Ministry of Justice (New Zealand)

The Ministry of Justice (Te Tāhū o te Ture) is an executive department of the New Zealand Government, responsible for supporting the judiciary and the administration of justice within New Zealand. It develops justice policy and provides advice to ministers, Cabinet, and other justice sector agencies. Its main functions are to help reduce crime and build safer communities; increase trust in the justice system; and maintain the integrity of New Zealand's constitutional arrangements.

The Ministry also administers the court system, the legal aid system and the Public Defence Service; it provides policy advice to the Minister of Justice; assists with the negotiation of Treaty of Waitangi claims; and the running of parliamentary elections.

Leadership and staff
The Ministry of Justice over 4000 staff members in over 100 different locations across New Zealand. The Ministry of Justice leads other agencies within the justice sector. It employs individuals from a wide range of professions including lawyers, policy analysts and others. Their responsibilities include conducting research and providing advice on justice related policies, dealing with case legislation and engaging in daily operations that keep the justice sector running. Other significant staffing areas include court security and ICT workers.

The Justice Sector Leadership Board
The Justice Sector Leadership Board was established in 2011 and is made up of leaders from six core justice sector agencies: Oranga Tamariki (Ministry for Children), New Zealand Police, the Department of Corrections, the Crown Law Office and the Serious Fraud Office. The purpose of the Leadership Board is to lead the justice sector and improve interagency collaboration to deliver improved services for New Zealand. They work closely on budgets for the justice sector and aim to lead respective agencies with a "united purpose". By ensuring that the agencies have the same goals and can work cohesively together they hope to improve services for victims, streamline services and increase efficiency of the sector as a whole.

Strategic Leadership Team
The Strategic Leadership Team is a six-member Strategic Leadership Team led by Andrew Kibblewhite, Secretary for Justice and Chief Executive. Their key role is to modernise and streamline the Ministry of Justice to ensure they can provide better services in a more timely matter. Members of this group are the Secretary for Justice, Andrew Kibblewhite, the COO, Carl Crafar and Deputy Secretaries Kelvin Watson, Rajesh Chhana, Victoria McLaghlin and Markus Akuhata-Brown. In 2016 they brought in Carl Crafar to lead the Operations and Service Delivery group with the intention of providing one view for providing for and interacting with New Zealand's public. A key way they are going about this is by improving their digital access and service through extensive ICT developments.

Policy development
The Ministry of Justice in New Zealand operates through a variety of specialised policy teams dedicated to providing comprehensive legal advice to the Government. These teams conduct thorough research and perform evaluations of policies concerning civil, criminal, and constitutional law. They are also involved in addressing complex issues related Treaty of Waitangi negotiations.

In addition to their research and advisory roles, these teams are responsible for facilitating public consultation processes when new justice-related legislation is being considered. This ensures that the perspectives and concerns of New Zealand citizens are incorporated into the legislative process, promoting transparency and public involvement.

The Ministry of Justice works alongside the New Zealand Law Commission, which also offers advice on legal and justice issues. The Law Commission is an independent entity, enabling it to provide impartial recommendations. Conversely, the Ministry of Justice, while offering advice to the Minister of Justice, is tasked with the implementation and administration of government policies and legislation as directed by the prevailing government.

Key Initiatives
The Ministry of Justice has launched several pivotal initiatives aimed at enhancing the justice system in New Zealand. These initiatives encompass a broad spectrum of reforms and programs designed to address specific needs within the community and improve overall access to justice. Some of the key initiatives include:

→ Alcohol and Other Drug Treatment Court (AODTC): This court is only available in Auckland, Waitemata and Hamilton. It specialises in addressing the root causes of criminal behaviour related to substance abuse. By providing targeted treatment and support, the AODTC has successfully reduced reoffending rates among graduates by 86%. Despite its effectiveness, the Government has no plans to roll it out to other districts.

→ Te Ao Mārama: This strategy aims to create a more inclusive and accessible justice system by integrating community agencies into local court processes. Te Ao Mārama focuses on improving the court experience for all participants, particularly Māori, by incorporating cultural understanding and community support directly into the judicial process. Reducing reoffending is not one of its stated objectives.

