dc.contributor.author |
Morrison, George |
|
dc.date.accessioned |
2018-12-17T23:19:32Z |
|
dc.date.accessioned |
2022-07-11T23:17:03Z |
|
dc.date.available |
2018-12-17T23:19:32Z |
|
dc.date.available |
2022-07-11T23:17:03Z |
|
dc.date.copyright |
2017 |
|
dc.date.issued |
2017 |
|
dc.identifier.uri |
https://ir.wgtn.ac.nz/handle/123456789/20895 |
|
dc.description.abstract |
The current mechanism for judicial appointments in New Zealand is non-transparent and lacks sufficient accountability mechanisms. As a consequence, there is ample scope for an Attorney-General to make appointments based on political or personal preference. In order to promote actual and perceived judicial independence, and due to New Zealand’s historically conservative approach to constitutional change, I propose a two-stepped incremental approach to reform which would gradually erode the individual executive discretion of the Attorney-General. First, I argue that the criteria for appointment and a mandatory list of persons to be consulted should be expressly stated in statutory form. As part of this discussion, I assess why and how merit and diversity criteria should be legislated. This formalised approach is required to anchor the Attorney-General’s discretion to a prescribed process, which in turn would lead to increased public accessibility and accountability. Secondly, I propose the establishment of a Judicial Appointments Commission in New Zealand to act as an independent advisory body to the Attorney-General. Importantly, by retaining an executive official as decision-maker, the accountability pathway of ministerial responsibility is also retained. Ultimately, these steps are necessary to prevent judicial appointments from being made on a “tap on the shoulder” basis. |
en_NZ |
dc.format |
pdf |
en_NZ |
dc.language |
en_NZ |
|
dc.language.iso |
en_NZ |
|
dc.publisher |
Te Herenga Waka—Victoria University of Wellington |
en_NZ |
dc.subject |
Judiciary |
en_NZ |
dc.subject |
Appointments |
en_NZ |
dc.subject |
Diversity |
en_NZ |
dc.subject |
Judicial Appointments Commission |
en_NZ |
dc.subject |
Accountability |
en_NZ |
dc.title |
Judicial Appointments in New Zealand: An Incremental Approach to Reform |
en_NZ |
dc.type |
Text |
en_NZ |
vuwschema.contributor.unit |
Victoria Law School |
en_NZ |
vuwschema.contributor.unit |
Faculty of Law / Te Kauhanganui Tātai Ture |
en_NZ |
vuwschema.subject.anzsrcfor |
180103 Administrative Law |
en_NZ |
vuwschema.subject.anzsrcfor |
180120 Legal Institutions (incl. Courts and Justice Systems) |
en_NZ |
vuwschema.subject.anzsrcfor |
180122 Legal Theory, Jurisprudence and Legal Interpretation |
en_NZ |
vuwschema.subject.anzsrcfor |
189999 Law and Legal Studies not elsewhere classified |
en_NZ |
vuwschema.subject.anzsrcseo |
970118 Expanding Knowledge in Law and Legal Studies |
en_NZ |
vuwschema.type.vuw |
Research Paper or Project |
en_NZ |
thesis.degree.discipline |
Law |
en_NZ |
thesis.degree.name |
LL.B. (Honours) |
en_NZ |
vuwschema.subject.anzsrcforV2 |
489999 Other law and legal studies not elsewhere classified |
en_NZ |
vuwschema.contributor.school |
School of Law |
en_NZ |