14
Delivering Justice for All
leading new initiatives to enhance the delivery of useful legal information,
for example, by providing training information or by developing self-help
kits for some types of case.
R4
The Ministry of Justice should take the lead in providing information about court
proceedings, in leafl
et and
R5
The Ministry of Justice should pilot the use of an information service or helpdesk
in courthouses, where trained staff can answer general questions about court
proceedings, help people find their way, provide access to general legal
information and suggest where people can obtain individual, initial legal
advice.
Information deficit
15
The information deficit that exists is not necessarily because information is not
being produced, although that is certainly part of the story. Although many
agencies provide information, and some of it is of very good quality, there is a
fragmented approach to its provision and sometimes information provided is
duplicated, either because agencies are unhappy with the quality of information
already provided by others, or because they are not aware that the information
already exists. The quality of the information that is available is uneven. Simple
things such as missing dates on printed material mean that it can be impossible
to know if material is current. In short, someone seeking basic legal information
may find a range of pamphlets and not know which to trust, or may struggle to
find any.
16
In the report Womenfs Access to Legal Information, the Law Commission
asserted:
At an overarching level, the Government has general responsibility to provide
legal information to the public. In addition, Article 7 of the Universal Declaration
of Human Rights provides that all shall be entitled, without discrimination, to the
equal protection of the law. Arguably a pre-requisite to the equal protection of
the law is access to information about the law and its processes.6
17
In the same report we noted that g[c]o-ordination is needed to avoid duplication
and gaps in material and also to serve as a check on the quality of the
informationh.
7
18
The Justice Sector Information Strategy project has not suggested that one agency
should take a lead role in the provision of information. However, we consider,
first, that for the purposes of coordination and accountability, one state agency
needs to have a leadership function in this regard and, secondly, that all agencies
responsible for legislation that creates public rights and duties should be required
to produce, distribute, review and update information that will assist lay people
to understand those rights and duties.
6
New Zealand Law Commission, above n 4, 34.
7
New Zealand Law Commission, above n 4, 26.