Pacific and international engagement

Contents

"The strength of the links of history and family between all our nations is powerful. So, we should be working together, because we all want to build more just societies in our jurisdictions. There are enormous benefits to be gained from sharing our wisdom and knowledge, but also I think we can be more ambitious than that and start to work together to share our efforts to strengthen the court and judicial systems that support that just society."

CHIEF JUSTICE HELEN WINKELMANN TO THE PACIFIC CHIEF JUSTICES LEADERSHIP FORUM, FEBRUARY 2024.

The New Zealand judiciary fosters strong links with judiciaries in the Pacific, Australia, and around the world. 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.

Supporting justice in the Pacific: The Pacific Justice Sector Programme

The Pacific Justice Sector Programme (PJSP) works with Chief Justices and courts across the Pacific to support accessible, fair, responsive and efficient justice. In this way, it contributes towards a stable, prosperous and resilient Pacific region.

PJSP’s work is part of New Zealand’s regional justice support activity, funded by the Ministry of Foreign Affairs and Trade and delivered by Te Kura Kaiwhakawā | Institute of Judicial Studies, which sits within the Office of the Chief Justice.

An effective justice system relies on a number of different officials and agencies working effectively together – judges, lay judicial officers, court staff, legal profession, other justice stakeholders, and communities all contribute to an effective justice system. Therefore, PJSP’s programme is built around six strategic priorities or pou (pillars) that support the wider justice system. These are: judicial education, litigation skills for lawyers and legal advocates, access to justice for vulnerable groups, judicial leadership, partnerships, and the efficiency and transparency of courts.

PJSP’s 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.

Providing training for judges and judicial officers in the Pacific

In 2024, PJSP provided training for hundreds of judicial officers, including judges and lay judicial officers, across the region. Approximately half of those participants were women – despite the systemic underrepresentation of women in legal roles in most Pacific Island countries.

In February, Samoa hosted the second Chief Justices’ Leadership Forum. This two-day conference was attended by 14 Chief Justices from the region. The forum attendees were honoured to be invited by the village of Amaile to view how an īfoga ceremony is conducted.

PJSP continued to develop regional resources such as bench books and publications on important legal topics. The revised edition of the Cook Islands High Court Bench Book was published in March 2024.

PJSP also facilitated the attendance of judicial officers at international conferences.

Advancing access to justice in the Pacific

One of the main strategic priorities for PJSP is to support, improve and expand access to justice across the Pacific, especially for vulnerable groups such as women, children, remote communities and people with disabilities.

In September 2024, PJSP facilitated two engagement workshops in Kiribati as part of an “Expanding Access to Justice” Project, to consult with community and government stakeholders about how the justice sector could respond to the needs of women and children more effectively. A sector-wide range of participants were recommended by Chief Justice of Kiribati, Tetiro Semilota, and included representatives from the police, courts, Ministry of Justice, the Attorney-General, Ministry of Interior (Island and Local Councils), Ministry of Women, Youth, Sports and Social Affairs, the Kiribati Women and Children Support Centre, Office of the People’s Lawyer and community leaders.

Three initiatives have been set up as a result: a mechanism has been established to co- ordinate between the courts, police and other partners to ensure vulnerable individuals are not overlooked in the justice system; key project activities to improve access to justice have been designed for the courts, police and the Office of the People’s Lawyer; and a multi- stakeholder Coordinating Committee has been established to ensure that the justice sector continues to identify ways to enhance access to justice for women and children.

Supporting the legal profession in the Pacific

Skilled legal advocates are essential to the efficient and just outcomes in court, and indeed to the rule of law. In 2024, PJSP and the New Zealand Law Society Continuing Learning Education (NZLS CLE) delivered a three-day Introduction to Civil Litigation Skills course in Samoa.

The workshop was designed to support 30 entry-level litigation lawyers from across the Pacific develop practical skills and confidence with civil litigation. Chief Justice of New Zealand and Tokelau Helen Winkelmann, Chief Justice of Samoa Satiu Simativa Perese, former Chief Justice of Tonga Michael Whitten, and Justices Willie Young and Raynor Asher of the Court of Appeal of Samoa were on the teaching faculty.

A similar course was delivered in the Solomon Islands to 30 more lawyers from across the Pacific in November.

PJSP supports the delivery of resources, training and tools to legal practitioners and other justice sector advocates to provide them with the confidence to perform their roles well and therefore to support just and timely decisions.

The first of PJSP’s Litigation Skills video series was released this year, in which legal experts from New Zealand cover key topics to help legal counsel prepare for court.

Judicial support for Pacific courts and court staff

There is a strong tradition of retired and sitting New Zealand judges supporting education programmes and acting as mentors for new Pacific judges and judicial officers. This includes longstanding arrangements for the secondment of serving District Court judges 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 also serves on the Māori Land Court Bench as Deputy Chief Judge.

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

In 2024, 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 and
the Republic of Vanuatu.

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. This year the Chief Justice met with senior officials at the Tokelau Liaison Office in Apia. Plans for the Chief Justice to visit Tokelau in October were postponed as she was to have travelled on the HMS Manawanui. This would have been the first visit of a Chief Justice to the island nation since 2011, when Chief Justice Sian Elias visited.

Tokelau faces a number of issues relating to access to justice. 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.

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.

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.

Previous section: Open justice and engagement

Next section: Appendix 1: The Statement of Principles