National Executive Judge (now retired) Lawry Hinton (second from right) joins Community Magistrates and support staff from the Chief Judge’s office at their annual conference in October 2019
JANZ recognises all judicial officers. This month we focus on Community Magistrates. There are 15 Community Magistrates (CMs) sitting in 36 courthouses. While our brothers and sisters provide vital, tireless work in the course of community justice, they are treated very poorly by the MoJ executive especially in relation to their terms and conditions.
Under an MOU, the Chief District Court Judge is only responsible for their rostering, training, and professional development, which is done with the assistance of the National Executive Judge. The Chief Judge went into bat for them in 2020 saying:
“Whilst there is a high degree of commitment and camaraderie amongst CMs, there is a significant disquiet regarding the level of remuneration. The CMs apprehend that their expertise and commitment is not sufficiently reflected in their level of remuneration. As the CM role becomes increasingly complex and demanding, commensurate and attractive remuneration will only assist retention and recruitment of the right people"
CMs respect and admire Ida Malosi and, before her, Lawry Hinton for their tireless work on their behalf, but recognise the executive’s complete power over their working lives.
Appointed by the Governor General, Community Magistrates do not have the protections of employment law, nor are they presently covered by a salary determination. This may shortly change, but for now they must rely on the MoJ to review their daily fees and allowances under the statutory regime. Let’s not pretend about the huge conflict to their judicial independence that presents. Put that dilemma to one side for the moment.
Presently, beyond a modest daily fee and some allowances, CMs have no benefits such as sick pay, holiday pay, bereavement leave, or contribution to superannuation. Their daily allowance does not include paid time for preparation or payment for the huge amount of travel some undertake. They have no formal training programme. They have no right to negotiate anything other than their availability. Their lack of status is unjustifiable and would not be acceptable in the private sector.
So, why are they so poorly treated by the MoJ?
Community Magistrates play an important role in carrying out district court criminal work. Look at any roster and you will quickly see many CMs sit five days per week, every week in a way far different from that envisaged by the MoJ’s pilot programme that looked to little more than a part-time position, similar to judicial JPs but with a nominal sitting fee. It is interesting to note that CM courts were still being 'piloted' in Christchurch as recently as 2017, some 18 years after the first pilot in Waikato/BOP in 1999. You can read their brief history here.
Under current legislation, District Courts Act 2016 ss39-61, CMs preside over a wide range of less-serious cases in the district court’s criminal jurisdiction. However, they are the engine room of our district court. Their mahi sees daily sitting in busy urban courts dealing with a broad jurisdiction. Crucially, they free up District Court Judges to work the surge of more serious and complex cases in their ever-expanding criminal jurisdiction. The criminal procedure improvement process has identified a number of areas where CMs can be better deployed with increased jurisdiction, like EM bail, limited license applications, and possibly JATs and CRHs within their jurisdiction. This may reduce delays by freeing up judges to deal with more complex matters.
Community Magistrates are recruited to be representative of their communities in the criminal justice system, based on their life skills and experience often gained in non-legal careers. The CM role was designed from inception to increase community involvement in the justice system. Talk with any CM and you will find a strong sense of vocation and commitment to community justice.
Broadly speaking, what CMs deserve is a place within the system that acknowledges the importance of their role within the judiciary. They are not judges in another guise, but truly independent judicial officers and it is on this basis that the Martin Jenkins report has seen their mention in an “omnibus bill” in its second reading that will transfer their entitlements to a determination by the Remuneration Authority. Hopefully, this will bring about a badly needed opportunity for a re-scoping of the CMs jurisdiction.
JANZ applauds our Ida Malosi’s leadership in this development. It is well past time for the MoJ’s ‘pilot’ programme to mature into a recognised, respected, and essential judicial role for our Community Magistrates.
In the meantime, my brothers and sisters, we see you, we know what you do for us and we thank you so very much for your service.
Ngaa mihi nui
Gerard