Damp Squid, or Lighting the Parched Pay Issue?
This week’s industrial action by New Zealand duty lawyers did not bring the courts to a grinding halt. But organiser Dennis Ansley says that was never the real measure of success.
What has happened is that a long-ignored pay crisis has finally made it onto the national agenda.
Ansley, who calls the action a first for the New Zealand legal profession, says the Ministry of Justice neutralised much of the impact by flying lawyers into Auckland from around the country.
“People have been offered flights, accommodation, food, extra allowances,” he told LawNews. “They’re spending thousands to keep things running.”
Ansley, a lawyer with 38 years’ experience, said he had support from at least 75 percent of his colleagues at Auckland, as well as support from other parts of the country like Christchurch, Gisborne and Hawke’s Bay.
The Ministry disputes that picture. Legal Services Commissioner Tracey Baguley said only one duty lawyer had been rostered into another region and that, as of January 13, there had been “no disruption to court operations.” Local lawyers were used “where possible”, in line with policy.
She said it recognised the role duty lawyers played in ensuring access to justice for those appearing without representation.
“The Ministry’s priority is to maintain continuity of service for court users during this period and are actively working through options to ensure there is limited disruption, if any,” she said.
“The Legal Aid Triennial review includes a review of remuneration across the legal aid scheme, including proposals related to the duty lawyer service that were outlined in the discussion document. The proposals are currently with the Minister for consideration.”
Either way, the courts stayed open.
Duty lawyers, however, are not window dressing. They are the first legal lifeline for people charged with criminal offences, often frightened, often unrepresented. And their pay, famously, has risen only once in 30 years.
The Aotearoa Legal Workers’ Union says the system effectively treats them as volunteers.
Inside the profession, the action has split opinion. Some lawyers said the week created “negative vibes” in Auckland District Court, with tensions between those who joined the action and those who did not. Ansley rejects claims of pressure, saying he merely asked colleagues to consider supporting the cause.
The Law Association of New Zealand has questioned the timing, given that a legal aid review is already underway and a working group on duty lawyer conditions has been set up. Others, including senior criminal lawyers, have backed the move, citing crushing workloads and burnout.
Ansley says this week was a start, not a finale. If Justice Minister Paul Goldsmith does not act, he promises something “a lot more effective” later in the year.
“The awareness is out there now,” he says. “We haven’t given up.”
And that is the part the system should be paying attention to.
