Judges

The resources in this section have been developed for legally-trained judges but lay judicial officers may also find them useful. Some are JPPF-developed training modules and others are papers and webinars developed for New Zealand judges by Te Kura Kaiwhakawā. Some resources are specific to New Zealand legislation and case law, but we believe all provide useful information and insights for Pacific judges. 

We'd appreciate hearing from you via the feedback form, which takes only a couple of minutes to complete. This lets us know which resources people are using, whether they are helpful and what else we might provide.

If you have technical difficulties accessing any of the resources, please let us know in the feedback form

This training module covers what it is to be a judicial officer: What the judicial oath means and the 'dos and don'ts' of the role.

The module is best worked through with others, in order and over a series of sessions.  The resources have been designed to be completed in a lunch hour or short evening session. But you can also dip into any of the resources by yourself at any time. Discussion questions will help you to tease out the specific issues you might encounter and what to do about them as you go.

Some judicial oaths don't include the specific wording we have followed but many do. The module covers universal principles for judicial officers in democratic common law countries and the principles are important even if your judicial oath doesn't mention them specifically. There are likely to be different issues that arise in your country. If you have questions about any of the content, please discuss with your colleagues and head of bench.

A lot has been written about the judicial role and we encourage you to search for other resources. Let us know if you come across other useful resources that we could include here, particularly any written/delivered by Pacific judges.

We would appreciate you completing the feedback form once you have finished the module (or any parts of the module you use if you're not completing the whole module). This helps us to improve our resources and better support you and your colleagues.

Learning outcomes

By the end of this module, participants will:

  • Better understand the requirements of the judicial role in terms of independence, impartiality, transparency, diligence and ethical conduct, both on the bench and in their personal lives
  • Build their ability to assess professional and personal risks and benefits of various actions, interactions and involvement in activities, both in court and in their personal lives
  • Gain more insight into the personal challenges facing judicial officers, their colleagues and their families, and how best to manage these challenges
  • Understand the concepts of bias and conflict of interest in the judicial context and be able to identify situations that might constitute actual or perceived bias or conflicts of interest
  • Make sound decisions as to whether or not it is appropriate to preside over cases where there might be an actual or perceived bias or conflict of interest, and what to do about that
  • Appreciate the diversity of the community and access to justice issues that result, and understand that treating all people the same results in inequitable outcomes
  • Have an awareness of resources available for guidance if required.

This video features experienced judicial officer, Sir David Carruthers, formerly New Zealand’s Chief District Court Judge and Principal Youth Court Judge, discussing what's required of a judicial officer in their conduct on and off the bench. A short biography can be found here.

This video provides a discussion of universal principles for judicial officers around the world and from Sir David’s experiences.  There are likely to be different issues that arise in your country and in your own jurisdiction.  You can watch and consider it on your own at any time, but we encourage you to watch it with your colleagues and head of bench and to consider and discuss what is covered in the video and how it relates to your own experiences.  Discussion questions are included below.

Note, passwords are immediately below the link to the video.

Judicial conduct: On the bench, around the court and in your personal life

Video presentation on judicial conduct
This module discusses what judicial conduct means and how this must be maintained in and out of court.
Duration: 12min
Password: JPPF

This video features experienced judicial officer, New Zealand's Deputy Chief Coroner Anna Tutton, discussing conflict of interest, judicial impartiality and judicial independence. A short biography can be found here.

This video provides a discussion of universal principles for judicial officers around the world and from Coroner Tutton’s experiences. There are likely to be different issues that arise in your country and in your own jurisdiction. You can watch and consider it on your own at any time, but we encourage you to watch it with your colleagues and head of bench and to consider and discuss what is covered in the video and how it relates to your own experiences. Discussion questions are included below.

Note, passwords are immediately below the link to the video.

Conflict of interest with Anna Tutton

Video presentation on conflict of interest
Duration: 30min
Password: JPPF

This series of four videos focuses on the judical oath and what that means for a judicial officer in practice.

The videos feature discussion about what the judicial oath means to our three experienced judicial officers: Sir David Carruthers (formerly New Zealand’s Chief District Court Judge and Principal Youth Court Judge), Mere Pulea (former Fiji High Court Judge), and New Zealand’s Deputy Chief Coroner Anna Tutton. You can read their short biographies here.

Each video covers a different aspect or element of the judicial oath and is best watched in order. Some judicial oaths don't include the specific wording we have followed but many do. The videos cover universal principles for judicial officers in democratic common law countries and the principles are important even if your judicial oath doesn't mention them specifically. There are likely to be different issues that arise in your country. If you have questions about any of the content, please discuss with your colleagues and head of bench.

Even if you're not working through the whole Role and function of a judge module, please complete this feedback form after viewing the videos (and working through the discussion questions if you wish). It gives us important information so we can improve our resources. 

Note, passwords are immediately below the link to the video.

1. Service

Video session one focuses on the judicial oath, specifically what it means “to serve” as a judicial officer, including:
• Impartiality – treating people equally, neutrality
• Independence – free from outside control, influence or persuasion
• Professionalism – punctuality, diligence, and timeliness of judgments
• Accountability, transparency – providing clear reasons for decisions
• Teamwork – flexibility, courtesy, dignity and respect.

Duration: 37min
Password: JPPF

2. Without fear, favour, affection or ill-will

Video session two focuses on the phrase “without fear or favour, affection or ill will” that commonly features in the judicial oath across the Pacific, including:
• Impartiality – recognising bias, conflict of interest
• Independence – free from any outside control, influence or persuasion
• The Rule of Law – remaining free from political pressure or interference
• Accountability, transparency – providing clear reasons for decisions, based on evidence alone
• Natural justice – ensuring a fair and generally public process that enables equality of treatment

Duration: 18 min
Password: JPPF

3. Do right to all manner of people

Video session three focuses on the phrase “to right to all manner of people” that commonly features in the judicial oath across the Pacific, including:
• Equality before the law – using appropriate language to address people that are before the court, providing equal treatment no matter who the person is or where they come from
• Equity in the law – acknowledging that certain groups of people face obstacles that others do not and certain groups of people do not have equal access to opportunities or the ability to equal participation as others do.

Duration: 5 min
Password: JPPF

4. Laws and usages of the land

Video session four focuses on the phrase “laws and usages of [the land]”, or a phrase akin to that, which commonly features in the judicial oath across the Pacific, including:
• Decisions being made in accordance with the law – law as derived from statute law, case law and customary law
• Certainty (or uncertainty) of the law – knowing what the legal hierarchy is in your jurisdiction, as guided by the constitution, to deal with the potential for conflict between statute and customary law
• Knowing, or evidentially proving, customary law – obtaining evidence from community elders
• In-court versus out-of-court resolution – realising that the judicial role remains independent and free of any potential community resolution which seeks to prevent legal proceedings being commenced.

Duration: 19 min
Password: JPPF

These questions are best worked through with your colleagues, either informally or in a facilitated training session.  The facilitator notes include some responses and prompts, as well as possible ways to approach a training session using the materials.

Some judicial oaths don't include the specific wording we have followed but many do. The module covers universal principles for judicial officers in democratic common law countries and the principles are important even if your judicial oath doesn't mention them specifically. There are likely to be different issues that arise in your country. If you have questions about any of the content, please discuss with your colleagues and head of bench.

And please give us feedback using the feedback form below. This helps us to improve our resources and better support you and your colleagues.

We would appreciate you completing the feedback form once you have finished the module (or any parts of the module you use if you're not completing the whole module). This helps us to improve our resources and better support you and your colleagues.

These papers and webinars on a variety of family violence issues were delivered to New Zealand judges at various Te Kura Kaiwhakawā programmes over the past two years.

Dr Pauline Gulliver

This webinar discussed the different dynamics of family violence – coercive control, from incidents to episodes, social entrapment. There was a particular focus on men who use violence and their lived experiences.

Note, passwords for Te Kura webinars are immediately below the link to the video.

Pauline Gulliver is the Senior Specialist for the Family Violence Death Review Committee. Following the completion of her PhD, Pauline spent 25 years engaged with academic research, both in New Zealand and in the United Kingdom. She was engaged with a diverse range of topics, including the contracting for mental health services, injury prevention and family violence. For the last 10 years Pauline has been working in the family violence field and has contracted for the United Nations Population Fund and World Health Organisation as well as being employed at the University of Auckland. After a brief stint with an NGO, Pauline picked up the reins of the Senior Specialist role in April 2019.


This webinar is the intellectual property of Te Kura Kaiwhakawā, Institute of Judicial Studies. Permission has been granted by the presenter for the webinar to be shared with JPPF for the purpose of judicial training and education. This webinar may not be used for any other purpose. JPPF has determined this webinar may be useful to judges in the Pacific, although it was developed for a New Zealand audience and therefore may refer to New Zealand legislation or case law that is not directly relevant to other jurisdictions.

Dynamics of family violence

Password: IJSwebinar
Duration: 45 min

This webinar discussed the different dynamics of family violence – coercive control, from incidents to episodes, social entrapment. There was a particular focus on men who use violence and their lived experiences.

Dynamics of family violence: Social entrapment

Kiriana Tan, Family Violence Death Review Committee

This 9-page paper (appendix) canvases several areas of concern for further enquiry that will be undertaken in further reviews of the committee. Delivered at Te Kura Kaiwhakawā's Family Violence programme 2019.

Why we need to address intimate partner violence and child abuse and neglect together

A position brief from the NZ Family Violence Death Review Committee, February 2017

Her Honour Judge Jane Farish, District Court Judge


Knowing about family violence, its prevalence and dynamics is very important to the work that judges do. In this module you will learn how to respond effectively to family violence by applying the rules of evidence and procedure.
Delivered at Te Kura Kaiwhakawā's Judicial Intensive Orientation 2019.

