Gordon Campbell | Parliament TV | Parliament Today | News Video | Crime | Employers | Housing | Immigration | Legal | Local Govt. | Maori | Welfare | Unions | Youth | Search

 

Ground breaking report into Superdiverse parties in courts

The Superdiversity Institute for Law, Policy and Business is releasing its latest report today on Culturally, ethnically and linguistically diverse parties in the Courts: A Chinese case study.

The Report’s author, Mai Chen, Chair of the Superdiversity Institute said “Superdiversity is deepening in New Zealand. Census 2018 showed that the percentage of people not born in New Zealand was 27.4%, an increase from 25.2% in Census 2013. Census 2018 data also shows the biggest increase in ethnic group is the Asian population. The percentage of New Zealanders who identified with at least one Asian ethnicity grew from 11.8% in 2013 to 15.1% in 2018. The People’s Republic of China was the third most common place of birth after New Zealand and England. By 2038, Statistics New Zealand has projected that Asian peoples will comprise 35 per cent of Auckland’s population.”

The Report is a global first in applying a Superdiversity Framework to determining the issues and challenges to culturally, ethnically and linguistically diverse (CALD) parties in getting equal access to justice in courts.

Former Attorney-General, the Hon Chris Finlayson QC writes of the Report in his foreword “this is not a work to be read and shelved but read and implemented throughout the justice system. There is no going back. Major demographic change will not be reversed so we must all adapt to the new world. Not some time in the future but now.”

The Report examines the key issues and challenges faced by the justice system in ensuring equal access to justice for CALD litigants in New Zealand courts and makes 36 recommendations. It includes perspectives from judges, lawyers and interpreters, drawn from interviews with senior court judges, practitioners and prosecutors with experience of CALD parties and interpreters. It also includes a review of relevant data and literature and a substantial case review with analysis of over 100 cases involving parties of Asian ethnicity since the year 2000.

The research in the Report indicates that the cultural background and language limitations of many Asian and Chinese parties who come before the New Zealand senior courts affects:
• The way they present evidence;
• The way they respond to questioning of their actions and motivations;
• The way they verbally or physically express themselves or visibly show (or fail to show) emotions such as remorse, empathy or contrition;
• Their sense of what is the right thing to do when they perceive that a particular outcome could reflect adversely on their personal honour or that of their family (“mianzi”);
• Their confidence in representing themselves without the assistance of legal counsel and their sense that this is not a disadvantage;
• Their expectation of how judges will determine the “truth” – an inquisitorial process where the truth is distilled from an active judge-led examination and evaluation of competing perspectives of what happened and why, or an adversarial process where the judge determines which of two competing versions of the truth he or she finds more credible;
• Their expectation that judges will take account of who they are, and their status and wealth, in determining credibility and the “truth”. To that extent, they assume that judges are not truly independent;
• Their willingness to accept that they have been treated fairly and that the court did give them a fair opportunity to be heard; and
• The ability of New Zealand European lawyers to understand their clients’ instructions and motivations for their actions.
Ms Chen said “With the increasing number of New Zealanders not born here and coming from very different rule of law cultures, there is a burning platform to adapt New Zealand’s legal system to ensure those people can get equal access to justice. The Report is therefore relevant to all New Zealanders of a different culture, ethnicity, religion and language background, to those who advise them, or who work in the Courts, or train or regulate lawyers, to law firms and to mediators of legal disputes.

The former Attorney General Hon Professor Margaret Wilson in her foreword stressed the importance of increased resourcing relating to interpreters and cultural aware training of all members of the legal community, including judges, lawyers and court officials.

The Report will be launched in Auckland today (and livestreamed to Christchurch) and launched in Wellington on Wednesday, followed by CPD events to better train lawyers to ensure equal access to justice in courts for their culturally and linguistically diverse clients.

The Superdiversity Institute thanks the Ministry of Justice, the New Zealand Law Foundation and the Borrin Foundation for their support of this important report.

© Scoop Media

 
 
 
Parliament Headlines | Politics Headlines | Regional Headlines

PM's Statement: Deadly Eruption Of Whakaari / White Island

At this stage, we can confirm that amongst those currently listed as missing or injured are New Zealanders who were part of the tour operation, and tourists from Australia, the United States, the United Kingdom, China and Malaysia. That is to the best of our knowledge.

To those who have lost or are missing family and friends, we share in your unfathomable grief at this moment in time, and in your sorrow. Your loved ones stood alongside kiwis who were hosting you here. We grieve with you, and we grieve with them... More>>

Police Update: Work Continues On Recovery; Clarification On Investigation
Police has been working with Defence and Fire and Emergency NZ (FENZ) to determine conditions on the island including gas levels in the atmosphere, so that we can understand the nature of the current conditions...
Police can also confirm we have commenced an investigation into the circumstances of the deaths and injuries on Whakaari / White Island... To correct an earlier statement, it is too early to confirm whether there will also be a criminal investigation. More>>

Gordon Campbell: On The Eruption And Tourism Safety
Adventure tourism is a central theme in New Zealand tourism, and by definition, adventure always includes a certain level of risk. That said, New Zealand itself is also at risk of being seen as a tourism destination where commercial factors – rather than safety factors – are routinely allowed to determine the point where the boundary line of acceptable risk is being drawn. More>>

 
 

Select Committee Report: Combatting Foreign Election Interference

MPs have finally delivered their recommendations to combat foreign interference in elections in a long awaited and much delayed report. More>>

Mosque Attacks: Names Of Arresting Officers Released

Police are now in the position to name the two officers involved in the arrest of the alleged gunman responsible for the attacks on the Al Noor and Linwood Mosques on March 15. More>>

Big, Bold, Permanent Change Needed: Children's Commissioner On 2019 Child Poverty Monitor

“I want to see family incomes dramatically raised by increasing benefits and making the minimum wage a living wage. And the Government needs to move much faster at increasing the supply of social housing..." More>>

ALSO:

RNZ Live Updates: Weather Mayhem Strands Tourists; Major Roads Closed

Hundreds of tourists are stranded on the West Coast, and on the other side of the South Island a flood-damaged bridge has closed State Highway 1, after a weekend of torrential rain... More>>

ALSO:

Policing: Armoured Specialist Police Vehicles

New Zealand Police has taken delivery of three Armoured Special Purpose Vehicles. The vehicles are unmarked and look like standard Toyota Land cruisers... They will not be used for patrol. More>>

Single Use PVC And Polystyrene Out: Next Steps On Plastic Waste

The Government will phase out more single-use plastics following the success of its single-use plastic bag ban earlier this year and the release today of a pivotal report for dealing with waste. More>>

ALSO:

Faafoi Statement: Minister's Suspicious Immigration Texts

I have apologised to the Prime Minister and understand I have let her down in regards to my dealings with Jason Kerrison over an immigration matter concerning his family. More>>

ALSO:

NZ First Conflicts Of Interest: New Details Around Timeline

New information has emerged showing it was the New Zealand First chief of staff who identified potential conflicts of interest between a forestry company and two senior government ministers, sparking a series of declarations. More>>

Earlier:

Donations:

Five New Cancer Meds In Six Months: Pharmac Funds More Cancer Medicines, Faster Assessment

PHARMAC has confirmed that two new medicines – olaparib for ovarian cancer and fulvestrant for breast cancer – have been approved for funding... Rituximab and bortezomib, which are already funded, have also been approved for widened access following successful commercial proposals from new suppliers. More>>

ALSO:

 
 
 
 
 

LATEST HEADLINES

  • PARLIAMENT
  • POLITICS
  • REGIONAL
 


 

InfoPages News Channels