→ Family Violence and Sexual Violence Work Programme: Addressing family and sexual violence is a major priority for the Ministry. This comprehensive programme includes prevention strategies, early intervention efforts, and extensive support services for victims. By collaborating with both governmental and non-governmental organisations, the programme aims to provide a coordinated and effective response to these pervasive issues.

→ Restorative Justice Programs: These programs facilitate meetings between victims and offenders to discuss the impact of the crime and find ways to make amends. Restorative justice aims to provide healing for victims and accountability for offenders, promoting reconciliation and reducing the likelihood of reoffending.

→ Youth Justice Reform: Recognising the unique needs of young offenders, the Ministry is implementing reforms focused on rehabilitation and education. The goal is to provide young people with the support and resources they need to reintegrate into society successfully, thereby reducing recidivism and promoting positive outcomes.

→ Digital Justice Services: Embracing technological advancements, the Ministry is enhancing access to justice through digital platforms. This includes online filing of legal documents, virtual court hearings, and readily accessible legal information. These digital services aim to make the justice system more efficient and accessible, especially for those in remote areas.

→ Strengthening the Court System: The Ministry is continuously working to improve the efficiency and effectiveness of the court system. This includes initiatives to reduce case backlogs, enhance court infrastructure, and provide better support services for court users, including victims and witnesses.

→ Community Law Services: The Ministry supports a network of community law centres that provide free legal advice and assistance to individuals who might not otherwise be able to afford legal services.

These initiatives reflect the Ministry of Justice's dedication to fostering a justice system that is fair, responsive, and accessible to all citizens, while addressing the unique challenges faced by different communities within New Zealand.

Providing support to judiciary
The Ministry, uniquely in New Zealand's public sector, is the only agency which works across all three arms of government, aiding the independent judiciary in addition to the executive and legislative branches. This assistance includes aiding the delivery of court services for most of New Zealand's known courts: the Supreme Court, Court of Appeal, High Court, the 58 District Courts, the Coroners Court, Environment Court, Employment Court, and Maori Land Court.

This aid to the independent judiciary includes provision of administrative, technology, and HR support, in addition to training and development. The Ministry also receives input into its operations from the judiciary, such as advice on service design. For initiatives such as ensuring the proper and just use of technology within the judiciary, the Ministry of Justice plays a vital role in supporting the judiciary's efforts. For such initiatives, the judiciary routinely engages in dialogue with the Ministry of Justice as they do with key stakeholder groups.

Judicial Conduct Panels
As part of its aid to the judiciary, the Ministry operates Judicial Conduct Panels. A Judicial Conduct Panel may be established at the recommendation of the Judicial Conduct Commissioner to the Attorney-General after an initial investigation, after which the Panel's task is to further inquire into the Judge's conduct. The Panel is given the same powers as a Commission of Inquiry.

Two Panel members are Judges or retired Judges (although one can be a senior lawyer) while the third is neither Judge nor lawyer. The Attorney-General then presents the case against the Judge, similar in some ways to a court case – the Judge being complained about can appear at the hearing with lawyer representation, as can others. The Panel hearing can also be held with similar levels of confidentiality to court cases. After the hearing, the Panel reports to the Attorney-General on its fact findings and opinion of whether the Judge's removal is justified.

Official Information Act Requests
New Zealand's Official Information Act, intended to provide New Zealand citizens with access to information to improve their civic participation and ability to hold government accountable, requires the Ministry to provide any desired official information to citizens on request. This includes specified official information held by the Ministry, reasons for decisions made regarding the petitioner, information about internal policies, and meeting agendas of public bodies. However, court confidentiality policy means that information held by the courts by a case in progress cannot be provided. The Ministry enables requests for information via an online form.

Operational services
The Ministry's official website states: "The Ministry provides administration, case management and support services to the Supreme Court, Court of Appeal, High Court, District Court, special jurisdictions, and a range of tribunals and authorities in 103 locations around New Zealand". It also provides "'registry services, claims administration, research services, hearings management, judicial support and report-writing services for the Waitangi Tribunal. The Ministry negotiates for the settlement of historical claims arising from the Treaty of Waitangi, and manages land for use in settlements'."

