Pacific lawyers call for more representation as justice gaps persist

A Pacific law group is continuing its 25-year fight to address the disparities faced by Pacific communities in the criminal justice system.

Founded in 2001, the Pacific Lawyers Association (PLA) supports Pacific law students and lawyers across the motu and advocates for access to justice. This year marks the association’s 25th anniversary.

Speaking to ‘Alakihihifo Vailala on Pacific Mornings, Elaine Ward, the PLA’s co-president, says their work also includes fostering a collaborative environment where members can meet and support each other. They also focus on education and early-career support.

“We encourage our Pacific law students because we know that that's our future,” Ward says. “We help support and sponsor mooting competitions with our universities. We have scholarships like the Moana Schwalger Scholarships, and the Ida Malosi Project that's operating in the universities.

“So there's a lot of work in that space to help encourage our Pacific law students to come through the system.” She says a Pacific perspective is crucial in the legal system. “We have a growing Pacific population, just under 500,000 Pacific people are of Pacific ancestry.”

“A need is there… I'm not suggesting that all Pacific people would like a Pacific lawyer, but a lot do.” In Aotearoa, around 600 practising lawyers are Pacific, which Ward says is a number that needs to grow to match the scale of legal needs Pacific communities have.

A report from 2022 by the University of Auckland and the Michael and Suzanne Borrin Foundation found that Pacific people are disproportionately affected by structural barriers and experience negative legal outcomes. Pacific people are also underrepresented in the legal profession, facing challenges related to language and cultural barriers, which impact their access to justice.

Ongoing workplace challenges, especially for Pacific women in law, are also significant. A 2023 survey by the New Zealand Law Society revealed that Pacific people were three times more likely to encounter workplace discrimination, with 32 per cent of Pacific women reporting such experiences.

While Pacific people represent nine per cent of the population, they make up 12 per cent of the prison population. Ward says in the courtroom, they observe the impact of socio-economic disparities affecting Pacific communities.

“So in my field, there is a need for representation and providing access to justice for our Pacific communities. There are a lot of areas where Pacific lawyers are needed and required to meet that need of our community.”

Watch Elaine Ward’s full interview below.

PLA also engages in policy advocacy, recently responding to submissions relating to the Treaty of Waitangi Principles Bill and the Three Strikes Bill. Ward says these efforts are aimed at ensuring the voices of Pacific communities are heard in lawmaking.

They are also collaborating on a conference in Fiji, planning to work with their Sāmoan and Australian counterparts to unite and talk about issues that affect us as lawyers”.

“There are a lot of issues that affect our community that require representation at every level. It's not just within our court system. We encourage representation at that corporate level as well. It is very important to encourage and support our Pacific lawyers.

“We are doing great work and need to encourage more Pacific lawyers to come through the system. We need more to… help us with our work in providing access to justice for our Pacific people and representation.”