The Press SATURDAY, SEPTEMBER 23, 1961. Interchange Of Judges

Press, Volume C, Issue 29626, 23 September 1961, Page 10

The Press SATURDAY, SEPTEMBER 23, 1961. Interchange Of Judges

The Chief Justice’s statement that a recent interchange of judges between Christchurch and Auckland reflected no change in policy is disappointing. It had been possible to hope that a progressive move of this nature might even foreshadow the end of the resident judge system and the adoption of a circuit system. The former belongs to the horse-and-buggy days when communication between one centre and another in New Zealand might involve several days’ travelling. Modern travel, which places one end 'of New Zealand only a matter of hours from the other, lends itself admirably to a system in which judges go on circuit from a central point. Adoption of a circuit system would necessitate changes in procedure in the courts; but there are ample precedents on which changes could be based. The administration of justice would benefit greatly. There are obvious disadvantages to Bench and Bar, and presumably to litigants, when the same judges and the same group of counsel face each other in one

centre for several years. Proceedings in one place may become a little more protracted than they need be, or lawyers may resort to litigation more often than is strictly necessary. Fresh minds could well expedite justice and reduce abuse. Since the Court of Appeal was established, opportunities for the puisne judges to meet and exchange views have been reduced. With a circuit system judges could frequently consult each other. The Chief Justice himself has mentioned the changed

circumstances since the creation of a separate Court of Appeal. This consideration may encourage him, before considering such a major change as the institution of a circuit system, to make a regular practice of interchanges such as that, recently made between resident judges in Auckland and Christchurch. The financial considerations the Chief Justice mentions are surely of small account compared with the advantages he acknowledges when he says he would like to give effect “ more often ” to the temporary posting of judges to other centres.