“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.”

True to the old-fashioned phrase, the Law Society’s Inaugural Annual Breakfast left no one in doubt that the early bird does indeed get the worm.

The worm in this case being an inspiring and engaging address from the Right Honourable Chief Justice Dame Helen Winkelmann GNZM.

The sold-out event saw lawyers join Law Society President Frazer Barton and Chief Executive Katie Rusbatch to hear Justice Winkelmann’s insights on the broad issues, concerns and opportunities facing the courts and the profession.

Following a welcome from Frazer Barton and a karakia mō te kai from Tataioterangi Reedy from Te Hunga Rōia Māori o Aotearoa Māori Law Society, Justice Winkelmann began her address by stating that the judiciary and the legal profession shared a common mission, namely to uphold the rule of law and ensure access to justice across all sectors of society.

An ideal to strive towards

She described the rule of law as “the ideal we are all committed to”, adding it was the constitutional duty of both the profession and the judiciary to uphold it. She posited that it was also an ideal that societies must continually strive for, rather than a fixed state to be achieved, adding that few, if any, societies have achieved a state where all have equal access to the protection of the law.

“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.”

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

She also acknowledged Aotearoa New Zealand’s strong global ranking in the World Justice Project’s Rule of Law Index – surmising that “we are doing something right.”

“We ranked sixth in the World Justice Project’s Rule of Law index, ahead of many wealthier countries. People working in the system know the rule of law is served well in this country by a skilled legal profession committed to access to justice as a defining characteristic of excellence. The profession supports and values justice-focused organisations such as Community Law and its associates, Aotearoa Disability Law, and Youth Law. We know too that we have independent courts, made up of judges with high levels of integrity.”

She clarified the significance of this ranking by explaining that the 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.

No room for complacency

But her optimism aside, the Chief Justice warned against complacency. Despite the country’s comparatively high performance, significant barriers to justice remained, especially for the economically disadvantaged, the geographically isolated, and those living with disability.

“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.”

She also noted that the rule of law was in decline worldwide as indicated by an eroded public confidence in institutions and attacks on the independence of the judiciary. Both of which strike at the heart of rule of law, she said, and send a worrying signal, as courts are often targeted by those who resist any restraint of their abuse of power.

Justice Winkelmann shared a quote from a former world leader:

“The legal system we have, and the rule of law are far more responsible for our traditional liberties than any system of one man one vote. Any country or government which wants to proceed towards tyranny starts to undermine legal rights and undermine the law.”

She pointed out that these words may have hailed from Margaret Thatcher at a 1966 Conservative Party Conference in Blackpool but still resonated today and served as a reminder that attacks on rule of law are not new. She noted that she was very much looking forward to the Law Society’s report on strengthening the rule of law in Aotearoa New Zealand.

Barriers to access to justice

While acknowledging an independent judiciary was not under serious attack in Aotearoa New Zealand, she affirmed that there are definitely “work on” areas for our country, referring to her concerns that systemic barriers such as cost, procedural complexity, and delay continue to impede access to justice.

Justice Winkelmann also expressed particular concern about the cost of litigation, noting that both legal representation and court-imposed hearing fees remain prohibitively high. She reiterated the need for a more robustly funded legal aid system and criticised the government’s recent 30 per cent increase in court fees as counterproductive to equitable access.

Shifting to procedural reform, she discussed significant changes being implemented to civil litigation rules in the High Court, set to take effect in January 2026. These reforms, the result of an extensive review by the Rules Committee chaired by Justice Francis Cooke, aimed to simplify procedures, reduce costs, and promote timeliness.

She appreciated that the reforms would demand a cultural shift from both the judiciary and legal practitioners but emphasised that they are essential for ensuring the sustainability and integrity of the justice system.

“For many, our courts remain an intimidating and difficult place to seek justice – and rules alone cannot change that. There is still much work to be done to improve access for Disabled People and the Deaf Community.”

She cited the findings of the Royal Commission of Inquiry into Abuse in Care and acknowledged the justice system’s historical failure to adequately support disabled participants to navigate court processes and avoid the re-traumatising effects of being in our adversarial system.

“Fairness and justice require that our courts do a better job of supporting disabled and deaf communities. We know that disabled people suffer much higher levels of victimisation than the general population and have greater levels of civil justice because of vulnerability to exploitation.”

