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Endnotes

[1] The terms "legal system" and "justice system" are used interchangeably in this study. Both refer to the system (of laws, legal procedures and other processes) by which law is made and upheld.

[2] The median income is the income earned by the middle person in the group. Therefore, half of the group earn less than the median amount and half earn more than that amount.

[3] The relevant prohibited grounds of discrimination are those of sex (which includes pregnancy and childbirth), marital status and family status (Human Rights Act 1993, s 21(1)(a), (b) and (l)).

[4] For an account of the evolution of the substantive equality approach, see eg, Mahoney (1993), especially 120_128; Graycar and Morgan (1990), chapter 3; and the Hon CA Fraser CJA (1997), especially 8_15 and 35_41.

[5] For example, by 1993, in the United States, some 38 States had conducted gender bias inquiries by means of taskforces led by the judiciary. See, for example, Women in the Courts New York Taskforce (1986); Gender and Justice in the Courts Washington State Taskforce (1989); Justice for Women Nevada Supreme Court Gender Bias Taskforce (1989); Final Report Gender Bias Taskforce Wisconsin Equal Justice Taskforce (1991). The first Federal inquiry was reported in The Effects of Gender in the Federal Courts, the Final Report of the Ninth Circuit Gender Bias Task Force, July 1993. Relevant reports in Canada include the Report of the Gender Bias Committee Law Society of British Columbia (1992); Gender Equality in the Canadian Justice System Federal/ Provincial/ Territorial Working Group of AttorneysGeneral Officials (1992) and, in Australia, Gender Bias and the Judiciary, Senate Standing Committee on Legal and Constitutional Affairs (1994) and the Report of Chief Justice's Taskforce on Gender Bias (Western Australia, 1994). (For overseas and New Zealand reports on women in the legal profession, see chapter 8, notes 24 and 26 and para 648.)

[6] In addition to the prohibited grounds of discrimination listed in note 3, s 21 of the Human Rights Act prohibits discrimination on the grounds of religious belief, ethical belief, colour, race, ethnic or national origins, disability, age, political opinion and employment status.

[7] The Statistics New Zealand classification system is prioritised. Pacific Islanders includes the following groups: Samoan; Cook Island Mäori; Tongan; Niuean; Tokelauan; Fijian (except Fiji Indian/Indo-Fijian) and other Pacific Island groups.

[8] Asian includes the following groups: Filipino; Khmer/Kampuchean/Cambodian; Vietnamese; Other Southeast Asians (for example, Burmese, Indonesian, Lao/Laotian, Malay/Malayan, etc); Chinese (for example, Hong Kong Chinese, Kampuchean Chinese, Malaysian Chinese, Singaporean Chinese, Vietnamese Chinese, Taiwanese Chinese); Indian; Sri Lankan; and Japanese.

[9] "Other" ethnic groups include the Middle Eastern, Latin American/Hispanic and African groups. It should be noted that 4 percent (151 713 people) declined to specify their ethnicity. In the government's Report to the United Nations Committee on the Elimination of Discrimination Against Women, Status of Women in New Zealand 1998 (Ministry of Women's Affairs), it is said that Asians and "other" New Zealand residents, from some 50 ethnic groups, make up approximately 8 percent of the New Zealand population (4).

[10] The 1996 Household Disability Survey. Respondents to the survey were selected from the 1996 Census forms. A sample of 20 848 was selected and a response rate of 86 percent was achieved. After data editing, 17 548 responses remain in the dataset. Of these, 4100 people had a disability. Both adults and children were included in the survey. The data collected is the most comprehensive that has ever been available about New Zealanders with disabilities. A functional concept of disability was used in the survey and the definition adopted is the World Health Organisation (WHO) definition, which is the recommended international standard for data collection on disability.

[11] The median income is the income earned by the middle person in the group.

[12] This includes women who live in any of the following: onefamily household couple plus children plus others; onefamily household one parent plus children plus others; twofamily household, at least one with two parents; twofamily household both with one parent; twofamily household not further classifiable; three-or-morefamily households with or

without others.

[13] There are some tribunals or courts which permit appearances by non-lawyers (such as employment advocates in the Employment Court) and some tribunals from which lawyers are specifically excluded (such as the Disputes Tribunal).

[14] For example, the Wellington South Community Law Centre is providing paralegal training and a back-up reference manual for leaders in the various ethnic communities in Wellington, so that they may be resource people for their communities. Topics covered include legal aid, the New Zealand legal system, traffic, domestic violence and employment.

[15] The Census figures for lawyers per population are randomly rounded to multiples of three with the result that although the last four districts mentioned are recorded as having no lawyers at all in their population, each may have up to three lawyers.

