Planning for the future

Contents

The Chief Justice and heads of bench have a responsibility to ensure that New Zealand's justice system remains fit for purpose through societal and technological change and that future courts are equipped to serve their evolving communities.

This section describes the work the judiciary and others are undertaking to ensure a modern and responsive court system that will work for all the people of New Zealand, now and in the future.

Adopting technology wisely: Digital Strategy for the Courts and Tribunals

Technology has the potential to make it easier to access the courts, and to reduce the cost and complexity of court proceedings. However, it must be adopted wisely in order to capture these benefits without compromising the human quality of our justice system.

The Digital Strategy for the Courts and Tribunals of Aotearoa New Zealand (the Digital Strategy) was launched in March and 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 justice system.

The Digital Strategy identifies four priority initiatives:

Te Au Reka—introduction of a digital document and case management system
remote hearing technology—implementation of a high-quality, reliable, and flexible system for remote hearings using audio visual technologies
physical infrastructure—ensuring reliable, secure, fit for purpose network infrastructure and devices are in place across all courts and tribunals
training and support—ensuring high-quality and responsive training and support can be accessed by users of the digital technologies on which the court system depends.

The process of implementing the Digital Strategy will take time. It will require the courts to learn and adopt new ways of working. It will also require the judiciary, court staff, and the legal profession to be flexible as they adapt to new tools and new processes, and the Ministry of Justice to develop its support capacity.

In the course of developing the Digital Strategy, consultation took place with judges, tribunal members, Ministry of Justice officials, government agencies, the legal profession, community groups, academics and technology experts.

Principles governing digital technology in the courts

The judiciary has identified 13 core principles to guide all decisions about digital technology used in the court system.

The design and implementation of digital technologies for use in the court system must be as follows.

Consistent with core values—technology should support the delivery of justice in a manner that promotes the rule of law and respects human dignity and the values that underpin the legal system of Aotearoa New Zealand.
Consistent with constitutional responsibilities—technology solutions should be consistent with the judiciary’s constitutional responsibility for court information, judicial information, and court business.
People-centred—the design of technology should be centred on meeting the needs of all its Users should be involved in design processes, development and testing. Systems should be accessible, intuitive and easy to use; they should make it easier for people to participate in the court system, and to do the right thing.
Inclusive—the adoption of digital technologies should reduce barriers to access to the court system, including barriers currently faced by people with disabilities, people using languages other than English, and people with limited means. Technology must not increase barriers to access for people who are digitally disadvantaged.
Reliable—technology used in the courts must be reliable and resilient, appropriately scaled to meet peak demand, and well maintained and supported.
Secure—information that is communicated and stored using digital technologies must be appropriately secure, appropriately protecting of privacy and confidentiality interests.
Transparent—people who provide information that is stored digitally should be able to ascertain how that information is stored, who will have access to that information, and the purposes for which that information may be used.
Integrated—systems should be appropriately integrated to ensure simplicity, ease of use and efficiency.
Flexible and enabling—the technology that supports the courts must be capable of iterative evolution to meet changing needs and to generate, and take advantage of, new opportunities for innovation and enhanced delivery of justice.
Implementable—all technology changes should be accompanied by appropriate organisational and process changes to maximise the benefits from the technology, such as targeted change management processes, training and support.
Properly supported—ongoing training and high-quality and responsive support for users are essential to enable digital technologies to be used effectively across the court system.
Data-driven—systems should be able to gather data, report on the operation of the court system, and obtain feedback from users to assess efficacy and identify opportunities for improvement.
Based on proven solutions—our court system should aim to be a fast-follower; we should learn from the experience of other similar jurisdictions and adopt “best of class” solutions that have been deployed successfully in their courts and tribunals.

Beyond a paper-based system: Te Au Reka

Te Au Reka [43] is a digital case and court management system intended to modernise the way New Zealand’s courts and tribunals function. It will make it simpler, faster and easier to engage with courts and tribunals. It is one of four priority initiatives identified under the Digital Strategy to address the most acute justice infrastructure needs.

The Digital Strategy and Te Au Reka play an important part in the courts’ overall strategy of improving how accessible and understood the courts are, and also how efficiently they operate.

Te Au Reka will be implemented in three phases, starting in the Family Court. The scope (what will be built) and define (what it will look like and how it will work) stages of Family Court implementation are underway.

Audio-visual links: improving access to and efficiency of courts

In 2023, more than 67,000 court events [44] were conducted via audio-visual links (AVL) or involved at least one case party attending via AVL. This represents an increase of 99 percent in AVL use since pre-pandemic times.

This figure still represents only a small amount of the courts’ business, which is mainly conducted kanohi ki te kanohi (face to face). There is good reason for this. Certain court events are required by law to be held in person—a defendant has the right to be present at their trial and the jury must sit together and be present throughout the trial. For other court events, although there is no legal reason not to use remote technology, it is not always suitable. The mode of hearing a proceeding needs to be appropriate to the circumstances of the case and the significance of the hearing— for example, it is not appropriate to sentence people to lengthy prison sentences remotely.

However, there is significant potential for AVL technology to further transform the justice system, making it easier to access the courts—including for those with disabilities or who speak English as a second language— reducing the cost and complexity of court proceedings and enhancing access to justice for the public, media, whānau, and iwi.

The judiciary has begun to develop principles to guide the operational and procedural arrangements that enable greater use of AVL, while ensuring its use does not undermine just outcomes in individual cases. These will give more certainty to the types of hearings where AVL will typically be used.

At present, the most significant barrier to the use of AVL in courts is the availability and quality of infrastructure in the courts and justice sector.

