Post by Kiwi Frontline on Nov 9, 2019 2:22:06 GMT 12
JUDICIAL LEGITIMACY LIES IN A FOCUS ON DIVERSITY, SAYS CHIEF JUSTICE
A fully diverse judiciary is important to the quality of the substantive law. This is because the path that judges have walked through life shapes how they will and can develop the law, Chief Justice Dame Helen Winkelmann says.
Māori are underrepresented in our judiciary and this is cause for concern given the critical issues that remain to be worked out in the area of Treaty obligations and the place of tikanga in our law. It is a troubling reality that an overwhelmingly pakeha judiciary deals with a predominately Māori cohort of defendants.
It is also important for the legitimacy of the New Zealand judiciary that judges receive education in tikanga Māori and are offered support in acquiring basic skills in Te Reo Māori, Dame Helen said.
"Knowledge of tikanga Māori, or Māori custom, is essential knowledge for judging in New Zealand. Tikanga Māori forms part of the values of the common law available to be weighed by judges when deciding cases before them."
Judicial education alone will not be enough if tikanga is to find its rightful place in the law. Lawyers need a sufficient understanding of tikanga concepts to identify and make the arguments. The next challenge then is for the law schools, the New Zealand Law Society, and other professional bodies to ensure adequate education is offered in relation to tikanga, she said......
www.lawsociety.org.nz/news-and-communications/latest-news/news/judicial-legitimacy-lies-in-a-focus-on-diversity,-says-chief-justice?utm_source=LawPoints+7+November+2019&utm_campaign=7569590dc8-EMAIL_CAMPAIGN_2019_03_06_08_11_COPY_01&utm_medium=email&utm_term=0_39ff5e06e3-7569590dc8-43175357
A fully diverse judiciary is important to the quality of the substantive law. This is because the path that judges have walked through life shapes how they will and can develop the law, Chief Justice Dame Helen Winkelmann says.
Māori are underrepresented in our judiciary and this is cause for concern given the critical issues that remain to be worked out in the area of Treaty obligations and the place of tikanga in our law. It is a troubling reality that an overwhelmingly pakeha judiciary deals with a predominately Māori cohort of defendants.
It is also important for the legitimacy of the New Zealand judiciary that judges receive education in tikanga Māori and are offered support in acquiring basic skills in Te Reo Māori, Dame Helen said.
"Knowledge of tikanga Māori, or Māori custom, is essential knowledge for judging in New Zealand. Tikanga Māori forms part of the values of the common law available to be weighed by judges when deciding cases before them."
Judicial education alone will not be enough if tikanga is to find its rightful place in the law. Lawyers need a sufficient understanding of tikanga concepts to identify and make the arguments. The next challenge then is for the law schools, the New Zealand Law Society, and other professional bodies to ensure adequate education is offered in relation to tikanga, she said......
www.lawsociety.org.nz/news-and-communications/latest-news/news/judicial-legitimacy-lies-in-a-focus-on-diversity,-says-chief-justice?utm_source=LawPoints+7+November+2019&utm_campaign=7569590dc8-EMAIL_CAMPAIGN_2019_03_06_08_11_COPY_01&utm_medium=email&utm_term=0_39ff5e06e3-7569590dc8-43175357