The Gazette 1974

statutes or precedents which are of binding authority, although the fact that at no time since the Consti- tution was enacted has compulsion been applied al- though from time to time there have been incompleted threats. In conclusion, two important points must be con- sidered. The first is that the President is subject to the so that he cannot seize private property illegally or imprison anyone arbitrarily even though it may not possible for the courts to enforce their decisions a Sainst him. The President cannot break the law arbi- trarily. But this is an entirely different situation from hat in which a President, who is in possession of confidential papers, refuses to disclose them even though a Grand Jury or a Court believes that it is in the public toterest that he should do so. It must be remembered hat this privilege is attached to the office of the president and not to any other public officer. His is the hnal decision and is not subject to review as is that of he others. He may know what the public interest may e while an official may be thinking in terms of his 0v vn office. In Wigmore it is said that : The executive branch traditionally has declined to hand over confidential files to other branches where 11 has been considered contrary to the public interest to do so. Investigative files often contain hearsay In the United Kingdom, legal education is effected trough the universities and the various colleges of law. p Practising lawyer will often have experienced both Kinds of institution. In New Zealand, however, the diversities provide the only source of instruction. The Universities involved are those at Auckland, Wellington, Ghristchurch and Otago. Once at a university, the New Zealand student has wo options open to him : he can either so structure his GL.B. course as to mean that he can qualify to practise a w ; °r he can choose a degree course giving of itself n ° professional rights. t( Basically, a law degree in New Zealand consists of 17 units". Once a student has, normally over four years, a chieved passes in 17 subjects he will graduate with his f j B . Such a degree would not allow him to practise, nowever meritorious it was. Before he becomes so privi- e ged he must, in those 17 subjects, have included certain topics stipulated by the New Zealand Law Society, ne body which administers the profession. Those stipu- a tod are Contract, Commercial Law, Land Law, Torts, r nninal Law, Equity and Company Law. Finally, the would-be practitioner must pass a further six "profes- sional subjects", making a total of 23 subjects in all. nese professional subjects are Conveyancing, Taxation ud Estate Planning, Ethics and Advocacy, Office Ad- niistration, Evidence and, finally, Procedure. I he student who graduates with these 23 subjects e hmd him not only does so with his degree but he has so become entitled to admission to the profession as a tou-nster and Solicitor of the Supreme Court of New ^aland. The existence of a fused profession, and the atively smooth method of entry, marks a very clear istmction from the position in England. Thus admitted, e newly-qualified practitioner pays an annual sub-

gossip, and other remote information from which the Government hopes to develop leads. Public disclosure of such trivia and possible falsehoods might work grave injury and injustice to those involved." The position of a President is far different from that of any other public officer because an attack on him may lead to a national disaster. It has been repeatedly stated in the foreign press that the loss of confidence in President Nixon's authority has been a major cause of the financial difficulties which the United States has suffered, especially in the exchange value of the dollar. It has also been suggested that the sudden oil crisis is due in part to the Arab belief that this is a favourable time in which to bring pressure on the President. In the circumstances the forced publication of confidential tape recordings, some of which may be open to mis understanding, seems to be a doubtful constitutional innovation. It does not follow from this that impeachment pro- ceedings could not be brought against the President on the ground that his refusal to hand the confidential documents to the investigators constituted an action which was a serious violation of his duties, but it would be astonishing if such a proceeding would prove to be successful, as the President's refusal would be legally justified. —The Times, 15 October 1973 scription of (approximately) £50 per annum to his local law society. This will be an affiliate of the New Zealand Law Society, a body which recently celebrated its centenary. The code of ethics which the society admin- isters, and the Law Practitioners Act of 1955 under which it operates, closely follow the English example. It remains to be pointed out that a practitioner must be a member of a firm for at least two years before he can practise on his own. Those who wish to do so will then practise exclusively as barristers, others as solicitors. But which ever choice is made, each has the right of appearance before any court in the land. Administration The system of judicial administration in New Zealand will be familiar to English eyes. The court at the bottom of the ladder is the Magistrates' Cou r t: it is placed below the Supreme Court, which in turn is beneath the Court of Appeal. Over all of these stands the Privy Council. Unlike Australia, New Zealand seems dis- inclined to abolish appeals to this last tribunal. The magistrates' court needs explanation. Unlike the similarly named English courts the New Zealand magis- trates' court is presided over by a salaried stipendiary magistrate who will have been a practitioner of seven years' standing. It is probably true to say that this court approximates to the English county court. The Supreme Court is staffed by 17 Judges, one of whom is the Chief Justice, currently Sir Richard Wild. Normally, the Supreme Court consists of one Judge sitting alone, but in exceptional cases a full court of three Judges will hear the case. The writer recalls only one such case in recent years, concerning (perhaps inevitably) drunken driving. The Court of Appeal, as presently constructed, dates 41

LEGAL EDUCATION IN NEW ZEALAND b y DR. R . G. L AWSON