DOCSLIB.ORG

A Conference to Mark the Retirement of the Chief Justice

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text

Load more

A CONFERENCE TO MARK THE RETIREMENT OF THE CHIEF JUSTICE Thursday 31 January, Friday 1 February 2019 Fisher & Paykel Auditorium, Symonds St, Auckland The Legal Research Foundation, supported by the the Chief Justice’s career. We are holding a Law Foundation, is pleased to invite you to take unique two-day conference featuring a faculty part in a conference to mark the retirement of the of prominent international and national speakers. Chief Justice of New Zealand. It will open with a pōwhiri at Waipapa Marae (University of Auckland) at 4pm on Wednesday, This important event is the principal opportunity 30 January 2019 and will close with a dinner on for the New Zealand legal profession to honour Friday, 1 February 2019 at the Auckland Museum. Featuring a distinguished faculty of national and international speakers including: Justice Professor Stuart Manuel Cepeda Chief Justice Dame Judge Nancy Rosalie Abella Banner Espinosa Sian Elias Gertner Chief Justice Sir Anthony Mason Kate O’Regan Professor Cheryl Professor Jeremy Susan Kiefel Saunders Waldron The conference includes the following main themes: • Common Law Constitutionalism • Topics in Private Law • Law and Power on the Frontier • Where to for Indigenous Rights • The Supervisory Jurisdiction and and Reconciliation? Administrative Justice • Criminal Law • Environmental Justice and • Human Rights Climate Change • Judging For more information and to register: www.legalresearch.org.nz/events | [email protected] | (09) 923 6035 The Legal Research Foundation is grateful for the support of our sponsors: Chief Sponsor Key Sponsors Registration form Delegate/s Details Delegate one: Email: Delegate two: Email: Firm: Phone number: Payment Summary Conference tickets Two-day conference Standard price: $495 + GST = $569.25 Qty Total Academic rate: $275 + GST = $316.25 Qty Total Student rate: $175 + GST = $201.25 Qty Total Gala dinner only Standard price: $250 + GST = $287.50 Qty Total Table of ten: $2,500 + GST = $2,875 Qty Total Two-day conference and dinner Standard price: $745 + GST = $856.75 Qty Total Academic rate: $525 + GST = $603.75 Qty Total I enclose a cheque for: Please charge my credit card in the amount of: Credit card type: Credit card number: Exp: Please tick the box if you wish to attend the pōwhiri at the Waipapa Marae (University of Auckland) at 4pm on Wednesday, 30 January 2019: Date/Time Venues Day One Conference Thursday, 31 January 2019, 8.20am to 5.30pm Fisher & Paykel Auditorium, Business School, University of Auckland, Day Two Symonds Street, Auckland Friday, 1 February 2019, 9am to 5pm followed by Gala Dinner from 6.30pm Gala Dinner Auckland Museum, Auckland Domain * Please scan this form and email to [email protected] or post to Legal Research Foundation PO Box 741, Auckland 1140 CONFERENCE PROGRAMME: Day one Thursday, 31st January 2019 Welcome: Legal Research Foundation President • Hon Justice Simon Moore 8.20am Opening Address from Conference Chairperson • Dr Andrew Butler, Chair of the Law Foundation Law and Power on the Frontier • Professor Stuart Banner, Norman Abrams Professor of Law, UCLA 8.30am • Professor Richard Boast QC, Faculty of Law, Victoria University of Wellington • Chair: Associate Professor Dr Claire Charters, Faculty of Law, University of Auckland 10am Morning Refreshment Break Common Law Constitutionalism • Laureate Professor Emeritus Cheryl Saunders, Melbourne Law School, 10.30am University of Melbourne • Professor Janet McLean, Faculty of Law, University of Auckland • Chair: Jack Hodder QC, Barrister, Thornton Chambers The Supervisory Jurisdiction and Administrative Justice • Hon Justice Rosalie Abella, Judge of the Supreme Court of Canada 12pm • Dr Rodney Harrison QC, Barrister • Chair: Hon Justice Dame Ellen France, New Zealand Supreme Court 1.30pm Lunch Environmental Justice and Climate Change • Professor Christina Voigt, University of Oslo 2.15pm • Davey Salmon, Partner, Lee Salmon Long • Chair: Hon Justice Tony Randerson, formerly of the Court of Appeal 3.45pm Afternoon Refreshment Break Topics in Private Law • Hon Dame Justice Susan Glazebrook, Supreme Court of New Zealand 4pm • Professor Peter Watts QC, Barrister, Bankside Chambers • Chair: Dr Campbell Walker QC, Barrister 5.30pm Day One Concludes For more information and to register: www.legalresearch.org.nz/events | [email protected] | (09) 923 6035 CONFERENCE PROGRAMME: Day two Friday, 1st February 2019 Where to for Indigenous Rights and Reconciliation? • Manuel Cepeda Espinosa, President Emeritus of the International Association of Constitutional Law and former President of the Constitutional Court of Colombia 9am • Rt Hon Sir Kenneth Keith, formerly a Judge of the Supreme Court of New Zealand • Dr Moana Jackson, Director of Ngā Kaiwhakamārama | Ngā Ture • Chair: Hon Justice Joe Williams, Court of Appeal of New Zealand 10.30am Morning Refreshment Break Criminal Law • Judge Nancy Gertner, former US Federal Judge and current lecturer Harvard 11am Law School • Professor Kris Gledhill, Law School, Auckland University of Technology • Chair: Hon Justice Sir William Young, Supreme Court of New Zealand 12.30pm Lunch Human Rights • Kate O’Regan, Director of the Bonavero Institute of Human Rights, Faculty of Law, 1.30pm Oxford University and formerly a judge of the Constitutional Court of South Africa • Hon Chief Justice Susan Kiefel AC, Chief Justice of the High Court of Australia • Chair: Professor Paul Rishworth QC, Crown Law 3pm Afternoon Refreshment Break Judging • Hon Sir Anthony Mason AC KBE CBE QC, formerly the Chief Justice of the High 3.30pm Court of Australia • Professor Jeremy Waldron, School of Law, New York University • Chair: Hon Justice Helen Winkelmann, Court of Appeal of New Zealand 5pm Close of Conference 6.30pm Cocktail Reception and Gala Dinner, Auckland Museum Accommodation near the conference venue: The Cordis Hotel The Pullman Hotel The Quadrant Apartments 83 Symonds St, Grafton Corner Princes Street and Waterloo 10 Waterloo Quadrant, Auckland 1010 Quadrant, Auckland 1010 Auckland, 1010 (09) 379 5132 (09) 353 1000 (09) 984 6000 For more information and to register: www.legalresearch.org.nz/events | [email protected] | (09) 923 6035.
Recommended publications
  • From Privy Council to Supreme Court: a Rite of Passage for New Zealand’S Legal System

