Appendix 2: Judicial and shared committees' summaries

Principal judicial committees

The cross-court Legislation and Law Reform Committee provides the Chief Justice and heads of bench with advice and recommendations on legislation and other law reform proposals that have implications for the operation of the courts and the judiciary. The Committee comprises judges from the courts of general jurisdiction and, as required, representatives of the specialist jurisdictions.

The Committee advises the Chief Justice and heads of bench about Bills and other law reform proposals on which it may be appropriate for the judiciary to comment. Matters that the committee considers, and may bring to the attention of the Chief Justice, include:

• restrictions on accessing the courts, including in particular restrictions on judicial review
• provisions affecting access to justice, including matters such as legal aid and court fees
• changes to any existing role, function, jurisdiction, or power of all courts of general and specialised jurisdiction, including proposals for new roles, functions, jurisdiction or powers of these courts
• measures with implications for the inherent jurisdiction of the High Court
• measures affecting the scope and enforcement of the law of contempt
• proposals affecting the reporting of or commentary on court proceedings
• proposals affecting court procedure, including proposals for separate rules of procedure for a court
• proposals involving the disclosure of court record information
• proposals affecting the role and powers of court registrars
• creation of new offences and penalties and use of the civil jurisdiction to enforce criminal penalties
• creation of new powers of arrest and detention
• proposals affecting the law of evidence, including self-incrimination and privilege
• creation of new powers of investigation, including compulsory provision or sharing of information
• implications for the courts of changes in sentencing laws, without comment on government policy motivating proposed changes
• proposals involving the status and terms and conditions of appointment of judges
• proposals with implications for fundamental rights and freedoms or the rule of law
• proposals that would extend a court’s workload and require additional resources
• proposals concerning cross-border legal co-operation, and in particular cross-border judicial cooperation.

In 2023 the Ministry of Justice proposed that there should be a regular Justice Systems Stewardship Amendment Bill to ensure that legislation relating to the courts and the administration of justice remains fit for purpose and supports effective and efficient regulatory systems. Heads of bench were invited to propose amendments to legislation. The Committee worked closely with the heads of bench and the Ministry to facilitate this process. See “Maintaining the regulatory system: Regulatory Systems (Justice) Amendment Bill”.

The Committee engaged on several law reform proposals, including the following.

• COVID-19 court legislation—identification and consideration of the implications of the COVID-19 court-related legislation, following the expiry of the s 5 Epidemic Notice.
• Class actions and litigation funding—engagement with the Law Commission, the Ministry of Justice and the Rules Committee.            
• Oaths and Declarations (Māori Language) Regulations 2004—working with the Ministry to advance te reo Māori translations of oaths and declarations and to update the oaths and declarations already in te reo Māori.
• Remote hearings—responding to proposals from the government (in its 100-day plan) to review the Courts (Remote Participation) Act 2010.

The Committee also provided advice to the Chief Justice regarding a select committee submission on the Natural and Built Environment Bill (see “Judicial engagement with policy formation”).

Te Awa Tuia Tangata | Judicial Diversity Committee continued developing an approach, within the powers of the judiciary, to increase the diversity of the judiciary.

Some of the Committee's activities in 2023 were as follows:

•  The Committee hosted ‘What is really behind the curtain’, an event designed to give inexperienced practitioners an opportunity to familiarise themselves with the courtroom environment in an informal and non- threatening setting. Read more at "Encouraging inclusion, identifying barriers".
• The Committee jointly hosted—with Tomo Mai—a Disability and Access to Justice conference in November which provided valuable information from those with lived experience about disabled people’s barriers to access to justice. This will inform the work programme of the merged committee mentioned below.
• The Committee arranged a workshop in May to discuss broader issues in relation to judicial diversity and to identify barriers and challenges in designing and implementing judicial initiatives (including the language used and how it is received).
• Chair of the Committee, Chief Employment Court Judge Inglis, met with Hon Mrs Justice Cheema-Grubb—a judge of the King's Bench Division of the High Court of Justice of England and Wales—and separately with Nikita Sharma of the United Kingdom’s Judicial Appointments Commission to discuss judicial appointments and diversity initiatives in the United Kingdom. Mrs Justice Cheema-Grubb leads the Judicial Reverse Mentoring Scheme.

