New Zealand Law Society to commission comprehensive review
The New Zealand Law Society has announced that it will commission an independent review of its structure and functions.
The Society’s President Tiana Epati says the decision to conduct an independent review reflected the constraints the current Lawyers and Conveyancers Act 2006 placed on the Law Society’s ability to be transparent about its complaints process, and to deal with a broad range of unacceptable behaviour, including complaints of sexual harassment and bullying within the profession.
Dame Silvia Cartwright's independent review of the regulatory framework identified a problem in that behaviour by a lawyer that is unconnected to the provision of legal services can only be subject to the current disciplinary regime if it is at the highest level of misconduct, justifying a finding that the lawyer is no longer fit to continue to practise.
The review will also consider whether the ‘dual’ model for the Law Society, regulating lawyers and providing membership services for them, is the optimal model. The review is expected to draw on local and international experiences to consider possible future models for the provision and regulation of legal services in Aotearoa New Zealand, as well as the best model to provide membership services to practising lawyers.
The terms of reference for the independent review will be agreed after extensive consultation with the legal profession and other stakeholders.
