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Statement by New Zealand Council of Legal Education
Regulations Review Committee Report on the Council's Professional Examinations in Law (Tikanga Māori Requirements) Amendment Regulations
On 17 April 2024, Gary Judd KC made a complaint to the Regulations Review Committee about the Professional Examinations in Law (Tikanga Māori Requirements) Amendment Regulations (the Regulations), made by the New Zealand Council of Legal Education (the Council) under section 278 of the Lawyers and Conveyancers Act 2006. The complaint alleged that the Regulations should be drawn to the attention of the House under Standing Orders of the House of Representatives (the Standing Orders) 327(2)(a), (b) and (c).
The Regulations Review Committee agreed to investigate the complaint relating to Standing Orders 327(2)(b) and (c) and also 327(2)(i), following a further submission from Thomas Newman. The Council made a submission on Friday 14 June 2024 and the Regulations Review Committee held oral hearings on 16 October 2024.
The Regulations Review Committee has now issued its final report on 4 April 2025 and recommended that the House take note of its report. The report concluded:
We thank the complainant and submitters for their engagement with this committee. We do not consider that the amendment regulations trespass unduly on personal rights and liberties or require elucidation. However, we have resolved, by majority, to partially uphold the complaint on the grounds of Standing Order 327(2)(c) - that the regulations make unusual or unexpected use of powers.
It is the view of the majority of the committee that it was an unusual and unexpected use of the Council of Legal Education's powers granted to it by Parliament to require tikanga to be taught as a compulsory component of every other compulsory law subject where relevant. There is no precedent for this, and no other compulsory law subject that is not only a standalone compulsory law subject, but also a compulsory component of every other compulsory law subject. By definition that is unusual and unexpected, and the majority of the committee is of the view that this aspect of the regulations should be disallowed.
For the sake of clarity, the majority does not take issue with the Council of Legal Education using the powers granted to it by Parliament to require tikanga to be taught as a stand-alone compulsory law subject, for the reasons outlined elsewhere in this report.
If the House determines that further consideration should be given to amending the amendment regulations, the House has a statutory power to do so by passing a resolution to this effect. In Appendix B of our report, we outline the process for how such a power could be used. For completeness, we also describe the process for disallowance of secondary legislation in Appendix B.
A link to the report is here
The Council is monitoring for any further developments in Parliament which affect the Regulations, and will update the website if needed.
The Council will not be issuing further comment at this stage.
7 April 2025
Trans Tasman Mutual Recognition Admission Regulations 2008
The Regulations Review Committee interim report dated 4 April 2025 into the Complaint about the Trans-Tasman Mutual Recognition Admission Regulations 2008 stated, in resolving to uphold the complaint of Mr Little only under Standing Order 327(2)(i), that “We note that the NZCLE has indicated that it intends to amend Schedules 1 and 3 of the regulations.”
The Council is in the process of amending Schedules 1 and 3 of the regulations.
Section 278(3) of the Lawyers and Conveyancers Act 2006 provides that “The Council may not make regulations under this section unless the Minister has approved the proposed regulations.” Thus, any proposed amendment to the regulations will require the approval of the Minister of Justice before they are made (as was the case with the 2008 regulations).
9 April 2025
Work of the Council
The Council is an independent statutory body. The general activities of the Council concern public interest and regulatory matters and centre on the Council's responsibilities for the quality and provision of education and practical legal training that is required to be undertaken by any person either within New Zealand or from overseas wishing to be admitted as a barrister and solicitor of the High Court of New Zealand.
These general activities include:
- Defining and prescribing courses of study for the examination and practical legal training of persons wishing to be admitted as barristers and solicitors in New Zealand
- Arranging for the provision of those courses of study
- Arranging for the moderation and assessment of those courses of study
- Delivery of practical legal training
- Assessment of qualifications particularly those of overseas law graduates and legal practitioners wishing to practise in New Zealand
- Arranging for the provision of research as necessary, and tendering advice on legal education
- Administering and conducting certain examinations required to be taken by some overseas and other applicants.