Te Awa Tuia Tangata and Tomo Mai are jointly preparing a report on disability initiatives of the Ministry of Justice and recommendations for next steps.

Tomo Mai | Inclusive Workplace and Courtrooms Committee continued work looking at ways to reduce barriers to participation in the courts for litigants, practitioners, judges, staff and other interested parties.

In 2023, preparation began to merge the Te Awa Tuia Tangata and Tomo Mai committees and work programmes.

The cross-court Judicial Wellbeing Steering Group provides oversight and direction to the whole of courts wellbeing work programme, and, in conjunction with the heads of bench, encourages uptake of wellbeing support across the judiciary (see "Judicial wellbeing"). In 2023, the group recruited and inducted an expanded panel of clinical psychologists to provide professional support to judges—there are now more than 120 clinicians on the panel.

In 2024 the group will continue to promote and expand the Clinical Providers Panel (with an increased focus on recruiting Māori and Pasifika clinicians). It will also focus on gathering feedback from judges who have accessed professional support to inform future delivery and explore workload-related wellbeing issues through research and an information-gathering exercises with the frontline judiciary.

The governing board of Te Kura Kaiwhakawā | Institute of Judicial Studies directs the educational programme and under the direction of judicial editorial committees develops judicial educational resources (bench books) for most courts.

Te Kura endeavours to be:

• proactive—developing programmes and resources that align with significant initiatives and developments for the courts, whilst anticipating future needs and opportunities
• tailored and personalised—meeting the individual needs of a more diverse judiciary, wherever judges are in their career
• grounded in Aotearoa New Zealand and the Pacific—supporting the judiciary with knowledge and skills to administer the laws of Aotearoa New Zealand; making well-informed decisions, responsive to community needs, in a culturally safe environment
• enduring and agile—building sustainable organisational foundations, whilst preserving flexibility.

2023 was a year of consolidation as Te Kura implemented changes following a 2021 Board-commissioned review of its scope and structure. A refreshed strategic plan and strengthened staffing has enabled Te Kura to provide more relevant legal and contextual judicial education and resources, to be more responsive to judicial education needs, and to have a renewed focus on the day-to-day experiences of judges sitting in court.

The role of the Judicial Conduct Advisory Committee is to advise the Heads of Bench Committee on the currency of the Guidelines for Judicial Conduct, to review existing internal processes for dealing with complaints against judges, including (but not limited to) complaints made by members of the legal profession, and to provide informal ad hoc advice on various conduct issues as they arise.

The committee continued its work on these matters.

Shared committees

Committees made up of judges, registry or ministry staff and, on occasion, members of the legal profession consider strategic and operational matters. The key strategic committee is the Courts Strategic Partnership Group mentioned above. Other committees include the following.

The Judicial Reference Group for Technology in Courts is the committee through which judges provided input into operational information technology projects.

The Chief Justice launched the Digital Strategy for Courts and Tribunals (the Digital Strategy) in March. The Digital Strategy sets out the judiciary’s objectives and guiding principles for use of technology in the courts. It outlines how the judiciary, supported by the Ministry of Justice, will strive to capture the benefits of technology, without compromising the human quality of our model of justice.

Other key focus areas for the Committee have included significant input into the Te Au Reka project (a digital system for case management and for creating and maintaining the court record and court files), a joint working group with the Ministry of Justice tasked to review audio visual technology in the courts, and the publication of guidelines on the responsible use of generative AI in the Courts (“Considering the impact of AI on courts: The Artificial Intelligence Advisory Group”).

In 2024, the Judicial Reference Group for Technology in Courts will merge with the Information Governance Committee to form the Information and Digital Governance Committee (IDGC).

