NZLS wants to ensure it is capable of being an effective regulator and a national representative
The New Zealand Law Society (NZLS) is calling for inputs from the legal profession on proposed changes to its constitution.
Proposed changes include the number of board members, their composition, tenure and the board's structure. The NZLS is a statutory body with the composition of its governance structure set out in the constitution with the procedural requirements for its board and council meetings.
The NZLS Constitution is a legislative instrument set out in the Lawyers and Conveyancers Act (Lawyers) Constitution 2008. There had been a few minor changes, but it remained broadly unchanged since the NZLS, as a national body, was introduced in 2008. The NZLS said it would like to consult with the profession before making any changes.
The NZLS said that it wants to ensure it can be both an effective regulator and a national representative organisation. Strategic and inclusive governance is essential for its long-term priorities, including sustainability.
A recent study by the Independent Review Panel identified key areas where the Constitution could be amended to enable best practice governance of the NZLS. The suggested changes in governance include:
- a board of eight members;
- an equal split between lawyers and public members;
- The Chair being a public member;
- at least two members with strong te ao Māori insights; and
- with appointments to be made by the Minister of Justice and no elections.
While some of these changes may require legislative adjustments, the NZLS said that it actively explores interim steps consistent with the Independent Review findings. The current consultation focuses on four key areas: board size and independent board members, appointment of the president or chair, tenure or continuity of decision-making, and diversity and competencies.
The NZLS has encouraged members of the legal profession to contribute their insights until 5 p.m. on 20 December. Once the consultation is complete, the NZLS council will consider the feedback and decide whether to amend the relevant clauses of the Constitution. The NZLS will then liaise with the Ministry of Justice regarding the drafting instructions to the Parliamentary Counsel Office.
Once the amendments are drafted, the council will decide whether to accept the changes before the changes are published and filed with the Companies Office. The NZLS said it anticipated that this process will be completed in the middle of 2024.
