An in-depth study of access to justice for children and young people in Aotearoa New Zealand.
Reason for the research
In recent years there has been an increased focus on access to justice in New Zealand including through commentary by the judiciary, work by the New Zealand Bar Association, and the Otago Legal Issues Centre, as well as recent consultations by the Rules Committee and the New Zealand Law Society. Internationally there is also an increasing focus on access to justice reflected in the UN Sustainable Development Agenda, particularly Sustainable Development Goal (SDG) 16, which specifically refers to providing “access to justice for all”. As a recent OECD report explains, access to justice is an important part of the well-being of individuals and societies and “[u]nmet justice needs can lead to social, physical and mental health problems, lost productivity, and reduced access to economic opportunity, education, and employment”.
Internationally there is recognition that unmet legal needs tend to affect some groups more than others and that children and youth are one of the groups in greater need. For example, a 2018 report by the Law Council of Australia reviewed existing literature and consultations about access to justice in Australia and concluded that “[c]hildren and young people often experience age-related legal problems but are reluctant to take action in response due to limited financial resources, poor knowledge of their legal rights, uncertainty about available avenues or remedies, and a perception that the legal system will not assist them. Particular children and young people, such as those experiencing homelessness, economic disadvantage, family violence and/or are Aboriginal and Torres Strait Islander people, have heightened vulnerability to legal problems and often have complex needs due to a background of trauma and disadvantage”.
Very limited research has been done in relation to children and young people’s access to justice in Aotearoa. However, we do know that while the vision of the Child and Youth Wellbeing Strategy is that Aotearoa is the best place in the world to be a child, a recent UNICEF report ranked New Zealand 35 out of 41 EU and OECD countries in its league table of child well-being. Recent reports by the Children’s Rights Alliance Aotearoa New Zealand have also identified that some children and groups of children – particularly tamariki Māori, but also Pasifika children, disabled children and children living in poverty – face persistent systemic inequality, discrimination and injustice and these inequities are only being made worse as we start to see the impact of the Covid-19 pandemic.
In order to make positive change for our children and young people we must firstly understand the extent to which children and young people are able to access justice in Aotearoa, and then take steps to close the justice gap.
About the study
The overall aim of this research project is to explore the extent to which children and young people are able to access to justice in Aotearoa New Zealand. It will consider all areas of the law with a focus on identifying the barriers children and young people experience in accessing justice including those faced by particular groups of children and young people.
This study involves a literature review, document review including information obtained under the Official Information Act 1982 and other publicly available information, key informant interviews with adults with expertise on the justice system and/or working with particular groups of children and young people who are likely to experience additional barriers in accessing justice, and a survey with children and young people aged between 14 and 24.
The findings from this research will be used to develop recommendations for addressing barriers to justice and closing the justice gap. The findings and recommendations will be published in an overall report or reports on access to justice for children and young people. They may also be published in research articles, reports and other presentations.
I have been able to do this study thanks to the generous support of the Michael and Susan Borrin Foundation: https://www.borrinfoundation.nz/
Current progress
I have now completed analysis of the data obtained in the interviews and survey as well as my review of the research and literature. My findings are presented in three parts:
Part One contains my analysis of data from key informant interviews with adults with expertise in the justice system and/or working with particular groups of children and young people, as well as from the survey of children and young people aged 14 to 24.
Part Two discusses the meaning of access to justice and other related concepts such as legal empowerment as well as the specific meaning of access to justice for children and child-friendly justice. It then discusses the justice problems experienced by children and young people generally, as well as common barriers to accessing justice. The analysis in this report is based on my review of the research and literature in New Zealand and overseas together with information obtained from the government and Crown entities such as the Office of the Children’s Commissioner, Human Rights Commission and the Office of the Ombudsman.
This report is supported by a series of ten working papers discussing the justice problems and barriers to accessing justice experienced by particular groups of children and young people identified as likely to experience differing justice problems or barriers to access. These working papers are:
1. Children and young people in care or with care experience;
2. Disabled and neurodiverse children and young people;
3. Tamariki and rangatahi Māori;
4. Pacific children and young people;
5. Rainbow and takatāpui children and young people;
6. Girls and young women;
7. Boys and young men;
8. Children and young people in poverty or socio-economic disadvantage;
9. Children and young people who have experienced trauma; and
10. Intersectionally disadvantaged children and young people.
Part Three explores possible solutions or ways to close the justice gap for children and young people in Aotearoa New Zealand. This part of the study is also supported by a series of working papers in relation to possible solutions. At the time of writing these working papers consider the following topics with additional working papers likely to follow:
11. Strategic litigation;
12. Legal service delivery, non-lawyer services, and integrated services;
13. Data, evidence and measuring change;
14. Technology;
15. Training for professionals;
16. Legal education and continuing professional development for lawyers and judges; and
17. Law-related education for children and young people.
The reports and working papers are available here.