High Court judge asks if interpreter needed following lawyer's comments in te reo
Friday, 9 November 2018
A High Court judge asked a lawyer if she wanted an interpreter, after she introduced herself to the court in te reo Māori.
Under the Māori Language Act, lawyers, Judges and witnesses have the right to speak Māori in the country's courts.
Justice Timothy Brewer told Crown Law lawyer Zannah Johnston that she had the right to speak Māori in court but the rules required her to give three days notice.
'But more importantly, forgetting about the rules, I don't speak Māori. That is my shame, but I do not speak Māori, and I cannot have counsel speaking in my court if I don't know what they are saying, the public doesn't know what they are saying and other counsel don't know what they are saying,' Justice Brewer said at the hearing on Tuesday.
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The former Crown Solicitor for New Plymouth went on to offer Johnston an adjournment in order to get an interpreter.
Johnston replied she would speak English and provided the judge with a translation of her introduction that included her name, her colleague's name and who they were representing.
A little later, there was this exchange:
Justice Brewer: 'As a matter of curiosity, did you attribute to me an ability to speak Māori?
Johnston: 'No, sir. It's the convention of the Crown Law office to …
Justice Brewer: 'Mystify judges.'
Johnston: 'To use one of the nation's languages.'
Justice Brewer asked the lawyer if she was making a 'political point'.
'… because you are not using it as a means of communication. You are using it as a means of making a point.'
Johnston said she meant no disrespect.
Justice Brewer told her that he had taken te reo lessons.
'As I say, I welcome it and I like it to be spoken in the courtroom but I have to understand it, which is why the High Court Rules provide that a period of notice is given so that an interpreter is arranged. Possibly a needless distraction.'
Solicitor General Una Jagose QC is the government's chief legal advisor and Johnston's boss. She was made aware of what had happened in the High Court.
Jagose said her office would not be making a formal complaint.
'It was dealt with at the moment.'
She said her staff were supported in the use of te reo as part of their commitment to the taonga and received guidelines on what to say and translations.
She said her office fields phone calls from other lawyers, asking advice on how to use te reo in court.
The leaders of the Māori Law Society said they were happy to see all lawyers using te reo Māori but it was even more important for Crown lawyers because the Crown had special obligations in the law to protect the language.
'For Crown lawyers, an introduction in te reo Māori is a small step towards achieving that duty,' said society co-president Marcia Murray.
She noted the Government was currently going through the process to appoint the next Chief Justice.
'We would expect that the minimum criteria for appointment of New Zealand's most senior judge would include a demonstrated commitment to understand tikanga Māori and te reo on its own terms.'
The Chief High Court Judge, Justice Geoffrey Venning said he had no issue with a lawyer introducing themselves in te reo.
'Ultimately however, how individual court hearings are conducted is a matter for the presiding judge.'
He said his judges were encouraged to take every opportunity to learn te reo Māori.
TE REO IN THE COURTS
Section 7 of Te Turi mō Te Reo Māori 2016 (the Māori Language Act 2016) gives lawyers, judges and witnesses the right to speak Māori in the country's courts and tribunals. However, there are also rules around giving appropriate notice.
Courts are now often opened in te reo Māori. An example of this is: 'Kia rite mō te Kaiwhakawā o te Kuini, e tū koa'.
This translates to: 'Silence, all stand for His/Her Honour the Queen's Judge'.
Some judges now introduce themselves at the start of sessions in te reo Māori. Judge Claire Ryan of the Auckland District Court often recites her mihi in te reo Māori.
Manukau Crown prosecutors also frequently introduce themselves in te reo Māori.
The Māori names for court registries are now included on the front pages of official court documents. Examples include the Court of Appeal (I Te Kōti Pīra o Aotearoa) and the High Court in Auckland (Te Kōti Matua o Aotearoa, Tāmaki Makaurau rohe).