Pacific and international engagement

Contents

The New Zealand judiciary fosters strong links with colleagues in common law jurisdictions, particularly with the judiciaries in the Pacific and Australia. The Chief Justice regularly engages with judicial forums such as the Council of Chief Justices of Australia and New Zealand, and the Chief Justices of the Pacific.

Tokelau justice sector reform

Tokelau is part of the Realm of New Zealand. The Chief Justice of New Zealand is also the Chief Justice of Tokelau.

There are significant issues affecting access to justice in Tokelau. It is a country with a very small population spread over three islands geographically distant from each other. Recommendations to address these issues and to strengthen access to justice were made in late 2019. A project in partnership with the government of Tokelau has been established to progress improvements.

Decision-making on these reforms is to be undertaken in partnership between the government of Tokelau and the government of New Zealand. A working party comprising equal representation from Tokelau and New Zealand has been established to begin the process for progressing reform options. Tokelau is continuing to consider and discuss the options for reform.

Because of COVID-19 restrictions, Chief Justice Winkelmann has not yet been able to visit Tokelau. The first visit to the territory by a New Zealand-based Chief Justice was by Dame Sian Elias in May 2011.

Supporting justice in the Pacific

Pacific Justice Sector Programme
The Pacific Justice Sector Programme (PJSP) works with the Chief Justices and courts of 15 Pacific nations to strengthen access to justice. The partner countries are the Cook Islands, the Federated States of Micronesia, Fiji, Kiribati, the Marshall Islands, Nauru, Niue, Palau, Papua New Guinea, Samoa, the Solomon Islands, Tokelau, Tonga, Tuvalu and Vanuatu.

This work is part of New Zealand’s regional justice support activity, funded by the Ministry of Foreign Affairs and Trade and delivered through Te Kura Kaiwhakawā | Institute of Judicial Studies, which is part of the Office of the Chief Justice. The PJSP is guided by the Pacific Chief Justices’ Leadership Forum and a Programme Executive Committee (Komiti). It seeks to meet the needs and priorities identified by the Chief Justices of each country in the region. Accordingly, PJSP has prioritised engagement (talanoa) with Pacific Chief Justices to understand their priorities, strengthen relationships and to find practical solutions that work in the local context.

In February, Auckland hosted the inaugural Chief Justices’ Leadership Forum. Despite a last-minute change of venue due to Cyclone Gabrielle, the Forum went ahead and was an important opportunity for Pacific Chief Justices to meet in person.

In 2023, PJSP delivered a range of initiatives, including projects to improve the efficiency and transparency of courts (such as implementing a new case tracking system in Kiribati) and training for judicial officers and court staff on human rights, protection orders and decision making. Scholarships for study at the University of the South Pacific were provided, as well as conferences, workshops and wellbeing webinars.

A new Women and Justice Programme, Ina’ilau, was launched with funding from the US Department of State to provide targeted activities to support women and children in accessing legal rights and protections, and to support women into judicial and court leadership roles.

Under the direction of the Komiti, and in consultation with Pacific Chief Justices, PJSP is undertaking a strategic reset of how assistance is delivered to the Pacific justice sector with a focus on sustainability, capability building and developing a network of local partnerships.

Judicial support for Pacific courts
There is a strong tradition of retired and sitting New Zealand judges both providing training to judges and judicial officers and acting as mentors for new Pacific judges and judicial officers. This includes longstanding arrangements for the provision of a serving District Court judge on secondment to the Supreme Court of Vanuatu, and for serving Māori Land Court judges to sit in the Cook Islands High Court (land division) and the High Court of Niue. The Chief Justice of Niue Craig Coxhead is also a serving Māori Land Court judge.

Retired and sitting New Zealand judges also sit in a variety of first instance and appellate courts.

In 2023, current and former members of the New Zealand judiciary served in courts in:

the Cook Islands
the Republic of Fiji
Niue
the Pitcairn Islands
the Solomon Islands
the Independent State of Samoa
the Kingdom of Tonga
the Republic of Vanuatu.

Samoa judicial exchange
In March, Chief District Court Judge Heemi Taumaunu headed a delegation to Samoa for the inaugural inter-bench judicial exchange between the District and Supreme Courts of Samoa and the New Zealand District Court. Principal Family Court Judge Jacquelyn Moran and Principal Youth Court Judge Ida Malosi, and District Court Judges Lope Ginnen, Robyn von Keisenberg and Mike Mika represented the Court. Hon Aupito William Sio MP accompanied the delegation as a representative of the New Zealand government.