Services provided by the Ministry include the administration of legal aid, the Public Defence Service, information about domestic violence and protection orders, separation and divorce, jury service, enforcing civil debt, and how to access wills and other records. The Ministry also provides advice to the Minister of Justice on miscarriages of justice, including the exercise of the royal prerogative of mercy and compensation for wrongful conviction and imprisonment.

Operational services that are often considered crucial for ensuring the effectiveness and fairness of the justice system (in detail) include:

Legal aid in New Zealand – The Government funds the ministry to provide free legal aid to those unable to pay for a lawyer. The purpose of this system is to ensure New Zealander's interests can be defended in court regardless of their financial circumstances. However, legal aid is means tested and some people may be required to pay back some or all of it back. Legal aid is available for those who have a criminal case against them, a victim of a violent offence who need to a civil non-contact order and are in family and civil disputes.

Jury Service – Jury Service is an essential aspect of the legal process in New Zealand. When a case goes to trial, a jury is selected from the district where the trial is held, chosen randomly from the Electoral Roll. These 12 individuals play a crucial role in the justice system by carefully considering the evidence presented in court. Based on this evidence, they make the decision of whether the accused is guilty or not guilty. However, not everyone is eligible for jury service. Those who work within the justice sector, such as members of the New Zealand Police or the Ministry of Justice, are ineligible.

Waitangi Tribunal – Established in 1975, through the Treaty of Waitangi of Act, it serves to listen and recommendations to claims from Māori who believe that their rights have been breached under the Crown. These claims are based on policies, laws, actions and inactions that have undermined Māori rights. If a claim is accepted by the Tribunal, it will then make a recommendation to the Crown. However, there is no requirement for recommendations to be enforced by the Crown, but there have been cases of where government has taken upon recommendations from the Tribunal such as establishing the Māori Health Authority under the Labour Government in 2020 (that is now destabilised under the National Government elected in 2023).

Sector leadership
The Ministry also provides leadership for the justice sector as a whole. As such it works with the New Zealand Police, the Department of Corrections and the Ministry of Social Development, the Law Commission and a number of other Crown entities. In 2011, a Sector Leadership Board was established chaired by the Secretary for Justice and responsible for improving the performance of these agencies involved in the criminal justice system.

Justice sector costs
The justice sector in New Zealand encompasses various components, including law enforcement, the judiciary, corrections, and associated support services. The sector's financial requirements are significant, reflecting the wide range of operations and responsibilities required to preserve law and order. The justice sector in New Zealand is funded through the national budget, with allocations determined annually. The sector's funding supports several key institutions and functions, including the New Zealand Police, the Ministry of Justice, the Department of Corrections, the judiciary, legal aid, and various support services for victims of crime.

The New Zealand Police is a primary recipient of justice sector funding, covering salaries, equipment, training, operational costs, and community policing. In the 2022/2023 financial year, the police received approximately NZ$2.1 billion to enhance visibility, response times, and crime prevention. The judiciary, comprising various courts including the Supreme Court, Court of Appeal, High Court, and District Courts, is another significant cost centre. Funding for the judiciary ensures that the courts can operate efficiently, with adequate resources for judges, court staff, and case management systems. For the 2022/2023 period, the judiciary received around NZ$600 million. This funding is crucial for maintaining the rule of law and ensuring timely access to justice.

The Department of Corrections, managing prisons and community-based sentences was allocated about NZ$1.4 billion in the same period. This funding supports prison management, rehabilitation programs, and probation services. Legal aid, essential for providing justice to those who cannot afford representation, received about NZ$180 million, while victim support services were allocated approximately NZ$50 million.

Rising crime rates, especially in domestic violence and cybercrime, along with the need for technological investment, are increasing budget pressures. The future outlook includes reforms like alternative dispute resolution, restorative justice, and technology use in courts to enhance efficiency and reduce costs.

The justice sector in New Zealand represents a significant portion of the national budget, reflecting its vital role in maintaining law and order. Continued investment and innovative approaches are necessary to address the evolving challenges and ensure that the justice system remains effective and accessible to all New Zealanders.

Current ministers
The Ministry serves 5 portfolios and 4 ministers.