Better court systems advocated

Simpler language, clearer directions and weekend court sessions are among suggestions to make New Zealand's courts better for the community contained in a Law Commission paper released yesterday.

The paper, Seeking Solutions, includes submissions from groups, individuals and minorities on aspects including court access and cost.

The paper is the second part of a three-pronged review of the system.

A clear call was made for more information in "plain language".

"You can't hear anything being said - the solicitor, the court taker and the judge will have private conversations and suddenly your matter is dealt with and you haven't heard a thing - did they say guilty or not guilty?" said one community workshop in a submission.

"When I was arrested I was in shock. I did not know what to do. There was nothing available to inform me, no posters in the court foyer, no pamphlets," an Auckland individual said.

A prison officer said: "They [defendants] turn to us and say, 'What did he say? What's my sentence?' Why can't they speak ordinary English?"

Some submissions proposed that basic court information be put in takeaway chains and supermarkets.

The paper said submissions prompted the question: why can't courts be made more efficient and cheaper to run?

A Christchurch focus group said: "If people ran their businesses like they run courts, we would all be in bankruptcy. It's a dinosaur."



An Auckland focus group described courts as "formal, stodgy, slow, cumbersome, and arcane documentation in exclusionary language".

"Little is done to help solo parents with young children. There should be a creche and cafeteria selling wholesome food," said Maori Legal Services.

The paper said the courtroom was still seen as the domain of white, middle-class males, and that submitters thought British court rituals had little relevance.

Many thought the system was unacceptably slow.

The Salvation Army suggested holding sessions on Saturdays, and a Waikato submitter said: "Business has gone 24/7, why not the justice system?"

Issues relating to Maori included greater recognition of traditional resolution techniques, with more responsibility for Maori offending given to the Maori community.

The Council for Victim Support Groups said courts were oriented towards offenders, while others suggested a new specialist court for sexual abuse trials.

Submissions from groups for the disabled called for increased resources for the deaf, blind and those with intellectual disabilities.

Releasing the paper, Law Commission president Justice Bruce Robertson said: "The court system is founded on the principle that all people must be equal before the law and all must have equivalent access to the law. This exercise has proved ... that this is no longer the case in New Zealand."

He called for submissions on the suggestions by next Easter.

The third stage of the review will be recommendations for reform from the Law Commission to the Government in the second half of next year.


- NZPA