By now you should have received a letter thanking you for your membership in 2003, enclosing an invoice and reminding you to renew your membership for 2004. The Section’s financial year starts on 1 December 2003.

The Family Law Section has gone from strength to strength this past year. Not only has it grown as a national voice promoting and advocating the interests and rights of families and children affected by the law, but it has also achieved a record membership of over 780.

This past year the Section has maintained a high profile. The biennial Family Law Conference was the most successful conference yet. A lot of Section time and effort has gone into the Care of Children Bill and Section members have continued to feature frequently in judicial appointments. Vivienne Ullrich QC, Jackie Moran, Paul Geoghegan and Executive member Tim Druce were appointed to the Family Court Bench. Philip Recordon was appointed to the District Court Bench.

This year Section members unanimously voted in favour of increasing the number of Executive members from eight to nine and the term of office from two years to three. This did not change the number of years that a member can continuously sit on the Executive – that is six years.

The need for the change has become obvious. The task of an Executive member can be good fun and very rewarding but it is also hard work and the additional member will be greatly appreciated. Previously there was the potential for half the Executive (four) members to change each year. This meant a huge loss of institutional knowledge and skill. Now only a third, of the Executive (three) will be replaced in any one year.

Executive members tend to be senior partners or barristers. They have excellent skills in family law, lots of life experience, strong beliefs and self confidence, an interest in the political aspects of the job and lots of motivation. They have to develop a strong following, have the ability to influence people, and lobby constantly for the Section. They need to have the courage of their convictions before their peers and be prepared to take the flak when necessary.

Even those who are ideally suited have found it is a steep learning curve and most of the first year on the Executive is spent getting up to speed and finding their feet, or place on the Committee. It is in the second year that new members start to show their worth. To have to stand again at the end of that year is very distracting.

Many of the Section’s initiatives are long term projects so are often more than a year in the planning and execution. If the Executive members responsible decide not to stand again or are unsuccessful it is a set back for the Section. The increase of the term of office from two to three years will solve many of these problems.

There will be changes on the Executive in April 2004 as three members will have completed their terms of office on 1 April 2004. Two of these, Jeremy Daley (Christchurch), and Nicola Williams (Dunedin), were co-opted to replace Executive members who could not complete their term of office. They are both eligible for re-election. Simon Maude (Deputy Chair, Wellington), completes his second term of office on 1 April 2004 and will also be eligible for re-election.

Progress in 2003

As well as the Care of Children Bill the Section has made submissions or contributed to submissions on the Judicial Matters Bill, the Supreme Court Bill, and the Chair, David Burns joined an NZLS advisory group on the Lawyers and Conveyancers Bill. As well the Section responded to IRD proposals to amend legislation on Child Support, the Ministry of Justice Legal Aid Eligibility Review and the Law Commission’s paper Seeking Solutions. The Section provided a representative on the Ministerial Working Party to review the Civil fees and on Judge Mahony’s informal Family Court Rules Committee. The Section continues to work with the judiciary on its review of the PPPR Act and on review of the Practice Notes for Counsel for the Child. The Section has prepared its own guidelines for Counsel for the Child when dealing with schools and a draft guide for schools is awaiting approval from the Ministry of Education.

Legal Aid issues have been numerous. The Section has worked with the NZLS Legal Services Committee to prepare a survey of legal aid practitioners. The survey may provide details of the areas where the Agency’s approach is causing considerable dissatisfaction and the evidence to support a call for change. As well as general liaison with the Agency the Section was consulted on the Agency’s review of family steps, complex file management, the feasibility of an Agency in-house family practice, random audits of family legal aid practitioners and the Agency’s business plan.

Politicians who attended Executive meetings were Hon Lianne Dalziel, Associate Minister of Justice, United Future Party members Judy Turner, Murray Smith and Larry Baldock. Russell Fairbrother will attend the November meeting.

Issues for 2004

This is not a comprehensive list of the Section’s achievements over 2003 but will give an idea of the breadth and number of matters covered. The new year will undoubtedly bring more legal aid issues, more legislation: the review of the Adoption Act, possible changes to the PPPR Act, the Civil Union Bill, a comparison Legal Recognition of Adult Relationships Omnibus Bill and possible repeal of section 59 Crimes Act 1961(domestic discipline). The Section has instigated the establishment of a Maori Consultative Group and will start to see its effect in the year ahead. The new CLE body will commence in 2004. The Section has a director on its Board.

Please rejoin for 2004

In order to remain a member for 2004, please ensure that you send us your membership fee by 20 December 2003. The fees have not increased since last year. Under Section Rules membership ceases if the annual membership fee remains unpaid for two calendar months after the due date for payment.

The continued success of the Section depends on the level of support of its members. Whilst not all members can contribute to the same degree as others, every member will benefit from the activities of the Section, both directly and indirectly. Each member’s support is crucial. Please rejoin for 2004 and encourage others to do so too.

If you have any queries or suggestions as to how the services offered to members can be improved, please contact Sarah Spears, the Section Manager on (04) 915 1296 (email sarah.spears@lawyers.org.nz).