Judith Collins discussed the roles played by lawyers, the judiciary and the executive
Attorney-General Judith Collins KC highlighted the upholding of the rule of law in New Zealand in her recent speech to the Law Association.
She pointed to the country's ranking of sixth overall in the World Justice Project's 2024 Rule of Law Index.
"This commitment to the rule of law helps maintain our international rankings as a country with low corruption rates. This reputation is important for New Zealand’s economic growth and prosperity as a nation", Collins said. "Those living, working, and investing here know that we have a sound and accessible justice system and that success doesn't require bribes behind the scenes".
She emphasised the country's reputation as one that offered fair access to independent courts, as evidenced by its ranking of fourth in the 2024 Corruptions Perceptions Index. Only Denmark, Finland and Singapore outranked New Zealand.
"This is a great place to sit in the rankings, but we still have room for improvement. While our position is steady in the top five, our Corruption Perceptions score has fallen from a high of 91 in 2013-15 to 83 last year", Collins said.
She pointed out that as per the 2024 OECD Survey on Drivers of Trust in Public Institutions, just 42% of New Zealanders believed that public employees would reject bribes to accelerate service access.
"Even in the Rule of Law Index, there are factors such as order and security where we drop outside the top 10", Collins said.
She highlighted the government's efforts to improve in this area, with Minister Mark Mitchell joining the Serious Fraud Office at the launch of its national anti-foreign bribery campaign, which debuted an online platform to facilitate safe, anonymous suspected freign bribery reports.
Collins also noted that according to the 2023 General Social Survey, New Zealanders' trust in Parliament, media and the courts fell compared to 2021.
"We cannot be so naïve as to think that this loss of trust has occurred entirely by accident. There will always be those that see opportunities in destabilising norms. However, it is not just “bad“ actors who undermine our institutions. Misunderstandings of the constitutional settings can also impact how our respective institutions are seen and perceived", she said.
Collins pointed out that conflicts between the judiciary and the executive impacted public confidence.
"When the public see judges and politicians criticising each other, confidence in both groups can be lost, and this can affect the strength of our institutional domains. When your clients see the judiciary and executive seemingly at odds, how can they feel confident about the experience they will have with our legal system?" she asked.
Collins also touched on the country's constitutional arrangements and comity.
"Comity requires each branch to act with mutual restraint and respect towards the others. This principle allows them to respond in a way that reinforces, rather than undermines, the other branches’ legitimacy. It helps us ensure that we remain on the right side of our respective constitutional lines", she said. "If the delicate balance that keeps the executive, Parliament and the judiciary operating well together is disturbed, it is extremely difficult to restore. This balance helps us be strong, both individually and collectively as the institutions of government, so it is crucial we do our best to preserve it."
Collins explained that as a senior law officer, she was focused on the separation of powers.
"What is the nature of that separation? How has it changed and how might it change in the future? How do we ensure that separate does not mean siloed, disconnected or in conflict, and that independence does not mean isolated?" she asked.
Collins said that those developing the policy that underpins New Zealand laws must ensure that legislation is "precise, clear, and not open to significant debate about its meaning".
"'The Courts will sort that out' should not be a default position for a parliamentary lawmaker. We will play our part. Independent, fair and efficient courts are an important cornerstone of our democracy and the rule of law, and courts are a key underpinning of social stability", she said. "The courts do justice according to law, on the basis of clear, certain and determinate frameworks of legal principle. That sort of stability is not only essential to the rule of law and maintaining confidence in our legal system, but also facilitates government under law and economic growth".
Collins emphasised the independence of the New Zealand judiciary.
"They should hold us to account. New Zealand is not best served by courts that rubber stamp decisions. However, the judiciary also cannot usurp the functions of the executive and the legislature. That undermines the system for everyone", she explained. "While our common law method, of course, enables judicial development of the law that is to be done carefully, incrementally and being alert to the need to preserve certainty, stability and coherence of the law. We all need to respect the roles each branch of government plays even when – in fact, especially when – it is inconvenient to do so".
Collins' speech was made at the Breakfast with the Attorney-General Hon Judith Collins KC event held by the Law Association in Auckland on 27 May.
