Passing Of Queen Elizabeth II (21 April 1926 – 8 September 2022)

Passing of Queen Elizabeth II (21 April 1926 – 8 September 2022)

Kua hinga te tōtara haemata i te Waonui a Tāne.

A great leader has passed.

The New Zealand Bar Association | Ngā Ahorangi Motuhake o te Ture acknowledges with sadness the passing of Queen Elizabeth II. In her 70 years on the throne, the Queen navigated significant social, political, and geo-political change. Her Majesty met the many challenges of her role with determination, dignity, intelligence, and humanity. She set an exemplary example of leadership and was a role model internationally. Her dedication to the Commonwealth, and as constitutional Head of State of New Zealand, was unwavering. She played different roles for many people, including te kuia, te kaumātua and te ariki – a grandmother figure to a nation, a wise elder for her government and the paramount leader of her people.

We acknowledge the new King, Charles III, who becomes head of the Commonwealth and under our constitutional arrangements, King in right of New Zealand. The Commonwealth is an association of 56 independent countries and 2.4 billion people. It allows us to learn from each other and promote peace and equity among its members. We wish the new King the best as he mourns his mother and begins the challenges inherent in his new role.

Ka murimuri aroha ki a te kōtuku-rerenga-tahi.

With deep sorrow at the passing of a person only seen once in a lifetime (the white heron of a single flight).

The Bar Association Council.

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Background to the change in title to King’s Counsel

The New Zealand Bar Association | Ngā Ahorangi Motuhake o te Ture has received queries about the change in title from Queen’s Counsel to King’s Counsel and the change in reference to “the King’s Judge(s)”.

The monarch ascends the throne immediately on the death of the previous monarch. There is no interregnum or waiting period. While the appointment to Silk is made under letters patent which are personal to the monarch, section 119B of the Lawyers and Conveyancers Act 2006 provides that if the Sovereign for the time being is a King, all references to Queen’s Counsel are to be read as King’s Counsel. Any lawyer who holds the rank of Queen’s Counsel, if he or she wishes, can refer to themselves as King’s Counsel and KC. Accordingly, if a QC wishes to use a title with the rank, then “King’s Counsel” must be used, now that the sovereign is a King.

Accordingly, the Bar Association will be moving to adopt reference to King’s Counsel or KC.

A Senior Court judge is appointed “…by the Governor-General in the name and on behalf of Her Majesty.” Under section 5 of the Constitution Act 1986, on the demise of the Sovereign all their functions, duties, powers, authorities, rights, privileges, and dignities are transferred to the successor and every reference to the Sovereign will be read as a reference to the Sovereign’s heirs and successors.

The Chief Justice of New Zealand | Te Tumu Whakawā o Aotearoa has issued a statement that effective of 9 September 2022 for the purposes of the courts:

• Queen’s Counsel becomes King’s Counsel
• Criminal cases become “The King v X”
• Senior Court announcements change to refer to “the King’s Judge(s)”.

The New Zealand Bar Association | Ngā Ahorangi Motuhake o te Ture is a voluntary organisation for barristers. The Association’s purposes include the promotion and encouragement of a high standard of legal representation and advocacy, and support for the rule of law. Access to justice is a key component of the rule of law.

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