Submissions

To: Ministry of Justice
Date: October 2024

Purpose

This submission advocated for the progressive removal of barriers to disabled people accessing the justice system through using reasonable accommodations and increased digitisation. These moves would ensure equitable access to justice in line with the New Zealand Disability Strategy and our UNCRPD obligations.

Summary of DPA submission

DPA identifies significant issues for disabled defendants, complainants, jurors, witnesses, and lawyers/judges participating in court processes, particularly jury trials, including the need for more support and reasonable accommodations This would align with Outcome 4 of the New Zealand Disability Strategy 2016-2026, which focuses on improving access to justice and rights for disabled people, and with our UNCRPD obligations.

DPA does not support increasing thresholds for defendants to elect jury trials, as this could significantly impact disabled defendants and complainants' access to effective justice.

Key Recommendation:

Any changes that could significantly impact disabled defendants and complainants' access to justice should be addressed through engagement with both disabled people’s organisations and disabled people.

Supporting Statement 1:

This recommendation would help meet Outcome 4 of the New Zealand Disability Strategy 2016-2026 around improving access to justice and rights for disabled people and this would bring us into alignment with our UNCRPD obligations regarding access to justice.

Supporting Statement 2:

An example of a barrier is that a DPA member, a wheelchair user, who had to forgo jury duty because they would have had to sit separately from other jurors due to an inaccessible courtroom based in an historic building.