I want this morning to consider these weighty matters on a different plane. I am
persuaded that the greatest challenge for those of us who live, work and operate in the
Pacific (and I include Australia and New Zealand within that classification), is
guaranteeing that the promise of the rule of law, and the protection of human rights and
individual liberty is attainable for, and accessible to, all people.
My involvement in the Courts of this country for nearly a decade, adding to my
experience as a long-term trial Judge in New Zealand and coupled with what we learned
in the New Zealand Law Commission during a lengthy assessment of Courts and
Tribunals, leaves me in no doubt that there are recurrent problems with the extent to
which individuals see Courts as being relevant in their lives. This is so whether they
live in a small South Pacific Island territory or nation, or in Australia. When dragged
into the Courts purview by others, people find themselves in an environment in which
they are unable to participate. When they need assistance they do not see the Courts as
an available avenue, or feel unable to go there.
I have no radical solution for these very real perceptions and the associated problems,
but recognition of the reality rather than apathetic denial would be a valuable first step.
We cannot ignore the constant refrain that the legal systems as we operate them are
alien and alienating for most of our citizens. When disputes go to Court, the process is
seen as too slow, too costly, and unresponsive to the need for individuals to be able to
tell their story and have it heard and understood.
There are a multitude of perspectives or angles which we could consider. I want to
identify just four today which create particular problems and which, unless we seriously