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

Gordon Campbell: On National's Great Leap Backwards

It isn’t surprising that at the height of its disarray, National should have looked for certainty and picked the least introspective candidate on offer. With Judith Collins, there is absolutely no risk that the leader will suddenly have an angst attack about whether they’re really up to the job. You would have to go all the way back to Robert Muldoon to find a National Party leader less prone to self-doubt, and more willing to use fear as a weapon to maintain discipline within the rank and file... More>>

 

Gordon Campbell: On The Todd Muller Resignation

Given the factions within National’s own caucus, anyone picked as the new leader of the National Party will struggle to unify their own troops, let alone to convince the electorate that National is a coherent government-in-waiting. Even all of that ... More>>

Green Party: Unveils Clean Energy Plan

The Green Party is today unveiling part one of its plan for a fossil-fuel free Aotearoa, including an immediate ban on new industrial coal boilers. To ensure a just transition away from fossil-fuels, the Green Party’s Clean Energy Plan will: Establish a Clean ... More>>

ALSO:

National Departures: Press Statement From Michelle Boag

Today I am announcing that I have resigned my membership of the NZ National Party. The last few days have underscored for me the unhealthy relationship I have developed with politics. For 47 years, I have devoted much of my professional and personal ... More>>

ALSO:

RACISM IS NO JOKE: Campaign Launched To Fight Racism Against Asian New Zealanders

Race Relations Commissioner Meng Foon has launched the ‘RACISM IS NO JOKE ’ campaign featuring well-known comedian, Filipino New Zealander James Roque. “Since COVID-19, we’ve seen an increase in racism against Chinese and other Asian New ... More>>


Isolation: Government And Air NZ Agree To Manage Incoming Bookings

Bookings for seats on Air New Zealand flights into New Zealand will be managed in the short term to ensure the Government is able to safely place New Zealanders arriving home into a managed isolation or quarantine facility, says Housing Minister Megan ... More>>

ALSO:

Government: New Investment Creates Over 2000 Jobs To Clean Up Waterways

A package of 23 projects across the country will clean up waterways and deliver over 2000 jobs Prime Minister Jacinda Ardern and Environment Minister David Parker announced today. The $162 million dollar package will see 22 water clean-up projects ... More>>

ALSO:

Eenrgy & Environment: Snail Like Progress On Government Vehicle Emissions Targets

First published in Energy and Environment on June 2, 2020. The latest data on the Government’s attempts to reduce the emissions of its transport fleet show no discernible progress. The Ministry of Business, Innovation and Employment’s data on reducing ... More>>

Conservation: New Protection For Dolphins

Extensive new protections are being put in place as part of an updated plan to look after New Zealand’s native Hector’s and Māui dolphins, announced Minister of Fisheries Stuart Nash and Minister of Conservation Eugenie Sage today. More>>

ALSO:

David Seymour: ACT Leader's Address To Election Campaign Launch - ASB Waterfront Theatre, 12 July 2020

Introduction Thank you very much. Elections in New Zealand – like everywhere - are a very special tradition, because they are driven by you. They’re an opportunity to change your future. If you think about it, the Government doesn’t do much. It ... More>>

Foreign Affairs: New Zealand To Review Relationship Settings With Hong Kong

Foreign Affairs Minister Winston Peters has announced that the New Zealand Government is reviewing the settings of its relationship with Hong Kong. “China’s decision to pass a new national security law for Hong Kong has fundamentally changed the environment ... More>>

ALSO:


Covid-19 Patient Info Leak: Hamish Walker - A Personal Statement And An Apology

I have spoken to National Party Leader Todd Muller and informed him that I passed to members of the media, by email, information containing Covid-19 patient details that was given to me by a source. I did this to expose the Government’s shortcomings ... More>>

ALSO:

Economy: Infrastructure Investment To Create Jobs, Kick-Start COVID Rebuild

A new package of infrastructure investments will help kick-start the post-COVID rebuild by creating more than 20,000 jobs and unlocking more than $5 billion of projects up and down New Zealand. Finance Minister Grant Robertson and Infrastructure Minister ... More>>

ALSO:

Covid-19: Isolation System To Be Beefed Up After Stress

A range of improvements are already underway to address issues identified in the rapid review of the Managed Isolation and Quarantine system released today, Housing Minister Megan Woods said. The review was commissioned just over a week ago to identify ... More>>

ALSO:

Election 2020: Parties Get Into Gear

ACT has today announced its list for the 2020 General Election. “The calibre and experience of our candidates will impress voters of every persuasion. We have candidates from all walks of life. People who have built their homes, families and businesses ... More>>

ALSO:

 
 
 
 
 

LATEST HEADLINES

  • PARLIAMENT
  • POLITICS
  • REGIONAL
 


 

InfoPages News Channels