    From Privy Council to Supreme Court: a Rite of Passage for New Zealand’S Legal System

    THE HARKNESS HENRY LECTURE FROM PRIVY COUNCIL TO SUPREME COURT: A RITE OF PASSAGE FOR NEW ZEALAND’S LEGAL SYSTEM BY PROFESSOR MARGARET WILSON* I. INTRODUCTION May I first thank Harkness Henry for the invitation to deliver the 2010 Lecture. It gives me an opportunity to pay a special tribute to the firm for their support for the Waikato Law Faculty that has endured over the 20 years life of the Faculty. The relationship between academia and the profession is a special and important one. It is essential to the delivery of quality legal services to our community but also to the maintenance of the rule of law. Harkness Henry has also employed many of the fine Waikato law graduates who continue to practice their legal skills and provide leadership in the profession, including the Hamilton Women Lawyers Association that hosted a very enjoyable dinner in July. I have decided this evening to talk about my experience as Attorney General in the establish- ment of New Zealand’s new Supreme Court, which is now in its fifth year. In New Zealand, the Attorney General is a Member of the Cabinet and advises the Cabinet on legal matters. The Solici- tor General, who is the head of the Crown Law Office and chief legal official, is responsible for advising the Attorney General. It is in matters of what I would term legal policy that the Attorney General’s advice is normally sought although Cabinet also requires legal opinions from time to time. The other important role of the Attorney General is to advise the Governor General on the appointment of judges in all jurisdictions except the Mäori Land Court, where the appointment is made by the Minister of Mäori Affairs in consultation with the Attorney General.
  • Ascertaining the Meaning of Legislation – a Question of Context

