RE DANIELS [2021] NZHC 1565

RE DANIELS [2021] NZHC 1565 [29 June 2021]IN THE HIGH COURT OF NEW ZEALANDAUCKLAND REGISTRYI TE KŌTI MATUA O AOTEAROATĀMAKI MAKAURAU ROHECIV-2021-404-1056[2021] NZHC 1565IN THE MATTER of the Lawyers and Conveyancers Act 2006ANDIN THE MATTER of an application by PHILIPPACATHERINE DANIELS for an order thatshe may appear as an advocate before theHigh Court of New ZealandHearing: On the papersCounsel: D M Law for Ms DanielsS L Inder for the New Zealand Law SocietyJudgment: 29 June 2021JUDGMENT OF JAGOSE JThis judgment was delivered by me on 29 June 2021 at 10.00am.Pursuant to Rule 11.5 of the High Court Rules.Registrar/Deputy RegistrarSolicitors:Law & Associates, AucklandNew Zealand Law Society, Wellington[1] As duty judge, I have Ms Daniels' originating application she be permitted toappear 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, herprovision of such legal services without holding a current practising certificate wouldbe 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 herLondon chambers, and since has been awarded a Master of Laws degree from theUniversity of Auckland. She is seeking permanent New Zealand residence, fromwhich she hopes to practice here.[3] Ms Daniels planned to qualify for admission to the New Zealand bar by sittingthe requisite examinations last year. That was delayed by measures then and again thisyear to manage COVID-19 in the community, with the result the proceedings havecome up for hearing before completion of her practice requirements. There seems littledoubt Ms Daniels will complete her practice requirements in due course, whichappears to be during the balance of this calendar year. Her prior experience andreferences stand her in reasonable stead to obtain this Court's audience.[4] The New Zealand Law Society, continued under the Act to control legalprofessional practice,1 does not oppose permission being granted and abides mydecision. Public confidence in the provision of legal services, and protection of itsconsumers 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 wouldact more likely justly, speedily and inexpensively determined3 — by havingMs Daniels appear as advocate rather than late-briefed alternate counsel. But that onlyis to accommodate the impact of the delay, rather than being an open invitation so toact.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 advocatein proceedings on which her employer's firm is instructed to be heard during thebalance of this calendar year.[6] Given that determination, I vacate the call of this application in the duty judgelist on 30 June 2021.—Jagose J