The Chief Justice launched the Digital Strategy in March 2023, which sets out the judiciary’s objectives and guiding principles for use of technology, including AVL, in the courts. This is discussed in more detail above.

Considering the impact of AI on courts: The Artificial Intelligence Advisory Group

The use of generative artificial intelligence tools is now widespread and AI-generated content is appearing more often in materials that are presented to New Zealand courts and tribunals. The rapidly evolving sophistication and application of these technologies poses risks to the integrity of the administration of justice and court processes, particularly in terms of fabricated documents, images or videos that could easily be mistaken as genuine and admitted as evidence in proceedings.

Recognising that artificial intelligence (AI) is here to stay and that this powerful technology might also realise benefits,[45] heads of bench established an Artificial Intelligence Advisory Group to develop best practice guidelines for the use of artificial intelligence in court in May.[46]

The group spent several months investigating the practical and ethical implications of using AI in relation to the work of the courts, considering a range of factors including security and privacy concerns, what may constitute a legitimate use of AI in the court context, the quality of data outputs from AI platforms, and the effect that the courts’ position on AI technology may have on public trust and perception of the institution, and on access to justice.

After extensive research and consultation, the group developed three sets of tailored guidelines—for judges and their staff, for counsel, and for non-lawyers (including self-represented litigants)—which were published on the Courts of New Zealand website in December.[47] The guidelines cover what AI is, risks inherent in its use, situations where it would be inappropriate or unhelpful to use it, and situations when it may be helpful.

As it is in the interests of justice that a consistent approach to these issues is taken across judicial forums as much as practicable, the group worked with Tribunals Aotearoa, a newly formed representative organisation for tribunals in New Zealand, to roll out a consistent set of guidelines for each of their member bodies. These guidelines apply to all courts, to the Waitangi Tribunal, and to the 28 other tribunals and authorities who have adopted them.

While courts around the world are navigating the opportunities and challenges presented by generative AI technology, New Zealand appears to have been the first country to publish such guidance. Other jurisdictions have now followed suit.

Tikanga Māori: woven into the fabric of the justice system

Tikanga has informed court practice and process for decades in many jurisdictions in New Zealand. Tikanga, and tikanga-sourced concepts, are recognised both in legislation and as being relevant to the development of common law.

This reflects the fact that tikanga continues to guide whānau, hapū and iwi in everyday life.

A number of initiatives are now in place to raise understanding of how tikanga should be applied in legal contexts. Judges learn about tikanga and te reo Māori as core parts of the judicial education curriculum (see "Te Kura’s core seminar programmes"). Te Wānanga o Raukawa offers Poutāhū Ahunga Tikanga—a postgraduate diploma in Māori laws and philosophy, and Tāhuhu Ahunga Tikanga—a Master of Māori laws and philosophy.[48]

In September, Te Aka Matua o te Ture | Law Commission produced a detailed study paper—He Poutama [49]—that examines tikanga Māori and its place in our legal landscape. This will serve as a useful framework for continued discussion of the place and role of tikanga in the law. Justice Christian Whata, in his role as Law Commissioner, led the work on the report.

Te Reo Māori in court

Although most court proceedings in New Zealand are conducted in English, court participants have the right to speak te reo Māori [50] or use New Zealand Sign Language.[51]

The Māori Land Court published its first bilingual Annual Report [52], continued to publish its decisions with bi-lingual headings, and ensured its website was available in both English and Māori.

The Waitangi Tribunal published its Guide to Practice and Procedure in English and Māori.[53]

In August, the Employment Court published its practice directions in te reo Māori.[54] Earlier in the year, Justice Layne Harvey issued a judgment with both English and te reo Māori headings—a first for the High Court. Interpreters are available to support participants who speak languages other than English (see "Interpreting in the criminal courts"). The courts continue to look for ways to increase accessibility to court users.

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Footnotes

[43] 'Te au' translates as ‘current’ or ‘flow’, and ‘reka’ as ‘sweet, palatable and pleasant.’ Te Au Reka means the sweet flow—envisaging a case management system that enables court processes to flow seamlessly from beginning to end.

[44] Conducted in the Youth Court, District Court or High Court across the criminal, family and civil jurisdictions.

[45] Such as enabling courts to work more efficiently and enhancing access to justice by making legal knowledge and information more accessible to non-lawyers.

[46] The advisory group, initially led by Justice Sarah Katz and later by Justice Paul Radich, includes representatives from the senior courts and District Court, judicial support staff, court registries, and the Ministry of Justice.

[47] Guidelines for use of generative artificial intelligence in Courts and Tribunals 2023.

[48] Te Wānanga o Raukawa (2024).

[49] The study paper describes tikanga Māori and where it comes from and reviews its place in law. The paper “maps” tikanga Māori as a system of law, drawing on, among other sources, expressions of tikanga in the courts and Waitangi Tribunal. The paper also examines the interaction between tikanga Māori, common law and legislation, with a view to providing a principled framework for engagement. He Poutama refers to the steps taken towards knowledge, or a journey of growth and learning: Law Commission He Poutama (NZLC SP24, 2023) at 16.

[50] Te Ture mō Te Reo Māori 2016, Māori Language Act 2016, s 7.

[51] New Zealand Sign Language Act 2006.

[52] Māori Land Court Annual Report Matariki 2022 - Matariki 2023 | Māori Land Court.

[53] Guide to Practice and Procedure | Waitangi Tribunal.

[54] Employment Court of New Zealand | Te Kōti Take Mahi O Aotearoa: Practice Directions | Mahi Aronga (2023).