Summarised by Centrist
Wellington lawyer and former MP Stephen Franks is promoting a law change aimed at stopping professional bodies from using disciplinary powers to enforce political or ideological conformity.
Franks has drafted the Regulated Professions Neutrality Bill, which would require regulatory bodies to focus on protecting the public from incompetent, dishonest or negligent practitioners.
The bill would also state that professionals are free to hold and express views on political, historical, social, cultural and other contentious issues.
Franks says professional bodies should be politically and ideologically neutral, and should not misuse their powers to punish unfashionable views.
“If they do misuse their powers and that’s established in court, then they have to pay all the costs of the people who’ve challenged it,” he said.
The push follows Franks’ own case before a Law Society standards committee over a letter sent for Inflection Point New Zealand criticising puberty blockers for gender-dysphoric adolescents.
The committee’s finding was later overturned by the Legal Complaints Review Officer.
Franks says he has since been approached by health professionals, lawyers, an architect and others concerned about activism inside professional bodies.
He argues vague concepts such as “unprofessional conduct” are increasingly being stretched to cover political, religious or social views on disputed issues.
The Law Society says it is confident in the integrity of its standards committees, which include experienced lawyers and lay members.
Franks has sent the draft bill to MPs across Parliament and hopes it will be picked up after the election.
