Ministry of Justice (New Zealand)

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Ministry of Justice
Tāhū o te Ture
Ministry overview
Formed1872; 152 years ago (1872)
JurisdictionNew Zealand Government
HeadquartersJustice Centre, 19 Aitken St, Wellington, New Zealand
EmployeesMore than 4,000 [1]
Ministers responsible
Ministry executive
  • Andrew Kibblewhite, Secretary for Justice and Chief Executive
Websitewww.justice.govt.nz

The Ministry of Justice (Māori: Te Tāhū o te Ture) is an executive department of the New Zealand Government, responsible for supporting the judiciary and the administration of justice within New Zealand. It develops justice policy and provides advice to ministers, Cabinet, and other justice sector agencies.[2] Additionally, due to its geographical proximity, New Zealand's Ministry of Justice might also oversee the administration of justice in Tokelau (New Zealand territory) and the Pitcairn Islands (even though it is a British Overseas Territory).[3][4]. The Ministry of Justice is the only public sector agency to work across all three branches of government (executive, legislature and independent judiciary).[5]

Leadership and staff[edit]

The Ministry of Justice over 4000 staff members in over 100 different locations across New Zealand.[1] The Ministry of Justice leads all other organisations within the justice sector; Oranga Tamariki (ministry for Children), New Zealand Police, the Department of Corections, the Crown Law Office and the Serious Fraud Office.[2] This means a wide range of people in a wide range of professions must work closely together. These people include lawyers, policy makers and Ministers. These individuals' roles include creating government policies, researching and advising, dealing with case legislation and engaging in daily operations that keep the justice sector running.[2] Other significant staffing areas include court security and ICT workers.

The Justice Sector Leadership Board[edit]

The Justice Sector Leadership Board was established in 2011 and is made up of leaders from six core justice sector agencies. These leaders include the police commissioner and the Secretary for Justice. Their purpose is to lead the justice sector and improve interagency collaboration to deliver improved services for New Zealand. They work closely on budgets for the justice sector and aim to lead respective agencies with a "united purpose".[3] By ensuring that the agencies have the same goals and can work cohesively together they hope to improve services for victims, streamline services and increase efficiency of the sector as a whole. They administer the court system, the legal aid system and the Public Defence Service. The Ministry also provides policy advice to the Minister of Justice, assists with the negotiation of Treaty of Waitangi claims and the running of parliamentary elections.[4]  

Strategic Leadership Team[edit]

The Strategic Leadership Team is a six-member Strategic Leadership Team led by Andrew Kibblewhite, Secretary for Justice and Chief Executive.[5] Their key role is to modernise and streamline the Ministry of Justice to ensure they can provide better services in a more timely matter. Members of this group are the Secretary for Justice, Andrew Kibblewhite, the COO, Carl Crafar and Deputy Secretaries Kelvin Watson, Rajesh Chhana, Victoria McLaghlin and Markus Akuhata-Brown.[6] In 2016 they brought in Carl Crafar to lead the Operations and Service Delivery group with the intention of providing one view for providing for and interacting with New Zealand's public.[6] A key way they are going about this is by improving their digital access and service through extensive ICT developments.[2]

Functions[edit]

Policy development[edit]

The Ministry of Justice in New Zealand operates through a variety of specialised policy teams dedicated to providing comprehensive legal advice to the Government. These teams conduct thorough research and perform evaluations of policies concerning civil, criminal, and constitutional law. They are also involved in addressing complex issues related Treaty of Waitangi negotiations.[6]

In addition to their research and advisory roles, these teams are responsible for facilitating public consultation processes when new justice-related legislation is being considered. [7] This ensures that the perspectives and concerns of New Zealand citizens are incorporated into the legislative process, promoting transparency and public involvement.

The Ministry of Justice works alongside the New Zealand Law Commission, which also offers advice on legal and justice issues. The Law Commission is an independent entity, enabling it to provide impartial recommendations.[8] Conversely, the Ministry of Justice, while offering advice to the Minister of Justice, is tasked with the implementation and administration of government policies and legislation as directed by the prevailing government. [9]

Key Initiatives[edit]

The Ministry of Justice has launched several pivotal initiatives aimed at enhancing the justice system in New Zealand. These initiatives encompass a broad spectrum of reforms and programs designed to address specific needs within the community and improve overall access to justice. Some of the key initiatives include:

→ Alcohol and Other Drug Treatment Court (AODTC): This court specialises in addressing the root causes of criminal behaviour related to substance abuse. By providing targeted treatment and support, the AODTC has successfully reduced reoffending rates among graduates by 86%.[10]

→ Te Ao Mārama: This strategy aims to create a more inclusive and accessible justice system by integrating community agencies into local court processes. Te Ao Mārama focuses on improving the court experience for all participants, particularly Māori, by incorporating cultural understanding and community support directly into the judicial process. [11]

