102 S e cti o n T w o – c iv il and politi cal rights judiciary could alone bridge the credibility gap. But the necessity for women to be actively represented is a fundamental starting point. Without adequate representation, the integrity of this system and the wisdom and compassion our judges bring to it are seriously at risk. 70 • There is only one Maori judge in the High Court and no other-origin judges in this jurisdiction. • Less than 10 per cent of District Court judges are of minority ethnic origin. The right to be informed of what is said against oneself There is no easy balance to be struck between the need to protect classified security information (in case divulging Since its inception, the New Zealand judiciary has been this information damages its provision and/or source) and drawn from a remarkably homogenous group. This homo- the need to protect the right to a fair trial. 72 geneity was well described by J E Hodder in ‘Judicial Appointments in New Zealand’ over 30 years ago and has stood the test of time. He observed: In 2005, the Government reviewed the Terrorism Suppression Act 2002 (TSA). In its submission to the select committee, the Human Rights Commission was [T]he person appointed to be a judge in New one of many submitters concerned with provisions in Zealand in the years since the Second World the TSA allowing for classified security information to be War is a middle-aged Caucasian male; he is presented to the court in the absence of the “designated well-educated; and he is a successful and entity”, its lawyers, and the public. The Commission prominent member of the legal profession raised concerns about access as a basic prerequisite to a and, as such, is almost certainly wealthy, a fair trial, if an accused is not provided with all (classified member of the upper-middle class, and lives in security) information held about them that is to be relied an urban environment. 71 on in the proceedings. Although the diversity of the judiciary has increased The select committee agreed that processes involving somewhat over recent years, the make-up of the special advocates and security-cleared counsel would add judiciary as a whole is still not fully reflective of society. additional elements of protection, but considered that The number of women in the judiciary, for example, is the inclusion of such procedures in the act should not currently around 25 per cent. CEDAW has requested that be considered in isolation. It noted that the Immigration the New Zealand Government outline a programme of Bill, which was then before the Transport and Industrial concrete action, goals and time frames to increase the Relations Committee, had a number of clauses relating to number of female judges. the use of classified information in decisions to be made There also continues to be few people of Mäori, Pacific, Asian or other minority ethnic origins appointed as judges, and even fewer judges with a disability. A submission received from Amicus Lawyers during public consultation on this chapter suggests that: • There are no judges of minority ethnic origin in the Supreme Court or Court of Appeal. under the proposed new Immigration Act, and included provision for the use of special advocates. The committee recommended that if the Immigration Act as finally enacted made special provision for the use of classified information in decisions under that act, consideration should be given to the application of those procedures to decisions made under the Terrorism Suppression Act. 73 70 [1993] NZLJ 337 71 Hodder J E (1974) 72 Human Rights Commission, submission on the review of the Terrorism Suppression Act 2002, to the Foreign Affairs, Defence and Trade Select Committee, 19 June 2005. http://www.hrc.co.nz/home/hrc/newsandissues/reviewoftheterrorismsuppressionact2002.php. 73 Foreign Affairs, Defence and Trade Committee (2007), Report on the Terrorism Suppression Amendment Bill (105-2) (27 September 2007), pp 5–6. Accessible online at http://www.parliament.nz/en-NZ/PB/SC/Documents/Reports/b/d/7/48DBSCH_SCR3888_1-TerrorismSuppression-Amendment-Bill-105-2.htm