Access to justice barriers and poor legislative and policy making processes were two major threats
The New Zealand Law Society | Te Kāhui Ture o Aotearoa has released a watershed report that has cautioned against the rule of law being eroded.
The Strengthening the rule of law in Aotearoa New Zealand report indicated that significant and urgent threats included access to justice barriers, poor legislative and policy making processes, and sustenance of the judicial system's independence.
"Predominantly, what we heard focused on unequal access to justice and concern at an increased failure to follow good lawmaking processes. Issues with access to fair justice processes were particularly prevalent in the conversations. The barriers vary, including unaffordability of legal services, underfunded legal aid and duty lawyer schemes, and delays in courts and tribunals", Law Society President Frazer Barton said.
The unforeseen impacts of automated decision-making (ADM) systems were another major threat, especially in relation to the lack of human oversight or transparency in the ADM systems being used by the government.
"While ADM can improve efficiency, without safeguards, it could be undermining fairness, accountability, and the ability to challenge decisions— which are core tenets of the rule of law", Barton said.
Moreover, accelerated legislative processes have restricted public consultation and select committee review through the use of urgency and Amendment Papers.
"The Law Society warns that without deliberate action and adequate investment public confidence in the justice system, and the principle that all are equal before the law, will continue to erode. While New Zealand remains a strong democracy, we are not immune to the pressures and challenges that have weakened civic and democratic institutions elsewhere", Barton warned.
The report presented 78 recommendations for the government, the Law Society, and lawyers to address systemic issues. Suggested initiatives included more legal services funding, legislative process reforms, better public legal educations, and improved ADM use safeguards.
"The Law Society calls for bipartisan support to uphold principles of good lawmaking and post-legislative scrutiny. This is an issue for all governments", Barton said.
The Strengthening the rule of law in Aotearoa New Zealand report collated feedback from lawyers, academics and stakeholders across New Zealand.
