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Law Reform ‘year in review’ 2020 has been an extraordinary year and the Law Society has been heavily involved in working on the legislative response to the many challenges Covid has thrown up for the justice system, the profession and New Zealanders – in addition to our normal ‘bread and butter’ law reform and advocacy work. This work is central to representing the profession and speaking out in the public interest on key issues such as access to justice, constitutional protections, the rule of law, operation of the justice system, and the quality of legislation. In total, the Law Society made more than 100 submissions during the year to government departments, the Rules Committee, the senior judiciary and Parliamentary select committees, and appeared at many select committee hearings about Bills. The submissions covered virtually all areas of the law and legal practice, and express views on behalf of the profession on many significant reform proposals. The work is carried out on a voluntary basis by lawyers on the Law Society’s 16 specialist committees, Family Law and Property Law Sections, and Law Reform Committee. It is an immense collective effort on behalf of the profession and in the public interest, and is central to our engagement with the government and the judiciary. Covid was a significant focus in the first half of the year: the Law Society and its volunteer contributors worked closely with judges and officials, particularly in the Level 4 lockdown period, on many urgent changes to court rules, legislation and justice sector operations. That work, and other significant topics 18
Enhancing civil access to justice Improving access to justice in the civil courts has been a key theme in 2020. The Law Society’s Civil Litigation & Tribunals Committee has spent a lot of time discussing reform options for the rules governing civil trial procedure and solutions to reduce barriers in the civil justice system. The Committee prepared the Law Society’s submission to the Rules Committee regarding reform options to improve access to justice by reducing the cost of bringing civil matters to court. The Law Society supports changes that require early, substantive and flexible case management, minimising the procedural steps required to resolve disputes fairly and effectively. The Law Society also supports modernising the rules by embracing technology, for example by further enabling remote participation in hearings.
on which we made submissions – and in some cases appeared before select committees and the senior Courts – included: • C ov i d u r g e n t l e g i s l a t i ve response: Submissions on a number of fast-tracked bills, including the Immigration (COVID-19 Response) Amendment Bill 2020, the COVID-19 Response (Further Management Measures) Legislation Bill and the COVID-19 Recovery (Fast-track Consenting) Bill. Brief comments at short notice
The Committee also provided extensive feedback to the Rules Committee on proposed changes to the costs rules, which currently prevent successful self-represented litigants from being awarded costs. Another significant development was the Supreme Court appeal in Southern Response v Ross, concerning the principles that apply in deciding whether class actions should proceed on an ‘opt-in’ or ‘opt-out’ basis. The Law Society was invited to intervene as a neutral party, on issues of significant public interest regarding the procedures for efficient and fair conduct of representative proceedings and access to justice. While comprehensive legislation is the preferred solution, the Law Society submitted that the senior courts are institutionally capable of addressing procedural questions arising from opt-out orders.
on a consultation draft COVID-19 Public Health Response Bill, and a comprehensive submission on the select committee post-enactment inquiry into operation of the COVID-19 Public Health Response Act 2020. • Covid legality: Comments to assist Parliament’s Epidemic Response Committee scrutiny of the emergency legislation response to the Covid pandemic, and Intervenor submissions to assist the High Court in a judicial review
