Criminal law work has not been a family-friendly situation for lawyers anywhere, but a Christchurch barrister has raised uncomfortable questions about how well New Zealand’s court system accommodates lawyers taking maternity leave after she found herself filing court applications while her premature baby was in neonatal intensive care.
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Criminal barrister Helen Bennet had cleared around 10 months from her calendar ahead of maternity leave and advised the court that she would be available for a client’s trial after May 2026.
Her baby, however, arrived early by emergency Caesarean section and required treatment in NICU. Despite Bennet’s previously stated availability, the trial was scheduled for early March.
She was required to complete further paperwork from hospital seeking to have the trial moved. She supplied a letter from her midwife confirming there was no imminent discharge date for her baby. The adjournment was eventually granted for eight weeks.
In a separate case, she sought permission to appear by video for a client’s sentencing while on maternity leave. The request was declined, with the court preferring that another lawyer appear. Bennet ultimately relied upon a colleague who handled the appearance without payment.
The episode has attracted support from senior lawyers like Criminal Law Committee convenor Julie-Anne Kincade KC told Newstalk ZB that although the court’s position regarding the sentencing appearance was technically correct, the response was “abrupt and unthinking”. She also pointed to the continuing inconsistency between courts and judges over lawyers appearing remotely.
Crown Law Deputy Solicitor-General Madeleine Laracy noted the competing interests involved, including the Crown’s responsibility to ensure trials proceed promptly, particularly where vulnerable complainants or older cases are involved. She said the Crown’s submissions in Bennet’s case were appropriate.
If the Bar wants women to remain in trial and appellate advocacy, maternity leave cannot operate smoothly only when babies, judges, clients and court registries all obligingly stick to the programme.
Premature babies have proved notoriously unwilling to consult the court list.
