July 2022 to June 2023 saw Te Kura Kaiwhakawā’s (Te Kura’s) Pacific Justice Sector Programme (PJSP) continue to promote a stable, prosperous and resilient Pacific by supporting courts to:
- deliver fair, just, and timely decisions, and
- improve access to fair and high-quality justice for vulnerable groups.
Across the year Te Kura provided training and capability support to 1200 people, 49% of which were women, in addition to providing resources and new case-tracking systems.
Te Kura’s approach is to respond to the voices of Pacific partners and those they serve. Pacific voices and experiences lead the conversation and the direction of education activities to find practical solutions that work in the local context.
The 2022 – 2023 period was characterised by the opening of borders. Through face-to-face engagement and the delivery of activities in partner countries, Te Kura continued to increase its understanding of the realities of justice delivery and priority issues for our partners.
Te Kura hosted three in-person regional workshops and hui in Aotearoa/New Zealand. For the first time since 2018, Chief Justices from the Pacific came together in person in Auckland for the Chief Justices’ Leadership Forum. As Chief Justice of New Zealand and Tokelau, the Rt Hon Helen Winkelmann, noted in her opening address, judging in times of disruption and change continued, with Cyclone Gabrielle preventing the attendance of some Chief Justices and requiring a late change of venue for the forum. Despite obstacles, the event was a key strategic moment for the PJSP, both to ascertain priorities for the ongoing programme and to strengthen connections with and between Chief Justices.
Te Kura team members and technical advisors travelled to conduct activities and needs assessments in eight countries: Kiribati, Palau, Republic of Marshall Islands, Samoa, Tokelau (in Apia), Tonga, Tuvalu and Vanuatu, while nine locally conducted in-country activities were delivered via Lift in Kiribati, Papua New Guinea, Solomon Islands and Vanuatu.
The period saw a bedding in of partnerships and a culture of cross-country exchange with almost all activities Pacific led or co-facilitated. Through face-to-face and remote activities, jurisdictions were encouraged to share their successes and lessons learned through talanoa and more formal panel discussions. Building upon existing solutions and tackling common challenges fostered solidarity in the countries in the region. Relationships widened during the period to include legal practitioners, community-based providers and other Pacific and international organisations. Existing relationships deepened, resulting in partnerships for activity delivery, notably with the International Foundation for Electoral Systems.
Election-related disputes are a common challenge across the Pacific with lasting effects on partner courts. The workshop on Protecting Fundamental Rights in Election Disputes delivered in Auckland February, resulted in requests from Chief Justices for further support in
this area. The next period sees commitment from Te Kura to support the development of a Pacific Electoral Justice Network and a further regional workshop.
The period saw an expanded focus on women and children. The Ina’ilau[1] programme increases development opportunities for women in the justice sector and aims to improve access to justice for women and children.
This enhanced component of the programme was initiated through a funding opportunity from the US Department of State. Formal arrangements were delayed, and discussions are in progress with an aim to finalise the funding in the next period. Uncertainty arising from this delay was remedied by the Ministry of Foreign Affairs and Trade (MFAT) releasing $500,000 of existing programme funds in advance so Te Kura could begin to implement the Ina’ilau programme. MFAT subsequently provided an additional $2,000,000 to enable the continuation of this important access to justice work.
The Te Kura review process and subsequent recommendations resulted in a change to Te Kura team and governance structures. April 2023 was a defining point for the programme in the appointment of Toli Sagaga as Te Kura Director. This is the first time MFAT’s justice sector programme has had Pāsifika leadership in almost 20 years. To reflect this, Te Kura have a reset planned at the beginning of the next period to refine the programme’s strategic approach and future staffing requirements.
The Access to Justice Strategy was finalised in the period. This key strategy acknowledges the need to include lower courts and emphasises their role in addressing access to justice. These courts (including Village, Island, Magistrate and District level) are presided over by lay justices and apply a mix of custom and state law. Some activities also aim to build and strengthen relationships with Pacific civil society organisations and support greater links between state and community-based justice sectors.
Te Kura has undertaken substantial research in the period, in particular in relation to improving access to justice and the implementation of Family Protection Acts. A proposal has been submitted to Pacific Communities (SPC) Pacific Women Lead fund to support Te Kura’s work in developing remote processes for family protection orders and family protection legislation data.
Te Kura are currently working alongside the Ministry of Justice’s Digital Services team on a website redesign to better meet the needs of users, administrators and programme objectives. The redesign focuses on a user-centric approach to collect and analyse user data and insights derived directly from judicial officers and court staff in the Pacific.
Te Kura continues to be responsive and flexible, working to meet the needs identified by our partners and at the pace with which they are able to engage with the programme. The impact of COVID and other in-country issues — particularly constitutional challenges and severe weather events — and in the latter part of the period Te Kura’s team capacity, impacted on the timing of some programmed activities. Delayed activities are scheduled for delivery in the next period.
[1] Formerly Wāhine Toa Pāsifika Programme. Ina’ilau refers to a well-known Samoan proverb – “E au le Ina’ilau a Tama'ita'i” – loosely translated to Tama'ita'i (Women, Wāhine) can do anything, be whatever they want to be, aspire to any heights, and make it. It is often used to identify strong-hearted, dedicated women who aspire to lead in their communities.
