If you have issues viewing or accessing this file contact us at NCJRS.gov. (' "~ .~." r, '.:: .. "."." ~,. ,<"'(;:v ~ Te Whainga i Te Tika In Search of Justice 108668 U$, Department ot Justice Natlonallnstltule ot Justice Th.s document has poen leproduced exactly as receIved lrom Ihe p&rSon or olgiln,zallon 01l9'0a1109II POlnta of vIew or opInions slaled 10 IhlS document ale Ihosa of lhe ~uthors and dn not necessanly ,epresent tho off,Cial pOSlllon or pollcle, of the National InsllMe of JUSUCB Perm19Sl0n to reproduce Ihls copy"ght~d ...,alOllal has beon granltd by Ne"", .Z.caland. Gover.nInaQt Printing. Q ffice._... ..,_,__ ..,,,_. 10 Ihe NatIonal enr"'"a! Jus,,~e Reference Servlco {NCJRSl Furlher reproductIon Culsldo of Iho NC.JAS syslem reqUItes permls­ $100 of the COPYIIght ()Woel JAtt 15 1988 . , FOREWORD Since the publication in 1982 and 1983 of the interim and froal reports of the Working Party on Access to the Law which discussed the provision of government assisted and community-based legal services in New Zealand there have been a number of changes in those services but much remains essentially the same. Two of the key recommendations of the final report were the introduction of a new Legal Services Act to replace the Legal Aid Act 1969 and Offenders Legal Aid Act 1954 and the establishment of a Legal Services Board to oversee and co-ordinate legal services in New Zealand. Many of the other recommendations were to be incorporated in the new Act and the Legal Services Board itself was to further consider a number of the report's proposals. During the preliminary look by the Department of Justice at the policy issues involved it became apparent that because a new Legal Services Act would have such extensive implications it would benefit from being preceded by a wide ranging community consultation on the public needs for legal services. Accordingly I invited Ms Jane Kelsey to stimulate that process. At her initiative the Advisory Committee on Legal Services was formed in February this year. This committee was independent of government (although departmental administrative and budgetary assistance was provided) and relied principally on the efforts of 12 regional co-ordinators chosen for their wide knowledge of and standing in the communities from which they were drawn. Operating under consid.:!rable pressure these co-ordinators through working groups and hui were able to draw on and report the experience of people drawn from a broad range of sectOrs and geographical locations and particularly those in the community with least access to justice. The co-ordinators' reports together with written submissions to the committee have formed the basis for the final document presented here. It represents a tremendous commitment on the part of all those involved. As a report to government "Te Whainga i te Tika-In Search of Justice" represents an extremely valuable resource document. There may well be different views on the conclusions and recommendations in the report. There are certainly other and less critical attitudes in the community towards the law and the legal system than those described in the report. But no one involved in any part of the current legal system can afford to ignore the perceptions of the system it records. In fact those perceptions and the issues rai&ed have implications that extend beyond the area of law and justice to the fields of social policy, race relations, health and the environment. Neither I nor the Government are committed to any of the approaches or proposals put forward in the report. r am confident, however, that its publication will stimulate a timely and, I hope, constructive debate on some major issues relating to our legal system today. It is being given wide distribution for this purpose. I believe that such a dis(llssiort, drawing on the important material and ideas in this report, should assist the development of proposals for a new Legal Services Act that will enjoy broad support in the community. Time may not allow all the issues and recommendations in the report to be considered immediately in the context of a new Legal Services Act. If that proves to be the case, however, I would regard it as important that the new Act provide a mechanism for ensuring that any outstanding issues from the report and any other matters that arise from public discussion of it are given full and careful consideration. 