Baby on Life Support, Barrister Fights Court Timetable

A Christchurch barrister is raising questions about how well New Zealand’s court system accommodates lawyers taking maternity leave after she found herself filing court applications while her premature baby was in neonatal intensive care. Helen Bennet, a criminal defence lawyer, had meticulously planned her maternity leave, clearing around 10 months from her calendar and advising the court that she would be available for a client’s trial after May 2026. However, her baby arrived early by emergency Caesarean section, and due to complications, required extended treatment in the Neonatal Intensive Care Unit (NICU).

Court Schedule Conflicts With Premature Birth

Despite Bennet’s careful planning and previously stated availability, the trial was scheduled for early March, clashing with her unexpected NICU stay. She was required to complete further paperwork from her hospital bed, seeking to have the trial moved. Bennet supplied a letter from her midwife confirming that there was no imminent discharge date for her baby, given the critical care he required. After a period of negotiation, the adjournment was eventually granted for eight weeks, allowing Bennet to prioritize her baby’s health and her legal responsibilities.

The episode has attracted support and sympathy from senior lawyers in the New Zealand legal community. Julie-Anne Kincade KC, the convenor of the Criminal Law Committee, told Newstalk ZB that while the court’s position regarding the separate sentencing appearance was technically correct, the response was “abrupt and unthinking”. She also highlighted the ongoing inconsistency between courts and judges over lawyers appearing remotely, a practice that could have allowed Bennet to participate in the trial while caring for her infant in the NICU.

For lawyers dealing with maternity leave while managing active caseloads, the court system often assumes a level of predictability that life rarely delivers. When a colleague steps in unpaid to cover an appearance, it places a significant financial strain on both the substituting lawyer, who may have their own busy schedule, and the original barrister, who may still face overhead costs despite not working during that time. These hidden costs of taking leave can discourage practitioners from fully utilizing the maternity leave they are entitled to, potentially driving them out of trial and appellate advocacy roles.

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Remote Appearance Policies Under Scrutiny

In a separate case, Bennet sought permission to appear by video for a client’s sentencing while on maternity leave, hoping to balance her professional responsibilities with her new parental ones. The request was declined, with the court preferring that another lawyer appear in person. Bennet ultimately relied upon a colleague who handled the appearance without payment, further illustrating the financial burden placed on lawyers during maternity leave.

Crown Law Deputy Solicitor-General Madeleine Laracy acknowledged the complex nature of the situation, recognizing the competing interests involved. She noted the Crown’s responsibility to ensure trials proceed promptly, especially in cases involving vulnerable complainants or older cases that have been waiting for resolution. She believed the Crown’s submissions in Bennet’s case were appropriate, given the need to balance the rights of the accused with the demands of justice.

If the New Zealand Bar wants to encourage women to remain in trial and appellate advocacy, maternity leave policies cannot be based solely on the idealized notion that babies, judges, clients, and court registries will all obligingly stick to the scheduled plan. As Bennet’s case has shown, premature babies, like many other unpredictable factors in life, have a habit of consulting neither court lists nor maternity leave plans. The court system must be more adaptable and accommodating to the realities faced by lawyers, especially those with young children.

Bennet’s experience has brought these issues to light and sparked a conversation about how New Zealand’s court system can better support lawyers taking maternity leave. By addressing the practical challenges faced by lawyers during maternity leave, the legal profession can work towards creating a more family-friendly environment that allows women to continue thriving in their careers while also caring for their newborns.