Judges from Australia and New Zealand attended the Australia Judicial Officers Colloquium in Tāmaki Makaurau Auckland in early October 2023. It was the first time the conference has been held outside Australia in 25 years.
Forged by the ANZAC spirit, we judges of Australia and Aotearoa New Zealand share much in common, including our inherited law. For the first time in 25 years, the Australian Judicial Officers Association (AJOA) held their annual conference outside of Australia. Over 133 of them visited Tāmaki Makaurau over the first weekend in October 2023. Our brother and sister judges from AJOA were keen to learn from our experience and to share their journey with us.
JANZ Vice President, Gerard Winter says “AJOA met here at a most important constitutional moment for Australians, their ‘Voice’ referendum.” The voice in question is that of Aboriginal and Torres Strait Islander peoples. In Australia’s system of democracy, they are less than 3% of the Australian population. That can make it hard to have their voice heard in elections for Parliament. It can also make it hard to influence laws that are made about them.
A “yes” vote would have meant changing the constitution to give the First People a voice, meaning they would be able to advise the Australian Parliament and Government on laws and policies that affect their social, spiritual, and economic wellbeing by enshrining two fundamental principles, recognition, and consultation.
Opened by both the Chief Justices of Australia and New Zealand, followed by a cast of distinguished New Zealand judges and academics, we talked about our justice system and how our judges account for difference and decision-making in Aotearoa, Australia, and the Pacific, around a theme of ‘Navigating Justice’.
Professor Megan Davis, constitutional law professor, pro-vice-chancellor at the University of NSW, expert member of the UN permanent forum on indigenous issues, a driving force for the gathering of 250 community leaders at Uluru in May 2017, crafted the landmark Statement from the Heart that preceded “the Voice” referendum. Her story and description of slow but determined progress for proper recognition were profound. That address and the talks with Uncle Lloyd Hood of the Koori County Court were also very moving.
After the mihi whakatau from Ngati Whātua Orakei, described by the AJOA president Justice Michael Walton (Supreme Court of New South Wales) as a “very moving and heartfelt mihi whakatau welcome ceremony”, Uncle Lloyd with tears in his eyes thanked JANZ. He spoke of his harsh upbringing as a lost child in a Catholic mission. He yearned for a day when his people with pride could also freely speak and sing and share with others their own welcome to country and ancestral stories told in their first language.
Our Chief District Court Judge Heemi Taumaunu and Principal Family Court Judge Ida Malosi together with His Hon Judge Scott Johns — County Court of Victoria and Uncle Lloyd then spoke to the role of specialist and, as they call them, sectoral courts. The Chief acknowledged that our own rangitahi and Pacifika courts took their inspiration from visits he and others had with their Koori Courts.
Pacific cultural influences on common law, treaty settlements, and the role of tikanga in Aotearoa also featured as Justice Christian Whata and Natalie Coates drew upon the law derived from England but also tikanga Māori into a whāriki (woven mat) to represent independent threads to the fabric of law in Aotearoa — a rich tapestry that is still being stitched together.
Finally, brilliant if somewhat dystopian and scary talks from Professor Richard Buckland, University of New South Wales, and our very own Dr David Harvey on cybercrime attacks on states and corporations, and the potential of automated ChatGPT assistance for lawyers and judges were sobering reminders of our modern challenges to Navigating Justice.
While here, the judges enjoyed visits to Waiheke Island and entertainment from Rebecca Nelson, and of course, our legendary manaakitanga.
They departed, refreshed, inspired, and promising to return.
So, why don’t you join our delegation to Canberra in October 2024? Need encouragement? Follow this tourist link. These are always great gatherings.
In the meantime, here are some images from the Auckland conference:
Pictured left to right are: Justice Steven Moore (Supreme Court of Victoria), Justice Michael Baumann (Federal Circuit and Family Court of Australia Division 1), Justice Michael Walton (Supreme Court of New South Wales), Judge Gerard Winter (District Court of New Zealand), Magistrate Jenny Atkinson (Local Court of New South Wales) and Justice Nicola Pain (Land and Environment Court of New South Wales).