--- title: "Advocacy in New Zealand Employment Law: Navigating a Grey Space" description: Understanding the legal grey area of employment advocacy in NZ. Learn the differences between Employment Lawyers vs Advocates. image: https://solidarityemploymentadvocacy.com/hubfs/Arabic-and-caucasian-male-business-partners.jpg --- [Skip to content](https://solidarityemploymentadvocacy.com/useful_resources/advocacy-in-new-zealand-employment-law-navigating-a-grey-space#main-content) [![Solidarity Employment Advocacy Logo Banner Auckland New Zealand](https://solidarityemploymentadvocacy.com/hs-fs/hubfs/SEAL%20Logo%20Banner.png?width=1584&height=396&name=SEAL%20Logo%20Banner.png)Homepage](https://solidarityemploymentadvocacy.com/) - [Home](https://solidarityemploymentadvocacy.com) - [Services](https://solidarityemploymentadvocacy.com/services) - [Overview](https://solidarityemploymentadvocacy.com/services) - [How We Support Employees with Employment Disputes](https://solidarityemploymentadvocacy.com/services#how-we-support-employees) - [Employment Matters We Specialise In](https://solidarityemploymentadvocacy.com/services#employment-matters-we-specialise-in) - 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[Fixed-Term or Casual Employment Breaches](https://solidarityemploymentadvocacy.com/fixed-term-or-casual-employment-breaches) - [Employment Agreement Review and Negotiation](https://solidarityemploymentadvocacy.com/employment-agreement-negotiation) - [How It Works](https://solidarityemploymentadvocacy.com/services#how-it-works) - [Useful Resources](https://solidarityemploymentadvocacy.com/useful_resources) - [About](https://solidarityemploymentadvocacy.com#about) - [Contact](https://solidarityemploymentadvocacy.com/contact) [Get in touch](https://solidarityemploymentadvocacy.com/contact) - [Home](https://solidarityemploymentadvocacy.com) - [Services](https://solidarityemploymentadvocacy.com/services) - [Overview](https://solidarityemploymentadvocacy.com/services) - [How We Support Employees with Employment Disputes](https://solidarityemploymentadvocacy.com/services#how-we-support-employees) - [Employment Matters We Specialise In](https://solidarityemploymentadvocacy.com/services#employment-matters-we-specialise-in) - [Unfair Treatment At Work](https://solidarityemploymentadvocacy.com/unjustified-disadvantage) - [Unfair Dismissal](https://solidarityemploymentadvocacy.com/unjustified-dismissal-nz) - [Constructive Dismissal](https://solidarityemploymentadvocacy.com/constructive-dismissal) - [Workplace Bullying](https://solidarityemploymentadvocacy.com/workplace-bullying) - [Health and Safety Failures](https://solidarityemploymentadvocacy.com/health-and-safety-failures) - [Discrimination in the Workplace](https://solidarityemploymentadvocacy.com/discrimination-in-the-workplace) - [Harassment (including Sexual Harassment)](https://solidarityemploymentadvocacy.com/harassment) - [Retaliation or Victimisation](https://solidarityemploymentadvocacy.com/retaliation-or-victimisation) - [Redundancy (including Sham Redundancy)](https://solidarityemploymentadvocacy.com/redundancy) - [Procedural Failures](https://solidarityemploymentadvocacy.com/procedural-failures) - [Breaches of Good Faith](https://solidarityemploymentadvocacy.com/breaches-of-good-faith) - [Trial Periods](https://solidarityemploymentadvocacy.com/trial-periods) - [Breach of Minimum Protections](https://solidarityemploymentadvocacy.com/breach-of-minimum-protections) - [Pay and Wage Disputes](https://solidarityemploymentadvocacy.com/pay-and-wage-disputes) - [Leave Entitlement Breaches](https://solidarityemploymentadvocacy.com/leave-entitlement-breaches) - [Misclassification of Employment Status](https://solidarityemploymentadvocacy.com/misclassification-of-employment-status) - [Unjustified Disciplinary Action](https://solidarityemploymentadvocacy.com/unjustified-disciplinary-action) - [Workplace Stress and Mental Harm](https://solidarityemploymentadvocacy.com/workplace-stress-and-mental-harm) - [Privacy Breaches](https://solidarityemploymentadvocacy.com/privacy-breach) - [Exit Negotiation](https://solidarityemploymentadvocacy.com/exit-negotiation) - [Migrant Exploitation](https://solidarityemploymentadvocacy.com/migrant-exploitation) - [Employment Premiums](https://solidarityemploymentadvocacy.com/employment-premiums) - [Fixed-Term or