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Legal experts fear the information relied on by judges to make decisions may be out of date, and are questioning why these so-called "bench books" are not publicly available.
Bench books typically include an overview of statutes, rules, cases, and social-science research, as well as expert commentary.
They're publicly-funded, and while most countries make them available to lawyers, case workers, police and anyone working with victims and defendants, in New Zealand, their contents remain secret and only available to judges.
Kathryn speaks with Carrie Leonetti, an associate professor of law at the University of Auckland, who is concerned bench books may be outdated or full of misinformation, and there would be no way for experts, lawyers, or the public to know.
The Office of the Chief Justice says it recognises that providing this information more widely would be of benefit to the legal profession, and would also provide greater transparency into court processes. It says it has started a process to publishing information, but this was delayed due to the pandemic. Work on this project is now underway. The Chief Justice has also directed that the Criminal Jury Trials Bench Book also be published.
