About the Judiciary

The New Zealand system of Government is based on the Westminster model. Its fundamental tenet is that of the "separation of powers": that is the Legislature, the Executive and the Judiciary must be kept separate from each other to provide checks and balances within the system and ensure that accountability and impartiality are maintained.

Independence of Judiciary and Executive

In New Zealand the courts function is based on the constitutional principle that the judicial decision makers, the Judiciary, are independent of the policy makers, the Executive and Parliament (n.b. officials are part of the Executive). Judges make decisions by interpreting the laws which are passed by Parliament. Parliament passes laws that represent policy decisions which reflect the intention or interests of the citizens collectively. Hence the laws, once passed, are to be enforced as the formal expression of society's standards.

Should a series of judicial decisions manifest an interpretation of legislation which the Executive considers does not reflect the intention of the policy, the Executive may initiate changing the legislation but may not direct or request a judicial officer to revise or reconsider a decision.

Similarly, the judges who interpret the law, do not create or determine the policies. Judicial officers are expected not to publicly comment on whether a policy is "good" or "bad", or to have a view on what policy should be amended, or written into legislation. Judicial representatives may issue guidelines or standards to facilitate consistent interpretation of legislation, but these do not include a judgement on the appropriateness of the underlying policy unless it is to hold the policy unlawful. It should be noted that each judge holds his or her authority as an individual, and even the consistent interpretation of the law is by professional agreement only, for example based on precedent, although inferior Courts are bound to follow the rulings of Higher Courts.

Moreover, should there be a dispute between the Executive and Judiciary, the Executive has no authority to direct the Judiciary, or its individual members, who are appointed by the Crown, and accountable to their oath of office and through the appeal process.

Indeed, even the Chief Justice cannot direct individual members of the judiciary in respect to their decisions.

The Interface between the Judiciary and the Executive

The Ministry of Justice is unique in the New Zealand public sector in that as part of the Executive, it provides services to the independent arm of Government, the Judiciary. Administration of the court system requires that the Judiciary and the Executive actively work together, whilst at the same time ensuring that the separation of powers between the branches of Government is upheld.

Judicial decision making is a process that is supported by funding appropriated, or provided for in permanent legislative authority, for that purpose by Parliament. Administration of funding is provided by the Ministry of Justice.