Speaking to a packed room, Chief Justice Winkelman reflected on the challenges and opportunities facing the courts and legal profession during a period of significant social and technological change. Her address focused on the judiciary’s work to modernise and strengthen the courts, while ensuring that the fundamental principles underpinning the justice system remain protected. 

Opening her address with a mihi, Chief Justice Winkelmann acknowledged the recent passing of Sir Ken Keith, describing him as “a leading light who showed a path which others may follow” and spoke of him seeing the law as critical to building a more just society. 

Chief Justice Winkelmann acknowledged the importance of the relationship between the judiciary and the legal profession in supporting the administration of justice and upholding the rule of law. “The relationship between the judiciary and the profession is a critical one.”  

She said the courts were operating during “a time of profound social and technological change”, shaped by increasing digital transformation, remote participation technology and the rapid development of generative AI. 

Chief Justice Winkelmann also stressed the importance of maintaining New Zealand Bill of Rights Act protections as courts expand the use of remote participation technology, saying procedural fairness and access to justice must remain central to all court processes. 

AI in the courts 

While acknowledging the transformative potential of AI and new technologies within the justice system, Chief Justice Winkelmann emphasised the importance of ensuring innovation does not undermine the administration of justice or the rule of law. 

“As the person in charge of the stewardship of the judiciary, I’m determined that this technology is used to enhance accessibility and efficiency without undermining the administration of justice and the rule of law.” 

Chief Justice Winkelmann said the judiciary was also considering how open justice principles should operate in a digital and AI-enabled world, particularly as online publication and search technologies can have lasting impacts on individuals. 

She went on to outline work currently underway by the judiciary to develop frameworks and guidance around the use of AI in the courts. She said the judiciary had returned to first principles in considering how emerging technologies should be used within the justice system. 

“We define the essence of the work of the courts as upholding the rule of law through the determination of proceedings, civil or criminal, by independent and impartial judges,” she said. 

She also emphasised the AI Advisory Group guidelines that “AI must not be used in a way that replaces, compromises or obscures the essential human task of judging.” 

Court modernisation and remote participation  

Chief Justice Winkelmann also spoke about the judiciary’s ongoing work to modernise court systems and improve accessibility and efficiency across the courts. 

This included updates on Te Au Reka, the new digital case management system being introduced across the courts, which Chief Justice Winkelmann described as “the beginning of the end of reliance upon our Dickensian paper-based system.” 

The system will begin rolling out in the Family Court next year before expanding more broadly across the courts from 2027. 

She also acknowledged the contribution of members of the legal profession involved in the development of Te Au Reka through user reference groups and noted that training for lawyers would be provided before the system goes live. 

Remote participation technology was another significant focus of the address. Chief Justice Winkelmann said the judiciary was continuing work to ensure the increased use of remote participation improved access to justice while maintaining fairness and procedural safeguards. 

She noted the judiciary had recently issued protocols relating to remote participation in civil, family and criminal proceedings and was continuing to engage with the criminal bar on further guidance. 

Access to justice and participation 

Accessibility and participation within the justice system also remained an important priority for the judiciary, Chief Justice Winkelmann said. 

Chief Justice Winkelmann also highlighted the growing rates of imprisonment for women, particularly Māori women, describing the issue as a significant societal concern and noting the profound impact incarceration can have on children and families. 

Also, to better accommodate Deaf and disabled court participants, she highlighted continuing work underway through the judiciary’s Tomo Mai committee, including judicial education programmes and the development of principles for engagement with Deaf and disabled communities. 

The Chief Justice also addressed broader access to justice issues, including court timeliness initiatives, legal aid pressures and ongoing work to reduce delays across the court system. 

She acknowledged the pressure many lawyers working within the courts continue to face and thanked the profession for its ongoing engagement with reform initiatives. 

“In a sense, everything I’ve been speaking about affects access to justice.” she said. 

Chief Justice Winkelmann noted that the District Court had achieved a 30 per cent reduction in its backlog of older criminal cases over the past year, while the Auckland Metro courts had achieved a 51 per cent reduction. 

She also spoke about the continued development of the High Court Commercial List in Auckland, describing it as an important initiative supporting the timely resolution of complex commercial disputes. 

In conclusion, she acknowledged the leadership of Law Society President David Campbell and Chief Executive Katie Rusbatch “at a time when a great deal is being asked of the lawyers who work in our courts” and also acknowledged Bronwyn Jones from the Law Society for her ongoing work supporting the profession and judiciary. 

The Chief Justice said work was underway across the court system “to better meet the needs of our society, and to better serve the people who come to our courts.” 

Finally, reflecting on the legacy of Sir Ken Keith, the Chief Justice said the profession had “good role models in the law to aspire to”, describing his optimism, belief in the law, and commitment to sound principles and process as an enduring example of the values that continue to strengthen both the profession and the justice system.