A landmark report released by the New Zealand Law Society Te Kāhui Ture o Aotearoa, Strengthening the Rule of Law in Aotearoa New Zealand, highlights the ongoing and emerging challenges that are impacting trust and confidence in the rule of law in New Zealand. It calls for sustained, coordinated action to protect democratic integrity and public trust.
The rule of law is the foundation of our democracy. It ensures that laws apply equally to everyone—government and citizens alike—and protects fairness and accountability. With increasing pressures on civic institutions both globally and locally, this report is a timely reminder of the importance of safeguarding these principles.
While New Zealand remains a strong democracy, we are not immune to the pressures and challenges that have weakened civic and democratic institutions elsewhere.
Key Findings
The report identifies several critical challenges.
- Barriers to accessing justice, including underfunded legal aid and court systems, leading to delays and inequities
- Rushed policy and legislative processes, including the use of urgency and Amendment Papers that bypass public consultation
- Poorly designed laws, which reduce legal clarity and predictability
- Threats to judicial independence, and the separation of powers
- Emerging risks from automated decision-making (ADM) systems lacking transparency and oversight
- Low public awareness of the rule of law and its significance
“These issues can undermine transparency, reduce the quality of legislation, and weaken democratic accountability,” says Law Society President Frazer Barton.
A Shared Responsibility
The report is the culmination of consultation with lawyers, academics, and stakeholders across the country, and makes 78 recommendations to address systemic challenges, including:
- increased funding for legal services
- improvements to legislative processes to enhance transparency and scrutiny
- stronger safeguards around ADM systems
- improved public legal education
Barton warns, “Without deliberate action and adequate investment, public confidence in the justice system—and the principle that all are equal before the law—will continue to erode.”
Why It Matters
Transparency and accountability are central to the rule of law. This report is a timely reminder that protecting the rule of law requires vigilance, investment, and bipartisan commitment.
The Law Society supports efforts to strengthen legal safeguards and promote civic awareness. Upholding the rule of law is essential to combating corruption, ensuring justice, and maintaining trust in public institutions.
The full report is available on the Law Society’s website.
