REFERRING A COMPLAINT

The Commissioner must refer complaints to a Head of Bench if the complaint has not been dismissed or a Judicial Conduct Panel is not recommended. When the Commissioner refers a complaint to a Head of Bench, the Commissioner will advise both you and the Judge. The Commissioner will refer the complaint to the Head of Bench responsible for the court the Judge complained about currently sits on.

The Judiciary in 1999 set up an internal complaints process and this process continues to apply to deal with complaints that would not justify a Judges removal from office.

This is a voluntary process, because each Judge is independent from all other Judges. In general, Judges are accountable through the public nature of their work and the requirement that they give reasons for their decisions. The immunity from direct discipline exists to ensure that justice is administered impartially. Where complaints are about the outcome of a case, someone who is affected and is dissatisfied with the outcome will generally have rights of appeal or review. A complaint about the outcome of a case cannot be considered under the complaints process.

If any misconduct of the Judge could be addressed on appeal or review, a complaint will not generally be accepted about the Judges conduct until those opportunities have been taken. If the Commissioner refers a complaint to the Head of Bench, the Commissioner will advise you and the Judge who is the subject of the complaint that this has happened.

Action on complaint

For complaints of substance, the Head of Bench will determine how to deal with the matter appropriately. The Head of Bench will consider responses such as asking the Judge to apologise to the complainant, or by offering the Judge appropriate assistance to avoid the inappropriate conduct happening again.

If you are not satisfied with the response from either the Head of Bench or the Judge concerned you may write to the Judicial Complaints Lay Observer. The Lay Observer is an entirely separate office from the Judicial Conduct Commissioner.

Judicial Complaints Lay Observer

The role of the Judicial Complaints Lay Observer is to consider the complaint and the way it was handled by the Judiciary and to then decide whether the matter should be reconsidered by the Head of Bench. The Judicial Complaints Lay Observer has the power to review the complaint, the way it was processed, any response from the Judge and any other matters that may be relevant.

If the Judicial Complaints Lay Observer considers that a decision by the Head of Bench not to pursue the complaint should be reviewed, he or she may request that the Head of Bench reconsider the complaint.

Both the consideration of the complaint, and any request to reconsider, will be in confidence. The Judicial Complaints Lay Observer will inform you whether or not a request for reconsideration has been made. The Head of Bench may then reconsider whether the complaint has substance.

Time limit on seeking a review by the Lay Observer

All requests for a review of the decision made by a Head of Bench in regard to any complaint against a Judge must be referred to the Judicial Complaints Lay Observer within six months from the date that the Head of Bench decided that a complaint did not have substance.

Contacting the Judicial Complaints Lay Observer

All communications with the Judicial Complaints Lay Observer must be in writing. You can write to the Judicial Complaints Lay Observer at the following address:

The Judicial Complaints Lay Observer
Office of the Judicial Complaints Lay Observer
PO Box 2538
Wellington