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Supplementary Order Paper No 217

No 217

House of Representatives

Supplementary Order Paper

Tuesday, 13 September 2016

Judicature Modernisation Bill

Proposed amendments

Louisa Wall, in Committee, to move the following amendments:

New clause 104A

After clause 104 (page 76, after line 4), insert:

104A Reflection of gender, cultural, and ethnic diversity in judicial appointments

All recommendations regarding the appointment of Judges must take into account the desirability of the judiciary reflecting the gender, cultural, and ethnic diversity of New Zealand.

New clause 192

After clause 192 (page 122, after line 7), insert:

192A Reflection of gender, cultural, and ethnic diversity in judicial appointments

All recommendations and advice regarding the appointment of District Court Judges must take into account the desirability of the judiciary reflecting the gender, cultural, and ethnic diversity of New Zealand.

Explanatory note

The Law Commission’s review of the Judicature Act 1908 recommended that in the appointment of Judges “regard must be made to the desirability of the judiciary reflecting gender, cultural and ethnic diversity”, and that this requirement be a statutory criterion in the appointment of Judges. The Judicature Modernisation Bill unfortunately ignores this recommendation. This Supplementary Order Paper amends the Bill so that the gender, cultural and ethnic diversity of New Zealand is taken into account in the appointment of Judges.

New clause 104A requires that recommendations regarding the appointment of Senior Court Judges must take into account the desirability of the judiciary reflecting the gender, cultural, and ethnic diversity of New Zealand.

New clause 192A requires that recommendations and advice regarding the appointment of District Court Judges must take into account the desirability of the judiciary reflecting the gender, cultural, and ethnic diversity of New Zealand.