Appendix 2: Judicial and shared committees' summaries

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.

The Committee engaged on several law reform proposals, including:

• Victims of Family Violence (Strengthening Legal Protections) Legislation Bill – consideration of workability issues.
• Victims of Sexual Violence (Strengthening Legal Protections) Legislation Bill – assisting the Chief Justice in preparation of a submission to the Select Committee on the name suppression proposal contained in the Bill as reported back.
• Gangs Legislation Reform Bill – consideration of workability issues.
• Sentencing Reforms – consideration of workability issues and implications for the constitutional responsibilities of the judiciary in relation to sentencing.
• Remote Participation Bill – engagement with the Ministry of Justice on workability issues identified by judges.
• Remote Participation (First Principles Review) – engagement on options for reform in the context of a first principles review.
• Community Magistrates – assisting with response to the Ministry Discussion Paper.
• Review of Adult Decision-Making Capacity – review of the Law Commission Issues Paper and assisting with a response to the Law Commission.
• Review of Preventive Measures Proposals (preventive detention, extended supervision orders and public protection orders) – assisting the Chief Justice with a response to the Law Commission.
• Fast-track Approvals Bill – assisting the Chief Justice with a submission to the Select Committee.
• Jury Trial Reforms – consideration of Ministry of Justice Consultation Paper and provision of advice to the Chief Justice.
• Court Fees Consultation Paper – supporting the Chief Justice in providing a response to the Ministry of Justice consultation process.
• Disputes Tribunal Amendment Bill – assisting the Chief Justice with a submission to the Select Committee.

Tomo Mai was established in August 2024 (merging the former Te Awa Tuia Tangata | Judicial Diversity and Tomo Mai | Inclusive Workplace and Courtrooms committees) to oversee diversity and inclusion initiatives across the judiciary. Delivering initiatives via working groups, the Committee’s overarching purpose is to:

• promote a judiciary reflective of and knowledgeable about the communities it serves.
• promote a court environment in which everyone can meaningfully participate in proceedings.

In 2024, the committee established working groups to focus on the following three initiatives:

• Revising the Etiquette guidelines for counsel in court – the working group continued to refine a revised draft which includes a brief additional section on remote participation. A review is underway to ensure that disability and accessibility issues have been given due consideration. The revised draft will be shared with heads of bench for feedback in 2025.
• Disability and Access to Justice – the working group drafted a framework to guide its work, adopting the UNCRPD definition of disability and identifying short, medium-, and long-term goals; undertook stakeholder mapping; and collaborated with Te Kura including providing feedback on Kia Mana te Tangata Judging in Context: A Handbook, developing education programmes including education on disability awareness, ableism and in response to Recommendation 33 of the Royal Commission of Inquiry into Abuse in State and Faith-based Care (see Part 1).
• Judicial Diversity – The group is planning consultation with current and previous heads of bench involved in the appointment of the senior court judges to establish: how the appointment process takes place in practice; selection criteria for assessing candidates; practical constraints that impact diversity in judicial appointments; potential unconscious biases in the appointment process.

 

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 Part 1). The group has an “expert-informed but judge-led” wellbeing stewardship role and advocates frontline perspectives to ensure that wellbeing factors are at the forefront of all judicial administration discussions.

In 2024, the group revised its terms of reference to reflect its role as the kaitiaki of judges’ wellbeing and clarify its overarching purposes. It has established a future work programme that includes gathering feedback from judges who have accessed support, drafting guidance to support wellbeing conversations and collaborating with other judicial wellbeing groups and the Senior Courts Education Committee.

 

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; and
• enduring and agile – building sustainable organisational foundations, whilst preserving flexibility.

2024 was Te Kura’s first year implementing its refreshed strategic plan focused on the four goals above to provide more relevant legal and contextual judicial education and resources, and to be more responsive to judicial education needs by focusing 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.

 

 

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 in Part 1. Other committees include the following:

 

In February 2024, the Information Governance Committee and the Judicial Reference Group for Technology in Courts merged to form the Information and Digital Governance Committee (IDGC). The IDGC is a joint committee that enables the judiciary to work with the Ministry of Justice to progress the Digital Strategy and to give effect to their separate and shared responsibilities in relation to information management and use and performance of digital technology. The IDGC is responsible for making recommendations and providing advice to the Chief Justice and the Secretary for Justice on relevant topics.

 

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. Group and individual training was 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 is a cross-bench committee which applies an open justice lens to the work of all courts, identifying and promoting practical steps that can be taken to preserve and promote transparency and access. Committee activity is reported in Part 4.

 

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 Part 4.

 

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. The Committee continued to focus on giving effect to the Improving Access to Civil Justice report, released in 2022, by progressing work to amend the High Court Rules (the Rules). The changes will significantly alter civil procedure and are aimed at bringing earlier focus to the issues of determinative significance in a case, in order to achieve faster resolution in civil proceedings.

A series of judicially-led roadshows will take place in mid-2025, to inform and educate the profession on the upcoming changes before they take effect from 1 January 2026.

In 2024, the Committee also:

• saw the promulgation of changes to the District Court, High Court and Court of Appeal that allow self-represented litigants to claim costs;
• continued to consider rules on participants’ use of te reo Māori in court proceedings;
• addressed changes to the Criminal Procedure Rules in light of the repeal of the three strikes legislation;
• undertook sub-committee work exploring whether experts in criminal proceedings should comply with a code of conduct, timeframes for the provision of victim impact statements, and considering the Law Commission’s recommendations in its third review of the Evidence Act 2006.
• continued work to introduce new Court of Appeal Criminal Rules which would replace the 2001 Criminal Rules. Work will continue in 2025.

 

The Criminal Practice Committee reviews matters of criminal practice and procedure at a systemic level, 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 2024, a significant, overarching consideration for all aspects of the Committee’s work was understanding and beginning to respond to the recommendations contained in Whanaketia – Through pain and trauma, from darkness to light, the final report of the Royal Commission of Inquiry into abuse in state care. The Committee continued to discuss custodial and sentencing issues for caregivers with dependent family members, and the closely related issue of women in custody.

Following the removal of legal aid funding for s 27 reports, a subcommittee was established to identify alternative methods for ensuring that judges are provided with background information about defendants that may be critical to sentencing.

The Committee considered security and courtroom layout, issues with mental health legislation in the criminal jurisdiction, and the use of technology in prisons to enable prisoners to access disclosure, lawyers, and the courts. The Legal Services Commissioner was invited to join the Committee, and shared updates on the review of the Duty Lawyer Service and pre-approval of junior counsel for certain sexual violence matters. Updates on the progress of the Te Au Reka project and the work of Te Kura Kaiwhakawā were also received by the Committee.

 

The judiciary and Ministry of Justice share responsibility for delivering justice through the courts. The Secretary for Justice is responsible for obtaining sufficient funds from Parliament to run the courts and for their proper use.

The Strategic Priorities and Budget Group (SPB, formerly the Judicial Budget Advisory Group) was established in 2024 to support the Chief Justice and heads of bench to engage effectively with the Ministry of Justice and, when appropriate, with Ministers on courts- related budget bids, and on resourcing of the infrastructure to support the judicial branch of government.

SPB met regularly with Ministry officials to inform the Ministry-led Performance Plan, which outlines the management of Ministry resources (many of which affect court operations), including workforce, technology and property, and advise on the efficacy of savings and “invest to save” proposals.

In light of prospective change to the courts operating model, the Chief Justice set up a group in late 2024 to develop a judicial view of “future courts”.