Note, passwords for Te Kura webinars are immediately below the link to the video.

Judge Jane Farish District Court Judge with civil and jury warrant


This webinar is the intellectual property of Te Kura Kaiwhakawā, Institute of Judicial Studies. Permission has been granted by the presenter for the webinar to be shared with JPPF for the purpose of judicial training and education. This webinar may not be used for any other purpose. JPPF has determined this webinar may be useful to judges in the Pacific, although it was developed for a New Zealand audience and therefore may refer to New Zealand legislation or case law that is not directly relevant to other jurisdictions.

Family violence and the law

Webinar
Password: IJSwebinar
Duration: 60 min

Family violence and the law

Her Honour Judge Jane Farish, District Court judge
Supporting materials

Family violence cheat sheet

Supporting materials

Dr Cherie Gill

In this webinar, Dr Cherie Gill walked participants through the Integrated Safety Response operating in Waikato, New Zealand. She discussed how the model works to identify and respond to Family Violence at the earliest opportunity.

Note, passwords for Te Kura webinars are immediately below the link to the video.

Cherie is the Director of the Integrated Safety Response (ISR) initiative in the Waikato, based in Hamilton. Cherie joined ISR on 30 September 2019, after spending almost 24 years at ACC, based both in Te Kuiti and in Hamilton.  While initially only joining ACC for a six-month secondment while finishing a Bachelor of Nursing Degree, Cherie went on to hold various roles at ACC spanning Case Management, Team Management, Network Training Management, and Performance Management; and most recently was the Branch Manager of the Waikato Branch for the past six years.  While relatively new to the Director’s role, Cherie is not new to ISR, as she has been involved with the initiative from a statutory agency point of view as a member of both the Joint Leadership Group and the Joint Operations Group. Cherie is enjoying getting into learning the ISR business from the inside, and helping to put Waikato ISR ‘centre stage’ in the journey of making things safer for our whānau and tamariki. 


This webinar is the intellectual property of Te Kura Kaiwhakawā, Institute of Judicial Studies. Permission has been granted by the presenter for the webinar to be shared with JPPF for the purpose of judicial training and education. This webinar may not be used for any other purpose. JPPF has determined this webinar may be useful to judges in the Pacific, although it was developed for a New Zealand audience and therefore may refer to New Zealand legislation or case law that is not directly relevant to other jurisdictions.

Multi-agency risk assessment

In this webinar, Dr Cherie Gill walks participants through the Integrated Safety Response operating in Waikato, New Zealand. She discussed how the model works to identify and respond to family violence at the earliest opportunity.

Password: IJSwebinar
Duration: 53 min

NZ's integrated safety response to family violence

This powerpoint presentation by NZ Police goes through the integrated family safety response piloted in the Waikato region.
Delivered at Te Kura Kaiwhakawā's Family Violence programme 2019.

Kirsty Dempster Rivett

This webinar discussed what trauma is and its prevalence in people who appear in the courts. The presenter discussed different ways trauma might appear, and how that can impact on someone’s ability to give evidence or otherwise present in court. Participants were also encouraged to think about how they have seen trauma in their courtroom, and what strategies they might use in the future to develop their trauma informed practice.

Note, passwords for Te Kura webinars are immediately below the link to the video.

Since graduating from the University of Waikato, Kirsty have accumulated a diverse range of experience as a Clinical Psychologist. This has involved multiple roles within government agencies such as The Department of Corrections, Waikato District Health Board, as well as community-based practice, especially in collaboration with Waikato schools and Non-Government Organisations. Specifically, her career has focused on working with young people who have experienced significant childhood trauma that go on to offend. Kirsty has been a Teaching Fellow at the University Of Waikato for the last three years convening undergraduate and graduate papers on mental health and well-being. She is currently undertaking doctoral research entitled: Exploring the mechanisms linking child maltreatment and the perpetration of family harm.


This webinar is the intellectual property of Te Kura Kaiwhakawā, Institute of Judicial Studies. Permission has been granted by the presenters for the webinar to be shared with JPPF for the purpose of judicial training and education. This webinar may not be used for any other purpose. JPPF has determined this webinar may be useful to judges in the Pacific, although it was developed for a New Zealand audience and therefore may refer to New Zealand legislation or case law that is not directly relevant to other jurisdictions.

Transformative justice and trauma-informed practice

Password: IJSwebinar
Duration: 28 min

This webinar discussed what trauma is and its prevalence in people who appear in the courts. The presenter discussed different ways trauma might appear, and how that can impact on someone’s ability to give evidence or otherwise present in court. Participants were also encouraged to think about how they have seen trauma in their courtroom, and what strategies they might use in the future to develop their trauma informed practice.

Transformative justice presentation

Kirsty Dempster Rivett
Powerpoint.

Dr Ian Lambie

This webinar discussed the high prevalence of neurodisabilities and mental health problems in prisoners, and the implications that these issues have for people who commit crime, and how they might present in the courtroom.

Note, passwords for Te Kura webinars are immediately below the link to the video.

Dr Ian Lambie is Science Advisor for the Justice Sector (Ministry of Justice, Department of Corrections and Police) and Professor in Clinical Psychology at the University of Auckland, where he teaches clinical, forensic, child and adolescent psychology. His specialist clinical and research interests are in child and adolescent mental health, childhood trauma and youth justice, building on more than 30 years’ experience working with children and adolescents with severe conduct problems and trauma, and their families, carers and service-providers.


This webinar is the intellectual property of Te Kura Kaiwhakawā, Institute of Judicial Studies. Permission has been granted by the presenters for the webinar to be shared with JPPF for the purpose of judicial training and education. This webinar may not be used for any other purpose. JPPF has determined this webinar may be useful to judges in the Pacific, although it was developed for a New Zealand audience and therefore may refer to New Zealand legislation or case law that is not directly relevant to other jurisdictions.

The body keeps the score

Webinar
Password: IJSwebinar
Duration: 50 min

Is there something really wrong or are they just putting it on?

Professor Ian Lambie, Science Advisor for the NZ Justice Sector (Ministry of Justice, Department of Corrections and Police) and Professor in Clinical Psychology at the University of Auckland

Here are a range of resources we think you might find useful. Give us some feedback  via the feedback form, which takes only a couple of minutes to complete. This lets us know which resources people are using, whether they are helpful and what else we might provide. Do you know of other useful resources we could include?  Contact us and let us know.

Vulnerable witnesses and the Evidence Act 2006

HIs Honour Judge Stephen Harrop, NZ District Court judge

This paper reviews how the Evidence Act 2006 caters for promoting fairness to vulnerable witnesses, namely with reference to four main topics: 1) communication assistance; 2) unacceptable questions; 3) restrictions on cross-examination by parties in person; and 4) alternative ways of giving evidence. Although relating to NZ's Evidence Act, this is likely to be relevant for Pacific judges as the Act substantially codifies common law principles. Delivered at Te Kura Kaiwhakawā’s Evidence and Procedure programme, 2019.

Dynamics of family violence: Risk factors for children in family violence cases

Kiriana Tan, NZ Family Violence Death Review Committee

This brief 3-page handout outlines a summary of research-informed risk factors that may be present for children when contact issues arise, and what considerations to look out for. Delivered at Te Kura Kaiwhakawā's Family Violence programme 2019.

Myths and misconceptions in sexual and family violence cases

His Honour Judge John Walker, NZ Principal Youth Court Judge and District Court judge; and Professor Elizabeth McDonald MNZM, University of Canterbury

This paper, a chapter of the New Zealand Law Commission's "Second Review of the Evidence Act 2006", outlines trial mechanisms to resolve jurors' commonly held beliefs of myths and misconceptions in sexual and family violence cases such as that not fighting off a defendant equates to consent to sexual acts, or that family violence must not be that serious because the victim did not leave. The paper primarily outlines three main ways of dealing with these issues: 1) expert evidence; 2) section 9 agreed statement; and 3) judicial directions. Although most Pacific jurisdictions do not conduct jury trials and this paper refers to NZ's Evidence Act, the matters raised in this paper will be relevant for judges conducting sexual and family violence offence trials. Delivered at Te Kura Kaiwhakawā’s Family Violence programme, 2019.

Evidence Act 2006: Family violence context

Professor Elizabeth McDonald MNZM University of Canterbury

This chapter from the NZ Family Violence Bench Book provides an overview of family violence, offering some introductory observations about how the effects of family violence inflicted on victims can affect the giving of evidence. The chapter then goes on to outline the various scenarios of how to utilise the Evidence Act provisions for common issues that arise in family violence cases, for example, witnesses' refusal to give evidence, non-party disclosure applications, alternative ways of giving evidence. Although relating to NZ's Evidence Act, this is likely to be relevant for Pacific judges as the Act substantially codifies common law principles. Delivered at Te Kura Kaiwhakawā's Family Violence programme 2019.

Judicial control over questioning and closing addresses

The Honourable Justice William Young, NZ Supreme Court judge; The Rt Honourable Helen Winkelmann, Chief Justice of New Zealand

This paper discusses trial management of sexual cases, to the extent that the presiding judge has the ability to limit/control questions puts to vulnerable witnesses. This is primarily focused on the New Zealand legal landscope, but reference is made to developments in the England, Wales and Scotland. This paper was delivered at Te Kura Kaiwhakawā’s Managing Sexual Violence Trials programme 2019.

Dynamics of family violence: Social entrapment

Kiriana Tan, Family Violence Death Review Committee

This 9-page paper (appendix) canvases several areas of concern for further enquiry that will be undertaken in further reviews of the committee. Delivered at Te Kura Kaiwhakawā's Family Violence programme 2019.

