Australasian Institute of Judicial Administration Conference

I begin by greeting everyone in the languages of the realm of New Zealand, in English, Māori, Cook Island Māori, Niuean, Tokelauan and New Zealand Sign Language.  Greetings, Kia Ora, Kia Orana, Fakalofa Lahi Atu, Taloha Ni and as it is the evening (Sign).

I specifically greet you: Hon Justices, Christine Wheeler, Judge of the Western Australian Court of Appeal and President of the Australasian Institute of Judicial Administration, and Mark O'Regan, Judge of the Court of Appeal of New Zealand and New Zealand Councillor on the AIJA Council; members of the judiciary and attendees from New Zealand, Australia, Canada, Israel, Wales, and Japan; Distinguished Guests otherwise; Ladies and Gentlemen.

It is with great pleasure that my wife Susan and I welcome you to Government House in Auckland this evening.  Both as Governor-General of New Zealand, and also as someone who worked with and on AIJA programmes in the early 1990s, when Professor Peter Sallman was the Executive Director, it is for me a wonderful turn of events that I can, with Susan, all these years later, host this reception prior to your annual conference.  

I would also like to take this opportunity to welcome all those visiting New Zealand from Australia and further afield.  I trust you may also have the opportunity to see a little more of New Zealand while you are here.

The theme of this year's annual conference, the 26th to be held and the third to be convened in New Zealand, focuses on mental health issues and the administration of justice.

The connection between mental health and the justice system is one that I have, at different stages and from different perspectives, encountered during my own career.  As a working lawyer, judge and ombudsman-and being the son of a medical practitioner-there has been a long time association with medico-legal issues.

As a lawyer and Judge, this involved connections with accused, litigants, witnesses or clients with mental health issues or intellectual disabilities.  In my time as a Judge, I had to deal with applications for compulsory treatment under the 1969 New Zealand legislation and to a certain extent under the 1992 successor.  Through this period, issues relating to ensuring fairness for those with mental health issues, or intellectual disabilities, was a bottom line.

During my time as a Judge, I also served on the Parole Board and as Chairman of a Prison Board.  This again encountered prisoners who lived with mental impairment and the challenges which that posed for them during incarceration and on release.

As an Ombudsman for ten years I dealt with a great many complaints from prisoners and people in psychiatric facilities.  There were also complaints from people who lived with a mental illness and the difficulties they faced in their dealings with central and local government agencies.

As anyone in this audience would know only too well, it is all too easy to become dismissive of such complaints, especially if the person concerned is a frequent complainant, even before becoming the vexatious complainant or querulant envisaged by your session on Saturday morning.  Complaints had to be dealt with on their own merits, as free as possible from any sense of prejudice.

The value of that approach was underlined for me in 2005 when, at the Government's request, I spent 16 months chairing the Confidential Forum for Former In-Patients of Psychiatric Hospitals. This was a legal first for New Zealand, which sought to add a ‘truth and reconciliation' element to dealing with issues that some former patients wished to raise affecting their time in hospital.  The Forum's work was completed by Judge Patrick Mahony when I was appointed Governor-General, and it released its report in 2007.

All this experience highlights that the theme of this year's conference is highly topical.  Many of these issues are well illustrated by the papers to be presented at your conference.  While public and media attention invariably focus on forensic criminal justice-those whose criminal actions are intertwined with their mental ill-health-the reality is much more complex.

As I have noted, there are also those who have committed crimes who simply also happen to have a mental impairment.  There are also those who have committed no crimes but are unwell and are subject to compulsory treatment orders.  And finally there are those who have mental health issues that connect with the judicial system through the civil or family courts. 

Different jurisdictions have confronted these issues in different ways.  I note that Hon Justice Richard Schneider of the Ontario Court of Justice, who is with us this evening, will be giving a keynote address on Canada's experience with Mental Health Courts. These courts, which have been established in a number of jurisdictions, aim to quickly assess and treat mentally unwell accused and to slow down the "revolving door" that sees them regularly appearing before the courts.  

While New Zealand has not taken that approach, the Criminal Procedure (Mentally Impaired Persons) Act 2003 resulted in a first significant revision of this area of the law since 1954.   Along with changing social views on the mentally impaired, there was concern that procedures under existing legislation  did not adequately address the needs of defendants and victims, or make the most efficient use of criminal justice resources. In particular, the Act recognised that the mentally impaired population-those with mental illness and those with intellectual disability-were quite distinct.

No doubt there will be considerable discussion about these different approaches in the days ahead.  One of the great values of the Australasian Institute of Judicial Administration is that it creates a collegial space where those with an interest in these matters can meet and share their knowledge and experience - and it has always done so. As a research and educational institute associated with a very respected University, the AIJA stands apart from governments and judicial systems.

However, with some 1000 members, including Judges, practising lawyers and academics, court administrators and librarians, it brings together a significant group with an interest catalysed in the term judicial administration.

In conclusion, I congratulate everyone involved in organising the Institute's Auckland Conference.  The conference focuses on important public policy, community and judicial issues that are being confronted in jurisdictions in many parts of the world and I wish you well with your discussions.

And on that note, I will I close in New Zealand's first language, Māori, offering greetings and wishing everyone good health and fortitude in your endeavours.   No reira, tēnā koutou, tēnā koutou, kia ora, kia kaha, tēnā koutou katoa.