She added that supporting access by members of the disabled and deaf community should be seen as simply part of the core work of the courts and that she was pleased to announce the forthcoming publication of the Kia Mana Te Tangata Handbook – designed to equip judges with practical tools for accommodating disabled and deaf court users – and urged the profession to engage with this important resource when released.

The Chief Justice acknowledged that new rules and initiatives would bring significant changes for the profession but reassured participants that the judiciary was already working with the Law Society on seminars and guidance materials that would be rolled out later this year to support the transition.

She noted that substantial improvement would require changes at an operational level and that as registry services fall within the Ministry of Justice’s remit, she had requested investment in two initiatives: enhancing online information about accessibility and establishing centres of expertise within registries to guide best practices. She praised the work of Aotearoa Disability Law and the judiciary’s Tomo Mai Committee for their leadership in identifying current systemic barriers, such as the lack of clear, accessible guidance on how to request courtroom accommodations.

Delay across the court system was another issue highlighted by Justice Winkelmann. Longstanding structural limitations, including caps on judicial appointments and inadequate courtroom infrastructure, are seen as key contributors. These issues, she noted, were especially acute in the District and High Courts, affecting both civil and criminal jurisdictions. In the High Court, for example, homicide trials now make up roughly 80 per cent of criminal workload, leaving little room for other serious matters and placing further pressure on the District Court. She also drew attention to the shortage of experienced criminal defence lawyers, another problem linked to the fragility of the legal aid system. The consequences of such delays, she emphasised, are felt most acutely by victims, defendants, and their families.

Transforming the courts

Looking to the future, she outlined several transformational projects, chief among them Te Au Reka, a digital case and court management system being developed jointly by the judiciary and the Ministry of Justice. She remarked that this long-overdue shift would see our paper-based operational system replaced to enhance efficiency, transparency, and access to justice. She informed the room that the system will be rolled out gradually, region by region between 2026 and 2028, starting with the Family Court.

She said that Te Au Reka had been identified in the Digital Strategy for Courts and Tribunals as one of the judiciary’s highest priority technology initiatives. She urged participants to investigate this “important document”, wryly observing that it was a “surprisingly good read.”

She was clear, however, that such projects do come with risk and must be designed and implemented carefully noting that the judiciary and the Ministry of Justice were alive to those risks. She was also quick to express how grateful she was to members of the profession working with the judiciary on the design phases and to the Law Society for facilitating this work.

Remote participation protocols were another talking point during the address and Justice Winkelmann hoped that people were already aware of the work underway to create protocols to regulate remote participation in courts. She was pleased to note that the judiciary had developed and issued the District Court and High Court new guidelines for civil and family proceedings, with criminal protocols currently being finalised. While aware that remote technology offers significant efficiency gains, she took a moment to remind attendees that the judiciary also considers that sometimes remote participation is not appropriate – particularly where significant rights are at stake or the participant is young, vulnerable, or disabled. Minimum standards and safeguards, she affirmed, are a must and the right to a fair hearing must remain paramount.

“As Chief Justice, I regard the level of judicial control set out in these protocols, and the level of procedural protections, as being non-negotiable – because the right to a fair hearing is non-negotiable”

In closing, Justice Winkelmann announced the launch of the Auckland Commercial List¹ – an access-to-justice initiative tailored to expedite the resolution of commercial disputes. She said that while it will involve the reprioritisation of judicial resources, she believes this is justified by the economic and legal significance of robust commercial law.

Partnership with the legal profession

Justice Winkelmann concluded her address by reiterating how much she appreciated the opportunity to speak to the profession, telling the packed room that “there is much for me to thank you for” including the legal profession’s ongoing partnership with the judiciary in supporting and defending the rule of law, and for its contribution to the collaborative initiatives. She acknowledged the opportunity to reflect on all the work that has been achieved together, and the role the profession plays in explaining and defending the importance of an independent judiciary.

Law Society President Frazer Barton closed the event by warmly thanking the Chief Justice for her insights. He said her commitment to making the address an annual event makes it “more a case of ka kite anō rather than haere rā,” and echoed her reminder about “the responsibility we all share in upholding the rule of law.” 

1. Refer to article by Justice Sally Fitzgerald: New Auckland Commercial List expected to change commercial litigation