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District Court (District Court Judges) Amendment Bill (Consistent) (Sections 25, 27) [2019] NZBORARp 32 (13 May 2019)

Last Updated: 7 August 2019

13 May 2019

Attorney-General

District Court (District Court Judges) Amendment Bill: Consistency with the New Zealand Bill of Rights Act 1990

Our Ref: ATT395/293

1. I have considered the above Bill for consistency with the New Zealand Bill of Rights Act 1990 (the Bill of Rights Act). I advise that the Bill appears to be consistent with the Bill of Rights Act. A copy of the draft of the Bill is attached.
   
2. The Bill increases the maximum number of District Court Judges from 160 to 182 full time equivalents. District Court Judges, as specified in s 7(2) of the principal Act, are the Chief District Court Judge, the Principal Family Court Judge, the Principal Youth Court Judge, and other District Court Judges. The change is necessary because of the increase in workload for District Court Judges in recent years, and the expansion of the Youth Court jurisdiction to include 17-year olds.
   
3. This Bill does not engage the right to justice in s 27 of the Bill of Rights Act, or the minimum standards of criminal procedure in s 25 for those charged with an offence. The Bill does not alter any procedures of the District Court, it simply increases the number of judges that will be available to deliver the Court’s work. The Bill is therefore consistent with the Bill of Rights Act.
   

Review of this advice

4. This advice has been reviewed in accordance with Crown Law protocol by Crown Counsel Alison Todd.
   

Genevieve Taylor Crown Counsel

Noted Hon David Parker Attorney-General /5/2019

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