Smith Murray: Debate on Prime Minister’s Statement 
Smith Murray: Debate on Prime Minister’s Statement 
[Volume:623;Page:18296] 
MURRAY SMITH (United Future) 
: 
 Over the last 15 to 20 years successive Governments have reformed almost every aspect of our society particularly the economy. We have moved from a controlled economy to a market economy. The European Community’s emergence and Britain’s involvement in the European Economic Community caused us to expand markets and expand our export produce. In welfare the massive costs of the welfare State have required a reformation of our approach to focus on getting people off benefits and into work. That of course is the current debate we are having. In health huge reforms in how to deliver have come from changes in our approach to health as medical science has developed. In all these things we have been moving into the 21st century and making the changes necessary for us to do that. 
In comparison there is one area we have not touched. Indeed we are still in the 19th century when it comes to this area and there is a desperate need for fundamental reform because it is failing to meet the basic needs of 21st century New Zealanders. I refer to the justice system which is inaccessible to most New Zealanders unaffordable for most New Zealanders and delivers unjust results because it is based on a flawed approach. 
The Law Commission in issuing a paper last year entitled  
Delivering Justice for All: A Vision for New Zealand Courts and Tribunals 
 reflected these sentiments: “The core lesson we have learned from the people who offered their views in the course of this review is that the court system has to do better in winning and retaining the confidence of New Zealanders from all our many communities. … If people cease to see courts as relevant effective and accessible they are less likely to believe that the rule of law means everyone is entitled to the benefit and protection of the law including them and people like them. They are less likely to believe that courts will fairly and impartially resolve disputes between citizens and the state.” The commission went on: “It is clear that cohesion or coherence have not featured in the creation of our existing arrangements for courts and tribunals. Reform of the law often proceeds without regard to the downstream effects on the overall structure of the courts.” When reporting what people had told the commission about the court system it said: “The responses which came from all sectors were that courts too often exclude people rather than provide an environment in which they can comfortably and naturally seek redress or assistance.” 
The commission repeated and furthered those statements in its report for the year ended 30 June 2004. At page 4 of that report it said: “… if it is important to us as a nation to turn the rhetoric of an accessible and fair justice system into reality we cannot maintain the current framework and approach.” 
The Government’s response so far has been woefully inadequate. It has rejected more than it has agreed upon and it has basically ignored the urgency and seriousness of the situation. The Prime Minister’s statement reinforced that position. Mind you we do have a Minister of Justice who has no legal training let alone courtroom experience. Like most New Zealanders he simply does not understand how the system works and is therefore unwilling to consider any substantive changes. That is not to criticise him for his lack of knowledge and experience; it is simply the reality. Labour does not have anyone else who has the knowledge and ability adequately and confidently to tackle the problems. 
On the other hand the National Party does have MPs with courtroom experience but they are captured by the entrenched old boy network of lawyers and judges who are very comfortable in having a justice system that they alone understand and that through its mystique ensures they will always be needed to interpret it for the common man. No other party in this House has even addressed the issue or it appears has any inclination to do so. 
United Future is prepared to take a radical look at our justice system to ensure that it is affordable accessible and delivers the best results possible. We will deliver a court system that New Zealanders can understand. We will deliver a court system that New Zealanders genuinely believe is affordable accessible fair and delivers justice and we will deliver a court system that New Zealanders genuinely consider that they own and are proud to own. United Future is the party concerned for the average New Zealander for families for the community and for the future of our society. New Zealand’s antiquated approach to our justice system does not deliver for those people and over the next few months we will be announcing policy to change it so that it does.