Section Five: Natural Justice

Introduction

Whenever statutory authority over others is exercised, there are aspects of the exercise of that authority that make it 'fair' or 'not fair', which are collectively known as the rules of natural justice. These rules create potentially legally enforceable rights for citizens. Examples are the right to know what rule or law one has transgressed and the right to give one's own side of the story.

However insignificant a charge or offence might seem, a person coming to court has an expectation of being treated fairly: and when treated fairly - even if the outcome goes against them - people usually go away satisfied. The processes of court are standardised to ensure fairness, and many aspects of natural justice are written in legislation, but you are also ethically required to be fair in all your actions and words.

Remember always the Judicial Oath that you took upon being sworn in:

I will do right to all manner of people after the laws and usages of New Zealand without fear or favour, affection or ill-will.

Reading

Judicial JP Manual chapter 4, part 6

Further information can be found at the following weblinks:

Human Rights Commission

The Human Rights Commission monitors aspects of human rights in New Zealand and handles complaints.

Crown Law Office

The Crown Law Office provides legal advice and representation services to the government in matters affecting the executive government, particularly in the areas of criminal, public and administrative law.