Courts need to be rid of trivia

Press, 2 March 1981, Page 4

Courts need to be rid of trivia

PA ?>' , Hamilton The court system cannot be fully effective "as. long ‘•as it is " burdened' with . trivia, according to;,the retiring Assistant Secretary .of Justice (courts), Mr E; • M. Comerford. . .• ’ Only, when . it shed, the trivia would; it be able to perform- its properjob — to ensure that people , were informed of their rights so that nothing was left to chance in,the pursuit of justice, he said. ‘.u. Mr Comerford, who has been in charge of New Zealand’s courts administration since 1968 and is on his final tour of duty before retiring . next month, said that asJ many offences as possible should' be "decriminalised.” . <••-•■ - Many offences . on .the . Statute Book today,, such as failing to register a dog or license a radio set, were no more than civil misdemeanours, and should never be recorded in criminal history, he said. ■ Extensive reforms were pending, in particular in the traffic offence area, and he hoped to see the day when all non-serious

offences would be dealt witli.outside -the courts by way ,'-ot . infringement not’ictjs. ■ ;■ J _ i Meanwhile, however, the Justice Department , had been /; taking .- steps to inform the .public- of -their rights through the'increasing publication of explanatory brochures, .< .... . Prdgress had been made also, since the Royal Commission on the Courts reported, in reducing delays in court hearings, but a lot mote vyas : required, Mr Comerford said. ■ . ? Mr •Comerford joined the department’s Court Division at Westport as a cadet in 1940, and has since served I^l3.centres. He said'- the greatest changes in the courts in bis 41-year career had been social, particularly in the public’s, attitude to the role -of 1 law’ and order. . While "traditionally the Judiciary and the rule of law - were respected- and seldom ' challenged, a markedly. •• different atmosphere had_ emerged, especially. ’ over ’ the last decade, he said. He ■ did not think that that in itself was a bad thing, as no institution should be beyond scrutiny.

’’Nevertheless, it .is dis. turbing to gee the reaction today of some members of the public to the role of^ J the courts-in society,”.h e • said. ; -j :• - J; . . He gave as an example • — gang, members turning up for their bases in gumboots,' compared witb.-their, predecessors who - might have been "perhaps a little afraid’’ of the prospect of appearing in court. At the same time, courts today were perhaps more relaxed because of a more relaxed attitude, by the Bench, he said. ~ . > ; Even :: though courts by nature i conservative i there . had been dramatic administrative.’ apdc funo tional changes since? his cadet days. The-' whole emphasis now was.' -on making courts much more human ;. institutions, >nd judicial’ officers /.were doing much in this direct-! ion, he said.’ ':■; Such Innovations as Small Claims -Tribunals and the: Family Law courts- laid emphasis, on conciliation away from the rigidity of the formal l court • atmosphere, • and officers were now taking a real interest in the problems of the public.