→ Family Violence and Sexual Violence Work Programme: Addressing family and sexual violence is a major priority for the Ministry. This comprehensive programme includes prevention strategies, early intervention efforts, and extensive support services for victims. By collaborating with both governmental and non-governmental organisations, the programme aims to provide a coordinated and effective response to these pervasive issues. [12]

→ Restorative Justice Programs: These programs facilitate meetings between victims and offenders to discuss the impact of the crime and find ways to make amends. Restorative justice aims to provide healing for victims and accountability for offenders, promoting reconciliation and reducing the likelihood of reoffending.[13]

→ Youth Justice Reform: Recognising the unique needs of young offenders, the Ministry is implementing reforms focused on rehabilitation and education. [14] The goal is to provide young people with the support and resources they need to reintegrate into society successfully, thereby reducing recidivism and promoting positive outcomes.

→ Digital Justice Services: Embracing technological advancements, the Ministry is enhancing access to justice through digital platforms. This includes online filing of legal documents, virtual court hearings, and readily accessible legal information. [15] These digital services aim to make the justice system more efficient and accessible, especially for those in remote areas.

→ Strengthening the Court System: The Ministry is continuously working to improve the efficiency and effectiveness of the court system. This includes initiatives to reduce case backlogs, enhance court infrastructure, and provide better support services for court users, including victims and witnesses. [16]

→ Community Law Services: The Ministry supports a network of community law centres that provide free legal advice and assistance to individuals who might not otherwise be able to afford legal services. [17]

These initiatives reflect the Ministry of Justice's dedication to fostering a justice system that is fair, responsive, and accessible to all citizens, while addressing the unique challenges faced by different communities within New Zealand.

Providing support to judiciary[edit]

The Ministry ensures that judges are provided with administrative and technological support, as well as administering funding for judicial training and development. The Ministry has a difficult role in that it supports both the executive and the judicial arms of government. However, it co-operates with the judiciary to ensure that its constitutional independence from Government is maintained.[2]

Operational services[edit]

The Ministry's official website states: "The Ministry provides administration, case management and support services to the Supreme Court, Court of Appeal, High Court, District Court, special jurisdictions, and a range of tribunals and authorities in 103 locations around New Zealand". It also provides

"registry services, claims administration, research services, hearings management, judicial support and report-writing services for the Waitangi Tribunal. The Ministry negotiates for the settlement of historical claims arising from the Treaty of Waitangi, and manages land for use in settlements".[2]

Services provided by the Ministry include the administration of legal aid, the Public Defence Service, information about domestic violence and protection orders, separation and divorce, jury service, enforcing civil debt, and how to access wills and other records. The Ministry also provides advice to the Minister of Justice on miscarriages of justice, including the exercise of the royal prerogative of mercy and compensation for wrongful conviction and imprisonment.[18]

Sector leadership[edit]

The Ministry also provides leadership for the justice sector as a whole. As such it works with the New Zealand Police, the Department of Corrections and the Ministry of Social Development, the Law Commission and a number of other Crown entities.[19] In 2011, a Sector Leadership Board was established chaired by the Secretary for Justice and responsible for improving the performance of these agencies involved in the criminal justice system.[20]

Justice sector costs[edit]

The Ministry's departmental expenditure for 2012/13 was $566 million and the non-departmental expenditure was $1,079 million. The Ministry's expenditure rose to $582 million in the year to 30 June 2017.[21] Departmental expenditure is directly controlled by the Ministry and includes the cost of administering the courts and tribunals, the Legal Aid system, the Public Defence Service, collecting court fines and providing policy advice. Non-departmental costs are administered but not under direct control by the Ministry. They include Treaty of Waitangi Treaty Settlements, Judges' salaries and Legal Aid Payments.[22] However the justice sector as a whole, including police and Corrections, has an operating budget of $3.8 billion a year and employs around 22,000 people. Over the next five years an additional $1.8 billion will be spent on new capital.[23] Around 80% of Justice sector expenditure is spent on criminal justice.[24]

Current ministers[edit]

See also: Minister of Justice (New Zealand)

The Ministry serves 5 portfolios and 4 ministers.[25][26]

OFFICEHOLDER PORTFOLIO(S) OTHER RESPONSIBILITY(IES)
Hon Paul Goldsmith Lead Minister (Ministry of Justice)
Minister of Justice
Minister for Treaty of Waitangi Negotiations
Hon Nicole McKee Minister for Courts Associate Minister of Justice (Firearms)
Hon Tama Potaka Minister for Māori-Crown Relations
Hon Karen Chhour Minister for the Prevention of Family and Sexual Violence
Hon David Seymour Associate Minister of Justice (Treaty Principles Bill)

