Forum addresses updating the law

Sir Grant Hammond speaks at the Otago University law faculty Legal Issues Centre on Wednesday....
Sir Grant Hammond speaks at the Otago University law faculty Legal Issues Centre on Wednesday. Photo by Peter McIntosh.
Some "Dickensian" provisions in the New Zealand legal system should be updated, Law Commission president Sir Grant Hammond says.

Sir Grant, who is also a senior judge in the Court of Appeal, was taking part in a civil justice forum focusing on "Towards a new Courts Act" hosted by the University of Otago law faculty this week.

The event was jointly organised by the Otago Legal Issues Centre and the commission.

About 25 people attended the initial session.

This was New Zealand's second "justice forum", the first being held at the Beehive, in Wellington, last April.

Otago centre director Kim Economides, said he was pleased with the wide range of people who had attended.

Kim Economides.
Kim Economides.
The commission is reviewing the Judicature Act 1908 and aims to consolidate the legislation involving the New Zealand trial and appellate courts into "one clear, modern and coherent statute" by creating a new Courts Act.

The commission has asked if there should be "one unified district court of New Zealand", instead of the 63 separately constituted district courts.

Sir Grant said yesterday there were some "Dickensian" aspects of the current system, including a requirement for some senior court staff who had been "sworn" at one district court to be "resworn" if they began operating in another relatively nearby court.

The Judicature Act had been amended many times and statutes involving the country's courts had a "distinctly patchwork quilt" appearance, with gaps and overlaps in legislation.

In an interview, he said it was sometimes difficult even for lawyers to navigate through the complex legal system.

By consolidating different pieces of legislation into one new Courts Act, it would make the law easier to follow for people without legal training, and more accessible, he said.

- john.gibb@odt.co.nz

 

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