    Ascertaining the Meaning of Legislation – a Question of Context

    629 ASCERTAINING THE MEANING OF LEGISLATION – A QUESTION OF CONTEXT Cathy Nijman* It has been said that "no word in an Act can be safely interpreted out of its context". Yet, Parliament was sufficiently concerned about the courts' use of external context as an aid to statutory interpretation to decide consciously to omit reference to "context" when enacting section 5(1) of the Interpretation Act 1999. This paper investigates the reasons for Parliament's concern. It examines cases decided before and after the enactment of section 5(1) to establish past and present judicial practice when using external context as an interpretive aid. The paper concludes that the omission of "context from section 5(1) has not altered the courts' principled approach to matters of interpretation, and it demonstrates that consideration of external context is an essential corollary to the purposive approach to statutory interpretation mandated by Parliament for over 100 years. I INTRODUCTION Statutory interpretation was at the heart of the case described by the late Lord Cooke of Thorndon1 "[as] perhaps as important for the future of our country as any that has come before a New Zealand Court".2 New Zealand has placed heavy reliance on statute law since the country was first settled as a British colony.3 That early preference for statute law, accompanied by close attention to statutory construction and scheme, permeates much of New Zealand's legal history and * Submitted as part of the LLB(Hons) programme at Victoria University of Wellington. 1 Robin Brunskill Cooke, Baron Cooke of Thorndon, 9 May 1926-30 August 2006.
  • 2016 Annual Report

    2016 Annual Report

    ANNUAL REPORT 2016 INTRODUCTION Andre Brönnimann with two of the subjects of his winning portrait - Ria Wihapi Waikerepuru and Te Rawanake Robinson-Coles at the opening of the Adam Portraiture Award 2016. Treasurers, first John Sladden and then Richard 2016 was a year of Tuckey, to improve the quality of our budgets and endeavour, rewarded financial control. We are all very grateful for the commitment, the good humour and fellowship that over almost all of the full David brought to our affairs. Our fellow Trustee, Mike Curtis – a Partner with Deloitte – continued as range of our activities. It Chairman of the Finance and Planning Committee. presented us with a number In December we were pleased to be able to elect two new Trustees. Dr. David Galler, a well-known of challenges, ones of intensive care specialist in Auckland, and the personnel; of gallery space; author of a recent bestselling book about his life and work, Things That Matter. David brings his of governance; and, as wide knowledge of Auckland to our deliberations, along with a strong management background and always, of funding. a life-long interest in art. Helen Kedgley, who was Director of the Pātaka Art and Museum in Porirua But I would like to start by stating my own personal pleasure and satisfaction at the excellence of last year’s exhibition programme, a view that is shared, I know, by many of you. Quite apart from their intrinsic interest, and the pleasure as well as insight that they bring, these presentations are enhancing our reputation nationally and leading to increased cooperation with galleries and collectors both in this country and overseas.
  • Public Defence Service an Important Influence on Criminal Law Practice

    Public Defence Service an Important Influence on Criminal Law Practice

    ISSUE 933 · OCTOBER 2019 Public Defence Service An important influence on criminal law practice Reflections on a Pro bono legal Red flags! Is your US lawyers, ground –breaking services support law office as judges and Feminist Moot Canterbury healthy as you civil rights Muslim think? community Page 19 Page 42 Page 51 Page 72 Need Research? Use us as your legal research provider The NZLS Library, legal research and document delivery service is fast, e cient and thorough. With our extensive resources we can provide comprehensive cost-e ective searches of case law and commentary both in New Zealand and internationally. FOR MORE INFORMATION ABOUT OUR SERVICES: www.lawsociety.org.nz/law-library AUCKLAND [email protected] 304 1020 WELLINGTON [email protected] 473 6202 CANTERBURY [email protected] 377 1852 Photo by Sippanont Samchai Sippanont CC-By-NC-ND by Photo A BEQUEST TO THOSE WHO NEED IT MOST A Bequest to the Society of St Vincent The Society is a Catholic organisation de Paul is a lasting way to help the which recently celebrated 150 years most disadvantaged and needy in of compassion and service to the our community. people of New Zealand. Your Bequest will ensure the Society’s We have a nationwide network of vital work of charity and justice workers and helpers who provide continues to thrive. practical assistance every day to people in desperate situations. Help is offered Be assured it will make a huge to all, regardless of origin, cultural difference where the need is greatest. background or religious belief.
  • Yearbook of New Zealand Jurisprudence