Casual Employment Breaches](https://solidarityemploymentadvocacy.com/fixed-term-or-casual-employment-breaches) - [Employment Agreement Review and Negotiation](https://solidarityemploymentadvocacy.com/employment-agreement-negotiation) - [How It Works](https://solidarityemploymentadvocacy.com/services#how-it-works) - [Useful Resources](https://solidarityemploymentadvocacy.com/useful_resources) - [About](https://solidarityemploymentadvocacy.com#about) - [Contact](https://solidarityemploymentadvocacy.com/contact) [Get in touch](https://solidarityemploymentadvocacy.com/contact) ![Employment Advocate vs Employment Lawyer New Zealand](https://solidarityemploymentadvocacy.com/hs-fs/hubfs/Arabic-and-caucasian-male-business-partners.jpg?width=1000&height=667&name=Arabic-and-caucasian-male-business-partners.jpg) # Advocacy in New Zealand Employment Law: Navigating a Grey Space ![Solidarity Employment Advocacy](https://solidarityemploymentadvocacy.com/hs-fs/hubfs/Seal%20Logo%20zoom%20out%20for%20display%20pics.png?width=48&height=48&name=Seal%20Logo%20zoom%20out%20for%20display%20pics.png) Solidarity Employment Advocacy September 26, 2025 When facing employment issues in New Zealand, workers often find themselves at a crossroads: should they hire a lawyer, or an employment advocate? Unlike lawyers, who are heavily regulated, advocates operate in what many call a *grey space* of representation. This system has both positives and negatives for employees seeking help. ## **Lawyers vs. Advocates: The Key Distinction** In New Zealand, the use of the title "lawyer" is strictly regulated. Under the Lawyers and Conveyancers Act 2006 (LCA), only those holding a current practising certificate issued by the New Zealand Law Society (NZLS) may call themselves lawyers or barristers and solicitors. Section 21 of the LCA makes it an offence to provide legal services without such authorisation. By contrast, there are no statutory restrictions on who may call themselves an employment advocate. Section 236 of the Employment Relations Act 2000 (ERA) expressly allows any person to represent another in employment matters before the Employment Relations Authority (ERA) or the Employment Court. This provision keeps the barriers to entry low, enabling almost anyone to set themselves up as an advocate. ## **The Positives and Negatives of Low Barriers to Entry** The accessibility of advocacy has undeniable advantages. Employees often cannot afford the high hourly rates of lawyers—many of whom charge upwards of $400–$600 per hour. Advocates fill that gap, offering services at lower rates, flexible payment arrangements (including *no win, no fee*), and a more approachable style for workers intimidated by formal legal channels. On the other hand, the lack of regulation in the advocacy space also carries risks. Many advocates may have no legal training, no professional indemnity insurance, and there are no formal accountability mechanisms if something goes wrong. The Employment Relations Authority and Employment Court have highlighted these risks, noting that poor advocacy can prolong proceedings and add unnecessary costs for all involved. While there are certainly risks and consequences of picking a bad advocate, this does not mean that all advocates are bad. See below the anecdotal experience of an employee in need of representation. ## **A Personal Experience (Anonymously Shared): Lessons Learned** When I needed representation in an employment dispute in 2023, I explored both employment lawyers and advocates. One employment lawyer I contacted asked for a $5,000 retainer upfront—before even discussing the details of my case. I was shocked by the requirement and realised quickly that legal fees could be far beyond my reach. When I hired my first advocate, I relied on reviews of his business and did not realise until much later that he only had a real estate qualification and no legal background. He charged me $350 per hour payable upfront. When I requested escalation of the case through a formal PG, he admitted that he could not pursue it and could not achieve the outcome I wanted. I paid him out of my own pocket for his time and decided to change representatives. Next, I engaged another advocate with no formal degree but with 35 years of advocacy experience. He charged $120 per hour, worked with me on a no win - no fee