Why we need to address intimate partner violence and child abuse and neglect together

A position brief from the NZ Family Violence Death Review Committee, February 2017

Dynamics of family violence: Risk factors for children in family violence cases

This chapter from the NZ Family Violence Bench Book shows the risk factorts for children in family violence cases

NZ's integrated safety response to family violence

This powerpoint presentation by NZ Police goes through the integrated family safety response piloted in the Waikato region.
Delivered at Te Kura Kaiwhakawā's Family Violence programme 2019.

Lawyers' strategies for cross examining rape complainants: Have we moved beyond the 1950s?

Sarah Zydervelt, Psychology Department, University of Otago, Rachel Zajac, Psychology Department, University of Otago, Andy Kaladelfos, Griffith Criminology Institute, Griffith University and Nina Westera, Griffith Criminology Institute, Griffith University

This article draws comparisons between defence counsel cross-examination in the 1950s to the 21st century, concluding that the tactcis adopted are very similar across the time period. Delivered at Te Kura Kaiwhakawā's Managing Sexual Violence Trials programme 2019.

An Analysis of Judicial Sentencing Practices in Sexual & Gender-Based Violence Cases in the Pacific Island Region

Emily Christie, Human Rights Lawyer; DLA Piper Hansdeep Singh, Co-Founder, ICAAD; and Jaspreet K. Singh, Co-Founder, ICAAD

This report looks at factors raised and considered during the sentencing phase including arguments in mitigation of sentence. Analysing 908 sentencing records involving SGBV in seven PICs: Fiji, Samoa, Solomon Islands, Tonga, PNG, Kiribati and Vanuatu. Last updated 2016.

Gender stereotyping - VAW report

Jaspreet K. Singh, Hansdeep Singh, Erin Thomas and Natalie Druce of the International Center for Advocates Against Discrimination (ICAAD)

This 2020 report, commissioned by Sisters For Change, explores the link between gender bias and stereotyping and violence against women and girls. The report examines the scope of gender-based violence against women and girls in the Pacific Island Region and provides an in-depth analyses of the impact of gender bias and stereotyping on judicial decisions in violence against women cases across seven countries in the Commonwealth Pacific Island Region – Fiji, Vanuatu, Tonga, Samoa, Solomon Islands, Papua New Guinea, and Kiribati.

This series of induction webinars were designed by Te Kura Kaiwhakawā to support newly-appointed New Zealand judges through the first months of their appointment. For this reason they are brief and cover the basics of each topic. The topics were identified by the Chief District Court Judge, Principal Youth Court Judge and Principal Family Court Judge as being of primary importance to new judges. Each webinar has either recommended reading, a Powerpoint or both.

Note, passwords for Te Kura webinars are immediately below the link to the video.

His Honour Judge John Walker, NZ Principal Youth Court Judge, District Court Judge and Her Honour Judge Barbara Morris, NZ District Court Judge

This webinar looks at the characteristics of people who come to court such as neurodisabilities and trauma. The presenters consider how these characteristics might prevent a witness or defendant being able to fully participate in court and provide solution-focused practical tips for fostering participation and engagement.

Note, passwords for Te Kura webinars are immediately below the link to the video.


This webinar is the intellectual property of Te Kura Kaiwhakawā, Institute of Judicial Studies. Permission has been granted by the presenters for the webinar to be shared with JPPF for the purpose of judicial training and education. This webinar may not be used for any other purpose. JPPF has determined this webinar may be useful to judges in the Pacific, although it was developed for a New Zealand audience and therefore may refer to New Zealand legislation or case law that is not directly relevant to other jurisdictions.

Access to justice and barriers to engagement

Webinar
Password: IJSwebinar
Duration: 38 min

Procedural fairness for the young and the vulnerable

His Honour Judge John Walker, NZ Principal Youth Court Judge and District Court judge

This paper focuses on the intersecting and inter-related issues of dealing with youth who present with some form of a mental health issue and/or immaturity in the criminal court. Delivered at Te Kura Kaiwhakawā's Judicial Intensive Orientation 2019.

Fostering engagement and procedural fairness in the youth justice system

A paper delivered by His Honour Judge John Walker, NZ Principal Youth Court Judge and District Court judge

The Honourable Justice Kós, President of the New Zealand Court of Appeal and Her Honour Judge Pippa Sinclair, NZ District Court judge

This webinar focuses on judge craft when delivering judgments, specifically language, the structure of a judgment, and content. You will hear fictional witnesses read their evidence, and go through the process of writing a judgment.

Note, passwords for Te Kura webinars are immediately below the link to the video.


This webinar is the intellectual property of Te Kura Kaiwhakawā, Institute of Judicial Studies. Permission has been granted by the presenters for the webinar to be shared with JPPF for the purpose of judicial training and education. This webinar may not be used for any other purpose. JPPF has determined this webinar may be useful to judges in the Pacific, although it was developed for a New Zealand audience and therefore may refer to New Zealand legislation or case law that is not directly relevant to other jurisdictions.

Oral and written judgments

Webinar
Password: IJSwebinar
Duration: 45 min

Draft judgment R v Goldsmith

Supporting materials

His Honour Judge Stephen O'Driscoll, NZ District Court judge

Decision making is at the heart of a judge’s role. This presentation discusses aspects of decision-making such as: when oral judgments should be given, dealing with inconsistent evidence, and the fundamentals of a decision. The module also contains a useful template for a decision which judges can use. 

A video presentation is under development.


This presentation is the intellectual property of Te Kura Kaiwhakawā, Institute of Judicial Studies. Permission has been granted by the presenter for the presentation to be shared with JPPF for the purpose of judicial training and education. This webinar may not be used for any other purpose. JPPF has determined this webinar may be useful to judges in the Pacific, although it was developed for a New Zealand audience and therefore may refer to New Zealand legislation or case law that is not directly relevant to other jurisdictions.

Fact-finding and decision making

Powerpoint presentation

His Honour Judge Stephen O'Driscoll, NZ District Court judge and Her Honour Judge Barbara Morris, NZ District Court judge

This webinar covers the various circumstances in which litigants can be self-represented and highlights available research and resources on self-represented litigants. You will also be introduced to the “three Rs”: Recognise, Relate, Respond.

Note, passwords for Te Kura webinars are immediately below the link to the video.


This webinar is the intellectual property of Te Kura Kaiwhakawā, Institute of Judicial Studies. Permission has been granted by the presenters for the webinar to be shared with JPPF for the purpose of judicial training and education. This webinar may not be used for any other purpose. JPPF has determined this webinar may be useful to judges in the Pacific, although it was developed for a New Zealand audience and therefore may refer to New Zealand legislation or case law that is not directly relevant to other jurisdictions.

Self-represented litigants

Webinar
Password: IJSwebinar
Duration: 60 min

Self-represented litigants

Self-represented litigants powerpoint presentation

His Honour Judge John Walker, NZ Principal Youth Court Judge and District Court judge, and Her Honour Judge Jane Farish, NZ District Court judge

Knowing about family violence, its prevalence and dynamics is very important to the work that judges do. In this webinar you will learn how to respond effectively to family violence by applying the rules of evidence and procedure.

Note, passwords for Te Kura webinars are immediately below the link to the video.


This webinar is the intellectual property of Te Kura Kaiwhakawā, Institute of Judicial Studies. Permission has been granted by the presenters for the webinar to be shared with JPPF for the purpose of judicial training and education. This webinar may not be used for any other purpose. JPPF has determined this webinar may be useful to judges in the Pacific, although it was developed for a New Zealand audience and therefore may refer to New Zealand legislation or case law that is not directly relevant to other jurisdictions.

Family violence and the law

Webinar
Password: IJSwebinar
Duration: 60 min

Family violence cheat sheet

Supporting materials

These papers and webinars on a variety of matters realting to children and youth were delivered to New Zealand judges at various Te Kura Kaiwhakawā programmes over the past two years.

This module includes two videos featuring JPPF judicial education advisor, Sir David Carruthers as he discusses the Aotearoa/New Zealand Youth Justice system. It includes a discussion with Sergeant Jason Evans from the NZ Police and covers the principles underlying the work of the police and judiciary and provides examples of successful early intervention.

Learning outcomes

By the end of this module participants will:

  • Consider accountability of young people based on knowledge about brain development and age
  • Consider the underlying causes of offending for young people who come before them
  • Involve and harness the strengths of whanau and the wider community to improve outcomes for young offenders
  • Promote victims’ involvement and interests
  • Employ a system-wide, team approach to youth justice
  • Look for alternatives to young people appearing in the justice system and heading to prison, i.e keeping young people away from court and diverting them once they are there
  • Recognise effective youth justice activities happening in their own country
  • Use judicial discretion to look for better outcomes for young people that appear before the courts
  • Support young offenders and their families through judicial leadership, such as:
    • influencing future decisions by police by appropriate questioning and ‘judicial encouragement’;
    • initiating cross-sector discussions to move to a better system-wide approach.

 

 

Aotearoa/New Zeland's youth justice system: A discussion with the NZ Police

In this video Sir David Carruthers chats with Sgt Jason Evans from the NZ Police.

DURATION: 31 min
PASSWORD: JPPF

Aotearoa/New Zealand's youth justice system

In this video Sir David Carruthers explores the elements of the New Zealand youth justice system that increase better outcomes for young people.

DURATION: 17 min
PASSWORD: JPPF

His Honour Judge John Walker, NZ Principal Youth Court Judge and District Court judge and Her Honour Judge Barbara Morris, NZ District Court Judge

This webinar looks at the characteristics of people who come to court such as neurodisabilities and trauma. The presenters consider how these characteristics might prevent a witness or defendant being able to fully participate in court and provide solution-focused practical tips for fostering participation and engagement.

Note, passwords for Te Kura webinars are immediately below the link to the video.