1 should like to record my thanks to the AdVisory Committee for their dedication and hard work in producing in such a relatively short time this wide ranging and thought iii Sig " provoking report. I should also like to express my thanks to all those individuals and organisations that made submissions to the Advisory Committee. The time and effort th~y hav!;' taken to contribute to this subject are a measure of its importance and of their OWl. -commitment to a more just New Zealand. Pub\':ic submissions should be forwarded by 15 January 1987 to: Secretary Advisory Group on Legal Services Department of Justice Private Bag WELLINGTON Geoffrey Palmer Minister of Justice iv Xi te Minita, Tena koe, I runga i te haringa ngakau ka tukuna atu matou tenei ripoata-TB WHAINGA I TE TII<A: IN SEARCH OF JUSTICE-ki a koe, me to matou whakapono kei roto e whakaahua ana ko nga tino auetanga me nga wawata 0 ratou kahore nei e whiwhi ana ki te tika. B whakahonore ana matou i a ratou kua hurl ki tua 0 te arai; tae ano ki nga uri whakatupu. Otira, te hunga na ratou enei korero, me te hunga kei ia ratou nei te mana ki te whakawhiwhi i te tika ki te katoa. Ko ta marou e tumanako nei, ko tenei ripoata kia haere ki roto ki nga iwi hei putake whiriwhiri, wananga hoki, kia puta a tona wa he kaupapa whakawhiwhi i tenei taonga i te tika ki te katoa e noho ake nei i Aotearoa. Kia ora. To the Minister of Justice, Greetings, We are pleased to present to you this report-TB WHAINGA I TE TIKA: IN SEARCH OF JUSTICE-with our belief that it reflects the deeply felt views, concerns and aspirations of those denied access to justice. We wish to honour those who have gone before, and those generations still to come; those who have placed their trust in us to convey their message, and those with the power to deliver the right to justice. We trust that this report will be widely distributed amongst the people, and provide the source for constructive debate and enlightened decisions to ensure justice for all in Aotearoa. v ADVISORY COMMITTEE ON LEGAL SERVICES Dickson Chapman, Youth Worker Co-ordinator Wairarapa/Wellington/Manawatu Piers Davies, Barrister and Solicitor Convenor Edward Douglas, Demographer Co-ordinator Waikato/Maniapoto John Hipp()1ite, Community Officer Co-ordinator N elson/Marlbnrough/West Coast Milton Hohaia, Farmer Co-ordinator, Taranaki David Hurley, Barrister and Solicitor Representative, New Zealand Law Society Jane Kelsey, Lecturer in Law Secretary!Research Co-ordinator Eruera Tahuaroa, Community Officer Co-ordinato! Tamaki Makaurau Hana Ma,xwdl, Community Worker Co-ordinato! Tai Tokerau David Miller, Community Education Officer Co-ordinato! Otago/Southland Sandra Morrison, Ptobation Officer Co-ordinator Rotorua/Bay of Plenty Rev. James Tahere, Anglican Missioner Co-ordinato! Canterbury Sam D'Tai, Community Worker Maggie Ryland, Community Worker } Joint Co-ordinators Tai Rawhiti Don Hutana, Community Educator TERMS OF REFERENCE To inquire into, and report on, community needs for access to justice, and specifically fo! legal services, and measures which can be adopted to meet those needs in a Legal Services Act. The Advisory Committee is to consider types of services needed, and the means and structures for their provision and funding. The AdviSOry Committee shall take into account Labour Party poHcy on access to justice, which is: 'To render our system of law and justice comprehensible, affordable, and accessible to all citizens by: (a) including 'Law and Justice' as a core curriculum subject in all schools to the 5th form; (b) funding a comprehensive network of community law centres, which will be free, independent and entitled to represent citizens in courts of law in their own right; (c) funding and promoting community based and controlled legal self-sufficiency and para-legal training programmes, to ensure that all people in rural and urban areas enjoy the right of access to justice.' vii CONTENTS Page A, Introduction 1 B. Fundamental Principles for Legal Services 3 '7 C. Summary of Major Recommendations I D. Priority Sectors and Legal Services 13 1. Maori 13 2. Rural 20 3. Children and Young People 22 4. Women 25 5. Victims 25 6. Unemployed and Paid Workers 27 7. Elderly 28 8. Psychiatric Patients 29 9. Prisoners 31 10. Pacific Peoples 33 E. Lawyers, Courts and Access to Justice 37 1. Lawyers 37 2. Criminal Courts 39 3. Criminal Laws 42 4. Community Hearings 44 5. Family Court . 47 6. Children and Young Persons' Court 48 7. Small Claims Tribunals 48 8. Community Mediation 49 9. Te Reo Maori 49 F. Maori Legal Services 53 1. Te Runanga Ture Tika/Maori Lore Commission 53 2. Maori Legal Service 54 3. Maori Land 55 4. Waitangi Tribunal 56 C. Criminal Legal Services 59 1. Police 59 2. Prosecution 62 3. Criminal Legal Aid 63 4.. Kai Awhina/Lay Advocates 65 5. Public Advor,ates 67 6. Costs in Criminal Cases 72 H. Community Legal Services 75 1. Legal Information 75 2. Legal Education 76 3. Legal Wananga 77 4. Legal Services Centres 78 5. Citizens Advice Bureaux 80 6. Para-legal Workers 80 7.