The New Zealand Bar Association’s latest report on the gender ratio of counsel in higher courts highlights a persistent issue of underrepresentation of women who make up 55 percent of the legal profession as of 2023, but remain significantly underrepresented as lead counsel in both the Court of Appeal and the Supreme Court.
Over the past twelve years, the proportion of women appearing as lead counsel in the Court of Appeal has remained relatively unchanged at around 28 percent.
NZ Bar Association President Paul David KC (pictured) expressed the Association’s disappointment at the figures.
“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.”
In the Supreme Court, the figure ranges from 19 percent to 31 percent, averaging 25 percent over the same period. This lack of progress is concerning, especially given the increasing number of women entering the profession.
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One notable trend is the “Crown Law effect,” where Crown Law consistently instructs female counsel, significantly impacting the overall statistics.
When Crown Law cases are excluded, the percentage of women leading cases drops dramatically, from 30 percent to 22 percent in the Court of Appeal and from 26 percent to 16 percent in the Supreme Court.
It is apparent that without Crown Law’s involvement, the gender disparity would be even more pronounced.
Women are more likely to appear as lead counsel in criminal appeals than in civil cases. In criminal appeals, they lead around 39 percent of cases in the Court of Appeal and 38 percent in the Supreme Court.
However, in civil cases, this figure drops to 19 percent in both courts. Additionally, women are more likely to appear for the respondent than the appellant, with higher representation in respondent roles across both courts.
The report also notes that despite various initiatives aimed at improving gender balance, such as the Gender Equality Charter and the Gender Equitable Engagement and Instruction Policy, there has been little improvement.
The ongoing underrepresentation of women in senior roles and as lead counsel in higher courts underscores the need for more effective action to address these disparities.
The study emphasizes the importance of continued efforts to ensure more equitable representation of women in the legal profession, particularly in senior roles. It highlights the need for further research into the reasons behind this persistent gender disparity and for more impactful strategies to address it.
