Wilson Margaret: Third Readings 
Wilson Margaret: Third Readings 
[Volume:617;Page:12934] 
Hon MARGARET WILSON (Associate Minister of Justice) 
: 
 I move  
That the Judicial Conduct Commissioner and Judicial Conduct Panel Bill the Children Young Persons and Their Families Amendment Bill (No 3) the Coroners Amendment Bill (No 2) the Courts Martial Appeals Amendment Bill (No 2) the District Courts Amendment Bill (No 3) the Employment Relations Amendment Bill the Family Courts Amendment Bill the Judicature Amendment Bill (No 2) the Resource Management Amendment Bill (No 3) the Summary Proceedings Amendment Bill (No 2) and the Te Ture Whenua Maori Amendment Bill be now read a third time. 
The provisions contained in what was formerly the Judicial Matters Bill will maintain and enhance public confidence in the judiciary and recognise the fundamental importance in a democracy of ensuring an independent judiciary and of addressing judicial resources. By enacting this legislation we are confirming New Zealand’s commitment to the United Nations’ Basic Principles on the Independence of the Judiciary. The United Nations endorsed the basic principles in 1985 to help member States in their task of securing and promoting the independence of the judiciary. The principles confirm that judicial independence is the cornerstone of civil and political rights such as the right to a fair trial before a competent independent and impartial tribunal established by law. It is the duty of Governments to respect and observe that independence. 
As required by article 17 the legislation establishes an appropriate procedure for the receipt and processing of complaints about judges and for investigation of serious matters of conduct. From time to time there have been questions about the process for handling complaints about judges. The Judicial Conduct Commissioner will ensure complaints are processed expeditiously and fairly under a process that has due regard for judicial independence. 
We have always been well served by our judiciary which is highly respected both domestically and internationally. We have never removed a judge from office in New Zealand but refusing to provide for that possibility invites disaster. The alternative is to establish a process in the face of a crisis risking both public confidence and judicial independence. The provision for the appointment of a Judicial Conduct Panel ensures proper investigation of serious allegations and avoids those risks. The requirement for investigation by a Judicial Conduct Panel supports Parliament’s role in the removal of judges. Natural justice requires a proper investigation and determination of the facts before a judge can be removed. The Judicial Conduct Panel will have responsibility for that investigation ensuring Parliament has a proper basis for its decision about removal. 
The next step is the establishment of the office of the Judicial Conduct Commissioner which will now begin. The commissioner will be appointed by the Governor-General on the recommendation of this House. The Judicial Conduct Commissioner must be a person whose impartiality and integrity are beyond question and in whom the public and the judiciary have confidence. As Attorney-General I am required to consult with the Chief Justice on the appointment of the commissioner and to report to this House the outcome of that consultation. 
Security of tenure is also a cornerstone of protecting judicial independence. This legislation provides Masters of the High Court who will now be known as Associate Justices of the High Court with the same rights of permanent tenure as other judges. In accordance with article 16 of the basic principles the legislation provides an absolute immunity from suit to be extended to all judges. Judicial immunity promotes independence by allowing the fearless performance of the judicial function. It also helps in achieving finality in litigation. 
The Basic Principles on the Independence of the Judiciary confirm the duty of each State to provide adequate resources to enable the judiciary properly to perform its functions. This legislation addresses judicial resources by increasing the maximum number of District Court and High Court judges providing for retired community magistrates to be appointed as temporary community magistrates and increasing flexibility by enabling judges to work part-time. The new 8-year term for the Principal Family Court Judge and the Principal Youth Court Judge enhances resources by encouraging continuous vigour and innovation in the role. As a result there will be a broader pool of District Court judges with leadership experience from which the Chief District Court Judge may be selected. 
I note some members of this House and submitters thought the legislation should address the appointment of judges. I have now released a paper on the judicial appointments process to provide an opportunity for wider discussion on this issue. As I have said before New Zealand has been well served by judges who have integrity and ability. However from time to time commentators have asked whether the appointments process can be improved possibly by the establishment of a judicial appointments commission to identify and recommend suitable candidates for judicial office. I again encourage all New Zealanders with an interest in this subject to make their views known to the Ministry of Justice. 
With the passage of this legislation New Zealanders can be confident that complaints about judges will be heard and that a robust fair process for deciding whether to remove a judge from office will be available if the need arises. The other provisions of the legislation contribute to the proper administration of justice by safeguarding judicial independence and enhancing judicial resources. I commend this legislation to the House.