I was heartened to find that the Ministry of Justice in New Zealand recently identified
several projects in their three year work programme which will focus on measures such
as better lay access to legal information, use of alternatives such as mediation, police
diversion and restorative justice, simplification of court processes and judicial led case
management.
Substantial work has been undertaken in various developed countries on most of the
issues I have discussed. The New Zealand Law Commissions work was informed in
particular by law reform reports and initiatives on civil and criminal process reform in
the UK, Australia, Canada and the USA. Where significant changes were advocated
and implemented, there was often initial resistance. Respect for tradition and a cautious
approach are necessary attributes of the practice of law. But there is no turning back
from reform as was seen, for example, with civil procedure in the UK or criminal
procedure in Victoria, Australia.
One initiative that may be of particular interest for some Pacific countries is work done
by the Centre for Court Innovation in New York, USA. They have developed and
implemented a concept of first level community courts with a problem solving
approach. The Red Hook Community Justice Centre in Brooklyn, New York, has not
only shown it is possible to deliver swift and effective justice and follow up with
support for the people involved, it has also been a catalyst for practical improvements of
conditions in a difficult and depressed urban community.
That sort of concept is capable of adaptation to different environments and cultures. We
thought it would allow, for example, courts in communities with strong Polynesian and