The inquest into the death of North Shore teenager Christie Marceau opened on Monday - but while issues of her killer being granted bail are being well-canvassed, the judge who made that decision will not be giving evidence.
Christie, 18, was stabbed to death in her home by Akshay Chand
in November 2011.
Chand, also 18, was on bail at the time and was facing charges of kidnapping, threatening and assaulting Christie two months earlier.
He was initially denied bail but, despite "vigorous" opposition from police and Christie herself, Judge David McNaughton released Chand from custody on October 5, 2011.
Just 33 days later Chand ignored all of his bail conditions, left his home and walked the two-minute distance to the Marceaus' property.
There, Chand fatally attacked Christie.
The teenager died in her mother's arms.
The inquest is set to run for 11 days before Coroner Katharine Greig, who has indicated she will make several recommendations after hearing evidence from 23 witnesses.
Witnesses include Christie's parents, Brian and Tracey Marceau, police who investigated the kidnapping and murder, members of Chand's family, mental health staff involved with his case and treatment and his lawyer, Mary-Anne Lowe.
McNaughton will not give evidence, nor will Judge Barbara Morris, who presided over Chand's initial appearances.
That is because judges do not have to explain or justify their decisions.
"For a judge to make fair decisions, he or she must be independent," the District Courts of New Zealand website states.
"This is often depicted in the metaphor of 'blind justice' - a judge's decision must not be influenced by anything other than the law and the arguments presented in court.
To ensure judges are independent, New Zealand's laws and constitution provide judges with some protections.
"For example, no government minister or judge can dismiss another judge, or control their salary," the district court website explained.
"This ensures that a judge cannot be manipulated by any other person."
The protections extend to coronial inquests.
On the first day of the inquest Greig said she did not have the jurisdiction to review McNaughton's decision - and she would not be doing so.
She said it was "not appropriate for the inquest to encroach on judicial process".
However, she may make recommendations in relation to that process.
Greig said the point of the inquest was:
• to look at the administrative process at the North Shore District Court in the lead-up to Chand being bailed
• to canvass the police bail checking processes and protocols and whether they were adequate
• to establish Chand's mental health before Christie's death
• and to ascertain what information McNaughton had available to him when he made the bail decision
While judges' decisions are exempt from explanation outside the courtroom, complaints can be made against their conduct.
These complaints are reviewed by the Judicial Conduct Commissioner, who is not a member of the Judiciary.
"It is sometimes said that judicial independence and judicial accountability are in conflict with one another,' the district court website explained.
"Ultimately, however, they both serve the same purpose: to provide confidence to the public that every person in the district court receives a fair hearing."
