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March 2023 letter from the president

Hallelujah, at long last we met again. Just to be with my brothers and sisters, to spend time together, meeting old friends and new, to listen, laugh, and lean into your company — what a privilege!

Everybody will have their favourite conference moments. Apart from the energy and enthusiasm of our MCs, especially that Ophir Cassidy — man, that sister has fine pipes, she could sing a phone book! My moment had to be our brother's very brave talk to us in the closed session.   

JANZ was asked last year by the Chief Justice to report on the judicial wellness policy and initiatives undertaken by Te Hunga Kaiwhakawā o Aotearoa. A useful starting point is found in our objects, which in part say:

(a) To connect the judiciary in an association for mutual support and collegiality. 

(e) To assist, encourage, provide for, and promote wellness and pastoral care for the judiciary and their families. 

(f) To support Heads of Bench in relevant jurisdictions in relation to issues affecting the judiciary and their families.

These objects informed our response. The key sentiment captured in that submission remains.

“…The good design of any programme for a vibrant and healthy judge will be lost in euphemism unless we stop talking about judicial ‘stress’ and ‘wellness’ and start talking about a judge and their family in a context of the work we do where: fatigue, anxiety, insomnia, depression, substance abuse, PTSD, and poor work-life balance…effect judges.” 

Building of this, our key policy approaches to wellness include:

  • Judge for Life and the long handshake whereby we advocate and provide special opportunities for engagement along the natural waypoints of judicial service from years one, five, 10 and within the last five years of judicial service.

  • “Tatou-Tatou, together, together” where we encourage and provide digital and personal connection between all judges and their families.

  • A consistent and collaborative approach to judicial wellness for any individual judicial officer especially in times of crisis.

Let me mention those briefly.

Judge for life — the long handshake.

The ‘long handshake’ is a term that means remaining in contact with an individual in some way, on their terms, so that they never lose the feeling of connectedness. Like the touching of foreheads in a hongi, it is a metaphorical exchange of breath and knowledge that reflects an everlasting and trusted bond. It is the concept of whānau applied to our judges and their families throughout their entire judicial service and beyond.

Judicial career planning at recognised milestones should be a component of any judicial wellness programme. That component could assist judges and their families not only at induction but also after five years, 10 years of service, and within five years of retirement, providing judges with a confidence in their pathway of service and a mature approach to wellbeing.

We do not do retirement well. The anecdotal evidence, in 2022, confirms at times a brutal, undignified, unplanned exit from judicial service. What a complete waste of accumulated wisdom and usefulness to write or teach or mentor at home and abroad in the ‘third age’. The long handshake encourages debriefing over the last five years of judicial service to reduce the accumulated stress of years of judicial service and mine such a valuable resource and ensure interconnection beyond retirement. 

Here’s an example of what we can do. Following the hugely successful ‘JANZ Charity Garden Ramble’ last year, JANZ will arrange another "Break Away” weekend, this time in Christchurch for judges and partners. A low-key but inspiring gathering about the last decade of judicial service. A chance to enjoy the company of old friends and join talks about how to land softly and well for this life-changing event. 

Tatou-Tatou

Social connection is a key protective factor for our wellbeing. JANZ seeks out opportunities for judges to gather and talk in a social setting. Whether holding our regional ‘After-Work’ occasions, such as in Auckland, Christchurch, and Wellington, or hosting new judges during their induction, we provide opportunities for our brothers and sisters to mingle and meet. The JANZ president’s shout, our tables for ten-ish, and opportunities to join together and support our community, like the cap drive for the Red Cross disaster appeal are examples of the positive affirming connections we can create.

Long before Covid days, we decided to build our own website. Little did we realise just how important that decision would be. The site continues to provide engaging content each month reflected in the high number of supporter visits and hits and email contact. There are plans for a secure virtual meeting place and enhanced visual content under development.

Social connection is not just limited to home. JANZ is accredited to the International Judges Association (IAJ). We have excellent trans-Tasman ties with our Australian cousins. Our twice postponed trans-Tasman conference is now rescheduled for less restricted times, still in Auckland, over the weekend of 6 October 2023. We sent a delegation to their September meeting in Hobart last year. Active engagement on overseas projects allows our judges to lift their heads from the trenches and see a broader perspective to the many common challenges we face.

‘Sanctuary Care’

All judges are open to challenging times from a myriad of stress factors. Sanctuary Care (SC) offers a confidential ‘circuit breaker’ long weekend for a judge and their family in one of two locations in the North Island or South Island, paid for by JANZ.

The focus is on supporting the family and the judge, and meeting their perceived needs. A guardian will be appointed to make any arrangements. There are options. This can be time for the judge alone or together with whānau to reflect and consider and plan, or time with a guardian and mentor who might assist in that process. Over the weekend, if what the family simply wants is time out away from the gaze of the media or intrusive malcontent then that’s what we will provide. If they want someone to talk to, we will send someone in. If they need professional help, that too will be arranged. Follow up to any agreed plans will be assisted by JANZ.

In our response to the CJ, JANZ spoke of the challenges faced by Heads of Bench in implementing any wellbeing initiative. We are so very pleased to receive the conference news that time out for paid counselling is here. Normalising this as part of our everyday judicial life is the next challenge. A challenge greatly assisted by that brave disclosure in the closed session. Like him we must ‘own’ this challenge and change the habit of self-inflicted, often curmudgeonly, suffering in silence. It's better for us, better for our family, and so much better for the communities we serve.

I retire to vice president on 1 April, and the redoubtable Noel Sainsbury will step up to the plate. More on that in next month's edition — can I just say with his appointment, JANZ is in very safe hands! 

In this month’s edition go and re-read December's piece on the gentle art of saying NO. A skill we judges must re-learn.

The AGM documents and my last president’s annual report along with this years programme can be found here

In international news this month, with his kind permission, we republish Lord Pannik’s alarming comment on Israels’ attempt to crush their judiciary. And in other news, the senior courts have found the UK ministry of justice owes a duty of care to judges with a hefty award of 50,000 pounds to a bullied judicial officer. And the UK has a judicial recruitment crisis.

Gerard Winter

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