Introduction

I am pleased to present my Annual Report for the 2024 calendar year.  In it you will find information about judges, about the judicial branch of government, and about the work of the courts.  

Judges usually speak only through their judgments.  This report provides the opportunity for the judiciary to speak publicly about the functioning of the courts, and in particular the challenges and opportunities for access to justice and the operation of the courts.  The judiciary has a unique perspective on these topics, formed through the daily work of administering justice through the courts, and it is essential that this perspective is heard. 

The work the courts do in hearing and deciding cases upholds the ideal of the rule of law – the ideal that everyone is equally entitled to the law’s protection and that no one, no matter how rich or powerful, is above the law. The rule of law has recently been in the news a great deal, because of concerns that in some countries it is under attack.  The World Justice Project, an organisation dedicated to monitoring and advancing the rule of law globally, reports that between 2023 and 2024 the rule of law was indeed weakened in a majority of countries.  Its report describes a continuation of global authoritarian trends, with executive power less likely to be constrained by the courts, legislatures and other centres of institutional power. 

Key measures for the World Justice Project are the independence, integrity and accessibility of the courts as well as their resourcing.  Independent and accessible courts are a necessary condition for the rule of law.  The courts are the institution charged with enforcing the law in individual cases, and ensuring that power is subject to the law – whether that is economic, or public power. 

New Zealand scores highly in the World Justice Project’s Rule of Law Index – sixth out of 142 countries monitored.  Our high ranking is based in significant part on the assessment that New Zealand’s judiciary is independent and free from corruption.  We are in the minority of countries in which the rule of law did not weaken in the year measured.  

Even so, New Zealand cannot afford to be complacent.  As world events show, the rule of law is a fragile thing.  How judges and the courts work, and are supported in their work, is of public importance and interest. 

What exactly does it mean to administer justice?  Every day, throughout our country, judges conduct hearings in which difficult issues are placed before the court for determination.  As you can read in Part 2 of this report, “The Work of the Courts”, different courts do different types of work.  But all courts have one thing in common.  By providing a fair hearing, and by applying the law to the facts, judges resolve contested issues that are of importance to the parties.  Often the outcome of a case will be important beyond the immediate parties – to the families of the parties involved, and the communities they come from.  In many cases – be they criminal cases, or family or civil disputes – the decisions and outcomes will reverberate down through generations, and in some instances will shape the content of the future law.  

Access to justice through the courts is a prerequisite for a fair society.  This report describes work being done to address some of the barriers to accessing justice in New Zealand, including steps taken to reduce delay (see Part 2), and to reduce cost and complexity in our civil courts (for example, changes aimed at simplifying civil proceedings in the High Court: see Part 3).  

Access to justice requires not only that people be able to access independent courts or tribunals, but also that when they do, they are able to fully and fairly participate in the proceedings.  This report details the work being done to enable better participation (see Part 3). 

The judiciary is also leading work to increase accessibility for people with disabilities who come to our courts (see Part 3).  The Royal Commission of Inquiry into Abuse in State and Faith-Based Care highlighted how important this work is.  Many of the survivors faced extra barriers in seeking justice in a system not adequately equipped to accommodate disability (see Part 3). 

Access to justice should be timely.  Delay in obtaining a hearing can cause distress and wasted expenditure and, at its worst, can result in access to justice being illusory.  The judiciary is committed to timely access to justice, but does not control all of the necessary levers.  This report describes how some courts in some areas in New Zealand are unable to provide timely hearings.  Common issues are too few judges, and in some areas, too few courtrooms. 

Overall, our justice system is under considerable stress. I make particular mention in my report of challenges facing the legal profession including high workloads, difficult and distressing subject matter, security concerns in our courts, and a constrained legal aid system. Lawyers are choosing not to offer their services through the legal aid system. Because the legal profession play a vital role in the work of the courts, this is of serious concern to the judiciary (see Part 3).

Technology has the potential, if used wisely, to address some of the barriers to justice by better enabling access to the courts, reducing the cost and complexity of taking part in proceedings, and supporting the efficient and timely determination of court proceedings.  This report provides updates on two significant projects underway – the use of remote participation technology, and the development of a new court and case management system, Te Au Reka (see Part 3).  It describes steps the judiciary is taking to ensure that technology strengthens and does not hamper access to justice.

The report also describes planning the judiciary is doing to use AI tools and to manage the implications of AI for the work of the courts (see Part 3).  In 2023, the New Zealand judiciary prepared world-leading guidance for the use of AI by lawyers and unrepresented litigants.  

As part of a commitment to transparency, the judiciary encourages scrutiny and understanding of its work.  This commitment is underpinned by the principle of ‘open justice’.  Our open justice initiatives are explored in Part 4 of this report. 

The final section of the report, “Pacific and international engagement”, describes the links between our courts and those in Australia and the Pacific.  Supporting the rule of law in the wider Pacific region continues to be a focus for the New Zealand judiciary.  In particular, the work of the Pacific Justice Sector Programme, now in its third year, is outlined in Part 5 “Pacific and International Engagement”.

More broadly, New Zealand judges look to other jurisdictions not just for the richness that exists in their case law, but increasingly, as colleagues who face similar challenges.  I am grateful for the sharing of information and cooperation that flows out of my membership of the Council of Chief Justices of Australia and New Zealand, and for ongoing cooperation with the judiciaries of Singapore and the United Kingdom.

I end by expressing, on behalf of my fellow heads of bench, our gratitude to everyone who supports the operation of the courts and the administration of justice.  To the Ministry of Justice who support the operation of the courts.  To the court staff, legal profession, and to justice sector agencies, for their everyday hard work in our courts.  To the media for its continued role in informing the New Zealand public of what happens in the courts.  And to the many people who share their expertise and experiences with the judiciary to help us improve access to justice now and for the future.  Finally, to the judges.  It is a privilege to lead a skilled and hard-working judiciary, committed to delivering justice in Aotearoa New Zealand. 

Helen Winkelmann
Chief Justice | Te Tumu Whakawā