HUMAN RIGHTS IN NEW ZEALAND 20 1 0 The Immigration Act has now been passed, adopting this “special advocate” procedure. 74 It is therefore timely for disability. However, such procedures have yet to be fully implemented. the TSA be reviewed to consider how it might adopt an analogous procedure. Discussion of this legislation will raise issues regarding the appropriate balance between giving effect to our international obligations, and main- Conclusion Whakamutunga taining respect for human rights and civil liberties in New For the large part, New Zealand has clear laws which Zealand. incorporate human rights standards (including the right Vulnerable victims and witnesses to justice) supported by adequate systems, to ensure that Ensuring that all accused persons have a fair trial and human rights are taken into account. obtaining the most accurate and complete testimony Overall, New Zealand demonstrates an active from witnesses are both critical to the quality of justice commitment to the rule of law and the right to justice delivered by the courts. Testifying can be a considerable through continual review, evaluation and ongoing legal ordeal for adults, let alone children. development. The convention is that judges are appointed Children: Following the legislative and procedural without political bias. Where potential bias exists in changes of the 1980s and subsequently, there are now the judiciary, it is identified, and there are systems for special measures available aimed at making it less ensuring that judgments are not tarnished by bias. stressful for children to testify, thereby enhancing the quality of their evidence. The members of New Zealand’s specialised forensic interviewing service, comprising police and statutory social workers, are jointly trained in best practice for communicating with children. Interviews are expected to cover both evidential issues and care and However, New Zealand has, through the Universal Periodic Review process, come under international criticism for significant variations in the realisation of the right to justice among various groups of New Zealanders, including disabled people, Mäori, Pacific peoples, and protection issues. children and young people. In the meantime, children continue to be subjected to Since 2004 there has been a rise in popular anxiety about suggestive questioning in the courtroom by defence crime. The Government has responded by implementing lawyers, using complex language and employing dubious legislation and policy to simplify the justice system, tactics, such as abrupt changes in topics and intense ensure greater access to justice and protect the rights questioning on irrelevant details. These practices go of victims and their families. However, significant issues against the best interests of the child, but worse still, they remain: risk undermining the integrity of the evidence being given. • The legal aid system has been found to need major The Minister of Justice has stated that the handling of reform. Until these reforms are successfully carried child witnesses is currently under review. out, this has serious ramifications for those in need of Disabled people: Following the Law Commission’s work legal aid, which is indispensable for achieving access to on children and other vulnerable witnesses, legislative justice. amendments were made. For example, the Evidence Act 2006 provides for interpreters by way of “commu- • While there are some conventions and laws for ensuring that human rights standards are incorporated nication assistance” for anyone with a communication 74 Section 263 of the Immigration Act 2009 defines the role of the special advocate as: (1) The role of a special advocate is to represent a person who is the subject of (a) a decision made involving classified information; or (b) proceedings involving classified information. (2) In particular, a special advocate may (a) lodge or commence proceedings on behalf of the person; (b) make oral submissions and crossexamine witnesses at any closed hearing; (c) make written submissions to the Tribunal or the court, as the case may be. (3) At all times a special advocate must (a) ensure that the confidentiality of the classified information remains protected; and (b) act in accordance with his or her duties as an officer of the High Court. The designated agency may recognise a lawyer as a special advocate if (a) the lawyer holds an appropriate security clearance given by the chief executive of the Ministry of Justice; and (b) the designated agency is satisfied that the lawyer has appropriate knowledge and experience to be recognised as a special advocate. (S264) 103