basis, spent a whole lot more time on my case than the first advocate did and ultimately achieved the result I had been hoping for - a quick and fair outcome. He acted with compassion, understanding and professionalism. Even without a degree in law, he had all the knowledge needed for the handling of my case. This journey taught me an important lesson: fees are not always reflective of credentials, and credentials are not always reflective of capability. The best representative is the one who combines genuine expertise with a commitment to achieving the client’s goals, regardless of titles or hourly rates. ## **Advocates at Our Firm: Balancing Experience with Legal Accuracy** While not all of our advocates are practicing lawyers, most have studied law and possess a deep understanding of New Zealand employment law. For those advocates who do not have a formal legal background, we ensure quality and accuracy by pairing them with legally trained colleagues. This collaborative approach means our clients benefit from both practical advocacy experience and legal precision. ## **Final Thoughts** The grey space of advocacy in New Zealand offers both opportunity and risk. Employees should approach the choice of representative with caution, balancing affordability, expertise, and trust. While the law permits broad representation under the ERA, the best outcomes come when advocates—whether legally trained or not—combine real-world experience, passion for workplace justice with legal accuracy. For employees, the lesson is clear: ask questions, assess both experience and approach, and remember that capability is not defined by a degree or a price tag. A bad employment advocate can not only cost you a favourable outcome but also leave you in a position where you have to cover the costs for the other parties' legal fees and no recourse against your advocate. Whereas a good advocate may also not cost as much and still achieve the best outcome possible for your case. So choose wisely.   ## Share this post [mailto:https%3A%2F%2Fsolidarityemploymentadvocacy.com%2Fuseful_resources%2Fadvocacy-in-new-zealand-employment-law-navigating-a-grey-space](mailto:https%3A%2F%2Fsolidarityemploymentadvocacy.com%2Fuseful_resources%2Fadvocacy-in-new-zealand-employment-law-navigating-a-grey-space) ## Keep reading ### [![Employment Relations Amendment Bill 2025](https://solidarityemploymentadvocacy.com/hs-fs/hubfs/Employment%20Relations%20Amendment%20Bill.png?width=1080&height=1350&name=Employment%20Relations%20Amendment%20Bill.png) What the Proposed Employment Relations Amendment Bill 2025 Actually Means for Workplaces](https://solidarityemploymentadvocacy.com/useful_resources/amendment_bill) ### [![Unfair Treatment at work. Unjustified disadvantage. No Win No Fee. Employment Advocacy. Auckland New Zealand](https://solidarityemploymentadvocacy.com/hs-fs/hubfs/34_-1.webp?width=1024&height=512&name=34_-1.webp) Unjustified Disadvantage](https://solidarityemploymentadvocacy.com/useful_resources/unjustified-disadvantage-nz) [![Solidarity Employment Advocacy Logo Banner Auckland New Zealand No Win No Fee Employment Law](https://solidarityemploymentadvocacy.com/hs-fs/hubfs/33_.webp?width=1584&height=396&name=33_.webp "Solidarity Employment Advocacy Logo Banner Auckland New Zealand No Win No Fee Employment Law")](https://solidarityemploymentadvocacy.com/) While we are based in Central Auckland we represent employees across New Zealand [mailto:mailto:contact@solidarityemploymentadvocacy.com](mailto:mailto:contact@solidarityemploymentadvocacy.com)[tel:+64223199356](tel:+64223199356)[sms:+64223199356](sms:+64223199356) - [Home](https://solidarityemploymentadvocacy.com) - [Services](https://solidarityemploymentadvocacy.com/services) - [Useful Resources](https://solidarityemploymentadvocacy.com/useful_resources) - [About](https://solidarityemploymentadvocacy.com#about) - [Contact](https://solidarityemploymentadvocacy.com/contact) --- © 2025 Solidarity Employment Advocacy Limited. All rights reserved. Legal Disclaimer: Solidarity Employment Advocacy is an employment advocacy company, not a law firm. We do not provide legal advice or perform work reserved for lawyers under the Lawyers and Conveyancers Act 2006. Our services operate under s236 of the Employment Relations Act 2000. 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