Professional Legal Studies Course: Access to Student Loans and Allowances
September 2024 Update
The re-classification of training providers by the Government in 2022 meant that the Professional Legal Studies course (known as Profs) needed to be developed as a Qualification on the NZ Qualifications and Credits Framework, in order to ensure continued access to student support (loan/allowances) beyond December 2024.
The New Zealand Council of Legal Education, as the statutory regulator of pre-admission legal training, worked with the relevant government education agencies to progress this. As required by the relevant legislation, this process, involving an application to the New Zealand Qualification Authority (NZQA) for listing as a Qualification on the NZQCF, was progressed with the assistance and endorsement of a Workforce Development Council (WDC), Ringa Hora, being the relevant WDC for the legal profession. While WDCs were recently established as part of the Government's vocational education reforms, Ringa Hora's staff are experienced in working with NZQA and the sector.
The Council worked with Ringa Hora, and with both existing providers of the PLSC, to bring this about as smoothly and quickly as possible through the required New Zealand Qualifications Authority application process. This was assisted by the PLSC not being a new course being developed, but an existing a well-established course governed by the NZCLE Regulations and successfully delivered by the College of Law and Institute of Professional Legal Studies. The process through Ringa Hora involved taking that course and seeking approval for it to be listed as a 'Qualification' for the purposes of the New Zealand Qualifications and Credit Framework. This involved a writing group, with a wider group of interested parties and a consultation phase with key stakeholders.
NZQA approved the application for the listing of the Qualification in February 2024 and it now appears on the NZQCF as Certificate in Professional Legal Skills. The existing providers, College of Law NZ, and Institute of Professional Legal Studies (which is the Council's provider arm) have been approved to offer the Qualification. Trainees will continue to be able to access student loans and allowances beyond 2024.
New Tikanga Māori requirements
From 1 January 2025, the New Zealand legal education curriculum will include requirements for the teaching and assessment of Tikanga Māori |Māori Māori Laws and philosophy.
FAQs about the new requirements:
What are the new requirements?
- There will be a new compulsory law course on Tikanga Māori (Māori Laws and philosophy).
- The existing compulsory law courses will also include relevant content on tikanga Māori (Māori laws and philosophy).
The existing compulsory law courses are:
- The Legal System
- Public Law
- Contracts
- Torts
- Criminal Law
- Property law (or Land Law and Equity and Succession)
- Legal Ethics
What will this mean for New Zealand law students?
If you enrolled in the LLB before 1 January 2025, you will only need to complete whatever courses your university requires to obtain the LLB. Ask your Law School if you have any questions about what this means in your situation.
If you enroll in the LLB after 1 January 2025, you will need to complete the new requirements [link to FAQ What are the new requirements] to obtain the LLB.
What will this mean for people who already hold a New Zealand law degree?
New Zealand LLB holders seeking admission to the High Court can apply to the Council for a Certificate of Completion to show they have met all the educational requirements to be a lawyer.
If you apply for a Certificate of Completion before 1 January 2025, you will not have to complete the new requirements.
If you apply for a Certificate of Completion after 1 January 2025 and your 'qualifications for admission' are current - meaning they are less than 10 years old at the time you apply - you will not have to complete the new requirements.
If you apply for a Certificate of Completion after 1 January 2025 and your 'qualifications for admission' are stale - meaning they are more than 10 years old at the time you apply - the Council may require you to complete the new compulsory law course on Tikanga Māori (Māori Laws and philosophy) (in addition to other study or training).
'Qualifications for admission' are:
- a New Zealand LLB (or LLB with Hons)
- any compulsory law course
- the Professional Legal Studies Course. For more information about Stale Qualifications click here.
What will this mean for overseas lawyers and graduates?
Overseas lawyers and graduates seeking admission to the High Court of New Zealand can apply to the Council for an assessment of their qualifications.
If you apply for an assessment before 1 January 2025, you will not have to meet the new requirements, unless the Council's assessment, or the study or training you were required to complete under that assessment, have become stale - meaning they are more than 10 years old.
If you apply for an assessment after 1 January 2025, the Council may require you to complete the new compulsory law course on Tikanga Māori (Māori Laws and philosophy) (in addition to other study or training).
For more information about Overseas Law Qualifications click here.
For more information about the legislation under which the Council operates, please see the About Us page
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