After the headlines: Tiana Epati uses new platform for change

More than a month after becoming New Zealand’s first Sāmoan King’s Counsel (KC), Tiana Epati isn’t resting on ceremony, she’s using her new title as a platform to reshape the profession for the next generation.

The former New Zealand Law Society President was among 12 new King’s Counsel appointed by the Attorney-General.

Epati describes her appointment as a major milestone for Pacific representation and a reminder for others to dream bigger.

She follows in the footsteps of her late father, Judge Semi Epati, who was New Zealand’s first Pacific Islands judge.

Receiving the news, Epati felt a mix of happiness, relief, and surprise. In an interview with PMN News, she admits that becoming a King’s Counsel was not always on her radar.

“I was talking to some young Pacific Island lawyers and I said, ‘What about one of us as a King’s Counsel?’ It hadn’t even crossed their minds and I’m talking about some fabulous, Harvard-graduated Pacific lawyers. I just remember thinking, ‘Right, we have to do this’.”

Tiana Epati is the first person to take the King's Counsel declaration in the Sāmoan language. Photo/Supplied

Attorney-General Judith Collins says in a statement that the new appointments reflect excellence and service to the community.

She says the bar for becoming King’s Counsel is set very high, and she’s pleased to see the profession represented by such accomplished lawyers.

“All of our new King’s Counsel have demonstrated a particular commitment to improving access to justice alongside their excellent work as advisers and litigators. They all have strong links to their communities and significant instances of pro bono and legally aided work.”

Becoming King’s Counsel comes with various privileges and traditions dating back centuries. Collins says it’s an ancient ranking.

“When I attend court, the registrar will automatically call my matter first. You have priority seating at the front bench, and you wear robes made of silk. It acknowledges that you’ve achieved a certain level of excellence and that your time is incredibly valuable.”

A legacy of leadership

Epati’s journey in law began in Sāmoa, inspired by her father. She told Radio New Zealand she grew up watching him help those in distress.

“People would come to him in a really difficult, stressful, chaotic state, and he would say, ‘I know how to fix this’. And that’s an incredibly privileged and powerful thing to be able to do.”

After graduating from the University of Auckland and being admitted to the bar in 2000, Epati became a partner at Rishworth, Wall & Mathieson, before moving to practice as a barrister sole in 2022. From 2019 to 2022, she served as the Law Society President, becoming the first Pacific and the fourth woman in the society’s 152-year history to hold that title.

While Epati plans to continue mentoring young lawyers, she is ready for a new chapter.

“One of the attractions of becoming King’s Counsel is that it would likely open up a new level of work, where I wouldn’t have to work as hard,” she says. “I’ve spent 26 years as a lawyer, a lot of it I’ve done in the criminal area. You do the hard yards, and you don’t always get paid very much, you have to work long hours.

“I want to have more balance in my life. I just turned 50. I’ve got these beautiful children. I just want to enjoy them more.”

Representation matters

According to the Law Society, only 3.8 per cent of New Zealand lawyers have a Pacific heritage. Epati says Pacific representation in courtrooms is vital.

“Unfortunately, in multiple jurisdictions, we’re overrepresented in the wrong way,” she says. “Coming into a room where all the people that do all the talking and have all the power don’t look anything like you… it can feel alien and strange. You become a bystander in your own fate.

“When you see someone who is part of the conversation or holds the most senior role in the room, it gives others comfort that they’ll be understood, that they’ll be heard and seen.”

Epati believes that her appointment will open new doors for Pacific lawyers. She says a new wave of exceptional Pacific talent is emerging, and the limits young lawyers once imagined for themselves have now expanded.

“I would say it’s now borderless. This rank is an acknowledgement of the untapped potential of our Pacific Island community. So see it as a sign to go for it.”

The 11 barristers appointed alongside Epati from a pool of 107 applications include Brian Dickey, Tiana Epati, Kevin Glover, Katie Hogan, Sarah Jerebine, Paul Keegan, Simon Ladd, Richard Marchant, Balthazar Matheson, Matthew Smith, and Alan Webb.

Listen to Tiana Epati's full interview below.