My view, not shared by many, is that a significant impediment to delivery of justice in
New Zealand is the complexity and inaccessibility of our rules and our continual
perpetuation of a culture and attitude which are inconsistent with the way our societies
otherwise operate. This approach may be fun and fine for lawyers, but it does nothing
to enable people in a sensible and seemly way to get their problems resolved. These
views are held not merely by those represented by community law agencies. The most
strident criticisms came from business, commerce and the professionals.
The law in its established formats is failing to respond to the identifiable needs of real
women and men. The perpetuation of our system seems to have become an end in
itself. I invite you to each consider openly and critically what is required in your
countries. Are the Rules of Court an aid or a barrier? Do they facilitate getting to the
nub of a problem in a simple, principled manner?
I suggest that at least the procedural rules could and should be simplified for the tens of
thousands of disputes which people need to have resolved in the lower level courts so
they can get on with their lives. I have already mentioned our proposals in relation to
civil procedures in the high volume courts. The Law Commission has also recently
published a report which could potentially greatly enhance the effectiveness and
fairness to all of pre-trial criminal processes. But even the modes reforms advocated
there I suspect will face opposition by Judges and lawyers.
The current system is not working. The answer
to overloading and delays cannot
continue to be appointing more Judges to do it, as we have always done. Principled,