See also[edit]

References[edit]

  1. ^ "About Us". Retrieved 19 April 2024.
  2. ^ a b c "What we do". About the Ministry. Ministry of Justice.
  3. ^ Rishworth, Paul. "PITCAIRN, HENDERSON, DUCIE AND OENO ISLANDS: COUNTRY REPORT FOR PILON 2012" (PDF). Pacific Islands Legal Information Institute. Retrieved 13 August 2018.
  4. ^ Aust, Anthony (1 April 2010). Handbook of International Law. Cambridge University Press. ISBN 9781139485784.
  5. ^ "About us | New Zealand Ministry of Justice". www.justice.govt.nz. Retrieved 19 May 2024.
  6. ^ New Zealand Ministry of Justice. (2024, February 27). About us | New Zealand Ministry of Justice. Retrieved from https://www.justice.govt.nz/about/about-us/
  7. ^ New Zealand Ministry of Justice. (n.d.). Have your say | New Zealand Ministry of Justice. Retrieved from https://www.justice.govt.nz/justice-sector-policy/have-your-say/
  8. ^ Law Commission Act 1985 No 151 (as at 07 August 2020), Public Act 5 Functions – New Zealand Legislation. (2020, September 11). https://www.legislation.govt.nz/act/public/1985/0151/latest/DLM87301.html
  9. ^ New Zealand Ministry of Justice. (2020, August 27). Who makes & applies the law | New Zealand Ministry of Justice. Retrieved from https://www.justice.govt.nz/about/learn-about-the-justice-system/how-the-justice-system-works/who-makes-and-applies-the-law/
  10. ^ New Zealand Ministry of Justice. (2019, June). Alcohol and Other Drug Treatment Court quantitative outcomes evaluation 2018–19, p.44. In New Zealand Ministry of Justice. Retrieved from https://www.justice.govt.nz/assets/AODTC-Quantitative-Outcomes-Evaluation-June-2019.pdf
  11. ^ New Zealand Ministry of Justice. (2024, April 15). Te Ao Mārama — Enhancing Justice for All | New Zealand Ministry of Justice. Retrieved from https://www.justice.govt.nz/justice-sector-policy/key-initiatives/te-ao-marama/
  12. ^ 7. New Zealand Ministry of Justice. (2020, December 22). Family violence & sexual violence work programme | New Zealand Ministry of Justice. Retrieved from https://www.justice.govt.nz/justice-sector-policy/key-initiatives/addressing-family-violence-and-sexual-violence/work-programme/
  13. ^ Manaaki Tāngata Victim Support. (n.d.). The justice system. Retrieved from https://www.victimsupport.org.nz/practical-information/understanding-justice-system#restorative-justice
  14. ^ New Zealand Ministry of Justice. (n.d.). Youth Crime Action Plan | New Zealand Ministry of Justice. Retrieved from https://www.justice.govt.nz/justice-sector-policy/key-initiatives/cross-government/youth-crime-action-plan/
  15. ^ Chief Justice of New Zealand. (2023, March 29). Digital Strategy for Courts and Tribunals of Aotearoa New Zealand. In Ngā Kōti O Aotearoa the Courts of New Zealand, pp. 22-32. Retrieved from https://www.courtsofnz.govt.nz/assets/7-Publications/2-Reports/20230329-Digital-Strategy-Report.pdf
  16. ^ New Zealand Ministry of Justice. (2024, February 27). Our Strategy 2023 - 2027 | New Zealand Ministry of Justice. Retrieved from https://www.justice.govt.nz/about/about-us/our-strategy/
  17. ^ 12. New Zealand Ministry of Justice. (2024, April 19). Free community legal help | New Zealand Ministry of Justice. Retrieved from https://www.justice.govt.nz/courts/going-to-court/legal-aid/legal-help/free-community-legal-help/
  18. ^ "Miscarriages of Justice". Services. Ministry of Justice.
  19. ^ "Who we work with". About the Ministry. Ministry of Justice.
  20. ^ "About the justice sector". Justice Sector. Ministry of Justice.
  21. ^ "Annual Report 2016/2017" (PDF). Ministry of Justice. 28 September 2017.
  22. ^ "Ministry of Justice Annual Report 1 July 2012–30 June 2013".
  23. ^ Court streamlining under way, NZ Herald 30 December 2012
  24. ^ Formal Review of the Ministry of Justice State Services Commission, the Treasury, and the Department of the Prime Minister and Cabinet, Wellington, July 2012, p 3.
  25. ^ "Ministerial List". DPMC. Retrieved 21 June 2022.
  26. ^ "Justice Ministers". Ministry of Justice. Retrieved 21 June 2022.

External links[edit]

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