Finlayson Christopher: Questions for Oral Answer — Questions to Ministers 
Finlayson Christopher: Questions for Oral Answer — Questions to Ministers 
[Volume:641;Page:11433] 
7.  
CHRISTOPHER FINLAYSON (National) 
 to the  
Minister of Justice 
: Is he satisfied with the work the Ministry of Justice is doing to implement the Evidence Act 2006; if so why? 
Hon MARK BURTON (Minister of Justice) 
: 
 I am advised that the implementation work which now of course largely lies with other agencies such as the police and the judiciary is proceeding. There is a matter relating to overseas practitioners’ privilege that officials are currently working through and I expect them to report to me on this matter in the next few weeks. 
Christopher Finlayson 
: Why according to his ministry are there no current plans to designate countries under section 51 of the Evidence Act to allow legal professional privilege to apply to advice from lawyers from countries other than New Zealand or Australia? 
Hon MARK BURTON 
: As I indicated in my primary answer this is the very matter that officials are engaged on as we speak. 
Christopher Finlayson 
: Is the Minister not concerned that the slowness of the ministry to deal with this issue and the refusal to specify countries by Order in Council under section 51 may well deter overseas-based countries from investing in or doing business with New Zealand because of the risk involved in overseas legal advice not being privileged in court proceedings in this country that are under way now? 
Hon MARK BURTON 
: I think the member misrepresents the facts. The member suggested that officials have refused to do something. There has been no such refusal. This matter was raised and added to the bill as the member knows during the select committee process. I would say to Mr English that that is a good example of what happens at select committees; they tend to do things to bills and add things to them. Of course the report of that committee to the House simply noted the addition; it did not suggest any urgency of putting that into operation by way of an Order in Council. The matter is being looked at the work is well advanced I will have a report in the next few weeks and I will take action on that report. 
Christopher Finlayson 
: Is the member not concerned notwithstanding his comment that he would have reports “in the next few weeks” about the impact on New Zealand’s reputation with its trading partners of the current position today that this country does not recognise legal advice from lawyers practising in their jurisdictions as being worthy of attracting legal professional privilege now? 
Hon MARK BURTON 
: The reason I have the work being done is that obviously I am concerned that we attend to the matter that requires attention. I am equally concerned that the member in using descriptions such as the one he just used suggests that the problem is much broader than it actually is. The matter of privilege relates only to advice given and later used in a proceeding and the member well knows that. He should not give the impression that it applies much more broadly to other matters that lawyers from other jurisdictions may be dealing with. 
Christopher Finlayson 
: Why are the Minister and his ministry taking such a slap-dash approach to this issue when they were informed of the urgency of this matter 2 weeks ago? 
Hon MARK BURTON 
: As the member says the matter was raised 2 weeks ago. Officials have been instructed to thoroughly examine the issue and prepare advice and that advice will be acted on quickly.