Literature review

Our literature review brings together existing research on barriers to Pasifika people entering the legal profession.

Pasifika peoples make up 8.1 percent of Aotearoa New Zealand’s population, but they comprise just 3.3 percent of lawyers.

Latest figures from the Law Society show 517 Pasifika lawyers were registered in 2021—a ratio of just one Pasifika lawyer to every 802 Pasifika people.

Researcher Wiliame Gucake says there should be at least 1260 Pasifika lawyers if representation in the profession was proportional to the population.

Law schools have acknowledged there’s a problem and are supporting the Improving Pasifika Legal Education Project, led by Te Herenga Waka—Victoria University of Wellington.

Dr Mele Tupou Vaitohi is the research lead for the project and Gucake is the research assistant. Both are members of the project committee, chaired by the Hon Luamanuvao Dame Winnie Laban, the Assistant Vice-Chancellor (Pasifika) at Te Herenga Waka.

Other committee members are:

  • Professor Mark Hickford, Pro Vice-Chancellor of Government, Law and Business at Te Herenga Waka
  • Tupe Solomon-Tanoa’I, chief philanthropic officer for the Michael and Suzanne Borrin Foundation, which is funding the work
  • Dr Guy Fiti Sinclair, chair of the academic advisory panel for the project, and associate professor and associate dean (Pasifika) at Auckland Law School, University of Auckland.

Barriers to entry

Gucake says the project aims to address the barriers Pasifika face to becoming lawyers, and increase the number of graduates and practitioners.

The first fruit of the work is a literature review, bringing together existing research.

Data show more Pasifika are enrolling in law school but remain underrepresented in graduation statistics. According to Ministry of Education figures, in 2017 about 6.8 percent of Bachelor of Laws (LLB) graduates were Pasifika. In 2019, the figure was 7.1 percent.

The literature review highlights several barriers to the success of Pasifika law students and law professionals, Gucake says.

“These include social and cultural differences, as well as educational experiences that shape access to higher education,” he says.

“Research shows Pasifika students at low decile schools may be steered towards unit standards—rather than achievement standards—and end up without the required credits for university entrance.”

Tertiary study also presents significant financial barriers, particularly for Pasifika students from lower socio-economic backgrounds.

Gucake says “ingrained institutional and systemic barriers” further limit opportunities for Pasifika.

Workplace culture is a major issue. A 2018 survey commissioned by the Law Society reported Pasifika lawyers were among the groups more likely to have experienced bullying behaviour in the past six months.

Next steps

The next stage of the project involves Talanoa (conversations) with Pasifika law students and legal professionals to find out more about their experiences.

Gucake says these stories will be recorded and added to the literature already gathered. A report on the research will be published later this year.

“This report will produce recommendations to advance a shift in legal education and be a catalyst for more Pasifika legal professionals to serve their communities in Aotearoa.”