New Zealand Law Society - Law Society urges Government action over Minister’s Judiciary comments

Law Society urges Government action over Minister’s Judiciary comments

The Law Society has urged the Government to make a clear, public statement reminding all Ministers of their obligations and duties in respect of the judiciary, and the consequences that will likely follow if those obligations continue to be breached.

Following reports of Hon Shane Jones’ comments about High Court Judge, Justice Cheryl Gwyn, the New Zealand Law Society Te Kāhui Ture o Aotearoa wrote to the Attorney General on 23 August to record its concern that the comments questioned both the objectivity and impartiality of the Judge.

In light of the reports of further comments made by the Minister yesterday (29 August 2024), the Law Society has written to the Attorney General again.

Ministers of the Crown have a duty to uphold and respect the role of the judiciary. The fundamental constitutional conventions of comity and mutual respect require that they refrain from commenting adversely on the impartiality, personal views, and competence of the judiciary.

Vice President of the Law Society, David Campbell says “We are of the view that the Minister’s comments have breached these fundamental principles of comity and mutual respect. While the Law Society acknowledges the Attorney-General’s efforts so far to uphold and protect the role of the judiciary, we consider stronger assurances are now required.”

Read the full letter to the Attorney General, 30 August 2024

Read the previous letter to the Attorney General, 23 August 2024