Rule of law still key to New Zealand system of government

The New Zealand Law Society takes its role as one of the guardians of the rule of law very seriously and will not hestitate to speak out if it is threatened, Law Society President Jonathan Temm said today.

Mr Temm said that this year the Society had twice gone public with concerns at the impact on the rule of law of new New Zealand legislation.

“The rule of law is far from being an academic concept which interests only law and political science students,” he said. “The notion that no-one is above the law and that all power must be exercised subject to legal rules and processes is fundamental. However, because it is a concept with no tight definition, it is vital that organisations such as the New Zealand Law Society remain vigilant on behalf of all New Zealanders.”

Mr Temm said it was not widely known that the Lawyers and Conveyancers Act 2006 required all lawyers in New Zealand to uphold the rule of law and facilitate the administration of justice in this country.

“As regulator of New Zealand lawyers, the Law Society sees this duty as being of the utmost importance,” he said. “The Society has a special Rule of Law Committee, which scrutinises legislation and government action within New Zealand.”

Mr Temm said this scrutiny had resulted in public comment by the Law Society on the Environment Canterbury (Temporary Commissioners and Improved Water Management) Act 2010 and also the Canterbury Earthquake Response and Recovery Act 2010.

“Both pieces of legislation were passed under urgency as a means of managing situations where direct government action was seen as essential. The Society in no way attempted to comment on the Government’s policies or intent. What concerned us was the impact on the rule of law from the way in which the legislation was structured,” he said.

“Potential interference with existing court proceedings and removal of the right of access to the courts, along with reliance on restraint from government and public officials in the exercise of very broad powers were identified as threats to the rule of law.”

As well as commenting publicly, the Law Society had written directly to the Attorney-General, Christopher Finlayson, on both matters. The letters had detailed the Society’s concerns and had also offered assistance and advice on how the situation could be rectified.

“While the Attorney-General did not necessarily agree with all points made by the Society, we note that both of his responses acknowledged our responsibility to speak out in relation to the rule of law,” he said.

As part of its commitment in this area, Mr Temm said the Law Society was one of three sponsors of an international Rule of Law Conference which is being held in Wellington from 18-19 November. He said the Society’s Rule of Law Committee was proud to participate alongside the World Justice Project and the American Bar Association’s Section of International Law.

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