COURTS, LAWYERS, AND JUDGES - LAWS101

Rule of law

Everyone is bound by the same rules. “No single political idea has ever been so widely accepted and endorsed.”

Civil jurisdiction

Anything that isn’t criminal - people v people. Usually determined by quantum (money)

Criminal jurisdiction

The state prosecuting the individual. Nature of the offence determines the nature of the sentence

Litigation

In court: outcome of case determined by judge or other decision maker

Litigation - pros

Public enunciation of community values, creates precedent, guarantees a binding decision, reduces power imbalances, strengthens other means of dispute resolution

Litigation - cons

Cost, delay, damage to relationships, limited range of remedies

Negotiation

Two parties talking to each other

Mediation

Neutral third party acts as a referee to help work through issues

Negotiation - pros

Cheaper and faster, preserves relationships, simple and accessible

Negotiation - cons

Weaker party might get steamrolled, sometimes proceedings need to be filed beforehand (can cause tensions)

Mediation - pros

Private/confidential - preserves and repairs relationships

Mediation - cons

Power imbalances can continue, no safeguards and checks

Mediation - neutral

Can be cost efficient but can also be expensive

Family Court approach

Emphasis on conciliation and consensus

By encouraging people to settle…

it stunts the growth and development of the law

Employment jurisdiction aim

speedy and low level resolution of disputes

Civil legal aid

State provided legal assistance, is difficult to get in civil space. Loan not a grant

Pro-bono

provides free legal service to low income or otherwise disadvantaged individuals

Justice gap

expensive private lawyers, low legal aid threshold and few providers, small amount of free community service. Cost is a barrier to access to justice

Employment advocates

offers competition in market (no win, no fee)

McKenzie friend

support person in court - not a lawyer

Judicial diversity

diversity shows the public that the judiciary is independent and impartial. Contributes to quality of substantive law and the judiciary’s legitimacy

Offender profile

Male 24-49, experienced severe socio-economic deprivation and violence, experienced traumatic brain injury and mental health issues, Maori disproportionately represented

Restorative justice conferences

Step between admitting and sentencing: allows for victim and offender to come together, places responsibility on offender

Rangatahi and Pasifika courts

Youth court but held marae based. Is a culturally adapted court process

Youth court

Aim to address underlying causes of offending rather than letting them get caught up in criminal cycle

AODT

Based on therapeutic justice: uses threat of imprisonment as incentive to get clean and get out of the offending cycle

Te Ao Marama

New way of working for the District Court: concentrates on underlying causes and approaches of family court. Blended system of te ao Maori and settler law.