    Yearbook of New Zealand Jurisprudence

    Yearbook of New Zealand Jurisprudence Editor Dr Richard A Benton Editor: Dr Richard Benton The Yearbook of New Zealand Jurisprudence is published annually by the University of Waikato, Te Piringa – Faculty of Law. Subscription to the Yearbook costs NZ$40 (incl gst) per year in New Zealand and US$45 (including postage) overseas. Advertising space is available at a cost of NZ$200 for a full page and NZ$100 for a half page. Communications should be addressed to: The Editor Yearbook of New Zealand Jurisprudence School of Law The University of Waikato Private Bag 3105 Hamilton 3240 New Zealand North American readers should obtain subscriptions directly from the North American agents: Gaunt Inc Gaunt Building 3011 Gulf Drive Holmes Beach, Florida 34217-2199 Telephone: 941-778-5211, Fax: 941-778-5252, Email: [email protected] This issue may be cited as (2010) Vol 13 Yearbook of New Zealand Jurisprudence. All rights reserved ©. Apart from any fair dealing for the purpose of private study, research, criticism or review, as permitted under the Copyright Act 1994, no part may be reproduced by any process without permission of the publisher. ISSN No. 1174-4243 Yearbook of New ZealaNd JurisprudeNce Volume 13 2010 Contents foreword The Hon Sir Anand Satyanand i preface – of The Hon Justice Sir David Baragwanath v editor’s iNtroductioN ix Dr Alex Frame, Wayne Rumbles and Dr Richard Benton 1 Dr Alex Frame 20 Wayne Rumbles 29 Dr Richard A Benton 38 Professor John Farrar 51 Helen Aikman QC 66 certaiNtY Dr Tamasailau Suaalii-Sauni 70 Dr Claire Slatter 89 Melody Kapilialoha MacKenzie 112 The Hon Justice Sir Edward Taihakurei Durie 152 Robert Joseph 160 a uNitarY state The Hon Justice Paul Heath 194 Dr Grant Young 213 The Hon Deputy Chief Judge Caren Fox 224 Dr Guy Powles 238 Notes oN coNtributors 254 foreword 1 University, Distinguished Guests, Ladies and Gentlemen, I greet you in the Niuean, Tokelauan and Sign Language.
  • High Court of New Zealand Decisions

    High Court of New Zealand Decisions

    3/6/2020 Smith v Fonterra Co-Operative Group Limited [2020] NZHC 419 (6 March 2020) Home | Databases | WorldLII | Search | Feedback High Court of New Zealand Decisions You are here: NZLII >> Databases >> High Court of New Zealand Decisions >> 2020 >> [2020] NZHC 419 Database Search | Name Search | Recent Decisions | Noteup | LawCite | Download | Help Smith v Fonterra Co-Operative Group Limited [2020] NZHC 419 (6 March 2020) Last Updated: 6 March 2020 IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE CIV-2019-404-001730 [2020] NZHC 419 BETWEEN MICHAEL JOHN SMITH Plaintiff AND FONTERRA CO-OPERATIVE GROUP LIMITED First Defendant GENESIS ENERGY LIMITED Second Defendant DAIRY HOLDINGS LIMITED Third Defendant /Contd... Hearing: 3-4 February 2020 Appearances: D Salmon and D Bullock for Plaintiff D Kalderimis and N Swan for First Defendant S J P Ladd and B A Keown for Second Defendant J M Appleyard and A Hill for Third Defendant D T Broadmore and A N Birkinshaw for Fourth Defendant T Smith and A Lampitt for Fifth Defendant A J Horne and O K Brown for Sixth Defendant R J Gordon and A M B Leggat for Seventh Defendant Judgment: 6 March 2020 RESERVED JUDGMENT OF WYLIE J www.nzlii.org/nz/cases/NZHC/2020/419.html 1/28 3/6/2020 Smith v Fonterra Co-Operative Group Limited [2020] NZHC 419 (6 March 2020) This judgment was delivered by Justice Wylie On 6 March 2020 at 11.30 am Pursuant to r 11.5 of the High Court Rules Registrar/Deputy Registrar Date:.............................
  • PASSING the TORCH New Zealand’S New Chief Justice and Law Society President

