Chief Justice - CathNews New Zealand https://cathnews.co.nz Catholic News New Zealand Sun, 12 Aug 2018 22:54:07 +0000 en-NZ hourly 1 https://wordpress.org/?v=6.7.1 https://cathnews.co.nz/wp-content/uploads/2020/05/cropped-cathnewsfavicon-32x32.jpg Chief Justice - CathNews New Zealand https://cathnews.co.nz 32 32 70145804 Chief Justice Dame Sian Elias warns New Zealand's constitution is 'vulnerable' https://cathnews.co.nz/2018/08/13/new-zealands-constitution/ Mon, 13 Aug 2018 07:50:47 +0000 https://cathnews.co.nz/?p=110435 The first Chief Justice of our Supreme Court has urged New Zealanders to embrace the strands from which the country's piecemeal constitution is woven or risk a rigid and formal framework. Continue reading

Chief Justice Dame Sian Elias warns New Zealand's constitution is ‘vulnerable'... Read more]]>
The first Chief Justice of our Supreme Court has urged New Zealanders to embrace the strands from which the country's piecemeal constitution is woven or risk a rigid and formal framework. Continue reading

Chief Justice Dame Sian Elias warns New Zealand's constitution is ‘vulnerable']]>
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Bishops criticise decision to suspend the chief justice https://cathnews.co.nz/2011/11/22/bishops-criticise-decision-to-suspend-the-chief-justice/ Mon, 21 Nov 2011 18:30:46 +0000 http://cathnews.co.nz/?p=16429

In Papua New Guinea the Catholic Bishops' conference has expressed concern over the conflict between the executive and judicial arms of government. The Chief Justice, who is heading a Supreme Court panel which is to decide whether the election of the prime minister is constitutional, was suspended on allegations of mismanagement, a move which triggered the arrest of Read more

Bishops criticise decision to suspend the chief justice... Read more]]>
In Papua New Guinea the Catholic Bishops' conference has expressed concern over the conflict between the executive and judicial arms of government. The Chief Justice, who is heading a Supreme Court panel which is to decide whether the election of the prime minister is constitutional, was suspended on allegations of mismanagement, a move which triggered the arrest of Deputy Prime Minister and Attorney General for contempt of the Supreme Court.

The Bishops' statement says the decision to suspend the chief justice appears to them, and to many fair-minded people, to go against the independence of the judiciary.

"The court should be allowed to complete its business and establish the freedom of the truth," the Bishops' stament said.

"Under this principle of the separation of powers the three arms of government are expected to respect each others' independence and to co-exist in their duties and responsibilities for the common good of the people."

The statement says Papua New Guinea is already facing problems of corruption, poverty, unemployment, law and order, and many more and it is not a time for political instability and infighting.

"We appeal to all involved in this dispute to place the peace and good of the nation above self-interest."

The Papua New Guinea government has now lifted the suspension of the Chief Justice saying the move was in the national interest to prevent a constitutional crisis.

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Chief Justice sounds warning on justice reforms https://cathnews.co.nz/2011/10/18/chief-justice-sounds-warning-on-justice-reforms/ Mon, 17 Oct 2011 18:30:15 +0000 http://cathnews.co.nz/?p=13684

Chief Justice Dame Sian Elias has warned that decisions "which seem quite innocent" are undermining the basic principles of the constitution. In the Harkness Henry Lecture, delivered at Waikato University last month, Dame Sian made apparent references to the Government's criminal justice reforms. She said control of court processes through new rules was seen by politicians as Read more

Chief Justice sounds warning on justice reforms... Read more]]>
Chief Justice Dame Sian Elias has warned that decisions "which seem quite innocent" are undermining the basic principles of the constitution.

In the Harkness Henry Lecture, delivered at Waikato University last month, Dame Sian made apparent references to the Government's criminal justice reforms.

She said control of court processes through new rules was seen by politicians as an opportunity to reduce prison populations and move cases through the court process faster through settlements and guilty pleas and so reduce costs and promote efficiency. "But if we value the independence of the courts and access to them as constitutional goods, it's hard not to be uneasy that the boundaries between executive and judicial responsibility are often not directly confronted," she said.

"It is not always easy to appreciate that proposals which seem quite innocent or efficient or pragmatic may trample on basic principle," she said.

This is not the first time the Chief Justice has spoken out. Earlier this year she floated the idea of releasing prisoners early to relieve overcrowding, and suggested punitive sentencing was often not the best option for reform.

At that time Justice Minister, Simon Power, criticised her for speaking publicly on policy matters. "It is the judiciary's job to apply the law as set by Parliament," he said. "This Government was elected on this sentencing policy. Judges are appointed to apply it."

Co-leader of the Maori Party, Dr Pita Sharples, has welcomed the fresh thinking articulated by the Chief Justice of New Zealand, in her speech.

"I would recommend her speech to all New Zealanders, as a thoughtful account of the 'fundamentals' required in a constitutional conversation," he said.

Commentator Andrea Vance says the aim of the reforms is "to free up thousands of court sitting hours and save about $25 million over five years."

The reforms had an almost 10-year journey, beginning with a Law Commission report in 2001, a further two reports, 16 discussion papers, the drafting of a bill, and more consultation with the judiciary and lawyers.

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