Koyama v New Zealand Law Society

Tatsuhiko Koyama sought leave to appeal to the Court of Appeal against a decision of Dobson J, which dismissed his appeal against the New Zealand Law Society. The Society had refused to provide Koyama with a certificate of character in 2006. Koyama argued that this was discriminatory and pursued a complaint against the Canterbury District Law Society through the Human Rights Review Tribunal. The Tribunal found it lacked jurisdiction, which was upheld by Dobson J. Koyama sought leave to appeal to the Court of Appeal, which was denied by Justice Kós.

The primary legal issue was whether the transitional provisions in the Lawyers and Conveyancers Act 2006 permitted Koyama to pursue grievances about the conduct of the Canterbury society in 2006 against the New Zealand Law Society. Justice Kós found that the only relevant appealable issue was the Tribunal’s decision on jurisdiction. The transitional provisions of the Act provided that only “proceedings pending” against a district society as at 31 January 2009 could be continued against the New Zealand Law Society. Since no proceedings were pending against the Canterbury District Law Society, the Tribunal had no jurisdiction to hear and adjudicate upon Koyama’s claim against the Society. The position advanced by Koyama was not capable of a bona fide and serious argument.

Justice Kós also found that the appeal did not involve an interest of public or private importance. The Canterbury District Law Society had been dissolved, and any wrong done to Koyama must substantially have been remedied when he was granted a certificate of character by another district law society and admitted as a barrister and solicitor of the High Court in May 2007. The interest was the perpetuation of a grievance arising out of events that occurred in Koyama’s dealings with the dissolved Canterbury society six years ago.

Leave to appeal denied. The respondent is entitled to costs.