Proposed Changes to Court System
After three years' work, the Law Commission is recommending sweeping reform of the current system, which it likens to an impenetrable maze. It says most NZers who have dealings with the courts are highly critical of the way the system treats them, and feel the courts are operating for those who work in them, rather than those they serve.
The Commission identifies as a critical reason for the problems the serious overloading of the 24-year-old District Court, which it says has too wide a scope and is working neither efficiently nor effectively. It proposes three courts to replace it: a Community Court, a Primary Civil Court and a Primary Criminal Court. All three would be part of a first tier of nine "primary courts", including the Family, Youth, Environment, Employment, Maori Land and Coroners' courts.
The Commission gives priority to establishing a Community Court, which forms the heart of its recommendations for making the system simpler and easier to use. A Community Court would handle most of the less serious, high-volume criminal and civil cases done by the District Court, such as those cases carrying 10-year maximum prison terms or civil disputes involving sums of up to $50,000.
The Commission suggests this court - intended as a people's court - have its own principles, style and processes and that it stay in touch with its community, including Maori, through special consultation groups and liaison officers.
Alongside it, the Primary Criminal Court would hear most jury trials, except the most serious, while the Primary Civil Court would cover cases involving up to $500,000, a higher threshold which would encompass some of the High Court's workload.
Underscoring the Commission's emphasis on the key supervisory role of the High Court in the system, it wants all nine lower courts made subject to the supervision of the High Court. At the moment appeals from the Employment, Environment and Maori Land courts can bypass the High Court.
On issues of open justice, the Commission has come out in favour of relaxing the restrictions on news media coverage of Family and Youth court cases - as long as children and those involved in domestic violence cases are not identified. Though the media would be allowed to report the proceedings, it recommends that both the Family and Youth courts remain closed to the public.
On the issue of name suppression generally, the Commission recommends a defendant not be named before they appear in court and, except in certain circumstances, until the substance of the case is gone into. It wants victims who request name suppression to get it unless it would not be in the interests of justice.
One controversial recommendation is to limit the right of an accused to elect a jury trial to only serious offences that carry a maximum penalty of five years or more in jail. In response, the Government has said it has made no decision on this and that it wants to get community feedback first.
The Commission also suggests that to lessen the load on the Court of Appeal, a High Court panel hear criminal jury-trial appeals from the existing District Court. And it wants the current range of tribunals to be integrated into one umbrella framework, headed by a Primary Court judge. But among those specifically excluded from such a framework are the Waitangi Tribunal, the Securities and Commerce Commissions, the Disputes and Tenancy Tribunals, the Parole Board and the Employment Relations Authority. It suggests the creation of community justice officers to replace Justices of the Peace, Community Magistrates and Disputes and Tenancy Tribunals referees and adjudicators.
Other recommendations aimed at ensuring defendants have proper legal representation include making a state agency responsible for a network to provide initial legal advice, reforming the duty solicitor scheme and obliging police to inform people in custody about legal aid. The Commission also wants professional conduct rules changed so lawyers have to give clients more information and assurances about the cost of their representation.
This publication, "Justice for All", can be downloaded as PDF files from www.lawcom.govt.nz, or a printed version can be obtained from Colleen Gurney for $20.00: email cgurney@lawcom.govt.nz, phone (04) 473 3453, or fax (04) 471 0959 |
Reproduced with permission of Marie McNicholas and Internet news agency, "NewsRoom"
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