The lack of regulation around employment advocates has long been a hot topic, with it flaring up again following an address by Chief Judge of the Employment Court.
On 9 October 2025, Christina Inglis discussed how employment litigation has become unaffordable for most, with many litigants now preferring self-representation or the services of employment advocates. The increased number of unregulated employment advocates has since become a growing issue of concern.
Workplace Relations Minister Brooke van Velden has also acknowledged long-standing concerns about unregulated employment advocates but stated her reform agenda is already too busy to act on the issue.
After confirming that the issue was not a priority for the current Government, van Velden stated “…it is something that my officials are aware of, and it’s something that potentially the next minister could pick up.”
Employment Advocates
Employment advocates are lay people who are allowed to carry out the same work as lawyers in the employment jurisdiction but are not subject to a regulatory framework in the way lawyers are.
This has led to concerns about the quality of service provided by employment advocates, because there is no way for clients to discern a skilled employment advocate from an unskilled one.
The use and number of employment advocates increased significantly after the Employment Contract Act 1991 deregulated the employment advocacy sector, removing affiliation requirements and formal qualifications.
This shift allowed independent individuals to operate as advocates without any mandatory legal training, licensing, or oversight. While this has had the benefit of increasing accessibility to advocacy services, it also opened the door for unregulated and sometimes rogue advocates to enter the market, who take advantage of vulnerable employees and employers.
Employment advocates can play an important role in assisting employees navigate workplace disputes and can often provide a far more cost-effective service. However, the rise of unregulated advocates, particularly those operating on no-win, no-fee contracts, has created significant challenges for employers and employees.
A no-win, no-fee agreement – also known as a conditional fee agreement – is a contract where an advocate is paid their fees only if the client wins their case. If the case is unsuccessful, the client owes the advocate nothing for their services. This can incentivise advocates to encourage frivolous or opportunistic claims, thereby leading to costly disputes or settlements.
Takeaway
This latest discussion on employment advocates is a timely reminder to both employees and employers to choose advocates and lawyers carefully.
If you are going to engage an advocate, note that advocates who are members of the Employment Law Institute of New Zealand (ELINZ) are subject to a code of conduct, while others are not.
If you require employment law advice, we strongly recommend you reach out to Lane Neave’s employment law team in the first instance – all lawyers are bound by the Lawyers and Conveyancers Act (Lawyers Conduct and Client Care) Rules 2008, and its relevant professional and disciplinary processes.