The Information Governance Committee (IGC) is a joint committee with the Ministry of Justice. It is responsible for policy issues relating to court, judicial and Ministry of Justice information that impact on the separate and shared responsibilities of the judiciary and the Ministry in respect of this information.

After establishing an understanding of the issues, challenges, and gaps in information management, the IGC established working groups to focus on the Access and Reporting Framework (to demonstrate judicial supervision over access to court information) and Off-Shore Cloud Framework (which sets out a process for evaluating proposals to use offshore cloud services to store or transmit court or judicial information). Both working groups have completed their work, with both frameworks being approved by the heads of bench and implemented.

The IGC also dealt with a range of other information issues in 2023, including consideration of information governance issues in the context of Te Au Reka, investigation of the storage of coronial data on the National Coronial Information System in Australia, and developing a judicial policy that governs access to information by retired judges.

In 2024, the IGC will merge with the Judicial Reference Group for Information and Communication Technology to form the IDGC.

The Judicial Libraries Management Board guides the acquisition and provision of online and hard copy research materials for judges.

The board continued its focus on improving the quality and accessibility of online resources.

Training and research services were provided so that judges can feel confident using online resources effectively and efficiently and increasingly take an online-first approach.

Annual reviews of the library material provided for judges’ chambers ensure they best reflect individual subject interests and requirements and that they complement rather than duplicate online resources. The Board supports judges’ efforts to increase their knowledge of tikanga Māori and te reo Māori through the implementation of Mātauranga Māori in the Judicial Libraries programme.

Huakina kia Tika | Open Justice Committee focuses on ways to increase public access to the courts via websites, AVL and access to information.

Committee activity is reported in the "Open Justice" page.

The Media and Courts Committee reviews the arrangements to facilitate news media reporting of the courts and provides a forum for the judiciary, media and the ministry to discuss related issues such as access to court records.

Committee activity is reported in the "Open Justice" page.

The Rules Committee is a statutory body that includes judges, senior law officers, ministry staff and members of the profession. The Committee has responsibility for making rules concerning civil and criminal procedure for most courts.

A focus for the Committee this year was giving effect to the Improving Access to Civil Justice report, released in 2022, by considering changes to the High Court Rules (the Rules). A subcommittee undertook significant stakeholder consultation.

The proposed rules will be considered in 2024.

In 2023, the Committee also:

• continued its work on changing the Rules to allow self-represented litigants to be eligible for costs awards
• made changes to the Rules to streamline the procedures for the use of te reo Māori in proceedings
• in reference to the He Poutama study paper (see "Tikanga Māori: Woven into the fabric of the justice system"), integrated references to tikanga in its access to justice reform;
• formed a sub-committee to consider whether amendments may be required in relation to name suppression for complainants in sexual violence cases and in relation to the repeal of the three strikes legislation. Recommendations for rule changes will be made to the Committee in 2024
• addressed a series of changes to improve the Supreme Court Rules 2004.

The Criminal Practice Committee reviews matters of criminal practice and procedure, recommending appropriate changes. Committee membership comprises justice sector departmental representatives, members of the legal profession and judges from the criminal trial and appellate courts, uniquely positioning it to encourage collaboration and provide oversight.

In 2023, the Committee considered a range of issues affecting the just and efficient operation of the criminal justice system, including duty lawyer remuneration, priority rostering of hearings in the District Court and issues to do with access to counsel for prisoners who are relocated to prisons nearer their courts of trial. Having identified parallel workstreams within the Ministry of Justice and the Department of Corrections | Ara Poutama on pre-sentence reports and reports under s 27 of the Sentencing Act 2002 (cultural reports), the Committee encouraged the bridging of this communication gap to reduce duplication. The Committee supported raising judicial and professional awareness of custodial and sentencing issues for caregivers with dependent family members. It also instigated cross-sector collaboration in the rollout of the New Zealand Police digital notebook initiative.

The Criminal Trials Committee is in abeyance. Work on causes of delay in the District Court jury trial jurisdiction has moved to the District Court timeliness project.