3Justice Ronald Sackville, Som e Thoughts On Access to Justice, Victoria University of Wellington, New
Zealand, Faculty of Law, New Zealand Centre For Public Law, 28 and 29 November 2003.
4W oolf Report.
2
Part 1
Introduction
1
I have always considered speakers and authors who use some Latin or other phrase
to flavour their topic as complete show-offs. But the quotation at the beginning of
this paper is simply too good to pass up, and quoting the original Latin reinforces
the point that not much has changed. Nearly everyone shares the same frustrations
with the proliferation of legislation and the strains it places on society that Tacitus
expressed almost 2000 years ago. However, unlike the times of which Tacitus wrote,
todays laws re flect the values of the liberal parliamentary democracy. It is not by
accident that they do. That is, in part, the theme of this paper.
2
It is predictable that a paper by a legislative drafter begins with preliminary
comments about definition, although opinions differ among legislative drafters as
to whether the interpretation provision should be drafted first or last. In any
discussion of access to justice issues, it is important to be clear about how the
concept is used. Six months ago in this lecture theatre, Justice Ronald Sackville, a
Judge of the Federal Court of Australia, delivered an address to the First Annual
Conference on the Primary Functions of Government held by the New Zealand
Centre for Public Law. The Judges paper, Some Thoughts on Access to Justice,3
discusses at the outset different meanings associated with the term acc ess to
justice.
3
At one level, it is access to the civil justice system, in the sense in which the term
is used by Lord Woolf in his report Access to Justice4 that led to sweeping reform
of the English civil justice system and to the adoption of new Civil Procedure Rules.