NZBA calls for government action against ministers slamming judges

The New Zealand Bar Association | Ngā Ahorangi Motuhake o te Ture has called for the government to act over public comments and statements made by ministers that slam judges.

The statement was a response to a recent uptick in such statements, which Bar Association President Maria Dew KC said “go much further than criticisms or discussion of judgements”.

Dew said that such comments couldn’t be handwaved by politicians as just “political rhetoric”.

“The judiciary in New Zealand can be an easy target. Judges cannot speak in defence of themselves or their judgments. The careful separation and balance of powers between our courts, government and politicians means ministers must not engage in any personal criticism of judges or the leadership of the courts. Just as the courts and judges, remain outside of politics”, she explained.

Dew pointed to global examples of the judiciary in other countries receiving political criticism, highlighting the “clear” risk of the judiciary becoming politicised.

“We do not want to follow other examples overseas where there has been a loss of independence in the courts”, she said.  

Dew acknowledged that judicial decisions can be challenged and debated, reflecting interest in the legal system and displaying democracy. However, “the way politicians and other leaders in the community talk about the judiciary is important”.

“It is fundamental for our democracy that judges are not the subject of personal attack or criticism by ministers that may risk judges being restricted in their role. Judges must be capable of being able to freely play their independent constitutional role in Aotearoa New Zealand”, she said. “The legal profession has a statutory obligation to promote the rule of law, and this involves speaking in defence of the judiciary and our legal system, where needed. We consider this is one of those occasions”.

Dew confirmed that the Bar Association wrote to Attorney-General Judith Collins on the matter yesterday.

“Ministers of the Crown owe duties to uphold the role of judges. Barristers in New Zealand are concerned about this. We recognise it is not healthy for our institutions”, she said.

Last year, Dew also spoke out on a similar matter when media reports spotlighted comments made by ministers on judicial decisions.