Portia: Part of the Solution

Portia (Ebborn Law) is committed to helping people get access to justice. We do this in a number of ways and assist over 1,000 people a year in many areas of the law.

​In 2019 we were the fifth largest provider of legal aid in New Zealand. In addition, we have been this country's biggest family legal aid provider since 2014.
We work extensively with Women's Refuge and a number of other social and community services to ensure pathways to justice are available, using technology where possible.

​We give many aspiring young lawyers their first experience in a law firm, providing a high standard of training, flexible work hours and other benefits.
Our management and lawyers participate at events such as the Child Matters course, LawFest, the Future Firm Forum and many others. 

Our firm is set up to use money efficiently and effectively. Wastage is reduced where possible. We operate a paperless office; re-purposing technology where possible.
Portia is a strong proponent of alternative dispute resolution such as mediation and arbitration. We work closely with FairWay Resolution to help people access justice quickly.

We provide a wealth of information online and use our legal knowledge to support or influence the making of laws, through submissions to Parliament.

Access to Justice

What is "access"?

​​Access means the ability to do something without a barrier. It could be:
  • physical, like a building or a ship
  • virtual, like government services or internet banking
  • ethereal, such as being able to associate with the religion or gender of your choice
  • corporeal, such as being able to understand the language being spoken
  • economic, having the financial means to participate

​Access is an important part of freedom. Freedom is an essential part of New Zealand society.
A Māori word for access is āhei.

​What is "access to justice"?​

​Your right to access justice is protected by Article Six of the Universal Declaration of Human Rights, to which New Zealand is a signatory. The Article says that:
"Everyone has the right to recognition everywhere as a person before the law"
Section 27 of the New Zealand Bill of Rights Act 1990 specifically grants the right to every person (including both legal and natural persons) to:
  • Natural justice by authorities
  • Judicial review of any decision that has affected their rights
  • Bring or defend civil proceedings with the Crown
What is "justice"​
​
Justice is the system by which a society creates outcomes that meet the philosophy of the ruling classes. What those outcomes are depend on the philosophy: for example, John Rawls said justice is "the first virtue of social institutions"; whereas Jeremy Bentham (founder of utilitarianism) saw justice as maximising happiness and wellbeing for the majority of people. There are literally hundreds of opinions on the meaning and purpose of justice, however New Zealand society is guided by the Universal Declaration of Human Rights,  Te Tiriti o Waitangi (the Treaty of Waitangi) and the New Zealand Bill of Rights Act 1990.

Stanford University is recognised for academic excellence around the concept of justice. If you want to learn more, go to this website.

Perhaps it is easiest to explain justice by stating what it isn't. Justice is not:
  • fairness
  • equality
  • utu
  • revenge
  • karma​
But justice might​ result in these things.
You can take the first-year Stanford University Philosophy of Justice class yourself, online, for free. Join Prof. Michael Sandel delivering his famous lectures to over 1,000 first year students here.
A Māori word for justice (in the context of the law) is ture.

Use of languages other than English in Court

The Challenge of an Acceptable Justice System
Official Languages
​​
New Zealand recognises three official languages: Māori, NZ sign and English.
You have the right to speak te reo Māori in all courts in Aotearoa/New Zealand and this is enshrined in s.4 of the Māori Language Act.

Obviously, if you wish to speak te reo it is appreciated if you provide some notice in advance, so interpreters can be made available for the Judge, registrar and counsel if necessary.

​Since 2014 court registrars have regularly opened and closed Court using te reo Māori. Common phrases are below:
Kia rite mō te Kaiwhakawā, e tū koa
Silence. All stand for his/her Honour the Judge
Kua hiki te Kōti, e tū koa
This Court is adjourned for 15 minutes, all stand please
Kua hiki te Kōti ki te tekau o ngā hāora āpōpō, e tū koa
Court is adjourned until 10:00am tomorrow morning, all stand please
Kua whakawātea te Kaiwhakawā, e tū koa
His/Her Honour will retire, all stand please
Justice and Morality
​
At the heart of a just society lies a system of justice accepted by all. Two things must exist for this to occur: trust, and; legitimacy.

