Experience

Jennifer Braithwaite Barrister Dec 2020 – Present

On 1 December 2020 I commenced practice as a barrister sole. I continue to specialize in Te Tiriti o Waitangi claims, Māori legal issues, access to justice, and children and young people’s rights although my primary area of focus is currently my Borrin Foundation Fellowship research.

Member of the New Zealand Law Society Youth Justice Committee (voluntary) September 2021 - Present

The Youth Justice Committee monitors proposals that affect the operation of the youth justice system, including proposed legislative reforms. The committee also works with the Youth Court on operational issues relating to the Youth Court and represents the interests of Youth Advocates.

Kaitiaki / Board Member (Volunteer), Community Research Nov 2020 – Present

Community Research is a registered charity and incorporated society which gathers research about New Zealand’s tangata whenua, community and voluntary sector; shares it with a broader audience; maintains a hub for iwi and community organisations to share their learnings; and advocates for good practice community research methods. I am a Kaitiaki / Board Member in the Tangata Tiriti caucus.

Associate (Volunteer), Child Poverty Action Group (NZ) Sep 2020 – Present

Child Poverty Action Group (CPAG) is an independent charity working to eliminate child poverty in New Zealand through research, education and advocacy. I was an management committee member from September 2016 to July 2020 when I became an Associate.

Chairperson (Volunteer), Children's Rights Alliance Aotearoa New Zealand Sep 2019 – January 2023

The Children’s Rights Alliance Aotearoa New Zealand is a coalition of non-governmental organisations, families and individuals that promotes the rights and wellbeing of our children and youth through advocacy and education using the United Nations Convention on the Rights of the Child and other international human rights instruments. The primary function of the Children's Rights Alliance is to lead the shadow reporting process in relation to New Zealand’s compliance with UNCROC. I joined the steering committee in September 2018 and was first elected as the Chairperson in September 2019 then again in September 2020, 2021 and 2022. 

January 2022 – December 2022: Counsel Assisting, Royal Commission of Inquiry into Abuse in State Care and the Care of Faith-Based Institutions

My role was focussed on the inquiry into Social Welfare care, and in particular, children's residential care & youth justice. My work for the Royal Commission involved research, analysis of evidence presented to the Commission, and drafting parts of the Royal Commission’s report relating to the investigation into Social Welfare care (in particular, the impacts of abuse, factors that contributed to abuse, and post-1999 developments).

General Manager, YouthLaw Aotearoa Sep 2018 – Jun 2020

YouthLaw is a community law centre for children and young people. We provide free legal services to anyone aged under 25 who is unable to access legal help elsewhere, or those acting on their behalf. We also work to reform laws and policies in order to ensure children and young people’s rights are protected and their voices are heard. My role as the General Manager included overall oversight and leadership of YouthLaw’s operations including operationalising the strategic plan and progressing organisational priorities e.g. youth voice and participation, reporting to the Board, overall supervision of legal services, leading our advocacy and law reform work, and management of all staff.

Research & Operations Manager (Volunteer), The Kindness Institute Jul 2017 – Sep 2018

I was responsible for research and operations at The Kindness Institute, a social enterprise that supports marginalized young people to overcome stress and challenges through yoga and mindfulness.

Director, Braithwaite & Smail Limited Barristers & Solicitors Dec 2011 – Aug 2018

I was one of the two directors of Braithwaite & Smail, a small law firm focussing on Maori legal issues, governance, public law, civil litigation and mediation. My role included providing legal and strategic advice to iwi and hapu in relation to all aspects of the negotiations for settlement of their historical Te Tiriti o Waitangi claims, the development of post-settlement governance entities, and acting in contemporary claims before the Waitangi Tribunal.

Chairperson (Volunteer), YouthLaw Aotearoa Jul 2009 – Jul 2018

I was on YouthLaw's governance committee from 2009 to 2018 and acted as the Chairperson from 2010. YouthLaw is is a community law centre for children and young people under 25 years of age which provides free legal information, legal advice, education and, where capacity allows, representation services to young people who otherwise can't access legal assistance.

Deputy Chairperson (Volunteer), Community Law Centres o Aotearoa Incorporated Jun 2011 – Sep 2013

I was elected onto the Board of Community Law Centres o Aotearoa Incorporated (“CLCA”) in June 2011 and then appointed the Deputy Chairperson. CLCA is an incorporated society representing the twenty four community law centres throughout Aotearoa/New Zealand.

Associate, Powell, Webber & Associates Aug 2008 – Oct 2011

Associate in law firm with a litigation practice including acting for iwi and hapu in relation to Treaty of Waitangi settlement negotiations, claims to the Waitangi Tribunal, development of post-settlement governance entity structures, as well as general litigation including public law, applications for refugee status, general civil, family and employment litigation.

Lawyer, Children and Community Services, Richmond and Wandsworth Councils Aug 2006 – Aug 2007

Lawyer specialising in all aspects of children's services, education and community care law including child protection, special educational needs, education prosecutions, the effect of the Human Rights Act and case law under the Act on the Council’s obligations to people within the borough in particular children and vulnerable adults.

Lawyer, Social Services and Education, London Borough of Hounslow Aug 2003 – Aug 2006

Lawyer specialising in all aspects of children's services and community care law to all levels of the client department including the Director of Children’s Services including child protection, children leaving care, unaccompanied minors, Judicial Review proceedings regarding the Council’s community care obligations, obligations to provide support to homeless families and potential breaches of human rights legislation.

Solicitor, YouthLaw Tino Rangatiratanga Taitamariki Inc Mar 2002 – Mar 2003

Solicitor providing legal advice and advocacy services regarding a wide range of legal issues to children and young people through the advice line and “drop in” service; editing and updating publications regarding the law as it affects children and young people; preparation of submissions to Government on legislation affecting children and young people; and presenting legal education talks to schools and community groups including alternative education providers.

Litigation Solicitor, Russell McVeagh 2001 – 2002

Solicitor providing legal advice and representation regarding general civil and family litigation

Litigation Solicitor, Law North Partners 2000 – 2001

Solicitor providing legal advice and representation for clients with regard to criminal, family and civil litigation matters including acting as duty solicitor in criminal courts, advocacy in District and High Court and in the Employment Tribunal.

Staff Solicitor, E W Gartrell & Associates  1999 – 2000

General practice staff solicitor including preparing deeds, employment contracts, matrimonial property agreements and court documents and representing clients in District and High Court in criminal, family and civil matters and acting as junior counsel in a Court Martial for desertion.