    PASSING the TORCH New Zealand’S New Chief Justice and Law Society President

    ISSUE 927 · APRIL 2019 PASSING THE TORCH New Zealand’s new Chief Justice and Law Society President The The Harmful Digital A rare honour: Government's Viagogo Communications Queen's lawman: David case Counsel in Parker, Attorney New Zealand General Page 35 Page 42 Page 46 Page 72 You can count on us. M2 protected with area replacement cover: * 8 4 2 9 7 4 0 8,429,740. That’s the square Talk to us about our house, meterage of buildings that MAS contents and car insurance Members have covered by our Area Replacement house insurance today by calling 0800 800 627 option, without having to worry or visit mas.co.nz about getting the cost to rebuild their house wrong. *Count based on recorded policy data as at 30 Sept 2017. Please see the full policy wordings which are available at All they need to do is to tell us how mas.co.nz or by calling 0800 800 627. big the house is and to count on us MAS is a Qualifying Financial Entity (QFE) under the Financial Advisers Act 2008. Our QFE disclosure statement to look after the rest. is available at mas.co.nz or by calling 0800 800 627. Meet your new CDD partner Evaluate. Secure. Guard. For local and global protection, talk to the people that live and breathe trade marks. zone law intellectual property and business law First AML is more than just a third evaluate party service. Understanding your secure zone ip guard business and your customers, we’re the right partner for your Customer FIRST Due Diligence requirements.FIRST FIRST FIRST FIRST AML FIRSTAML.CO.NZ AML WGTN +64 4 801 5040 I AKL +64AML 9 352
  • Accessing New Zealand's Civil Courts As a Litigant in Person

    Accessing New Zealand's Civil Courts As a Litigant in Person

    University of Otago Faculty of Law Keeping Up Appearances: Accessing New Zealand’s Civil Courts as a Litigant in Person Bridgette Toy-Cronin A thesis submitted for the degree of Doctor of Philosophy 31 July 2015 Abstract It is commonly believed that more and more people are going to court without a lawyer, both in New Zealand and in other common law jurisdictions. The right to appear in court in person is essential to the legitimacy of the courts. That legitimacy would be harmed if the courts were only accessible to those with the means to pay for legal representation. When litigants take up their right to appear in person, they encounter a system primarily designed for lawyers, however. So they confront a fundamental contradiction: the courts must appear to be accessible to litigants but they cannot grant too much access or they will be choked by the demand. Furthermore, the right of access in person lacks substance in many cases, because the system cannot easily be navigated without a lawyer. Using several qualitative methods including interviews, document review and participant observation, this thesis asks, first, why are litigants going to New Zealand’s civil courts without a lawyer? Second, what is their experience of litigating in person? Third, how do the inhabitants of the court system – the judges, lawyers and court staff – perceive litigants in person and respond to them? The research participants included litigants in person (LiPs) (34), court staff (8), lawyers (16) and judges (13), so that their different perspectives could be considered. The study began with a detailed exploration of the perspectives of LiPs, who participated either in interviews or via a case study.
  • Waikato Law Review Taumauri Volume 19, 2011

    Waikato Law Review Taumauri Volume 19, 2011

    WAIKATO LAW REVIEW TAUMAURI VOLUME 19, 2011 Fundamentals: A Constitutional Conversation 1 Chief Justice Sian Elias The Evolution from Form to Substance in Tax Law: The Demise of the Dysfunctional “Metwand” 17 E W Thomas Liberty and Justice in the Face of Terrorist Threats to Society 61 Sir David Baragwanath The Architecture of Elections in New Zealand: A Governor-General’s Perspective 79 Rt Hon Sir Anand Satyanand, GNZM, QSO Lawyers and Unpopular Clients 90 The Hon Christopher Finlayson Bonkers and Ors v The Police: Judgment of Athena J in the High Court 94 E W Thomas How International Law Has Influenced the National Policy and Law Related to Indigenous Peoples in the Arctic 123 Timo Koivurova and Adam Stepien The Future of Environmental Law 144 David J Round The Purpose of Substantially Lessening Competition: The Divergence of New Zealand and Australian Law 168 Paul G Scott Justice Baragwanath: A Student’s Tribute 194 Max Harris Developments in New Zealand Jurisprudence 203 Professor Margaret Wilson What About the Wa¯hine? Can an Alternative Sentencing Practice Reduce the Rate that Ma¯ori Women Fill Our Prisons? An Argument for the Implementation of Indigenous Sentencing Courts in New Zealand 206 Gregory Burt Book Review: The New Lawyer: How Settlement is Transforming the Practice of Law 219 Les Arthur Book Review: Judicial Recusal – Principles, Process and Problems 226 Morné Olivier Book Review: Seeing the World Whole – Essays in Honour of Sir Kenneth Keith 232 Myra Williamson Co-Editors in Chief Juliet Chevalier-Watts and Associate Professor Kate Diesfeld Editor, New Zealand Jurisprudence Professor Margaret Wilson Editor, Mäori/Indigenous Submissions Robert Joseph Editor, Student Submissions Gay Morgan Editor, Book Reviews Joel Manyam Editorial Support Janine Pickering Student Editors Erika Roberson and Amelda Schrenk EDITORIAL ADVISORY BOARD Chief Justice, The Honourable Dame Sian Elias (honorary member), Chief Justice of New Zealand.
  • New Zealand Law Society 1869-2019

