Recent Developments
In 2004 the Institute of Judicial Studies Governing Board commissioned an independent review of the Institute of Judicial Studies. That review was conducted by The Hon Justice Robert Sharpe, Court of Appeal, Ontario, Canada. As a result of that review the Board identified 9 development opportunities which have provided a focus for the development of the Institute of Judicial Studies. They are:
1. Identify the learning needs of judges defined by:
- Career - including new, mid career and end of career judges
- Jurisdiction - including family, criminal, youth, civil, appellate judges
- Responsibility - including Heads of Bench and Administrative Judges.
2. Identify changes to the judicial role that will affect education needs in the next 5 to 10 years
3. Develop a curriculum of programmes that meets the needs of the different groups of judges identified above
4. Provide systems of support, including mentoring, to enable judges to identify and satisfy their individual learning needs
5. Provide programmes that touch on the work of each jurisdiction which enable judges to operate effectively in the social and cultural diversity of New Zealand
6. Develop partnerships with organisations in the provision of programmes that supplement the Inter-Bench Seminar and equip judges to engage with complex developments in the law and or deal with cases that require specialist knowledge such as developments in science and internationalism
7. Co-operate in the international developments in judicial education by:
- Strengthening relationships with international judicial training institutions to ensure that the Institute is developing in line with international best practice
- Developing policy for contributing to judicial education in developing jurisdictions.
8. Increase the capacity of the Institute through: recruitment and restructuring; secondment of experts and judges; and continuing to build relationships with local organisations that can co-operate in the provision of programmes
9. Investigate training technologies and match the elements of a curriculum to the technology that provides the most effective and efficient method of delivering it.
In 2006 the Board of the Institute of Judicial Studies implemented a core curriculum to guide the development of education programmes.
Curriculum
The curriculum consists of nine components which identify that all judicial officers, in performing their role, need to:
1. Maintain their knowledge and mastery of the law
2. Manage efficiently the cases before them, the courtroom and the people who appear before them
3. Use technology to assist with judicial work
4. Make decisions and give reasons for decisions, both written and oral
5. Apply appropriate standards of judicial conduct
6. Be responsive to the relationship between the judiciary and society and to changes in society
7. Keep abreast of emerging issues and practices in associated disciplines
8. Maintain their health and well being
9. Participate in administration and leadership activities.
The elements of each component of the curriculum are:
| Component One | Knowledge of the Law |
| Element 1.1 | Sources of Law |
| Element 1.2 | Evidence and Procedure |
| Element 1.3 | Legal Updates |
| Component Two | Management |
| Element 2.1 | Managing Criminal Trials (including pre trial issues) |
| Element 2.2 | Managing Civil Hearings (including pre trial issues) |
| Element 2.3 | Managing Family Court Hearings |
| Element 2.4 | Managing Youth Court Hearings |
| Element 2.5 | Managing Māori Land Court Hearings |
| Element 2.6 | Managing the District Court Summary Court |
| Element 2.7 | Managing the Family Violence Court |
| Element 2.8 | Managing Multi-Party Hearings |
| Element 2.9 | Courtroom Management/Communication Skills |
| Element 2.10 | Communication Issues - Children and Young Persons |
| Element 2.11 | Settlement Conferences |
| Component Three | Technology |
| Element 3.1 | Basic Training in Computers |
| Element 3.2 | Technology as a Court Management Tool |
| Element 3.3 | Computers as a Research Tool |
| Component Four | Decision Making |
| Element 4.1 | Evaluating Evidence and Credibility of Witnesses |
| Element 4.2 | Preparing and Delivering Oral Judgments |
| Element 4.3 | Preparing Written Judgments |
| Element 4.4 | Sentencing |
| Component Five | Judicial Conduct |
| Element 5.1 | Judicial Conduct and Ethical Issues - the Role of the Judicial Officer |
| Component Six | Social Contexts |
| Element 6.1 | Tangata Whenua; Te Reo Māori in the Courtroom |
| Element 6.2 | Gender and Family Issues including Children |
| Element 6.3 | Equality and Diversity - Multi-Cultural New Zealand |
| Element 6.4 | Disability and Disadvantage |
| Component Seven | Emerging Issues and Associated Disciplines |
| Element 7.1 | Therapeutic Interventions |
| Element 7.2 | Litigation Accounting |
| Element 7.3 | Annual Programme on Law and Society - mid term judges |
| Component Eight | Health and Well Being |
| Element 8.1 | Time Management |
| Element 8.2 | Managing Health and Well Being |
| Element 8.3 | Retirement Planning |
| Component Nine | Administration and Leadership |
| Element 9.1 | Administration and Leadership for Heads of Bench |
| Element 9.2 | Administration and Leadership for Positions of Responsibility |
| Element 9.3 | Judicial Education - Training for Judicial Educators |
| Element 9.4 | Mentoring |
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