Daniels

[2021] NZHC 1565

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2021-404-1056

[2021] NZHC 1565

IN THE MATTER

of the Lawyers and Conveyancers Act 2006

AND

IN THE MATTER

of an application by PHILIPPA

CATHERINE DANIELS for an order that she may appear as an advocate before the High Court of New Zealand

Hearing:

On the papers

Counsel:

D M Law for Ms Daniels

S L Inder for the New Zealand Law Society

Judgment:

29 June 2021

JUDGMENT OF JAGOSE J

This judgment was delivered by me on 29 June 2021 at 10.00am.

Pursuant to Rule 11.5 of the High Court Rules.

………………………… Registrar/Deputy Registrar

Solicitors:

Law & Associates, Auckland

New Zealand Law Society, Wellington

RE DANIELS [2021] NZHC 1565 [29 June 2021]

[1] As duty judge, I have Ms Daniels’ originating application she be permitted to appear as an advocate in relation to proceedings she has managed for her employer, a firm of solicitors, for hearing this year (and as early as next month). Otherwise, her provision of such legal services without holding a current practising certificate would be an offence against s 21 of the Lawyers and Conveyancers Act 2006.

[2]                 Ms Daniels has been a practising barrister in England and Wales since 1997. She came to New Zealand in 2018, nominally on a post-graduate sabbatical from her London chambers, and since has been awarded a Master of Laws degree from the University of Auckland. She is seeking permanent New Zealand residence, from which she hopes to practice here.

[3]                 Ms Daniels planned to qualify for admission to the New Zealand bar by sitting the requisite examinations last year. That was delayed by measures then and again this year to manage COVID-19 in the community, with the result the proceedings have come up for hearing before completion of her practice requirements. There seems little doubt Ms Daniels will complete her practice requirements in due course, which appears to be during the balance of this calendar year. Her prior experience and references stand her in reasonable stead to obtain this Court’s audience.

[4]                 The New Zealand Law Society, continued under the Act to control legal professional practice,1 does not oppose permission being granted and abides my decision. Public confidence in the provision of legal services, and protection of its consumers here,2 therefore must be thought unaffected by the granting of permission. This Court also is more likely to be assisted — and the proceedings in which she would act more  likely  justly,  speedily  and  inexpensively  determined3  —  by  having  Ms Daniels appear as advocate rather than late-briefed alternate counsel. But that only is to accommodate the impact of the delay, rather than being an open invitation so to act.

1 Lawyers and Conveyancers Act 2006, ss 63 and 65.

2      Section 3(1)(a)–(b).

3      High Court Rules 2016, r 1.2.

[5]                 I therefore grant Ms Daniels permission to appear in this Court as an advocate in proceedings on which her employer’s firm is instructed to be heard during the balance of this calendar year.

[6]                 Given that determination, I vacate the call of this application in the duty judge list on 30 June 2021.

—Jagose J