The New Zealand Bar Association | Ngā Ahorangi Motuhake o Te Ture recently conducted further research revealing women lawyers remain markedly under-represented as counsel in the Court of Appeal and Supreme Court. Disappointingly the research confirmed there has been no improvement since the previous reviews.

The research is set out in a report prepared by Nura Taefi KC and Kelly Quinn KC of the Bar Association’s Diversity and Inclusion Committee. The report confirms that despite an increase of women in the profession rising from 45 per cent in 2012 to 55 per cent in 2023 and several initiatives introduced by the profession specifically to address gender inequality, the percentage of women appearing as lead counsel over the last four years is 30 per cent for the Court of Appeal and 26 per cent for the Supreme Court.

The data shows that the percentage of women leading cases before the higher courts has not increased in any meaningful way over the past 12 years. If anything, with the increased proportion of women in the profession, the gender inequality in appearances by counsel is more striking.

At an event to mark the release of this third report on appearances as counsel by women, Bar Association President Paul David KC said that the research gives cause for concern. “The Bar Association stands for a strong independent Bar that will provide access to justice for all New Zealanders. To do this we need talented lawyers to join the Bar. Arguing an appeal in the higher courts is an important and very rewarding part of the work of any advocate. Young barristers aspire to do this work.”

Mr David noted that the statistics in this report could be discouraging for women contemplating a career at the Bar. “The data for the past 12 years shows an ongoing situation. We would like to do more work to understand the reasons for the figures.”

Background

The Bar Association has surveyed the appearances of women in the Court of Appeal and Supreme Court in 2018 and 2020 (both in association with the Law Foundation). The 2024 Report was funded by the Bar Association on its own. The research now covers the years 2012 to 2023.

The work on the ratio of appearances by women was undertaken in response to concerns from both members and the courts that despite the growing number of women at the bar, this growth was not seen in appearances in the higher courts. The aim of the project was to inform discussion about women’s representation in the higher courts and encourage steps to address this issue.

The research is supervised by members of the Bar Association’s Diversity and Inclusion Committee.

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