Legitimacy exists when a system is morally aligned to the people and creates a sense of obligation in them to do what is asked.

Trust exists where there is a willingness to be vulnerable to another, with the expectation that you will not be taken advantage of.

Justice works best when the population consents to it being imposed on them (legitimacy), and expects that it will treat them fairly (trust).

You can read more about the philosophy of trust, morality and justice in the discussion paper Justice, Morality and Social Capital (Hughes, 2020).
Justice and Māori

​Because a system of justice requires trust, at the most fundamental level our justice system is flawed to Māori. This relates strongly to the injustice suffered by Māori during and after colonisation by the British. Some would argue there are injustices toward Māori occurring even today.

The 'ways of doing things' accepted by the majority of Aotearoa's population (tauiwi or non-Māori) are not necessarily accepted by Māori. As these ways (or 'norms') are at the heart of the system, it creates a disconnect between Māori and the justice system at a constitutional and cultural level.

It is accepted among scholars and lawmakers that if we want to live in a just society we should ensure the systems governing the people are acceptable to all, not just the majority.
Building a Just Society

While the biggest responsibility for creating justice that is trusted and legitimate to all people lies with the Government, individuals can also contribute. Treating all people equally, not discriminating, giving consideration for the burdens others bear, sharing our wealth, being generous with our time are all things we do to create a good society. These things can be called 'social capital' - the networks we build and the things we can do for each other through those networks. At Portia, we contribute to a brighter future by using our skills to help the community and social services assist people with the most need.
New Zealand Sign Language (NZSL)
You may elect to use NZLS in a court however you must inform the registrar at least ten working days prior to the event, to allow time to arrange an interpreter.

​The Ministry of Justice can be called through NZ Relay. The traditional services operate 24 hours a day, seven days a week, 365 days a year.
They can help with both Text Telephones and a Video Relay Service.

Their helpdesk can be contacted on 0800 4 713 713 (TTY) or 0800 4 715 715 (Voice) or, alternatively, you can e-mail them at helpdesk@nzrelay.co.nz.

NZ Relay website: www.nzrelay.co.nz
Languages not English, Māori or NZSL
Disability Access
As court work is mostly carried out in English, the court staff will help find an interpreter for you if you give them enough notice. Click here for the form to complete to request one.

If you are confident to do so, or have someone who can assist you, you can also You can also call 0800 COURTS (0800 268 787). Be prepared to give your case reference number.
The court can help with disability by:
  • providing documents in other formats
  • accessible court rooms
  • a seat closer to the witness or judge
  • go through the information more fully and in plain language
Try to give the court five working days before you need to be there. This will give them time to get the help you need.

Useful Information

WHAT ARE... Justices of the Peace?

​Justices of the Peace (JPs) have existed for over 650 years. Originally they guarded the King's peace and were established formally under the Justice of the Peace Act 1361 during the reign of Edward III. JPs were generally members of the gentry (wealthy landowners) as the position was voluntary; to be a JP was prestigious, never a way to make money.

Throughout history JPs have undertaken a variety of functions. They would conduct arraignments in criminal cases and also try minor criminal infractions. They were appointed by municipal corporations until 1835, when Parliament enacted legislation requiring appointment by the Crown. Around this time a JP’s role extended to include regulating wages, food supplies and infrastructure such as roads and bridges across the United Kingdom.

JPs are today appointed in a number of Commonwealth countries. Although their roles and responsibilities differ there is a unifying theme: a JP must be someone of good standing in the community.

Aotearoa New Zealand’s first JP was appointed in 1814, a missionary by the name of Thomas Kendall.  There are now almost 6,000 serving in communities across the country. Our JPs can statutorily swear oaths and take declarations. Some are also authorised to hear minor court cases, to issue search warrants in certain situations and act as a Visiting Justice in prisons, for the purposes of hearing a prisoner’s grievances.
Many government agencies and businesses trust JPs to witness signatures on a wide variety of documents.
 Indeed, while there is no legal criteria for witnessing a signature, many documents require a lawyer or a JP to bear witness. You can find a nearby JP here.

