An open letter to the Honorable Chris Finlayson and to the Honorable David Parker

Our system of civil justice is unpopular.  In the year ending 31 October 2010, a High Court Judge could expect to preside over significantly less than one civil trial and/or originating  application a month:  see “Is the High Court’s civil jurisdiction in a death spiral?”, NZ Lawyer, 28.1.11.

The shortage of this work in the High Court has a direct flow-on effect so that, for example, the Court of Appeal has scheduled only 10 non-criminal appeals this month of which four involve regulators.

I believe that:

  1. A country’s prosperity is governed, to a large part, by the success of its legal institutions.
  2. For the legal institutions to be a success, they must be accessible to most of its citizens.
  3. In an era of specialisation, a successful legal system requires specialist judges to resolve specialist disputes.
  4. The commercial community needs regular guidance from the Courts in the ways that will best ensure the success of the country’s laws and institutions.
  5. Apathy is the enemy of reform.

Some readers may be influenced in the way they vote in November by policies which the National Party and the Labour Party have for the reformation of our system of civil justice.

My column today is therefore an open letter to our Attorney-General, the Hon Chris Finlayson and to his Labour Party Shadow the Hon David Parker.

Questions

Is your Party content with the structure and procedures of the High Court in its civil jurisdiction?

If not, what aspect of the structure and/or procedures of the High Court does your Party propose to change?

Does your Party favour the retention of the existing policy of refusing to allow the appointment and/or designation of High Court Judges as specialists in particular areas of the law?

If not, what changes is your Party likely to seek in relation to judicial specialisation?

Does your Party want to promote the creation of a specialist Commercial Court with its own judges?

If so, how do you envisage that the Commercial Court will differ in its workings from the way in which the High Court works at present?

Do you consider that Parliament has sufficient power to implement any changes that may be desirable for our system of civil justice or is change dependent on the co-operation of one or more members of the judiciary?

The Court of Final Appeal in Hong Kong has a number of non-permanent Judges whose participation in that Court’s decision-making is perceived to add international credibility to that country’s jurisprudence.  Does your party consider that there may be a place for some non-permanent Judges to be appointed to the Supreme Court?

Publication of responses

Copies of this article will be sent to both the Hon Mr Finlayson and the Hon Mr Parker and I am assured by the Editor of NZ Lawyer that she will publish their responses. 

 

 

 

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