
Justice Centre | 19 Aitken Street
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30 January 2026
Grace Haden
[FYI request #32951 email]
Our ref: OIA 128806
Tēnā koe Grace
Official Information Act request: The New Zealand Law Society and court processes
Thank you for your email of 12 December 2025, requesting under the Of icial Information Act
1982 (the Act), information regarding the New Zealand Law Society (the Law Society) and
court processes. Specifically, you requested:
You correctly identify that the “The Law Society’s regulatory functions are
underpinned by statutory safeguards “but I want to know how those safeguards are
deployed when just as my OIA request is turned into something different the law
society chooses not to comply with or address those statutory safeguards.
You go on to state “A lawyer’s conduct not connected with providing legal services
can also be found to not meet standards expected of lawyers or that would make
them unsuitable to continue to practice.” By way of OIA please advise how one
seeks to have a lawyer’s conduct examined when the police, law society and the
courts do not act on requests for investigation because it is, has been or wil be
before the courts.
I would like documents which support the action taken and discussion papers which
consider the gap in the law that should be addressed:
1. It would appear that the law Society wil not act in a mater which is, has been or
potentially wil be before the court, this means that all a lawyer has to do to give
themselves protection from accountability is to commence proceedings and that
disposes of accountability.
a. Please provide the legislative support for this stance and address how this
complies with the requirement to comply with the rule of law
b. Who holds the law Society accountable in such a matter this is particularly
relevant due to the IPCA having identified shortfalls in police action, there is no
such body for the law society
2. Criminal action in civil proceedings, this is surprisingly common but to say its criminal
leads to defamation, the police refuse to touch it e.g. the perjury complaint for the
blatant perjury which is provable by the lawyers own subsequent affirmation.
a. What safeguards are in place to prevent the commission of crime in courts
b. How do you deal with crime in the court proceedings when judges don’t deal with
it and the police and law society exclude it... is this in line with justice?
3. Self-represented lawyers, the rules appear to focus on “clients’ A lawyer holding
themselves out as a lawyer appears to get bias even being able to communicate with
judges behind the scenes
a. What consideration has been given to amending the conduct rules to include a
provision for self-represented lawyers in court, what independent oversight is
provided for the lawyers action and how is accountability to the rule of law
achieved.
4. With regards to the court the definition of “in the public interest” what is the
benchmark for the court for determining what is in the public interest.
a. It appears that we need a better test for “ in the public interest” it appears to be
an excuse to prosecute or dispose of proceedings at wil in my matter with the
lawyer the court of appeal held that it was not in the public interest given that the
events commenced 20 years ago, the fact that the lawyer brough it to court in
2018 with lies appears to be beside the point
5. How does one achieve a justice when pursued by a self-represented lawyer who
uses secrecy law to silence a person I take it by your response that there is no
research, documentation or even discussion papers addressing these issues
I have interpreted your request to be for information, including research, documents and
discussion papers regarding:
1. The stance of the Law Society, New Zealand Police (the Police) and
courts regarding the complaint and proceedings you refer to.
2. Who holds the Law Society responsible for its functions.
3. What prevents criminal conduct in court proceedings by lawyers.
4. Any current consideration of amending the conduct rules that apply to lawyers in
relation to self-represented lawyers.
5. What is the ‘in the public interest’ test used by the court.
Please find a response to each of these parts below.
1. The stance of the Law Society, Police and courts regarding the complaint and
proceedings you refer to
Information relating to this part of your request is refused under section 18(g)(i) of the Act, as
the information is not held by the Ministry or another agency subject to the Act.
It is important to note the Ministry of Justice (the Ministry) cannot comment or intervene in
court cases or proceedings, as to do so would compromise the independence of the courts.
While the Ministry provides administrative support to the courts, it is a judicial body that must
operate independently from the Government, Ministers and officials.
2. Who holds the Law Society responsible for its functions
As referenced in my previous response to you of 12 December 2025 (DSC 128011), the Law
Society is a statutory body recognised under the Lawyers and Conveyancers Act 2006. This
Act outlines the regulatory functions of the Law Society. As an independent entity, it is
primarily the responsibility of the Law Society Council to carry out the Law Society’s
governance and oversight responsibilities. In practice these responsibilities are largely
delegated to the Law Society Board.
Part 7 of the Lawyers and Conveyancers Act 2006 sets out the functions of the Law
Society regarding complaints about lawyers and disciplinary matters. Mechanisms such
as the ability of parties to appeal decisions of the Disciplinary Tribunal and the role of
the Legal Complaints Review Of icer provide oversight of these functions. You can find more
information about the Lawyers and Conveyancers Act 2006 at:
Lawyers and Conveyancers
Act 2006 No 1 (as at 23 December 2023), Public Act Contents – New Zealand Legislation.
As a statutory body, statutory decisions made by the Law Society can also be judicially
reviewed under the Judicial Review Procedure Act 2016. More information on judicial
reviews can be found at:
Judicial-reviews.pdf.
3. What prevents criminal conduct in court proceedings by lawyers
As noted in my previous response (DSC 128011), allegations of criminal conduct in court
proceedings should be reported to the Police to be managed through their assessment and
investigation process.
The Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 set
the minimum standards lawyers must observe and are a reference point for discipline. The
Conduct and Client Care Rules is available to view at
: Lawyers and Conveyancers Act
(Lawyers: Conduct and Client Care) Rules 2008 (SR 2008/214) (as at 01 July 2021)
Schedule Rules of conduct and client care for lawyers – New Zealand Legislation.
4. Any current consideration of amending the conduct rules that apply to lawyers in
relation to self-represented lawyers
The Ministry is not considering any changes to the conduct rules that apply to lawyers at this
time. As such, this part of your request is refused under section 18(e) of the Act, as the
information does not exist.
5. What is the ‘in the public interest’ test used by the court
Courts may apply a ‘public interest’ test in dif erent types of proceedings. Case law guides
what the ‘public interest’ may involve and require in particular cases.
As mentioned above, the Ministry cannot comment on specific court proceedings or offer
legal advice on how such a test may be applied to a case.

Please note that this response, with your personal details removed, may be published on the
Ministry website at:
Of icial Information Act responses | New Zealand Ministry of Justice.
If you are not satisfied with this response, you have the right to make a complaint to the
Ombudsman under section 28 of the Act. The Office of the Ombudsman may be contacted
by phone on: 0800 802 602, by email at: [email address], or via the
webform:
Make a complaint (for members of the public) | Ombudsman New Zealand.
Nāku noa, nā
Megan Noyce
Acting General Manager, Courts and Justice Service Policy