Annual Report: Department for Courts for year ended 30 June 1998, 71

[16] The Report of the Legal Services Board for the year ended 30 June 1998 suggests a lower number of applications were granted. The board advises that 26 113 is the correct number of civil legal aid applications granted during the 1997/98 year.

Source: Legal Services Board Annual Reports and updated 1998 records

[17] At that time, a junior lawyer was one with up to two years' litigation experience, an intermediate lawyer was one with between two and five full years' litigation experience and a senior lawyer was one with at least five full years' litigation experience.

(AC Nielsen, MRL, 48)

[18] Other civil matters include administrative (including judicial review) proceedings, and matters relating to ACC, social security and insurance.

[19] This includes 51 mental health files, of which 26 (51 percent) involved a legally aided party.

[20] The board states that the different use of the terms "legal information" and "law-related education" in the Legal Services Act makes no practical difference to its workings. See NZLC MP4, paras 33 to 36.

[21] See also In Search of Justice: Te Whainga i Te Tika, (Report of the Advisory Committee on Legal Services), 1986, 5_6, 79.

[22] In its 1997 Annual Report, the Association attributed the 20 percent increase in consumer work to the phasing out and closure of the Ministry of Consumer Affairs' 0800 telephone line and predicted that, in the 1998 year, there would be an extra 40 000 consumer calls, which would double the bureaux' consumer workload over two years. ("Informing New Zealand", 1997, 3) The 1998 Annual Report records that between September 1997 and August 1998 the CAB 0800 service answered over 36 000 calls. (7)

(Reg 36, Legal Services Regulations 1991)

[23] The $41 000 and $82 000 limits match the value of the interests in joint family homes which are protected under the Joint Family Homes Act 1964, s 16(5).

Source: Department of Work and Income, February 1999

Source: Legal Services Board, February 1999

(AC Nielsen MRL 81)

[24] Overseas reports include Law Society of England and Wales, Equal in the Law, (London, 1988); Report of the Women in the Legal Profession Subcommittee Law Society of British Columbia, Women in the Legal Profession, (1991); Law Society of Saskatchewan, Canadian Bar Association, A Report on Gender and the Legal Profession in Saskatchewan (Saskatchewan Branch and College of Law, University of Saskatchewan, 1992); Law Society of New South Wales, Equal Opportunity Task Force Report (1992). For New Zealand studies see note 26.

[25] Figures supplied by New Zealand Law Society.

[26] Committee on Women, "Employment of Women in Legal Firms" Wellington, (1980); Auckland District Law Society, Report of the Working Party on Women in the Legal Profession (1981); Sargisson, "Women in the legal profession: a discussion of their changing profile", (LLB (Hons) dissertation 1982); Wellington District Law Society, Full Report: Women in the Legal Profession, (1983); New Zealand Law Society, Polls of the Profession and Public: Summary, (1987); Murray, "Women lawyers in New Zealand: some questions about the politics of equality", (1987) 15 International Journal of the Sociology of Law, 349; Gatfield, Without Prejudice: Women in the Law (Brooker's, Wellington, 1996); Morris J, Women's Experiences of the Justice System (1997) 27 VUWLR 649; New Zealand Law Society, Poll of Lawyers (1997), Gatfield, Towards 2000 _ Implementing EEO: EEO Management Plan Volume 2 _ Report (Auckland District Law Society and Equity Works Limited, Auckland, 1996).

* The 1998 Otago ethnicity figures will be inflated by the fact that students can specify up to three ethnicities, all of which are included in the figures supplied.

[27] There is provision for this to be waived in cases where a building is being altered.

[28] Sections 42 and 44. Broadly, the exceptions (s 43(2) and s 52) relate to situations in which it would be unreasonable to require special facilities or special services to be provided.

(E-DEC Final Report, 20_21)

(E-DEC Final Report, 21)

[29] This is the name given by the E-DEC report to the new body which it proposed should be created to assume responsibility for the regulation of lawyers' services, including responsibility for adopting and enforcing the code's provisions. Presently, the district law societies and the New Zealand Law Society share responsibility for determining complaints about lawyers' conduct.

[30] Although there is a lack of comprehensive data on this matter, recent research commissioned by the Department for Courts is helpful. The research included a sample study of 250 Family Court files in five areas, 165 being cases brought under the Guardianship Act 1968, and 85 being cases brought under the Children, Young Persons, and Their Families Act 1989 (CYPF Act). Defended hearings were held in 12 percent of the Guardianship Act cases and in 8 percent of the CYPF Act cases. (Gray and Martin, The Role of Counsel for the Child; Research Report, 1998, 2, 50) All cases in the study involved the appointment of counsel for the child and therefore were among the most likely to result in defended hearings.

[31] The assistance of Dr Anne Opie (Research Manager, Legal Services Board), particularly with the theoretical dimensions of this explanation, is gratefully acknowledged.