51
1
Part 1: Achieving Access
90 Women are not discussed separately here. Their position has been considered in previous Law Commission papers:
see New Zealand Law Commission Womenfs Access to Legal Information: NZLC MP4 (Wellington, 1996) and
New Zealand Law Commission Womenfs Access to Legal Advice and Representation: NZLC MP9 (Wellington, 1997).
91 Submission received from New Zealand Law Society.
1.6
Encompassing Diversity
172 Access to justice should not depend on how close onefs ethnic descent, culture,
gender or physical ability is to the dominant group in society. In Seeking
Solutions
, we identified several groups of New Zealanders
over and above those experienced by other New Zealanders in accessing justice
through the courts, or whose particular needs may give them a different
perspective on the courtsf operation. The court system needs to be responsive to
these groups of people.
173 While recognising that our list was not exhaustive, the groups we heard most
from, and have focused on, are Maori, people of ethnic minorities, people with
disabilities and victims of crime.90 Our objective was to look at practical
assistance or ways to adapt existing processes to enable these groups to participate
more easily in the court system.
174 Many of the issues raised by disadvantaged groups are the same as those
experienced by all New Zealanders. The most important recommendations to
encourage courts to be more responsive to diversity are reflected in the main
thrust of this report those to improve access to information and advice, provide
simpler processes and identify or resolve issues early. The ethos of the proposed
Community Court is that it should establish respectful and ongoing relationships
with local people, which includes responding to the needs of these particular
groups.
175 The recommendations made in this section are additional to the major proposals
made elsewhere in the report, and do not provide a full picture if read in
isolation. However, many submitters also recognised that gon top of an improved
level of service and information, there should be additional specifi c services for
especially disadvantaged or high need groupsh.91
In this section we recommend:
R24 The Ministry of Justice should investigate:
the designation of staff as liaison offi cers or facilitators to assist groups with
particular access issues arising from their ethnicity, disability or any other
special concerns, and to advise the court about ways to improve services for
these people
staff training to assist people with special needs for assistance with court
processes.