This webinar is the intellectual property of Te Kura Kaiwhakawā, Institute of Judicial Studies. Permission has been granted by the presenters for the webinar to be shared with JPPF for the purpose of judicial training and education. This webinar may not be used for any other purpose. JPPF has determined this webinar may be useful to judges in the Pacific, although it was developed for a New Zealand audience and therefore may refer to New Zealand legislation or case law that is not directly relevant to other jurisdictions.

Access to justice and barriers to engagement

Webinar
Password: IJSwebinar
Duration: 38 min

Fostering engagement and procedural fairness in the youth justice system

A paper delivered by His Honour Judge John Walker, NZ Principal Youth Court Judge and District Court judge

Procedural fairness for the young and the vulnerable

His Honour Judge John Walker, NZ Principal Youth Court Judge and District Court judge

This paper focuses on the intersecting and inter-related issues of dealing with youth who present with some form of a mental health issue and/or immaturity in the criminal court. Delivered at Te Kura Kaiwhakawā's Judicial Intensive Orientation 2019.

Putting the defendant in the room

Rt Hon Dame Helen Winkelmann, Chief Justice of New Zealand
Keynote presentation given at the annual Criminal Bar Assosciation Conference, University of Auckland, 2019.

Dr Shona Minson, Post-Doctoral Fellow, Centre for Criminology, Oxford University

The aim of this webinar is to consider how dependent children are considered in sentencing decisions when their parent is being sentenced. Dr Shona Minson, a British Academy Post-Doctoral Fellow at the Centre for Criminology at Oxford presented her research on this topic which displayed a lack of concern for children whose primary carers are before the court for sentencing in England and Wales. 

Note, passwords for Te Kura webinars are immediately below the link to the video.


This webinar is the intellectual property of Te Kura Kaiwhakawā, Institute of Judicial Studies. Permission has been granted by the presenter for the webinar to be shared with JPPF for the purpose of judicial training and education. This webinar may not be used for any other purpose. JPPF has determined this webinar may be useful to judges in the Pacific, although it was developed for a New Zealand audience and therefore may refer to New Zealand legislation or case law that is not directly relevant to other jurisdictions.

Children’s rights in sentencing

Webinar
Password: IJSwebinar
Duration: 38 min

Dr Ian Lambie

This webinar discusses the high prevalence of neurodisabilities and mental health problems in prisoners, and the implications that these issues have for people who commit crime, and how they might present in the courtroom.

Note, passwords for Te Kura webinars are immediately below the link to the video.

Dr Ian Lambie is Science Advisor for the NZ Justice Sector (Ministry of Justice, Department of Corrections and Police) and Professor in Clinical Psychology at the University of Auckland, where he teaches clinical, forensic, child and adolescent psychology. His specialist clinical and research interests are in child and adolescent mental health, childhood trauma and youth justice, building on more than 30 years’ experience working with children and adolescents with severe conduct problems and trauma, and their families, carers and service-providers.


This webinar is the intellectual property of Te Kura Kaiwhakawā, Institute of Judicial Studies. Permission has been granted by the presenter for the webinar to be shared with JPPF for the purpose of judicial training and education. This webinar may not be used for any other purpose. JPPF has determined this webinar may be useful to judges in the Pacific, although it was developed for a New Zealand audience and therefore may refer to New Zealand legislation or case law that is not directly relevant to other jurisdictions.

The body keeps the score

Webinar
Password: IJSwebinar
Duration: 50 min

Is there something wrong or are they just putting it on?

Dr Ian Lambie, Science Advisor for the NZ Justice Sector (Ministry of Justice, Department of Corrections and Police), Professor in Clinical Psychology, University of Auckland

Supporting document which discusses neurodisabilities and mental health problems in prisoners.

What were they thinking?

Dr Ian Lambie, Science Advisor for the NZ Justice Sector (Ministry of Justice, Department of Corrections and Police), Professor in Clinical Psychology, University of Auckland

A discussion paper on brain and behaviour in relation to the justice system in NZ.

Here are a range of resources we think you might find useful.  Give us some feedback  via the feedback form, which takes only a couple of minutes to complete. This lets us know which resources people are using, whether they are helpful and what else we might provide. Do you know of other useful resources we could include?  Contact us and let us know.

Solution-focused justice for young people

His Honour Judge John Walker, NZ Principal Youth Court Judge and District Court judge; His Honour Judge Tony Fitzgerald, NZ District Court judge; Nadine Ward, previously Clerk to the NZ Principal Youth Court Judge

This paper provides a general overview of the youth justice system in New Zealand, as carved out by the Oranga Tamariki Act 1989, and how the court operates as a solution-focused court. Delivered at Te Kura Kaiwhakawā's Youth Court Orientation 2019.

Child-friendly judgments

Emily Bruce, Youth Advocate in the Porirua Court NZ, Kathryn Hollingsworth, Professor of Law in Newcastle Law School, UK.

This paper focuses on how to achieve "child friendly judgment communication", particularly against the backdrop of judgment reasons the court must provide under ss 10 and 11 of the Oranga Tamariki Act 1989. This approach is child-centric. Delivered at Te Kura Kaiwhakawā's Youth Court Orientation 2019.

Procedural fairness for the young and the vulnerable

His Honour Judge John Walker, NZ Principal Youth Court Judge and District Court judge

This paper focuses on the intersecting and inter-related issues of dealing with youth who present with some form of a mental health issue and/or immaturity in the criminal court. Delivered at Te Kura Kaiwhakawā's Judicial Intensive Orientation 2019.

Vulnerable witnesses and the Evidence Act 2006

HIs Honour Judge Stephen Harrop, NZ District Court judge

This paper reviews how the Evidence Act 2006 caters for promoting fairness to vulnerable witnesses, namely with reference to four main topics: 1) communication assistance; 2) unacceptable questions; 3) restrictions on cross-examination by parties in person; and 4) alternative ways of giving evidence. Although relating to NZ's Evidence Act, this is likely to be relevant for Pacific judges as the Act substantially codifies common law principles. Delivered at Te Kura Kaiwhakawā’s Evidence and Procedure programme, 2019.

Plain language alternatives to Latin

Judge Pippa Sinclair, NZ District Court judge

This 1-page handout provides a list of alternative words/phrases to latin legal terms. Delivered at Te Kura Kaiwhakawā's Oral Judgments programme 2019.

Plain language alternatives to legalisms

Her Honour Judge Pippa Sinclair, NZ District Court judge

This 1-page handout provides a list of alternative words/phrases to latin legalisms. Delivered at Te Kura Kaiwhakawā's Oral Judgments programme 2019.

Reaching diverse audiences

Her Honour Judge Pippa Sinclair, NZ District Court judge

This 1-page handout provides several tips to achieve effective judgment writing that can be understood by the participants in the legal matter, with particular regard to people who present with cognitive disabilities, English as a second language, and people with a gender and ethnic bias imposed upon them. It is also relevant to children and young people.
This paper was delivered at Te Kura Kaiwhakawā’s Oral Judgments programme, 2019.

Dynamics of family violence: Risk factors for children in family violence cases

Kiriana Tan, NZ Family Violence Death Review Committee

This brief 3-page handout outlines a summary of research-informed risk factors that may be present for children when contact issues arise, and what considerations to look out for. Delivered at Te Kura Kaiwhakawā's Family Violence programme 2019.

Prosecuting family violence offending Recognising and investigating strangulation: Guide for Police

Inspector Fleur De Becs, NZ Police

This 4-page handout provides a breakdown of signs and symptoms of strangulation to identify when this has occurred to a victim, and also discusses evidence, evidential sufficiency and follow up tasks to take in the investigation. Delivered at Te Kura Kaiwhakawā’s Family Violence programme, 2019.

Conducting successful memory interviews with children

Dr Deidre Brown, School of Psychology, Victoria University; Dr Rachel Zajac, Psychology Department, University of Otago

This article provides a framework for devising a general approach to memory interviews with children which is evidence-based and practical. Delivered at Te Kura Kaiwhakawā's Managing Sexual Violence Trials programme 2019.

Evidence Act 2006: Family violence context

Professor Elizabeth McDonald MNZM University of Canterbury

This chapter from the NZ Family Violence Bench Book provides an overview of family violence, offering some introductory observations about how the effects of family violence inflicted on victims can affect the giving of evidence. The chapter then goes on to outline the various scenarios of how to utilise the Evidence Act provisions for common issues that arise in family violence cases, for example, witnesses' refusal to give evidence, non-party disclosure applications, alternative ways of giving evidence. Although relating to NZ's Evidence Act, this is likely to be relevant for Pacific judges as the Act substantially codifies common law principles. Delivered at Te Kura Kaiwhakawā's Family Violence programme 2019.

Myths and misconceptions in sexual and family violence cases

His Honour Judge John Walker, NZ Principal Youth Court Judge and District Court judge; and Professor Elizabeth McDonald MNZM, University of Canterbury

This paper, a chapter of the New Zealand Law Commission's "Second Review of the Evidence Act 2006", outlines trial mechanisms to resolve jurors' commonly held beliefs of myths and misconceptions in sexual and family violence cases such as that not fighting off a defendant equates to consent to sexual acts, or that family violence must not be that serious because the victim did not leave. The paper primarily outlines three main ways of dealing with these issues: 1) expert evidence; 2) section 9 agreed statement; and 3) judicial directions. Although most Pacific jurisdictions do not conduct jury trials and this paper refers to NZ's Evidence Act, the matters raised in this paper will be relevant for judges conducting sexual and family violence offence trials. Delivered at Te Kura Kaiwhakawā’s Family Violence programme, 2019.

