KEY POINTS:
Auckland members of the legal profession are lining up on both sides over disbarred lawyer Christopher Harder's bid to be allowed to practise as a barrister again.
Mr Harder, who was struck off two years ago after admitting professional misconduct, has applied to the New Zealand Law Practitioners Disciplinary Tribunal to be restored to the roll of barristers and solicitors.
The tribunal hearing is set down for March 17 and notices of support or objection to Mr Harder's application can be made until a week before.
While the Auckland District Law Society (ADLS) will be opposing the application, Mr Harder's counsel Colin Pidgeon QC said "an overwhelming majority of the criminal bar in Auckland seem to support his application".
ADLS president Andrew Gilchrist yesterday confirmed the ADLS' decision and said the New Zealand Law Society, of which he is a board member, had not decided its position.
"That doesn't indicate any inertia by the New Zealand Law Society. It hasn't had a meeting [to discuss the application]. The next meeting is on Friday and I imagine it will make a decision then," he said.
Mr Gilchrist declined to say why the ADLS is opposing Mr Harder's application.
Mr Pidgeon said about 100 law practitioners and "a number of judges" were named in affidavits supporting Mr Harder's application.
Mr Harder's application says he is now a "fit and proper person to practise as a barrister".
He cites the following grounds:
* Completion of a comprehensive alcohol and drug treatment programme, and continuing participation in programmes for recovering addicts.
* A medical specialist's assessment of his rehabilitation.
* His pro-bono legal work in Tonga, "having been admitted there on specified conditions".
It was reported in Tonga late last year that Mr Harder's licence to practise was under review after questions were raised over whether it should have been issued while he was disbarred in New Zealand.
He is representing two Tongans charged with sedition and other offences after the riots in Nuku'alofa in 2006.
Mr Pidgeon said yesterday that Mr Harder was granted a Tongan practising certificate for 2007 and has applied for another certificate for 2008.
"He is awaiting a decision on that but doesn't envisage any problems," Mr Pidgeon said.
The complaints that led to Mr Harder being struck off included taking a client to a brothel, making him simulate the sexual violence he had been charged with, swearing at the client and drinking alcohol while taking instructions.
- NZPA
