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Clients have told me they work with people being paid half the minimum wage; people working up to 14 hours a day without food breaks, sick leave, holiday pay. Also of the very widespread employer practices of paying staff under the table to avoid tax or to record staff working many less hours than they actually work so as to avoid paying tax. That affects the employee in many ways including access to accident compensation. Two years ago I acted for a new New Zealander who borrowed many tens of thousands of dollars from relatives back home to establish himself in a small takeaway franchise.

To cut a long story short the franchisor embraced him into the business, suggested he pay the money straight away so he could get started and said they could sort out the contract the following week. He tried to negotiate its terms. Within days of advising he would not sign without changes to the contract terms, my client was manhandled out of the premises by security guards and locked out.

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His money was not paid back to him. That happened 18 months later only after proceedings were filed and a hearing loomed.

I was about the eighth lawyer my client had contacted for help. The most vulnerable group in New Zealand, and the most stigmatised, are without a doubt income tested beneficiaries. There are increasingly large discretions held by WINZ officials largely without legal overview by independent lawyers.

The rule of law fades in such situations, even despite the best meaning and well intentioned officials. I have heard regular complaints of benefits being randomly cut off, without notice. And it taking weeks or even months and numerous phone calls or visits to WINZ offices to get them reinstated. Affected beneficiaries, including their children, who are already living a hand to mouth existence, are plunged into sudden dire poverty. Such behaviour on the part of a government department would have been unimaginable in New Zealand, even a decade ago.

One family I dealt with in November on another matter had three children under ten and were without any WINZ support other than two food grants - for months last year after the parents work stopped and the file passed between ACC and Winz. The benefit was finally paid after the landlady, who had issued an eviction order but then felt worried about their desperate plight, went down to the WINZ office with the client.

Miraculously a cheque for back payment of benefit was written out. Staff have so many discretions over beneficiary entitlements and beneficiaries are so dependent on their benefit to meet their most basic needs that the vast majority are too afraid to rock the boat. For several years now persons have been unceremoniously and unlawfully removed in droves from sickness and invalids benefits and subject to punitive job search conditions for which many are not equipped mentally or physically.

I am aware of some who have ended up off benefit entirely. They cannot access the Social Security Appeal Authority. Certainly the rules of natural justice appeared completely foreign to the MAB panel I sought to review judicially.

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But my proceeding never reached the courts. It was made impossible not to settle. One could sense the Ministry concern that a test case challenging the practices surrounding removal from benefit had to be avoided if at all possible. Clearly beneficiaries have no money to employ a lawyer. Most of the problems they encounter are not covered by legal aid. Some are lucky enough to have access to unpaid beneficiary advocates.

I suspect a very large number do not. It is extraordinary that in an area of major legal complexity, wide government discretions and deeply disempowered citizens that the Rule of Law is at its weakest. What is evident is that there is a huge middle and low income untapped legal market. There are many cases in these markets that can be financially viable.

For example one young lawyer with six years experience told me last year that she persuaded her firm to let her take a claim against an insurance company where the client was impecunious. The case was settled with full reimbursement to the firm and a very fair recovery for the client. Last year I offered a law graduate 20 hours work a week.

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Other barristers have made up the rest. He has enabled me to take on many more cases from the untapped market. He is having great fun, learning tremendous and varied skills and feels a sense of satisfaction. He has worked in contract, tort, employment, insolvency, bankruptcy, human rights, professional negligence, privacy. Yes the supervision is something I wanted to avoid but the counterbalances have made it a positive successful step. There is the pleasure of seeing right done by people and their lives being put back on track or at least having had a voice and being able to put a matter to rest.

There are some expressions of humble appreciation and gratitude. There is also the pleasure in helping someone launch their own career and the friendships that emerge as a consequence. Another very wonderful thing happened to me last year. I was approached by a person describing himself as a retired judge in his eighties. He offered to provide me with pro bono assistance one day a week. Not only was I touched by the generosity but deeply impressed by the quality of the work.

He has reviewed the complex claim of a person wanting to instruct me and advised me on it; drafted a letter in a complex issue surrounding government policy and regulations and is now undertaking a series of interviews with a pro bono client with a very complex fact situation. Another barrister offered a spare room in her chambers for him to work in and interview clients in.

A former colleague has contacted me on her pending retirement as a lawyer. She too has offered to do some pro bono work. There are many graduates and new lawyers keen to throw themselves into the market and learn skills. There are also many high earning barristers and lawyers, who may feel they have earned enough to make unpaid contributions.

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How to put all this together. Perhaps the law societies or law commission could assist by providing information and discussion papers reviewing successful overseas models. Some cases would be part paying as legal aid is some with significantly reduced fees; some on conditional fee arrangements and some pro bono. Firms could determine their specialty be it public law, bankruptcy, employment law etc. Perhaps there could be charitable donation rebates or other fiscal incentives to undertake such work.

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