Dispelling confusion about Traumatic Dissociative Amnesia

Dr Richard McNally, Department of Psychology, Harvard University, Cambridge, MA

This brief 5-page article presents research establishing that a number of trauma dissociation instances related to child sexual abuse may not necessarily equate to an inability to remember the event. The article discusses the distinction between people who have repressed memories and people who have the ability to recall who have not in first instance repressed the event. Delivered at Te Kura Kaiwhakawā’s Managing Sexual Violence Trials programme, 2019.

Judicial control over questioning and closing addresses

The Honourable Justice William Young, NZ Supreme Court judge; The Rt Honourable Helen Winkelmann, Chief Justice of New Zealand

This paper discusses trial management of sexual cases, to the extent that the presiding judge has the ability to limit/control questions puts to vulnerable witnesses. This is primarily focused on the New Zealand legal landscope, but reference is made to developments in the England, Wales and Scotland. This paper was delivered at Te Kura Kaiwhakawā’s Managing Sexual Violence Trials programme 2019.

Jury directions in sex offence trials

The Honourable Justice William Young, NZ Supreme Court judge, The Honourable Justice Rachel Dunningham, NZ High Court judge

This paper summarises a trial judge's obligation to explain consent, and to explain factors which may impact on that, including intoxication and unconsciousness, as well as to consider how judges can give directions to address preconceptions about sexual offending to ensure the jury's deliberations are not adversely affected by them. Although most Pacific jurisdictions do not conduct jury trials and this relates to NZ's Evidence Act, the matters raised in this paper will be relevant for judges conducting sexual offence trials. This paper was delivered at Te Kura Kaiwhakawā’s Managing Sexual Violence Trials programme 2019

Is there something really wrong or are they just putting it on?

Professor Ian Lambie, Science Advisor for the NZ Justice Sector (Ministry of Justice, Department of Corrections and Police) and Professor in Clinical Psychology at the University of Auckland

South Pacific Council of Youth and Children’s Courts: Fifteen point assessment of a youth justice system

The fifteen points in this assessment result from consultation with SPCYCC members and are based on Principal Youth Court Judge of New Zealand, Judge Andrew Becroft’s paper “10 Characteristics of a Good Youth Justice System”, created for the Pacific Judicial Development Programme.

Court in the act: Issue 86

Publication from the Youth Court of New Zealand, September 2020.

This isssue focuses on youth with communication difficulties and the positive impact of communication assistance on the outcomes for youth in Aotearoa, New Zealand.

These papers and webinars on a variety of matters relating to self-represented litigants (also called litigants in person or unrepresented litigants) were delivered to New Zealand judges at various Te Kura Kaiwhakawā programmes over the past two years.

His Honour Judge Stephen O'Driscoll, NZ District Court judge and Her Honour Judge Barbara Morris, NZ District Court Judge

This webinar covers the various circumstances in which litigants can be self-represented and highlights available research and resources on self-represented litigants. You will also be introduced to the “three Rs”: Recognise, Relate, Respond.

Note, passwords for Te Kura webinars are immediately below the link to the video.


This webinar is the intellectual property of Te Kura Kaiwhakawā, Institute of Judicial Studies. Permission has been granted by the presenters for the webinar to be shared with JPPF for the purpose of judicial training and education. This webinar may not be used for any other purpose. JPPF has determined this webinar may be useful to judges in the Pacific, although it was developed for a New Zealand audience and therefore may refer to New Zealand legislation or case law that is not directly relevant to other jurisdictions.

Self-represented litigants

Webinar
Password: IJSwebinar
Duration: 60 min

Self-represented litigants

Self-represented litigants powerpoint presentation

Here are a range of resources we think you might find useful.  Give us some feedback  via the feedback form, which takes only a couple of minutes to complete. This lets us know which resources people are using, whether they are helpful and what else we might provide. Do you know of other useful resources we could include?  Contact us and let us know.

Reaching diverse audiences

Her Honour Judge Pippa Sinclair, NZ District Court judge

This 1-page handout provides several tips to achieve effective judgment writing that can be understood by the participants in the legal matter, with particular regard to people who present with cognitive disabilities, English as a second language, and people with a gender and ethnic bias imposed upon them. It is also relevant to children and young people.
This paper was delivered at Te Kura Kaiwhakawā’s Oral Judgments programme, 2019.

From bear gardens to the county court -- Creating the litigant in person

Dr Kate Leader, PhD (LSE), University of York

Published in Cambridge Law Journal 2020 this article explores the long-standing negative attitudes towards litigants in person (LiPs). How did we get here? This is article seeks to answer that question, analysing when the term LiP first appears, and the context in which this occurs.

The litigant in person -- an overview

Institute of Judicial Studies, 2010

This short paper identifies the different classes of litigants and discusses the psychological, behavioural and physiological issues that arise when certain types of self-represented litigants are involved; including, the possibility of a self-represented litigant’s behaviour in Court changing, as a result of the way in which the hearing is conducted.

These papers and webinars on a variety of matters relating to decision making and judgment writing were delivered to New Zealand judges at various Te Kura Kaiwhakawā programmes over the past two years.

The Honourable Justice Kós, President of the NZ Court of Appeal and Her Honour Judge Pippa Sinclair, NZ District Court judge

This webinar focuses on judge craft when delivering judgments, specifically language, the structure of a judgment, and content. You will hear fictional witnesses read their evidence, and go through the process of writing a judgment.

Note, passwords for Te Kura webinars are immediately below the link to the video.


This webinar is the intellectual property of Te Kura Kaiwhakawā, Institute of Judicial Studies. Permission has been granted by the presenters for the webinar to be shared with JPPF for the purpose of judicial training and education. This webinar may not be used for any other purpose. JPPF has determined this webinar may be useful to judges in the Pacific, although it was developed for a New Zealand audience and therefore may refer to New Zealand legislation or case law that is not directly relevant to other jurisdictions.

Oral and written judgments

Webinar
Password: IJSwebinar
Duration: 45 min

Draft judgment R v Goldsmith

Supporting materials

Here are a range of resources we think you might find useful.  Give us some feedback  via the feedback form, which takes only a couple of minutes to complete. This lets us know which resources people are using, whether they are helpful and what else we might provide. Do you know of other useful resources we could include?  Contact us and let us know.

Issue-driven judgments presentation

The Honourable Justice Kós, President of the NZ Court of Appeal and Her Honour Judge Pippa Sinclair, NZ District Court judge
Powerpoint presentation

Fact-finding and decision-making

His Honour Judge Stephen O'Driscoll, NZ District Court judge
Powerpoint presentation

Reaching diverse audiences

Her Honour Judge Pippa Sinclair, NZ District Court judge

This 1-page handout provides several tips to achieve effective judgment writing that can be understood by the participants in the legal matter, with particular regard to people who present with cognitive disabilities, English as a second language, and people with a gender and ethnic bias imposed upon them. It is also relevant to children and young people.
This paper was delivered at Te Kura Kaiwhakawā’s Oral Judgments programme, 2019.

These papers and webinars on a variety of matters relating to communication in court were delivered to New Zealand judges at various Te Kura Kaiwhakawā programmes over the past two years.

Michelle Bonetti, Moretalk NZ and court-appointed Communication Assistant and Sally Kedge, Talking Trouble Aotearoa and court-appointed Communication Assistant

This webinar looks at aspects of communication vulnerability in the trial setting. Court-appointed communication assistants talk about how to identify communication vulnerability and strategies that can be adopted to meet the needs of vulnerable witnesses and defendants.

Note, passwords for Te Kura webinars are immediately below the link to the video.

Michelle Bonetti: With a background of over 25 years as a Speech Language Therapist, Michelle Bonetti has also held team and service leader roles in both education and health. Michelle has run a successful private practice “Moretalk” since 2012. She was the first SLT in NZ to be engaged by the Ministry of Justice, as a Communication Assistant (CA), and following specialist training in the England, now provides mentoring and supervision to a growing group of CA contractors around the country. Michelle has been engaged as a presenter for training of judiciary and other legal professionals and is working with the Ministry of Justice in the re-design of the Communication Assistance service.

Sally Kedge is a speech-language therapist and court-appointed Communication Assistant. She is the Director of a social enterprise, Talking Trouble Aotearoa NZ which is concerned with addressing the speech, language and communication needs of people involved with justice, care and protection, mental health and behaviour services. Sally is based in Auckland, New Zealand although the team of over 20 Talking Trouble specialist speech-language therapists work all over NZ providing therapeutic speech-language therapy services, professional and service development projects, and communication assistant roles in courts, Family Group Conferences and related settings.

Sally has worked in the UK and New Zealand as a speech-language therapist for 23 years, 18 of those in New Zealand, predominantly with children and young people. She has been involved research and clinical education at The University of Auckland and is an Expert Advisor to the New Zealand Speech-Language Therapists' Association.


This webinar is the intellectual property of Te Kura Kaiwhakawā, Institute of Judicial Studies. Permission has been granted by the presenters for the webinar to be shared with JPPF for the purpose of judicial training and education. This webinar may not be used for any other purpose. JPPF has determined this webinar may be useful to judges in the Pacific, although it was developed for a New Zealand audience and therefore may refer to New Zealand legislation or case law that is not directly relevant to other jurisdictions.

Here are a range of resources we think you might find useful.  Give us some feedback  via the feedback form, which takes only a couple of minutes to complete. This lets us know which resources people are using, whether they are helpful and what else we might provide. Do you know of other useful resources we could include?  Contact us and let us know.

Vulnerable witnesses and the Evidence Act 2006

HIs Honour Judge Stephen Harrop, NZ District Court judge

This paper reviews how the Evidence Act 2006 caters for promoting fairness to vulnerable witnesses, namely with reference to four main topics: 1) communication assistance; 2) unacceptable questions; 3) restrictions on cross-examination by parties in person; and 4) alternative ways of giving evidence. Although relating to NZ's Evidence Act, this is likely to be relevant for Pacific judges as the Act substantially codifies common law principles. Delivered at Te Kura Kaiwhakawā’s Evidence and Procedure programme, 2019.

