NZ: Family Court judge wants some openness 

NZ: Family Court judge wants some openness

From http://www.peterellis.org.nz/FamilyCourt/2004-0327_ManawatuStandard_FamilyCourtJudge.htm

The Manawatu Standard

March 27, 2004

Family Court judge wants some openness

New Zealand's new principal Family Court judge says there should be more openness in the court, as suggested by a recent Law Commission report.

However, the media's persistent labelling of Family Court proceedings as "secret" was misleading and irresponsible, Judge Peter Boshier said.

The editorial of an Auckland newspaper yesterday called for the court to be open to scrutiny, following the High Court's conviction of National MP Nick Smith for contempt for publicising details of a Family Court case. "(Openness) is essential if people are ever to have the wherewithal to reach their own judgement about Dr Smith," the editorial read. It said restrictions on reporting cases meant the court's judges had never been subjected to public scrutiny.

But Judge Boshier said there was nothing secret about the court and denied its proceedings were closed to scrutiny.

"Parliament (in 1980) accepted the recommendations of a Royal Commission on the courts which was critical of the unnecessarily open way that sensitive and emotional disputes, particularly concerning children, had been handled up until that time," he said.

Judges had operated the court to give privacy to separating parents, particularly those with young and vulnerable children, he added.

The Law Commission's proposals to let media attend the court's proceedings by right had merit.

"There are cases occurring before the courts on a daily basis where scrutiny of how unwisely people in relationships have behaved . . ."

But public attendance should not be allowed at all sittings.

END