Navigating New Zealand’s Legal System & Culture
I was recently recognised as one of New Zealand's most influential lawyers. During an interview with Kim Campion (NZ Lawyer/Key Media), I was asked, “How do you navigate and leverage the country's unique legal system and culture to achieve successful outcomes for your clients?” I set out my response below and hope that it can be of some value to those reading this article.
New Zealand’s population is a melting pot of cultures, “Aotearoa New Zealand's ethnic communities are an incredibly diverse group, representing over 200 ethnicities and speaking over 170 languages.”
In a practical sense, achieving successful outcomes for clients demands that I place great importance on creating relationships with them based on mutual respect. Such respect allows me to more deeply appreciate my clients' cultural challenges and differences in an ever-changing environment.
Self-Reflective Questions for Counsel
Cultural sensitivity requires unique skills for affirming diversity and embracing the values of people from diverse backgrounds. To practice cultural sensitivity, I often ask myself the following self-reflective questions:
How is my perception different from my client’s?
Have I identified my client’s specific needs?
Did my client understand what I said?
Where can I grow in my cultural understanding of my clients?
Strategies to help clients feel understood and accepted
The following empowering strategies have assisted me personally in making clients feel understood and accepted:
Using inclusive language in written material and verbal discussions.
Ask each client for their preferred pronouns to avoid gender discrimination.
Learn the proper pronunciation of each client’s name.
Know the names of cultural or diversity-related organisations in your community to connect others with or refer clients to for more help.
Arrange a translator for culturally and linguistically diverse clients.
Diverse Socio-Economic Backgrounds
To practice successfully in the Criminal Law field, I have had to understand, appreciate, and work with clients from all walks of life. Some encounter numerous obstacles and hardships, while others benefit from more support, opportunities, and advantages. Acknowledging these inequalities is crucial as it fosters empathy and comprehension by highlighting the differing starting points and challenges individuals confront. Ensuring that there is empathy in my daily practice has led to a better understanding of how to serve my clients better.
Te Ao Mārama framework
Judges actively advocate for rehabilitation programs like non-violence programs, drug and alcohol treatment, and mental health programs for individuals facing sentencing. Additionally, lawyers proactively coordinate with relevant services to help their clients participate in court-directed counselling, previously handled by the Probation Service and Parole Board.
In 2020, the Judiciary introduced best practice guidelines under the Te Ao Mārama framework, which means "the world of light." This framework promotes a more enlightened approach to justice in the District Court, where judges are encouraged to delve into the circumstances that led the individual to their current situation and address these underlying causes. I welcomed the transformative Te Ao Mārama initiative as I have witnessed that sincerely remorseful clients who express a genuine willingness to undergo rehabilitation have achieved positive sentencing outcomes.
The Te Ao Mārama framework encouraged the increased use of cultural factors in sentencing. On 8 February 2024, the government announced the cessation of funding for cultural reports used in sentencing. My experience as a cultural report writer will ensure that a client is not disadvantaged by this when I incorporate cultural factors in my client’s sentencing submissions, as I have always done. In my view, culturally sensitive legal representation is essential in light of the diverse cultural richness of New Zealanders. A testimonial I received from a former client highlights the importance of this:
"Having known Anjeet Singh for nearly a decade, I know how driven and passionate she is about her work as a lawyer.
I contacted Anjeet Singh after being charged with a serious criminal offence. Looking back, it was the best decision I could have ever made.
Remembering my past is not my favourite subject, but Anjeet was gentle, yet skilful, in her questioning as my affidavit and submissions for a discharge without conviction application took shape.
Speaking to a woman - particularly a woman of colour, really helped. I felt safe discussing very personal issues with Anjeet.
When I saw the affidavit Anjeet drafted for me, I recall thinking it was the first time someone had accurately described 'my story'. Her work was specific to me and the cultural experiences that had shaped my way of thinking and behaviour.
I sincerely believe that the quality of Anjeet Singh's work was instrumental in the Judge's decision to grant me a discharge without conviction. For that, I will be eternally grateful. She is the best lawyer I have ever encountered. I was blessed to have her by my side during my case."
- E.R