Plain language alternatives to legalisms

Her Honour Judge Pippa Sinclair, NZ District Court judge

This 1-page handout provides a list of alternative words/phrases to latin legalisms. Delivered at Te Kura Kaiwhakawā's Oral Judgments programme 2019.

Plain language alternatives to Latin

Judge Pippa Sinclair, NZ District Court judge

This 1-page handout provides a list of alternative words/phrases to latin legal terms. Delivered at Te Kura Kaiwhakawā's Oral Judgments programme 2019.

Reaching diverse audiences

Her Honour Judge Pippa Sinclair, NZ District Court judge

This 1-page handout provides several tips to achieve effective judgment writing that can be understood by the participants in the legal matter, with particular regard to people who present with cognitive disabilities, English as a second language, and people with a gender and ethnic bias imposed upon them. It is also relevant to children and young people.
This paper was delivered at Te Kura Kaiwhakawā’s Oral Judgments programme, 2019.

Judicial control over questioning and closing addresses

The Honourable Justice William Young, NZ Supreme Court judge; The Rt Honourable Helen Winkelmann, Chief Justice of New Zealand

This paper discusses trial management of sexual cases, to the extent that the presiding judge has the ability to limit/control questions puts to vulnerable witnesses. This is primarily focused on the New Zealand legal landscope, but reference is made to developments in the England, Wales and Scotland. This paper was delivered at Te Kura Kaiwhakawā’s Managing Sexual Violence Trials programme 2019.

These papers and webinars on a variety of matters relating to communication in court were delivered to New Zealand judges at various Te Kura Kaiwhakawā programmes over the past two years.

Dr Ian Lambie, Science Advisor for the NZ Justice Sector (Ministry of Justice, Department of Corrections and Police), Professor in Clinical Psychology, University of Auckland

This webinar discusses the high prevalence of neurodisabilities and mental health problems in prisoners, and the implications that these issues have for people who commit crime, and how they might present in the courtroom.

Note, passwords for Te Kura webinars are immediately below the link to the video.

Dr Ian Lambie is Science Advisor for the Justice Sector (Ministry of Justice, Department of Corrections and Police) and Professor in Clinical Psychology at the University of Auckland, where he teaches clinical, forensic, child and adolescent psychology. His specialist clinical and research interests are in child and adolescent mental health, childhood trauma and youth justice, building on more than 30 years’ experience working with children and adolescents with severe conduct problems and trauma, and their families, carers and service-providers.


This webinar is the intellectual property of Te Kura Kaiwhakawā, Institute of Judicial Studies. Permission has been granted by the presenter for the webinar to be shared with JPPF for the purpose of judicial training and education. This webinar may not be used for any other purpose. JPPF has determined this webinar may be useful to judges in the Pacific, although it was developed for a New Zealand audience and therefore may refer to New Zealand legislation or case law that is not directly relevant to other jurisdictions.

The body keeps the score

Webinar
Password: IJSwebinar
Duration: 50 min

What were they thinking?

Dr Ian Lambie, Science Advisor for the NZ Justice Sector (Ministry of Justice, Department of Corrections and Police), Professor in Clinical Psychology, University of Auckland

A discussion paper on brain and behaviour in relation to the justice system in NZ.

Is there something really wrong or are they just putting it on?

Professor Ian Lambie, Science Advisor for the NZ Justice Sector (Ministry of Justice, Department of Corrections and Police) and Professor in Clinical Psychology at the University of Auckland

Here are a range of resources we think you might find useful.  Give us some feedback  via the feedback form, which takes only a couple of minutes to complete. This lets us know which resources people are using, whether they are helpful and what else we might provide. Do you know of other useful resources we could include?  Contact us and let us know.

Procedural fairness for the young and the vulnerable

His Honour Judge John Walker, NZ Principal Youth Court Judge and District Court judge

This paper focuses on the intersecting and inter-related issues of dealing with youth who present with some form of a mental health issue and/or immaturity in the criminal court. Delivered at Te Kura Kaiwhakawā's Judicial Intensive Orientation 2019.

A practical guide to the Criminal Procedure (Mentally Impaired Persons) Act 2003

Her Honour Judge Pippa Sinclair, NZ District Court judge

This paper offers a pragmatic step-by-step approach on how to trigger the fitness process under the Criminal Procedure (Mentally Impaired Persons) Act 2003 and what dispositions are available if a defendant is found not guilty by reason of insanity. Although Pacific jurisdictions will not have the same legislation, we have included this paper as it may be useful for those considering procedural fairness when defendants may be mentally impaired.

Is there something really wrong or are they just putting it on?

Professor Ian Lambie, Science Advisor for the NZ Justice Sector (Ministry of Justice, Department of Corrections and Police) and Professor in Clinical Psychology at the University of Auckland

What were they thinking?

Dr Ian Lambie, Science Advisor for the NZ Justice Sector (Ministry of Justice, Department of Corrections and Police), Professor in Clinical Psychology, University of Auckland

A discussion paper on brain and behaviour in relation to the justice system in NZ.

These papers and webinars on a variety of matters relating to sentencing were delivered to New Zealand judges at various Te Kura Kaiwhakawā programmes over the past two years.

Dr Shona Minson, Post-Doctoral Fellow, Centre for Criminology, Oxford University

The aim of this webinar is to consider how dependent children are considered in sentencing decisions when their parent is being sentenced. Dr Shona Minson, a British Academy Post-Doctoral Fellow at the Centre for Criminology at Oxford presents her research on this topic which displayed a lack of concern for children whose primary carers are before the court for sentencing in England and Wales.

Note, passwords for Te Kura webinars are immediately below the link to the video.


This webinar is the intellectual property of Te Kura Kaiwhakawā, Institute of Judicial Studies. Permission has been granted by the presenter for the webinar to be shared with JPPF for the purpose of judicial training and education. This webinar may not be used for any other purpose. JPPF has determined this webinar may be useful to judges in the Pacific, although it was developed for a New Zealand audience and therefore may refer to New Zealand legislation or case law that is not directly relevant to other jurisdictions.

Children’s rights in sentencing

Webinar
Password: IJSwebinar
Duration: 38 min

Here are a range of resources we think you might find useful.  Give us some feedback  via the feedback form, which takes only a couple of minutes to complete. This lets us know which resources people are using, whether they are helpful and what else we might provide. Do you know of other useful resources we could include?  Contact us and let us know.

Mitigating factors at sentencing

Carolyn Southey-Jensen, Judge’s Clerk to NZ Chief District Court Judge Taumaunu; Oliver Fredrickson, Judge’s Clerk to Chief District Court Judge Taumaunu, Carolyn Southey-Jensen, Judges' Clerk to Wellington District Court, Francessca Maslin, Bench Book Researcher to Te Kura Kaiwhakwā

This paper summarises recent case developments in the law pertaining to sentencing, with a particular focus on discounts awarded to recognise personal mitigating factors.

These papers and webinars on a variety of matters relating to sexual violence were delivered to New Zealand judges at various Te Kura Kaiwhakawā programmes over the past two years.

Kirsty Dempster Rivett

This webinar discussed what trauma is and its prevalence in people who appear in the courts. The presenter discussed different ways trauma might appear, and how that can impact on someone’s ability to give evidence or otherwise present in court. Participants were also encouraged to think about how they have seen trauma in their courtroom, and what strategies they might use in the future to develop their trauma informed practice.

Note, passwords for Te Kura webinars are immediately below the link to the video.

Since graduating from the University of Waikato, Kirsty have accumulated a diverse range of experience as a Clinical Psychologist. This has involved multiple roles within government agencies such as The Department of Corrections, Waikato District Health Board, as well as community-based practice, especially in collaboration with Waikato schools and Non-Government Organisations. Specifically, her career has focused on working with young people who have experienced significant childhood trauma that go on to offend. Kirsty has been a Teaching Fellow at the University Of Waikato for the last three years convening undergraduate and graduate papers on mental health and well-being. She is currently undertaking doctoral research entitled: Exploring the mechanisms linking child maltreatment and the perpetration of family harm.


This webinar is the intellectual property of Te Kura Kaiwhakawā, Institute of Judicial Studies. Permission has been granted by the presenters for the webinar to be shared with JPPF for the purpose of judicial training and education. This webinar may not be used for any other purpose. JPPF has determined this webinar may be useful to judges in the Pacific, although it was developed for a New Zealand audience and therefore may refer to New Zealand legislation or case law that is not directly relevant to other jurisdictions.

Transformative justice and trauma-informed practice

Password: IJSwebinar
Duration: 28 min

This webinar discussed what trauma is and its prevalence in people who appear in the courts. The presenter discussed different ways trauma might appear, and how that can impact on someone’s ability to give evidence or otherwise present in court. Participants were also encouraged to think about how they have seen trauma in their courtroom, and what strategies they might use in the future to develop their trauma informed practice.

Transformative justice presentation

Kirsty Dempster Rivett
Powerpoint.

Here are a range of resources we think you might find useful. Give us some feedback via the feedback form, which takes only a couple of minutes to complete. This lets us know which resources people are using, whether they are helpful and what else we might provide. Do you know of other useful resources we could include? Contact us and let us know.

Vulnerable witnesses and the Evidence Act 2006

HIs Honour Judge Stephen Harrop, NZ District Court judge

This paper reviews how the Evidence Act 2006 caters for promoting fairness to vulnerable witnesses, namely with reference to four main topics: 1) communication assistance; 2) unacceptable questions; 3) restrictions on cross-examination by parties in person; and 4) alternative ways of giving evidence. Although relating to NZ's Evidence Act, this is likely to be relevant for Pacific judges as the Act substantially codifies common law principles. Delivered at Te Kura Kaiwhakawā’s Evidence and Procedure programme, 2019.

