2021 QC Round Barbara Relph*
Less than 1% of those admitted as lawyers in New Zealand have been appointed Queen’s Counsel. Highly respected across the legal industry, the title recognises excellence in law and a commitment to the profession. The first 12 appointments in New Zealand were made in 1907. At that time, as now, the location of appointments was considered, so it is no surprise that more appointments are made in Auckland than elsewhere in the country. Annual appointments continued to be made, but almost 100 years passed before so many appointments were made at one time again. The most appointments in any one year was in 2013 with 26 new QCs, following a period of five years without a round of appointments. During this period, New Zealand briefly entertained the title Senior Counsel, or SC, and seven Senior Counsel were appointed. In a further break with the rank, litigators in law firms and Crown Law were invited to apply. This change did not meet with the approval of the profession. When the QC title was reintroduced in 2013, those who had been appointed Senior Counsel chose to revert to the QC title. The extension of the title to those in law firms was also rescinded. In order to qualify, applicants must appear at the independent bar and not be members of firms. The return to the original criteria was welcomed by the bar. However, there have been several appointments under the Crown’s prerogative, including some of the best academic lawyers in New Zealand. The first women to attain the rank, Dame Sian Elias (later to become Chief Justice) and Dame Lowell Goddard, were appointed in 1988. The percentage of successful women applicants out of the total pool of
SEPTEMBER 2021
successful applicants was 23% in 2017, and 50% in 2018 and 2019. There were no appointments in 2020, and this year four of the ten successful applicants were women. It is more than 65 years since the last King’s Counsel was appointed, and with the Queen having just turned 95, it may not be long before we are appointing King’s Counsel again under King Charles or King William. This is believed to be the only honour to reflect the gender of the monarch, and when that changes, all QC’s will become KC’s. Luckily most stationery these days is electronic! Once the application period ends, the process for appointment is rigorous, as is outlined on the NZBA website. Appointment is for life, and almost 30% of appointments have historically gone on to become members of the judiciary. The overarching qualifications for appointment is excellence, including length and depth of experience. Candidates must also show knowledge of the law, superior skill in oral and/or written advocacy, independence in devoting themselves to their clients' interests, integrity and honesty in all dealings, and leadership in setting and maintaining the standards of the profession. In 2019, a new criterion was added. Candidates are expected to demonstrate a commitment to access to justice. Appointment tacitly anticipates engagement with the profession will continue after appointment. Congratulations to the ten 2021 QC appointees. * Barbara is a professional writer, editor and proof-reader – www.barbararelph.com.
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