​​If you are interested in becoming a JP then ask your local Member of Parliament to nominate you. The Governor-General appoints JPs for lifetime tenure. On appointment JPs must swear the Judicial Oath before a Judge in which they state:
"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."


The Oath is indicative of how we see JPs: trustworthy people with integrity, honour and good character who, after nearly seven centuries, continue to perform an important function in our society.

More and more often, Justices of the Peace are called upon by businesses to undertake functions outside of their official duties. This often in the form of a requirement by some businesses to have a JP witness a signature (there is no legislation regarding who can witness signatures, only who can take statutory declarations or oaths).

So what official powers does a JP have? It depends, as there are two types of duties a JP carries out: Ministerial and Judicial.

Ministerial Duties Ministerial Duties Requiring Two JPs
  • binding a person under the age of 18 to an indentured apprenticeship of the Armed Forces who has no parent or guardian living in New Zealand
  • requisitioning leasees of railways or tramways in the Nelson and Westland coal fields to provide free transport to police officers during time of war
Judicial Duties ​
Fun Fact
​District Court Judges are also Justices of the Peace. When sitting alone they have the powers and functions equivalent to two JPs sitting in Court. So, 1 Judge = 2 JPs.
WHAT ARE... Community Law Centres?

Community Law is one of the profession’s most venerable millennials: last year, this grand organisation turned a respectable 40. The organisation is ubiquitous with 21 sites across New Zealand and three specialist branches covering disability, Māori land and youth law. It’s easy to pass over Community Law Centres (CLCs) with only a brief nod to the ‘good works’ they perform, but statistically this organisation has a significant impact on access to justice and should be taken seriously.

A 2017 report prepared by the New Zealand Institute of Economic Research (NZIER) shows CLCs provided advice, assistance or representation to at least 48,000 clients taking almost 107,000 hours over the 2015-16 financial year. Compare that to Portia’s figures: in 2017/18 our busy firm opened just 858 new matters. Bear in mind that Portia was the country’s largest provider of family legal aid firm at that time (and still are). What was the cost of this enormous public service? $11M: an average of $230 per client or $102/hour. Outstanding value. Who pays for this? 64% comes from interest earned on solicitors’ trust accounts while the remainder came from other taxpayer sources.

Who benefits? We all do. Access to justice is essential to a healthy society. According to the United Nations, absence of access to justice results in “people … unable to have their voice heard, exercise their rights, challenge discrimination or hold decision makers accountable”. It’s that last bit – the bit about accountability, that arguably is the most critical outcome. Consider if your grandmother or elderly uncle were the victim of a bank fraud. Having a place to go to get free, no-strings-attached legal advice in a community-friendly setting would be a boon. Sometimes just that little piece of advice, assistance person assistance or information can make all the difference to a person who is vulnerable. 
The provision of such a service is a direct check and balance to the powers of the State and of corporations. Whilst in Aotearoa we enjoy a number of civil liberties, we don’t teach them in schools. In a fiduciary relationship, one that is defined by one party having power over the other, a balance to that power is always going to be needed: the temptation to abuse power is too great otherwise.

Community Law Centres are a small but effective weight on the scales of justice, giving strength to the vulnerable and to Māori, with a specialist Māori land law  office based in Dunedin grievances supporting the Ngāi/Kāi Tahu rohe. Community Law also provide specialist support for people with disabilities, and for young people.

Recently some CLCs started providing legal aid, to the distress and dissatisfaction of a number of practitioners. We say "good on them!" but at the same time urge Community Law Centres o Aotearoa to join other legal aid providers and push the Ministry of Justice for less bureaucracy and greater levels of trust. Community Law is not ‘competition’ to regular law firms – they perform a valid and valuable function in our society and sit on the margin between law and social service. Aside from a good source of referrals, they also provide essential training opportunities to young lawyers, participate in the process of making laws (through submissions to select committees) and play an important role in the maintenance of human rights.

Kia kaha Community Law!
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