Criminal Bar Association of NZ Inc - Primary Functions, Activities and Past Achievements

Primary Functions, Activities and Past Achievements

The objectives of the Association are set out in the Rules of the Criminal Bar Association of New Zealand Inc which are posted on this website. The Association was incorporated on the 20th September 1984. The first membership list was of about 40 to 50 members.

The rules require that the Association be involved in matters of discipline and the setting of standards for counsel at the criminal bar. Therefore high standards of ethics and professionalism are demanded of members of the Association both in their performance at the bar and in the management of the Association. Since its incorporation, the Association has been led by some of the most influential members of the criminal bar. These leaders have conferred on the Association a reputation for integrity of which the Association has reason to be proud. As a consequence the Association has gone from strength to strength. The present membership is as follows: Auckland 114; Hamilton 3; Bay of Plenty 7; Northland 1; Wellington 8; Palmerston North 1; Nelson 2; Dunedin 3; Queenstown 2. The membership includes Judges of the High Court and District Courts, Queens Counsel, a JP, University Law School staff, prosecutors and defence counsel.

The current full membership fee is $135.00/yr. These monies are used to promote the activities of the Association. The standing of the Association in New Zealand society is now established as demonstrated by the opinion of the Association being regularly sought by Government, the Courts and the Public alike on a wide range of matters affecting criminal law. The first president of the Association was Peter Williams QC. The late Ray Stapleton was the secretary. From the outset the Association has endeavoured to supply comity amongst criminal lawyers and to provide a common front in dealing with important criminal issues of public interest. Under its Rules the Association has operated on a committee basis organising regular committee meetings and special meetings, symposia and public gatherings on important topics of criminal law. An example of a public meeting organised by the Association was the cannabis debate held in the Auckland Town Hall in 1985. The Town Hall was packed.

The Association has spoken and speaks regularly through its members and particularly through the President to the media on criminal law reform issues in particular minimum non parole periods in 2003. Peter Williams QC as a member of the Association has spoken regularly on radio and also appeared on topics of central importance to the public. From about 1984 through to 1990 the Association met at the Press Club in Albert Street, Auckland at which time a guest speaker, such as Arthur Allan Thomas, would address the meeting which was then made available to the Auckland Star and the New Zealand Herald.

The current President, Robin Brown, has spoken on Radio Pacific about the abolition of the Privy Council, on Triangle TV regarding legal reform affecting serious sex offenders and on Radio New Zealand about reform of Court structures. Previous presidents have all played a similar role in speaking on important legal issues to the public. Open public discussion on matters of criminal law is a foundation principle of democracy which the Association at all times endeavours to uphold.

Over the years the Association has, through various media and at meetings, reminded the public that while there is an argument in favour of longer sentences as a reaction to horrific crimes, rehabilitation aspects should be kept to the forefront of the principles of sentencing. In this respect the Association adopts a reasoned approach to the process of sentencing thereby providing to the public a valuable resource to assist in the forming of opinions. The report from the President’s (Richard Earwaker) Report published in the December 2000 Acquitalk highlighted the work of the Association in the public interest. The report stated:

“An enormous amount of time and energy was spent opposing the Bill (Legal Services Bill) in the form that it was originally tabled… The Bill did become law, but not before some significant amendments were made…”

“It is also satisfying to see that the Association continues to be approached for comment and input on important issues that affect criminal practitioners. This includes approaches from the Judiciary, the Law Commission, the New Zealand Law Society, the Auckland District Law Society, media and other agencies.”

“To continue to be an effective voice, it is important that the Association strive towards being a truly national body, rather than a mainly Auckland based one.”

The importance of the work of the Association in the public interest was further highlighted in the President’s Report published in the December 2001 edition of Acquitalk. Richard Earwaker as outgoing president stated:

“As I previously observed, it seems that more and more frequently our Association is being called upon to comment on proposed changes to, and developments in, the criminal law. This is a time consuming process….”

In summary the Association has given the criminal bar a public profile that was hardly existent in early 1980s except for a few outspoken barristers who took it upon themselves to speak to the media. The Association is now widely recognised as a responsible organisation possessing within its ranks a fund of experience and knowledge on which the public may draw. Criminal barristers are only as good as the experience, skill and knowledge they possess. The exchange of knowledge with other jurisdictions is also in the public interest. Association has through its own initiatives and with the assistance of the Australian Criminal Bar Association organised congresses on criminal law which have had a high profile with the media.

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