Myths and misconceptions in sexual and family violence cases

His Honour Judge John Walker, NZ Principal Youth Court Judge and District Court judge; and Professor Elizabeth McDonald MNZM, University of Canterbury

This paper, a chapter of the New Zealand Law Commission's "Second Review of the Evidence Act 2006", outlines trial mechanisms to resolve jurors' commonly held beliefs of myths and misconceptions in sexual and family violence cases such as that not fighting off a defendant equates to consent to sexual acts, or that family violence must not be that serious because the victim did not leave. The paper primarily outlines three main ways of dealing with these issues: 1) expert evidence; 2) section 9 agreed statement; and 3) judicial directions. Although most Pacific jurisdictions do not conduct jury trials and this paper refers to NZ's Evidence Act, the matters raised in this paper will be relevant for judges conducting sexual and family violence offence trials. Delivered at Te Kura Kaiwhakawā’s Family Violence programme, 2019.

Conducting successful memory interviews with children

Dr Deidre Brown, School of Psychology, Victoria University; Dr Rachel Zajac, Psychology Department, University of Otago

This article provides a framework for devising a general approach to memory interviews with children which is evidence-based and practical. Delivered at Te Kura Kaiwhakawā's Managing Sexual Violence Trials programme 2019.

Memory as evidence: How normal features of victim memory lead to the attrition of rape complaints

Katrin Hohl and Martin A Conway, City University of London, presented by Dr Deidre Brown, School of Psychology, Victoria University

This UK article states that the 'usual' indicators for which the veractiy and credibility of witness testimony is assessed (such as in detail, specifics and consistencies (or inconsistencies) in evidence) are poor indicators of the accuracy of a memory, as informed by a memory research perspective. Delivered at Te Kura Kaiwhakawā's Managing Sexual Violence Trials programme 2019

Lawyers' strategies for cross examining rape complainants: Have we moved beyond the 1950s?

Sarah Zydervelt, Psychology Department, University of Otago, Rachel Zajac, Psychology Department, University of Otago, Andy Kaladelfos, Griffith Criminology Institute, Griffith University and Nina Westera, Griffith Criminology Institute, Griffith University

This article draws comparisons between defence counsel cross-examination in the 1950s to the 21st century, concluding that the tactcis adopted are very similar across the time period. Delivered at Te Kura Kaiwhakawā's Managing Sexual Violence Trials programme 2019.

Dispelling confusion about Traumatic Dissociative Amnesia

Dr Richard McNally, Department of Psychology, Harvard University, Cambridge, MA

This brief 5-page article presents research establishing that a number of trauma dissociation instances related to child sexual abuse may not necessarily equate to an inability to remember the event. The article discusses the distinction between people who have repressed memories and people who have the ability to recall who have not in first instance repressed the event. Delivered at Te Kura Kaiwhakawā’s Managing Sexual Violence Trials programme, 2019.

Memory development: Implications for adults recalling childhood experiences in the courtroom

Dr Mark L. Howe, Professor of Psychology, City University London

This brief 9-page article provides that memory research does not support the 'common sense' notions that judges and jurors use when assessing memory recollection of childhood abuse, and that recollections will often present with fragmentation and that regard should be had to the age of the witness at the time of the event, and that stress can impair the encoding of the memory and affect the subsequent recalling of specific details. Delivered at Te Kura Kaiwhakawā's Managing Sexual Violence Trials programme 2019.

Judicial control over questioning and closing addresses

The Honourable Justice William Young, NZ Supreme Court judge; The Rt Honourable Helen Winkelmann, Chief Justice of New Zealand

This paper discusses trial management of sexual cases, to the extent that the presiding judge has the ability to limit/control questions puts to vulnerable witnesses. This is primarily focused on the New Zealand legal landscope, but reference is made to developments in the England, Wales and Scotland. This paper was delivered at Te Kura Kaiwhakawā’s Managing Sexual Violence Trials programme 2019.

Jury directions in sex offence trials

The Honourable Justice William Young, NZ Supreme Court judge, The Honourable Justice Rachel Dunningham, NZ High Court judge

This paper summarises a trial judge's obligation to explain consent, and to explain factors which may impact on that, including intoxication and unconsciousness, as well as to consider how judges can give directions to address preconceptions about sexual offending to ensure the jury's deliberations are not adversely affected by them. Although most Pacific jurisdictions do not conduct jury trials and this relates to NZ's Evidence Act, the matters raised in this paper will be relevant for judges conducting sexual offence trials. This paper was delivered at Te Kura Kaiwhakawā’s Managing Sexual Violence Trials programme 2019

Memory challenges

Dr Deidre Brown, School of Psychology, Victoria University; Dr Rachel Zajac, Psychology Department, University of Otago; Professor Elisabeth McDonald, MNZM, University of Canterbury; The Honourable Justice William Young, Retired Judge of the High Court, Court of Appeal and Supreme Court

This 9-page workshop paper provides an overview of trial dynamics, general knowledge of jurors, expert evidence, agreed statements, explanatory judicial directions and s 122 of the Evidence Act 2006. Although most Pacific jurisdictions do not conduct jury trials and this relates to NZ's Evidence Act, the matters raised in this paper will be relevant for judges conducting sexual violence trials.

Gender stereotyping - VAW report

Jaspreet K. Singh, Hansdeep Singh, Erin Thomas and Natalie Druce of the International Center for Advocates Against Discrimination (ICAAD)

This 2020 report, commissioned by Sisters For Change, explores the link between gender bias and stereotyping and violence against women and girls. The report examines the scope of gender-based violence against women and girls in the Pacific Island Region and provides an in-depth analyses of the impact of gender bias and stereotyping on judicial decisions in violence against women cases across seven countries in the Commonwealth Pacific Island Region – Fiji, Vanuatu, Tonga, Samoa, Solomon Islands, Papua New Guinea, and Kiribati.

An Analysis of Judicial Sentencing Practices in Sexual & Gender-Based Violence Cases in the Pacific Island Region

Emily Christie, Human Rights Lawyer; DLA Piper Hansdeep Singh, Co-Founder, ICAAD; and Jaspreet K. Singh, Co-Founder, ICAAD

This report looks at factors raised and considered during the sentencing phase including arguments in mitigation of sentence. Analysing 908 sentencing records involving SGBV in seven PICs: Fiji, Samoa, Solomon Islands, Tonga, PNG, Kiribati and Vanuatu. Last updated 2016.

These papers on a variety of matters relating to evidence, were delivered to New Zealand judges at various Te Kura Kaiwhakawā programmes over the past two years.

The fundamentals of admissibility: Purpose, relevance and probative value

Professor Elizabeth McDonald MNZM, University of Canterbury

This paper provides a detailed consideration, with reference to case law, of evidence admissibility issues pertaining to relevance (the 7 gateway provision) and determining whether that evidence be excluded or included balanced against the probative value and/or prejudicial effect (s 8) the proposed evidence carries. Although relating to NZ's Evidence Act, this is likely to be relevant for Pacific judges as the Act substantially codifies common law principles. Delivered at Te Kura Kaiwhakawā's Evidence and Procedure programme 2019.

Evidence of veracity or propensity

Professor Elizabeth McDonald MNZM, University of Canterbury

This paper provides a detailed consideration, with reference to case law, of evidence proffered for the purpose of veracity (s 37) or propensity (s 40) and what the thresholds are for such evidence to be admissible. Although relating to NZ's Evidence Act, this is likely to be relevant for Pacific judges as the Act substantially codifies common law principles. Delivered at Te Kura Kaiwhakawā's Evidence and Procedure programme 2019.

Hearsay

The Honourable Justice Matthew Downs, NZ High Court judge and Editor of Cross on Evidence and co-author of its 2017 edition.

This paper offers a break-down summary of the law of hearsay, including what is and is not a hearsay statement and how hearsay statements may be admissible in proceedings. Although relating to NZ's Evidence Act, this is likely to be relevant for Pacific judges as the Act substantially codifies common law principles. Delivered at Te Kura Kaiwhakawā's Evidence and Procedure programme 2019.

Previous consistent and inconsistent statements

The Honourable Justice Matthew Downs, NZ High Court Judge and Editor of Cross on Evidence and co-author of its 2017 edition.

This paper provides a summary of the general prohibition against the admission of previous consistent statements under s 35, the exceptions for admission of previous consistent statements (s 35(2) and s 90(5) and (7)) as well as the ability to admit previous inconsistent statements in accordance with ss 7 and 8. Although relating to NZ's Evidence Act, this is likely to be relevant for Pacific judges as the Act substantially codifies common law principles. Delivered at Te Kura Kaiwhakawā's Evidence and Procedure programme 2019.

Identification evidence

The Honourable Justice Matthew Palmer, NZ High Court judge

This paper provides a review of identification issues and how these are practiclaly dealt with in court proceedings. Although relating to NZ's Evidence Act, this is likely to be relevant for Pacific judges as the Act substantially codifies common law principles. Delivered at Te Kura Kaiwhakawā's Evidence and Procedure programme 2019.

Propensity: Application of ss 40, 43

The Honourable Raynor Asher, former NZ Court of Appeal Judge

This paper provides a detailed summary, with reference to case law, of working through propensity issues of proposed evidence in a case with regard to assessing the probative value of the evidnece. One of the examples of propensity evidence discussed relates to previous convictions. Although relating to NZ's Evidence Act, this is likely to be relevant for Pacific judges as the Act substantially codifies common law principles. Delivered at Te Kura Kaiwhakawā's Evidence and Procedure programme 2019.

