Tēnā koutou katoa
The end of the year gives us the opportunity to reflect on events and achievements during the year, and to look forward to the work that awaits us in the New Year. It also gives me the opportunity to thank all members of the profession for the work you do to support the rule of law in our society, and the operation of our courts.
One of the stand-out features of 2024 for me has been the extent to which the profession and judiciary have worked together to make our court system better – safer, more efficient, and more responsive to the needs of its users. The judiciary meets with the profession frequently and in a variety of forums – from monthly meetings between the Chief High Court Judge and Chief District Court Judge and senior representatives of the profession, to courthouse-based meetings with the local profession.
Together we are also taking on other important work. For example, through the Criminal Practice Committee the profession, the judiciary and government agencies involved in criminal justice meet to discuss and together find solutions to the pressing issues facing the criminal justice system. In another forum, representatives of the profession, coordinated by the New Zealand Law Society, are assisting the judiciary and Ministry of Justice with the design and scope of Te Au Reka, the digital case flow management system that will transform document and file management in the courts. The input of those members of the profession will ensure that the system, when implemented, will support lawyers and their clients to deal with the courts, and access information, in a simpler and more efficient way than under our present paper-based system.
These are just some examples of the profession’s contribution this year to make the systems that support our courts better and, ultimately, more just. I have no doubt that the cooperation and goodwill the profession brings to these many forums is critical to our court system.
I know that this work is done on top of busy day jobs. As to that, I acknowledge how hard members of the profession work every day in our courts, and how important the work you do for your clients is for our communities, and for our justice system. I also acknowledge that the context in which this work is done has deteriorated in recent years, with increased financial pressure, and increased concern about wellbeing and security.
Security is a priority for the judiciary. This year has seen a rise in number of onsite assaults across all courts. I take the concerns that the profession has expressed in relation to security very seriously. It is important that everyone who works in our courts, or visits our courts, is safe and feels safe while they are in court buildings. Next year I expect the profession will be more directly involved in the thinking and the work already underway to meet what are very legitimate security concerns.
I also see potential for the judiciary to provide support to the profession by sharing information and educational opportunities. I hope that you will have seen the release of the Criminal Jury Trials Bench Book in November, on the Courts of NZ website. This provides lawyers who practise criminal law easy access to accessible information regarding elements of offences, and evidential directions, which should help ease the burden of trial preparation. It is also beneficial to the judiciary – a couple of constructive suggestions raised by practitioners have already led to minor improvements to this bench book. More bench books will be released next year – beginning with Te Puna Manawa Whenua | The Māori Land Court Bench Book, then the Sexual Violence Bench Book and Kia Mana te Tangata | Judging in Context: A Handbook. It is my intention that all bench books will become publicly accessible, as resources permit.
Next year also, Te Kura Kaiwhakawā will begin work on planning educational opportunities in which the judiciary and the profession can participate. Topics under consideration for this include caregiver sentencing, diversity education and seminars focusing specifically on the Royal Commission of Inquiry into Abuse in Care’s report and recommendations. In this way I hope that we can further develop the ways in which the judiciary and the profession can work together to support just outcomes.
Finally, and on behalf of my fellow heads of bench, I wish you all a happy festive season with family and friends.
Hei konā mai i roto i āku mihi,
Helen Winkelmann
Chief Justice | Te Tumu Whakawā