New Zealand Earthquake - Send a Message to New Zealanders Let Them Know We Care

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The Issue: New Zealand Judges are not required to give reasons for decisions. This is in contradiction to New Zealand's international legal obligations under Article 14(1) of the International Covenant on Civil and Political Rights.

The Impact: Without domestic law that New Zealand Judges must give reasons for decisions-

New Zealand's commitment to the rule of law comes into question, and
There is no effective right to a fair hearing - What is to be the ground of appeal against a decision not supported by reason?

Leave a second message: Let New Zealanders know we care. They are entitled to right to reasons for judicial decisions under the International Covenant on Civil and Political Rights.

Right to Reasons

When you leave comment, you will join others who care from countries including Australia, Canada, Britain, Somalia, the US and New Zealand.

"The Courts and Justice system in this country need an urgent overhaul, and fast, when the the basic fundamentals of a free democracy - a right to justice and a fair trial - is being so consistently violated." http://www.scoop.co.nz/stories/HL0307/S00106.htm

Houses of Parliament, Wellington, New Zealand, December '09

New Zealand status on right to reasons for judicial decisions:

In a case from 1982, - R v Awatere [1982] 1 NZLR 644 - it was determined that Judges are not required to give reasons.
In January 2009, Application for Leave to Bring Appeal was filed in the Supreme Court of NZ on the issue of right to reasons.
Result of Application for Leave to Bring Appeal: The Court denied right to contradict new issues raised, and dismissed the application.

Birkenfeld v Anthony Bruce Kendall and Yachting New Zealand SC 7/2009 [1 July 2009]

Meanwhile, in comparable jurisdictions:

Australia: The judgment must contain reasons for the decision on matters of both fact and law. *
The European Court of Human Rights: ...reiterates that Article 6 para 1 (ECHR 1953) obliges courts to give reasons for their judgments...**
England and Wales: The right to fair trial provisions of Article 6, Schedule 1, Human Rights Act 1998, are interpreted as requiring reasons to be given for final judgments.***
In 1999, the Privy Council in London interpreted common law as requiring that reasons be given for administrative decisions - in addition to judicial decisions. Case law: Stefan v GMC [1999] 1 W.L.R. 1293 (PC).

* Grubbs, (ed), International Civil Procedure (2003) 45.

** Plowden & Kerrigan, Advocacy and Human Rights (2002) p. 410.

*** Grubbs, (ed), International Civil Procedure (2003) 191.