Vulnerable witnesses and the Evidence Act 2006

HIs Honour Judge Stephen Harrop, NZ District Court judge

This paper reviews how the Evidence Act 2006 caters for promoting fairness to vulnerable witnesses, namely with reference to four main topics: 1) communication assistance; 2) unacceptable questions; 3) restrictions on cross-examination by parties in person; and 4) alternative ways of giving evidence. Although relating to NZ's Evidence Act, this is likely to be relevant for Pacific judges as the Act substantially codifies common law principles. Delivered at Te Kura Kaiwhakawā’s Evidence and Procedure programme, 2019.

Defendants' statements, improperly obtained evidence and the right to silence

The Honourable Justice Matthew Downs, NZ High Court judge and Editor of Cross on Evidence and co-author of its 2017 edition.

This paper provides a focused analysis on statements by defendants as assessed through ss 28, 29 and 30 pertaining to statements obtained by oppression, confessionaly statements made in contexts which may be unreliable and improperly obtained statements. Although relating to NZ's Evidence Act, this is likely to be relevant for Pacific judges as the Act substantially codifies common law principles. Delivered at Te Kura Kaiwhakawā's Evidence and Procedure programme 2019.

Jury directions in sex offence trials

The Honourable Justice William Young, NZ Supreme Court judge, The Honourable Justice Rachel Dunningham, NZ High Court judge

This paper summarises a trial judge's obligation to explain consent, and to explain factors which may impact on that, including intoxication and unconsciousness, as well as to consider how judges can give directions to address preconceptions about sexual offending to ensure the jury's deliberations are not adversely affected by them. Although most Pacific jurisdictions do not conduct jury trials and this relates to NZ's Evidence Act, the matters raised in this paper will be relevant for judges conducting sexual offence trials. This paper was delivered at Te Kura Kaiwhakawā’s Managing Sexual Violence Trials programme 2019

Evidence Act 2006: Family violence context

Professor Elizabeth McDonald MNZM University of Canterbury

This chapter from the NZ Family Violence Bench Book provides an overview of family violence, offering some introductory observations about how the effects of family violence inflicted on victims can affect the giving of evidence. The chapter then goes on to outline the various scenarios of how to utilise the Evidence Act provisions for common issues that arise in family violence cases, for example, witnesses' refusal to give evidence, non-party disclosure applications, alternative ways of giving evidence. Although relating to NZ's Evidence Act, this is likely to be relevant for Pacific judges as the Act substantially codifies common law principles. Delivered at Te Kura Kaiwhakawā's Family Violence programme 2019.

Myths and misconceptions in sexual and family violence cases

His Honour Judge John Walker, NZ Principal Youth Court Judge and District Court judge; and Professor Elizabeth McDonald MNZM, University of Canterbury

This paper, a chapter of the New Zealand Law Commission's "Second Review of the Evidence Act 2006", outlines trial mechanisms to resolve jurors' commonly held beliefs of myths and misconceptions in sexual and family violence cases such as that not fighting off a defendant equates to consent to sexual acts, or that family violence must not be that serious because the victim did not leave. The paper primarily outlines three main ways of dealing with these issues: 1) expert evidence; 2) section 9 agreed statement; and 3) judicial directions. Although most Pacific jurisdictions do not conduct jury trials and this paper refers to NZ's Evidence Act, the matters raised in this paper will be relevant for judges conducting sexual and family violence offence trials. Delivered at Te Kura Kaiwhakawā’s Family Violence programme, 2019.

Conducting successful memory interviews with children

Dr Deidre Brown, School of Psychology, Victoria University; Dr Rachel Zajac, Psychology Department, University of Otago

This article provides a framework for devising a general approach to memory interviews with children which is evidence-based and practical. Delivered at Te Kura Kaiwhakawā's Managing Sexual Violence Trials programme 2019.

Lawyers' strategies for cross examining rape complainants: Have we moved beyond the 1950s?

Sarah Zydervelt, Psychology Department, University of Otago, Rachel Zajac, Psychology Department, University of Otago, Andy Kaladelfos, Griffith Criminology Institute, Griffith University and Nina Westera, Griffith Criminology Institute, Griffith University

This article draws comparisons between defence counsel cross-examination in the 1950s to the 21st century, concluding that the tactcis adopted are very similar across the time period. Delivered at Te Kura Kaiwhakawā's Managing Sexual Violence Trials programme 2019.

Dispelling confusion about Traumatic Dissociative Amnesia

Dr Richard McNally, Department of Psychology, Harvard University, Cambridge, MA

This brief 5-page article presents research establishing that a number of trauma dissociation instances related to child sexual abuse may not necessarily equate to an inability to remember the event. The article discusses the distinction between people who have repressed memories and people who have the ability to recall who have not in first instance repressed the event. Delivered at Te Kura Kaiwhakawā’s Managing Sexual Violence Trials programme, 2019.

Memory development: Implications for adults recalling childhood experiences in the courtroom

Dr Mark L. Howe, Professor of Psychology, City University London

This brief 9-page article provides that memory research does not support the 'common sense' notions that judges and jurors use when assessing memory recollection of childhood abuse, and that recollections will often present with fragmentation and that regard should be had to the age of the witness at the time of the event, and that stress can impair the encoding of the memory and affect the subsequent recalling of specific details. Delivered at Te Kura Kaiwhakawā's Managing Sexual Violence Trials programme 2019.

Memory as evidence: How normal features of victim memory lead to the attrition of rape complaints

Katrin Hohl and Martin A Conway, City University of London, presented by Dr Deidre Brown, School of Psychology, Victoria University

This UK article states that the 'usual' indicators for which the veractiy and credibility of witness testimony is assessed (such as in detail, specifics and consistencies (or inconsistencies) in evidence) are poor indicators of the accuracy of a memory, as informed by a memory research perspective. Delivered at Te Kura Kaiwhakawā's Managing Sexual Violence Trials programme 2019

Memory challenges

Dr Deidre Brown, School of Psychology, Victoria University; Dr Rachel Zajac, Psychology Department, University of Otago; Professor Elisabeth McDonald, MNZM, University of Canterbury; The Honourable Justice William Young, Retired Judge of the High Court, Court of Appeal and Supreme Court

This 9-page workshop paper provides an overview of trial dynamics, general knowledge of jurors, expert evidence, agreed statements, explanatory judicial directions and s 122 of the Evidence Act 2006. Although most Pacific jurisdictions do not conduct jury trials and this relates to NZ's Evidence Act, the matters raised in this paper will be relevant for judges conducting sexual violence trials.

Judicial control over questioning and closing addresses

The Honourable Justice William Young, NZ Supreme Court judge; The Rt Honourable Helen Winkelmann, Chief Justice of New Zealand

This paper discusses trial management of sexual cases, to the extent that the presiding judge has the ability to limit/control questions puts to vulnerable witnesses. This is primarily focused on the New Zealand legal landscope, but reference is made to developments in the England, Wales and Scotland. This paper was delivered at Te Kura Kaiwhakawā’s Managing Sexual Violence Trials programme 2019.

These papers on a variety of matters relating to criminal jury trials were delivered to New Zealand judges at various Te Kura Kaiwhakawā programmes over the past two years. Although most Pacific jurisdictions do not have jury trials, they are useful for judges presiding over judge-alone trials as well.

Judicial directions unreliabilty and demeanour

Professor Elizabeth McDonald MNZM, University of Canterbury

This paper discusses the role of a jury direction, what scenarios may required such a direction, and the mandatory and discretionary nature of directions.
Delivered at Te Kura Kaiwhakawā's Evidence and Procedure programme 2019.

Myths and misconceptions in sexual and family violence cases

His Honour Judge John Walker, NZ Principal Youth Court Judge and District Court judge; and Professor Elizabeth McDonald MNZM, University of Canterbury

This paper, a chapter of the New Zealand Law Commission's "Second Review of the Evidence Act 2006", outlines trial mechanisms to resolve jurors' commonly held beliefs of myths and misconceptions in sexual and family violence cases such as that not fighting off a defendant equates to consent to sexual acts, or that family violence must not be that serious because the victim did not leave. The paper primarily outlines three main ways of dealing with these issues: 1) expert evidence; 2) section 9 agreed statement; and 3) judicial directions. Although most Pacific jurisdictions do not conduct jury trials and this paper refers to NZ's Evidence Act, the matters raised in this paper will be relevant for judges conducting sexual and family violence offence trials. Delivered at Te Kura Kaiwhakawā’s Family Violence programme, 2019.

Jury directions in sex offence trials

The Honourable Justice William Young, NZ Supreme Court judge, The Honourable Justice Rachel Dunningham, NZ High Court judge

This paper summarises a trial judge's obligation to explain consent, and to explain factors which may impact on that, including intoxication and unconsciousness, as well as to consider how judges can give directions to address preconceptions about sexual offending to ensure the jury's deliberations are not adversely affected by them. Although most Pacific jurisdictions do not conduct jury trials and this relates to NZ's Evidence Act, the matters raised in this paper will be relevant for judges conducting sexual offence trials. This paper was delivered at Te Kura Kaiwhakawā’s Managing Sexual Violence Trials programme 2019

Memory challenges

Dr Deidre Brown, School of Psychology, Victoria University; Dr Rachel Zajac, Psychology Department, University of Otago; Professor Elisabeth McDonald, MNZM, University of Canterbury; The Honourable Justice William Young, Retired Judge of the High Court, Court of Appeal and Supreme Court

This 9-page workshop paper provides an overview of trial dynamics, general knowledge of jurors, expert evidence, agreed statements, explanatory judicial directions and s 122 of the Evidence Act 2006. Although most Pacific jurisdictions do not conduct jury trials and this relates to NZ's Evidence Act, the matters raised in this paper will be relevant for judges conducting sexual violence trials.