Update from the Chief High Court Judge - December 2013

Civil and Criminal Workload

For the third year in a row overall volumes of civil filings have decreased. This is an expected effect of the economic cycle and the volumes are still at higher levels than they were six years ago. However, proceedings that are filed are more complicated, often involving multiple parties.  When they do get to trial they are taking on average more time to be heard. 

The Court remains busy.  The number of matters dealt with by adjudication at trial has increased. In the year ended 31 October 2012, 8% of matters were resolved by adjudication. In the year ended 31 October 2013, this figure rose to 9%. On an international comparison, this figure is excellent. It shows that High Court trials are still affordable and that there is good access to the courts.

Particularly pleasing, the average time to disposal for cases that proceed to a hearing has decreased by 94 days over the same period. This is a reflection of improved, targeted case management through to trial, together with a new approach to setting down.

In terms of criminal trials, a hearing can be achieved by the High Court within 12 months of charge. However, often hearings are delayed by other matters. The primary causes of delay appear to be problems with disclosure and the need to address potential mental health issues for defendants.

Managing Judicial Review Proceedings

A pilot for the management of judicial review proceedings has been underway in Auckland for the last several months.   A judicial review list has been created and is headed by Justice Cooper, before whom all judicial reviews will be listed. This new procedure ensures that cases are efficiently readied for hearing and given appropriate priority for a hearing date.

The list is heard on Thursdays at 9am. Once a proceeding is listed, counsel will be sent a checklist of matters to be dealt with before first call.  If parties co-operate and file a joint memorandum addressing these matters, it is likely that appearances at first callover can be dispensed with. Memoranda are to be filed and served not less than 2 working days before the first call of applications for judicial review:

The check list matters are:

• The date for filing statement of defence

• Any orders necessary in relation to production of the record of decision maker

• Whether it is intended to apply for interim relief

• Whether any other interlocutory applications are intended to be filed

• An estimate of the duration of the hearing

• Any dates on which the parties are unavailable for a fixture

• The date for filing and serving the plaintiff’s affidavit evidence

• The date for filing and serving the defendant’s affidavit evidence

• The date for filing and serving plaintiff’s reply evidence

• The date for provision of a  common bundle of documents

• The date for filing and serving plaintiff’s submissions

• The date for filing and serving defendant’s submissions

• Any other matters relevant to the proceeding

Parties are expected to confer in relation to these matters and if possible to have reached agreement on the terms of a joint memorandum.  If that is not possible the parties must file separate memoranda.  The memoranda may be filed by fax or email transmission.

The experience to date with the pilot for managing judicial reviews has shown that the trial is working and matters are progressing with minimum cost and delay. A similar list will apply in Wellington from the beginning of 2014.

Judgment timeliness and the High Court

During 2013 the High Court set out its expectations for the delivery of judgments and advised of an enquiry process for older judgments. 

The Court has set a standard that 90% of its judgments are to be delivered within 3 months of the hearing or receipt of final submissions.  The long vacation periods are not included within this time period. 

At the same time the Court set in place an enquiry process for parties and counsel to ask the local court manager to inquire about the likely time of delivery when the three month period has passed.  The judge is not told who has made the inquiry.  The court manager will normally be able to provide the inquirer and all other parties with the likely date of delivery in writing.

Inquirers are asked to provide their status (such as plaintiff/defendant or legal representative), the names of parties, the relevant court number and the date the judgment was reserved.

In some cases the judge may advise the parties in advance that the decision is likely to take longer than three months where the case is particularly complex. 

Statistics for 2013 will be available in early 2014.