Roger Partridge: Rule of law – but for whom? A rejoinder to the NZLS report

The New Zealand Law Society’s new report, Strengthening the Rule of Law in Aotearoa New Zealand, runs to more than eighty pages, includes seventy-eight recommendations, and reflects a considerable investment of time and goodwill. Its aims are noble: to bolster constitutional integrity, improve access to justice, and promote respect for the rule of law. But for all its breadth, the report suffers from a staggering omission. It fails to acknowledge the one institution increasingly responsible for eroding legal certainty and upending constitutional norms: the courts themselves.

Roger Partridge: How to rein in an activist Supreme Court

My earlier column this month, New Zealand’s highest court could be facing a turning point, prompted a flood of feedback from business readers and lawyers alike. A common query was what Parliament can do to restrain an overreaching judiciary. This week I discuss two steps Parliament should not hesitate to take.

But first a quick recap.

Roger Partridge: New Zealand's highest court could be facing a turning point

Last month’s Legal Research Foundation conference commemorating the Supreme Court’s 20th anniversary could mark a turning point for New Zealand’s highest court. Or at least it should if the Supreme Court justices were listening.

A highly hierarchical legal profession rarely speaks out on concerns about the courts. Contempt of court laws and rules requiring lawyers to respect the dignity of the judiciary also restrains public commentary.