The exchange was an opportunity for judges from both countries to share knowledge and ideas. It was also an opportunity for the New Zealand judges to gain a better appreciation of how Samoan culture is incorporated into court operations in Samoa—lessons that will help the District Court shape a culturally responsive court in areas of New Zealand with large Samoan communities.

The delegation was welcomed by the Hon Matamua Seumanu Vasati Sili Pulufana, Minister of Justice and Courts Administration, and Chief Justice Satiu Simativa Perese. The exchange included a traditional ‘ava ceremony, a meeting with all judges of the Land and Titles Court (which deals with Matai titles and customary land), and discussion about the evolution of specialist courts in New Zealand leading to the development of the Te Ao Mārama kaupapa.

The delegation was also privileged to witness a traditional ifoga demonstration—a customary restoration process that is recognised as part of the Samoan legal system and is considered at sentencing. Ifoga has been recognised in New Zealand as a mitigating factor at sentencing.

The exchange was beneficial for all involved and served as a reminder of the importance of strong judicial leadership in establishing community connected courts. New Zealand will host a Samoan delegation in 2025.

Australasian Institute of Judicial Administration
New Zealand judges, court administrators and counsel are among the members of the Australasian Institute of Judicial Administration (AIJA). Its principal objectives include research into judicial administration and the development and conduct of educational programmes for judicial officers, court administrators and members of the legal profession in relation to court administration and judicial systems.

New Zealanders are active in the governance at board and council level and on AIJA committees. The Chief Justice is a co-patron with the Chief Justice of Australia. There is a permanent position for a New Zealand judicial representative on AIJA’S board, currently held by Justice Susan Thomas. Justice Thomas, the Ministry of Justice’s Chief Operating Officer and a New Zealand King’s Counsel are members of AIJA’s council.

AIJA hosted the Enduring Courts in Changing Times Conference in Sydney in September. Supreme Court judge Justice Joe Williams spoke as part of the plenary session on “Court, Legal Systems and the Indigenous People”.

AIJA provides the secretariat for the Executive Committee that governs the International Consortium for Court Excellence (ICCE).

International judicial cooperation
In March, the Supreme Court hosted the Asia Pacific Judicial Colloquium. The Colloquium is an opportunity for the Chief Justices and final appellate court judges of Australia, Canada, Singapore, Hong Kong, and New Zealand to discuss developing areas of the law.

The Colloquium is hosted on a rotational basis by each of the attending nations, with New Zealand last hosting in February 2010. The theme of the 2023 colloquium was, “Let justice be done [as] the heavens fall”: Judging in times of disruption’.

A pōwhiri was held in Matangireia, the Māori Affairs Select Committee room in Parliament.

International Association of Women Judges

The New Zealand judiciary maintains proactive connections with international colleagues. The New Zealand Association of Women Judges | Te Kāhui Kaiwhakawā Wāhine o Aotearoa is affiliated with the International Association of Women Judges (IAWJ). The IAWJ is dedicated to the rule of law, gender equality and access to justice. It has over 6,500 members from around 100 countries. In May 2023, Justice Susan Glazebrook of the Supreme Court completed her term as President of IAWJ.

IAWJ has supported women judges in Afghanistan for almost 20 years. Since August 2021, IAWJ’s Afghan Support Committee has been involved in the humanitarian effort to rescue and relocate more than 100 Afghan women judges at risk since the Taliban takeover in Afghanistan. There are still roughly 40 women judges remaining in the country. In 2023, the work of IAWJ was recognised with the Bolch Prize for the Rule of Law (Duke University).[65] Justice Glazebrook accepted the award on behalf of the IAWJ and delivered a keynote address.

Commonwealth military justice project

Chief Judge Kevin Riordan ONZM of the Court Martial of New Zealand is a member of an expert group of Commonwealth military court judges working on model legislation and procedure.

Work continues developing the “Stellenbosch Principles”—a statement of principles that can be applied by smaller Commonwealth nations whose military justice systems are in need of modernisation and reform.

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Footnotes

[65] IAWJ President Keynote Address at the Bolch Prize Ceremony (2023).