    New Zealand Law Society 1869-2019

    A Changing Profession NEW ZEALAND LAW SOCIETY 1869-2019 BY GEOFF ADLAM 18 LAWTALK 932 · SEPTEMBER 2019 NEW ZEALAND LAW SOCIETY ◂ Portrait of Sir James Prendergast, ca 1890–1900 Ref: 1/2-031752-F. Alexander Turnbull Library, Wellington, New Zealand On 20 November the New Zealand Law Society Act 1869 Amendment Act 1877 makes it lawful for Law Society members to form a district law society in any Supreme Court district and to elect a Council. The New Zealand Jurist says the number of legal prac- titioners in New Zealand is 225. 1869 1870 1875 1876 1877 On 19 February by warrant James Prendergast is the Governor appoints a appointed Chief Justice. As 12-man Council with James far as can be determined, Prendergast, Attorney- no successor as President General, as President. was appointed. On 3 September Parliament passes the New Zealand Law Society’s Act 1869, for all bar- risters and solicitors of the Supreme Court lawfully practising within the Colony of New Zealand to “for ever hereafter be and be called one body politic and corporate in deed and in law by the name of style of ‘The New Zealand Law Society’.” The New Zealand Law Society is the second lawyers’ organisation to come into exist- ▸ New Zealand Law ence. On 16 October 1868 the Canterbury Society’s Act 1869 District Law Society was established at a New Zealand Acts As meeting in Christchurch. Enacted, NZLII 19 NEW ZEALAND LAW SOCIETY SEPTEMBER 2019 · LAWTALK 932 ◂ Sir Āpirana Ngata, photographed in 1910 by Herman John Schmidt Ref: 1/1-001566-G.
  • Address to the Law Commission's 20Th

    Address to the Law Commission's 20Th

    1 Interweavers: The Contribution of the Judiciary to New Zealand Law Rt Hon Dame Sian Elias* When I first spoke to Sir Geoffrey about giving a paper at this conference (his idea, not mine), I thought I was being asked to speak about the contribution of judges to law reform. It was something of a shock to see that the programme had me addressing the grander and more daunting topic of “the contribution of the New Zealand judiciary to New Zealand law”. At least, I thought it was a daunting topic. On Wednesday, at the swearing in of the new Governor-General, I mentioned to a senior member of the government that I would have to slip away early to get going on what I was going to say today. She was brisk. “The contribution of New Zealand judges to law? That’s easy. Judges apply the law.” Well, of course, that’s true, but the difficult question is how judges identify what the law is they must apply. That requires consideration of judicial function and how judges fit into a wider conception of law. The Law Commission was set up to keep under review in a systematic way the law of New Zealand. At the insistence of its first President, Sir Owen Woodhouse, its function was wider than law reform. I am not sure that the point he was making is in itself one of substance. Law is always changing and reforming. So a Law Commission cannot help but be a law reform commission. Change, in the end, has to be justified against the existing legal order.
  • The Wheels of Justice: Understanding the Pace of Civil High Court Cases

    The Wheels of Justice: Understanding the Pace of Civil High Court Cases

    The Wheels of Justice: Understanding the Pace of Civil High Court Cases Bridgette Toy-Cronin, Bridget Irvine, A report of the University of Otago Legal Issues Centre Kayla Stewart and Mark Henaghan with support from the New Zealand Law Foundation ISBN 978-0-473-41311-8 Executive Summary Delays in the court process are a key obstacle in accessing justice. Delay creates costs; not only in the loss of time but also financial and psychological costs. These costs are borne by the litigants, the economy, and the public purse. This is the first major New Zealand study to investigate the pace of High Court civil cases and to examine if, and where, delays might occur. In this report, we look at both the overall length of cases, and we focus on various points in the life of a case where delay might occur. We have used mixed methods to study these issues: a quantitative analysis of data provided by the Ministry of Justice, an analysis of physical court files, and interviews with lawyers, judges, court staff, and litigants. Determining the overall length of a case is a more complex task than it appears on its face, particularly as there are limitations to the data recorded by the Ministry of Justice. Where possible, we have used our analysis of the physical court files to overcome these limitations and evaluate case length. On average, a case filed in the High Court will conclude within 191.5 days. General proceedings, one of the types of civil proceedings heard by the High Court, frequently exceeded the average case length, taking an average of 381 days to conclude.