New Zealand’s justice system is “under considerable stress”, with not enough judges and courtrooms among a number of issues.
Chief Justice Helen Winkelmann has highlighted those issues in her annual report for 2024, which was released on Wednesday.
“Judges usually speak only through their judgments. This report provides the opportunity for the judiciary to speak publicly about the functioning of the courts, and in particular the challenges and opportunities for access to justice and the operation of the courts,” Winkelmann said.
In the report, there is mention of the challenges facing the legal profession, including high workloads, difficult and distressing subject matter, security concerns in the courts and a constrained legal aid system.
Despite the population rising by 25% since 2004, the complexity of cases and hearings have only increased. The Chief Justice said there had been a statutory cap of 55 judges since 2004, but that has increased by two in the latest budget.
“We’re very grateful for that, but that lift alone will not be enough to address the timings issues in the senior courts,” Winkelmann said. “I have no doubt that the lack of judicial resource is impacting timeliness.”
Courtrooms also is an issue and a priority, the Chief Justice said.
For example, there is only one courtroom available to the High Court at Whangārei to deal with all the criminal and civil work of Northland.
“Whangārei has one of the highest homicide rates in New Zealand...this has a direct impact on time to trial and the Whangārei High Court trials are now being scheduled into early 2028.”
Serving vulnerable communities
Te Ao Mārama (the world of light) - enhancing justice for all - is a new operating model in the District Court to enhance justice for all by connecting defendants and whānau with community and government agencies that can support change.
The Chief Justice acknowledged the disproportionate representation of Māori in the justice system and how almost all (91%) of people in prison have a lifetime diagnosable mental illness or substance abuse disorder and often have other conditions such as fetal alcohol spectrum disorder.
“Those with a disability are over-represented throughout our judicial system, whether it is in the criminal process proceedings or whether it is in civil claims in the lower level,” Winkelmann said.
The Royal Commission of Inquiry into abuse in state care and faith-based care highlighted how institutions and systems, including the justice system, failed to protect the most vulnerable members of society.
“This failure was compounded by the failures over many years to acknowledge those wrongs and to assist survivors as they try to access justice and sought compensation for the harm that was done,” Winkelmann said.
The Chief Justice said there were further barriers to those accessing justice, including inadequate support to navigate the court processes and the re-traumatising effects of being in the court system.
That report said there was evidence of the association between abuse in state care and the likelihood of ending up in prison.
“As Chief Justice, I made it clear to all judges that the report of the Royal Commission of Inquiry into abuse in state care and faith-based care is required reading,” she said.
“We note the need for judges to make a trauma-informed approach when dealing with survivors of abuse and state and faith-based care.”
Independent judiciary
New Zealand ranks sixth out of 142 countries on the World Justice Project’s Rule of Law Index.
“Our high ranking is based in significant part on the assessment that New Zealand’s judiciary is independent and free from corruption... Even so, New Zealand cannot afford to be complacent,” the report said.
However, there has been an increase in ministers making comments and critiques about the judiciary and its processes - something the Chief Justice said she was concerned about.
Attorney General Judith Collins recently spoke with Minister of Workplace Relations Brooke van Velden after she said recently appointed Employment Relations Authority members should offer smaller awards to workers and criticised current members for being too generous to wronged workers.
Last year, Shane Jones described “elements of totalitarianism” in the justice system, shortly after labelling one judge “communist”.
“My key goal to look at the strength of the judiciary as an institution and its independence is an absolutely fundamental aspect of the strength of the judiciary... if the judiciary is not seen to be independent, then it loses all credibility,” the Chief Justice said.
“So yes, I’m always concerned, but I should say that in New Zealand, I'm pleased to say that that there is a response to conduct like that... it’s my role to raise concerns about statements such as that with the Attorney General... and I do raise those concerns.”
The Chief Justice said the Law Society is also important in defending the independence of the judiciary and raising issues with the Attorney General.