The partner explains why efficiency is important in access to justice
For Emma Moran, safeguarding the rule of law means active defence, clear public understanding, and a willingness to push back against misinformed rhetoric. And in today’s climate, defending the rule of law is more critical than ever.
Last week, the DLA Piper partner told NZ Lawyer how she became interested in law; in the second part of this interview, she discusses how misleading claims against the judiciary impact the legal profession and gives her thoughts on the overloaded court system in New Zealand.
What’s one misconception you think people have about lawyers, and how would you correct that misconception?
A common misconception is that lawyers bend the truth or rely on weasel words to get better outcomes. I'm not suggesting that never happens, but the best advocates are taken seriously precisely because they have credibility and that depends on trust. Good advocacy isn’t about misleading anyone. It’s about mastering the facts and presenting your client’s case clearly and effectively.
What challenges are particularly pressing in the country’s legal industry?
One of the most pressing challenges facing New Zealand’s legal industry is an overwhelmed court system. The consequences are wide ranging and often unintended. While criminal and family law pressures rightly attract attention, delays in the commercial courts are now routinely measured in years, with clients waiting two or more years for fixtures. That delay creates real economic drag and undermines confidence in the system.
Access to justice is about many things, including efficiency. Addressing this requires a significant increase in judicial capacity and sustained investment in the justice system. Our common law and predictability of our courts is one of New Zealand’s greatest institutional strengths, including for multinational businesses looking to operate here; it’s a national asset, and it needs to be resourced accordingly.
What are your thoughts on the current state of the rule of law worldwide?
The rule of law and judicial independence are under unprecedented pressure worldwide, and that should concern anyone who values stable democratic institutions. What is particularly troubling is seeing misinformed (and at times deliberately misleading) narratives gaining traction, including here in New Zealand. Claims that judges interpreting and applying the law are "activists" and public criticism of the judiciary by politicians risk undermining confidence in the courts and the separation of powers.
Safeguarding the rule of law requires active defence, clear public understanding, and a willingness to push back against this rhetoric.
What are you looking forward to the most in the coming year?
I’m most looking forward to continuing to do the kind of work that first drew me to the law, complex, high stakes disputes where the issues really matter. That means working closely with clients I trust, alongside a team I’m very proud of.
