In her address, Justice Winkelmann focused on what she saw as the broad issues and opportunities for the courts, and ensuring the just and efficient operation of our courts. She began by acknowledging what the judiciary and the profession have in common, namely the shared concern that our law and institutions serve society and the rule of law. She described the rule of law as 'the ideal we are all committed to' and the constitutional duty of both the profession and the judicial branch of government to uphold.

'A society cannot be fair if all are not equally subject to the law and equally entitled to its benefit. Strong, independent courts are necessary to secure that condition. If people do not have access to independent courts, the rule of law is replaced by the rule of the strong over the economically weak and the vulnerable.'

Justice Winkelmann went on to reflect that she referred to the rule of law as an ideal because few, if any, societies have achieved a state where all have equal access to the protection of the law.

'We know that inequality of means, of geographic location, inequality of access to legal information and assistance, and disability all tilt the playing field when it comes to obtaining the protection of the law.' Justice Winkelmann observed that fairness and justice requires that the courts do a better job of supporting disabled and deaf communities, and that they have greater levels of civil justice need because of vulnerability to exploitation. "The defendant population carries very high levels of disability - almost all people in prison (91 per cent) have a lifetime diagnosable mental illness or substance abuse disorder, often existing with other conditions such as FASD and traumatic brain injuries."

She also observed that justice as an ideal is never secure but it is an ideal the profession needs to keep working towards. It was a testament to the profession, she said, that despite knowing the system falls short it continues to strive toward the ideal of the rule of law because of the profession’s strong commitment to a fair society.

Striking another positive note, she relayed that compared to most other countries, New Zealand does well with the rule of law.

New Zealand is ranked sixth in the World Justice Project’s Rule of Law index, ahead of many wealthier countries. This index weighs, amongst other considerations, ease, and quality of access to civil and criminal justice. For civil justice, the index focuses upon accessibility and affordability of civil justice, and also the absence of corruption, discrimination, and delay.

'So, we are doing something right. As people working within the system, we know that the rule of law is served well in this country by a skilled legal profession which is committed to access to justice as a defining characteristic of excellence.' 

Before handing the floor back to President Barton, Justice Winkelmann thanked the Law Society for organising the event and for the leadership and support it continues to provide for the profession. 

President Barton closed the event by thanking our guest for reminding everyone of the critical role that the courts play in a stable and peaceful society, and the responsibility we all share – the judiciary and the profession – to uphold the rule of law. 

Justice Winkelmann also spoke about timeliness initiatives aimed at addressing delays in the courts and the Digital Strategy for Courts and Tribunals. 

A copy of Justice Winkelmann’s full address is available online.

More comprehensive coverage of this event will be available in the winter edition of LawTalk. 

Save the date (Wellington): The Law Society will be launching its report on the Rule of Law at Victoria University on 25 June 2025.