Many hit by the high price of justice

People listen to Justice Helen Winkelmann  at the Dunedin Centre yesterday. Photos by Peter...
People listen to Justice Helen Winkelmann at the Dunedin Centre yesterday. Photos by Peter McIntosh.

The principle that all New Zealanders, rich or poor, should have equal access to justice is being challenged by growing problems over court affordability, Justice Helen Winkelmann warned yesterday.

Justice Winkelmann, who is the Chief High Court Judge, discussed access to justice issues in civil cases when she gave the 18th annual New Zealand Law Foundation Ethel Benjamin commemorative address, at the Dunedin Centre.

She accepted the need for some court cost recovery but said the costs for a relatively straightforward civil matter with a one-day hearing in the High Court now amounted to $6700.

Adding to rising costs were legal aid restrictions which meant, for example, a single civil litigant who earned more than $22,366 was ineligible for such aid.

As costs increased, there were rising numbers of unrepresented litigants in civil cases, including in about 25% of current Court of Appeal cases - 56 out of 228.

She did not object to litigants appearing without representation, but growing numbers of litigants appearing without lawyers were posing wider problems for the justice system and ultimately resulted in ''false economy''.

An overseas judge had once suggested that in England ''justice is open to all - like the Ritz hotel.''

''My fundamental concern is that we have good access to justice,'' she said.

Lawyers in future could also help by undertaking more pro bono work involving court appearances.

And ''unbundling'' their overall legal charges would enable poorer clients to choose to pay for key parts of what they wanted done, such as pre-court preparations.

Add a Comment

 

Advertisement