil litigation, the committee has established itself as a vital representative body for practitioners. As it grows, the committee is set to play an integral role in shaping the future of civil litigation in New Zealand.
The 2024-2026 committee term started in October 2024 and the above committees look forward to engaging in further representative work on behalf of The Law Association of New Zealand and the legal profession during the next two years.
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