The members of Kānuka Chambers are committed to a work environment in which everyone is safe, treated with dignity, respect and courtesy, and encouraged to thrive. The purpose of this policy is to ensure that those commitments are met.

This policy applies to all professional work undertaken by the members of Chambers regardless of where, and in what medium, it takes place, and also to work events (such as conferences, training, and work-based activities). It covers other people working professionally as part of the practice of any member of Chambers including barristers, junior barristers (both employed and on contract), and members of staff.

The members of Chambers have a responsibility when acting in their professional capacity to treat all persons with respect and courtesy. They must refrain from engaging in unacceptable behaviour and they will take active steps to protect those working with and around them. In some circumstances, they will need to report unacceptable behaviours to the Law Society.

Bullying, discrimination, harassment, racial harassment, sexual harassment, and violence (unacceptable behaviour) will not be tolerated by the members of Chambers. The members of Chambers will not engage in such conduct, and they will conduct their law practice in a manner which seeks to protect others from unacceptable behaviour.

If you believe that anyone covered by this policy has engaged in unacceptable behaviour you can raise the matter with that person informally in the first instance, or with any member of Chambers. If your complaint is about that member of Chambers, they can provide you with the name of an independent person who can handle the complaint. If your complaint is about someone else, each member of Chambers is committed to dealing with the complaint impartially and to agree with you an appropriate response which could include an informal resolution, a formal complaint leading to an investigation, or referral to an independent mediator.

You can discuss the matter with a trusted person who is willing to support you to raise a concern and/or test your perception of events. This could be a union or legal representative, colleague, or friend. If you are a lawyer, you can discuss the matter with a member of the National Friends’ Panel of the New Zealand Law Society. (1) You will be entitled to seek your own independent legal advice and/or counselling before you decide how you wish to proceed with any complaint.

Unacceptable behaviour is prohibited by rule 10.3 Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 and may amount to unsatisfactory conduct or misconduct in breach of the Lawyers and Conveyancers Act 2006. You are entitled to make a complaint to the New Zealand Law Society through its Lawyers Complaints Service if you believe this rule has been breached.

Each member of Chambers will need to notify the Law Society if they believe the conduct complained about may be misconduct, or if the person complained about receives a written warning or leaves chambers as a result of the complaint. This requirement is subject to the members of Chambers’ obligation to protect privileged communications. They can notify the Law Society in a confidential manner subject to exceptions contained in the Protected Disclosures Act 2000 and the Lawyers and Conveyancers Act 2006.

The members of Chambers are committed to ensuring that no one who makes an allegation of unacceptable behaviour in good faith, or anyone connected to the complaint, should be subjected to any detriment or disfavour as a result.

(1) https://www.lawsociety.org.nz/professional-practice/practising-well/national-friends-panel/.