NZ Asian lawyers – Chinese rule of law and how it differs to that in New Zealand

An industry group of NZ Asian Leaders, NZ Asian Lawyers recently organized a unique opportunity for lawyer practitioners to hear from top academic experts, experienced practitioners and a High Court Judge, to learn about the different rule of law culture in China, and to understand Chinese cultural factors when representing Chinese clients. Chaired by Mai Chen, the session provide critical guidance for lawyers to effectively advise Chinese clients, and to negotiate effectively with Chinese parties on the other side of a transaction. Speakers included (below L – R), Mai Chen, Chair, NZ Asian Leaders, Justice Lang, Dr Leo Liao, Senior Lecturer and Director of International Relations (Law), Waikato University, Professor Sarah Biddulph,  Assistant Deputy Vice Chancellor- International (China) and Director, Asian Law Centre, Melbourne University School of Law and barrister and solicitor, Gurbrinder Aulakh.

This was the second successful NZ Asian Lawyers event organised by NZ Asian Leaders with the support of NZ Law Society.

Professor Sarah Biddulph, Assistant Deputy Vice Chancellor- International (China) and Director, Asian Law Centre, Melbourne University School of Law who is an expert on the Chinese legal system, presented on the Chinese understanding of what the rule of law means, how that differs from our understanding of the Rule of Law, changing concepts of justice and the role of politics in it.

She also covered a range of issues emerging from the Superdiversity Institute’s research (with the support of the Ministry of Justice, the Law Foundation and the Borrin Foundation) into issues and challenges faced by Chinese parties in the Courts, such as whether “big face” as a part of the concept of “guanxi” affect Chinese accused’s lack of displays of remorse. 

Dr Leo Liao, Senior Lecturer and Director of International Relations (Law) from Waikato University spoke about the Chinese Law and Culture in NZ Courtroom. He presented on the differences between Chinese Law/Culture and NZ Law/Culture and dealing with Chinese Law & Culture in NZ Courtroom based on his 3-D matrix that assists in determining the level of impact Chinese culture will have had on Chinese parties. 

Hon Justice Lang spoke about “How to be effective in the High Court.” and responded to audience questions ranging from bringing cultural experts on board to assist the decision-maker in understanding a worldview behind behaviour to training received by judiciary receive on how cultural diversity impacts behaviour.