Courts, Judges and Lawyers

Question 1

The Rule of Law

Answer 1

All are equal before the law, everyone should be able to understand the law and everyone should be able to access a court to enforce their legal rights/have their legal rights upheld.

Question 2

Lord Bingham

Answer 2

“An unenforceable right or claim is of little value to anyone”

Question 3

Chief Justice Sian Elias

Answer 3

“I think there is no room for complacency here and that the law schools and profession need to be vigilant”

Question 4

The Civil Jurisdiction

Answer 4

What are some of the advantages and disadvantages of the different types of dispute resolution mechanisms?

Question 5

Criminal Jurisdiction

Answer 5

Nature of offence determines nature of sentence and whether District or High Court.

Question 6

Civil Jurisdiction

Answer 6

Usually determined by quantum - how much money is involved. Depending on how your claim is worth depends on which Court you go to.

Question 7

Litigation

Answer 7

Process where a judge or other decision maker decides the outcome of the case.

Question 8

Disputes Tribunal

Answer 8

Cases where up to $30,000 is claimed.

Question 9

District Court

Answer 9

Cases where up to $350,000 is claimed.

Question 10

High Court

Answer 10

Cases where over $350,000 is claimed.

Question 11

Family Court

Answer 11

Matters that are in family law statutes.

Question 12

Employment Jurisdiction

Answer 12

The statutory aim: speedy and low level resolution of disputes happening at work. Mediation etc.

Question 13

Reality?

Answer 13

It is no longer cheap, it costs a fortune and this makes it even less accessible. It also has an 18 month backlog.

Question 14

Chief Judge Inglis

Answer 14

There is a diminished access to justice, so put people off seeking help because it is too expensive and takes far too long.

Question 15

Disputes Tribunal

Answer 15

Avoids the expense of lawyers by barring lawyers, aims to be cheap and efficient. First part of the process is mediation, followed by adjunction.

Question 16

Tenancy Tribunal

Answer 16

Lawyers barred except in very limited circumstances.

Question 17

Negotiation

Answer 17

Almost always some form of negotiation is involved in dispute resolution. All lawyers need to negotiate.

Question 18

Mediation

Answer 18

A very brief telephone call through an in person day long session. Very common method.

Question 19

Rule of Law: Lawyer’s Role

Answer 19

Provision of legal services, they are the guardians that uphold the Rule of Law.

Question 20

Criminal Legal Assistance

Answer 20

Criminal Legal Aid, Public Defence System, Police Detention Service, Duty Lawyer Scheme.

Question 21

Pro Bono

Answer 21

“For the public good” - Providing a lawyer and not expecting payment.

Question 22

The Justice Gap

Answer 22

Legal aid thresholds are low and there are few practitioners offering legal aid services. There is a very small amount of free community assistance.

Question 23

What is criminal law?

Answer 23

Police, Courts and even Department of Corrections.

Question 24

Warnings and Diversion

Answer 24

In 2009, formal warning system was introduced - since then diversions and discharge without convictions have dropped.

Question 25

Youth - Family group conferences

Answer 25

Used in youth offending - formulate alternatives to prosecution.

Question 26

Right to a Lawyer

Answer 26

While specifically expressed as the rights of persons changed, these minimum rights also protect the wider societal interest in ensuring the integrity of the criminal process and the innocent are not wrongfully convicted.

Question 27

Judicial Practice Note on Police Questioning.

Answer 27

Obligation to advise that legal advice may be available without charge under the Police Detention Legal Assistance Scheme is new. Everyone has the right to remain silent however.

Question 28

Prosecution

Answer 28

Innocent until proven guilty.

Question 29

Juries

Answer 29

Very uncommon in civil trials these days, ACC takes care of that now. Very common in criminal trials.

Question 30

What do juries do?

Answer 30

They find the facts and then decide whether the accused is guilty of the offence or not.

Question 31

Importance of Juries

Answer 31

Jury service is an opportunity for members of the public to be directly involved in the administration of justice, ensuring public participation in the Rule of Law.

Question 32

Prosecutor

Answer 32

If people don’t have faith that the law will resolve disputes, they may start to take it into their own hands. The role of the prosecutor is a civic duty.

Question 33

Prosecution

Answer 33

Obtaining a conviction is a consequence, but not the purpose of a prosecution. It is not about zealous advocacy. They must ensure a fair trial.

Question 34

Defence Lawyer

Answer 34

Puts the prosecution to proof. They are integral to a functioning democratic society and to a robust and fair criminal justice system. They protect everyones right that they are innocent until proven guilty.

Question 35

Criminal Justice System

Answer 35

The way we deal with offenders has a ripple that effects everyone in the community. If your rehabilitation was poor, your more likely to reoffend.

Question 36

Chief DC Judge Taumaunu

Answer 36

Victims feel as though they haven’t fully participated in the proceedings that relate to them, in short they don’t feel like it was a fair trial and they didn’t get full access to justice.

Question 37

Youth Court

Answer 37

Young people and young Maori in particular, were being incarcerated at staggering rates, often removed from their whanau and communities.

Question 38

Judge Beecroft

Answer 38

It is shallow to think that prison will provide rehabilitation.

Question 39

Rangatahi Court / Pasifika Court

Answer 39

Same law and procedure but take place in marae or in a Pasifika community setting.

Question 40

Rangatahi

Answer 40

Maori feature disproportionately in all our social indicators, particularly in the criminal justice system.

Question 41

New Zealand Context

Answer 41

Maori offenders - have been found to be at a greater risk of conviction than others of similar socioeconomic backgrounds, and there is the concern that this is true of Pacific people as well.