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The Judges of the Supreme Court of New Zealand | Te Kōti Mana Nui o Aotearoa have resolved to encourage greater participation of junior counsel in advocacy before the Court.
The resolution supports the Gender Equitable Engagement and Instruction Policy developed by the Law Society and Bar Association. It reflects an appreciation that junior counsel will have made substantial contribution to the written argument, and will best develop as advocates by advancing part of the oral argument. It builds on a similar policy adopted by the Court of Appeal in 2018.
Accordingly, the Supreme Court:
- encourages oral argument by junior counsel – unless the brevity of the appeal or nature of the argument does not justify both counsel addressing the Court, or junior counsel waives that opportunity;
- does not require adherence to the previous practice that each counsel is heard only once in the principal argument – meaning that junior counsel may now take an intermediate point in that argument; and
- will not normally hear two counsel in reply for one party – except by leave in very complex appeals.
Rt Hon Dame Helen Winkelmann
21 June 2022