68Sir Ivor Richa rdson, Trends in Judgment Writing in the Court of Appeal, Legal Research Foundation
Seminar: 2 March 2001.
48
delivered. In essence, just over 50% of cases in the Court of Appeal and House of
Lords involved more than one judge delivering a judgment. It is, of course, only a
snapshot.
96
The trend in the New Zealand Court of Appeal is summarised in a paper delivered
in 2001 to a Legal Research Foundation seminar by the President of that Court, Sir
Ivor Richardson. Sir Ivor said:
The incidence of multiple judgments has significant implications for the workload of individual
judges and for the court as a whole. Clearly where there is dissent there have to be at least two
judgments. That aside, there have been distinct changes in our practice over the years. In 1960
multiple judgments were delivered in 22% of the cases, in 1980 it was 25%, in 1990 9%, 19 97 and
2000 6% and 4% respectively. What is all the more striking is that multiple judgments and dissents
are confine d large ly to civil ma tters, except perhap s in the early Bill of Rights years. That reflects the
requirement of s 398 of the Crimes Act 1961 for a single judgment except where, in the opinion of
the court, the question is a q uestion of law on which it would be convenient that separate jud gments
should be prono unced. It reflects the legislative importance attac hed to the certainty and finality of
the result.
Mo re broadly, the pro por tion of multiple judgments is a matter of judicial approach. There are at
least 3 factors at play. First, workload pressures may encourage dividing judgment writing
responsib ilities. Second, at the particular time the court may put a lot of emphasis on trying to send
a clear statement perhaps at t he expense of burying or blurring differences in detail or masking
com plexity. Third, there is the influence of the personalities and attitudes of the particular set of
Judges on the court at the time.68
97
Volume 1 of the New Zealand Law Reports for 2002 contains reports of 43
decisions of the Court of Appeal and Privy Council, in 8 of which more than one
judgment was given. Volume 2 for the same year contains reports of 39 decisions
of the Court of Appeal and Privy Council, in 10 of which more than one judgment