The Future Operation of the Courts and Justice Services
Submission on the Ministry of Justice Draft Long-term Insights Briefing
“The Future Operation of the Courts and Justice Services”
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Submitted by:
Access Matters Aotearoa Trust and Dr Lida Ayoubi, Senior Lecturer, AUT Law School.
Date: 9 November 2025
Contact: Dianne Rogers | Operations Manager | [email protected]
1. Introduction
Access Matters Aotearoa (AMA) and Dr Lida Ayoubi welcome the opportunity to comment on the Ministry of Justice’s Draft Long-term Insights Briefing on the Future Operation of the Courts and Justice Services. We commend the Ministry’s commitment to exploring how justice can be delivered more effectively, inclusively, and with dignity for all New Zealanders.
AMA promotes the rights, participation, and inclusion of individuals with access needs by enabling cross-sector collaboration, influencing legislation and policy, raising public awareness, and advocating for full implementation of Article 9 of the UNCRPD.
Our vision is an Aotearoa where access is universal, disability is valued, and everyone fully participates. We shift hearts, minds, and systems through evidence-based advocacy and cross-sector collaboration.
The Kōrero for Change – Justice webinar (13 August 2025) explored systemic ableism in Aotearoa’s justice system and pathways to inclusion, belonging, and equity for disabled people. Four panels — the Deciders, Thinkers, Creators, and Doers — brought together government, researchers, advocates, and practitioners.
1.1 Scope and Alignment
AMA and Dr Ayoubi support the direction of the Briefing and agree that future-focused reform is essential. However, accessibility remains notably absent as a guiding principle and measurable system outcome.
Accessibility reforms must also recognise intersectional disadvantage. Disabled people who are Māori, Pacific, women, migrants, LGBTQIA+, or experiencing poverty face compounded and overlapping barriers in the justice system. Embedding an intersectional framework is essential to ensure equity in both design and outcomes.
Accessibility and co-design should be embedded as core stewardship functions under the Public Service Act 2020. Building an accessible justice system strengthens trust, efficiency, and resilience. Accessibility must therefore be a foundational concept across all justice reforms, consistent with the upcoming Consultation Accessible Aotearoa New Zealand Bill, the NZ Disability Strategy refresh, Te Tiriti o Waitangi, and UNCRPD obligations.
The Draft | Consultation Accessible Aotearoa New Zealand Bill, developed by AMA with pro bono support, is a civil-society draft Bill designed to stimulate public discussion on enforceable accessibility standards across all public systems.
2. Context — Alignment with the Chief Justice, Tomo Mai Judicial Committee, and Whaikaha
We acknowledge the leadership of the Chief Justice, Dame Helen Winkelmann, and the Tomo Mai Judicial Committee in advancing access to justice for Deaf and disabled people. Their submission on the Disability Strategy refresh aligns with our recommendations. AMA also supports the direction of the Toi Committee and Whaikaha.
Key shared priorities include:
- Cross-sector collaboration
- Bridging policy and practice
- Rights-based framing
- Participation and representation
- Disability and Deaf competence in training
- Mandatory review of protections
2.1 International Learning – Accessible Justice in Canada
AMA acknowledges the work of Professor David Lepofsky, whose leadership under the AODA Alliance demonstrates how enforceable accessibility standards and systemic monitoring can transform court accessibility.
Key resources include: The Weiler Report (2006), AODA Alliance Court Accessibility Resources, and the Law Society of Ontario webinar series.
3.Recommendations
- Treat accessibility as a performance measure equal to timeliness and efficiency.
- Embed co-design grounded in Te Tiriti and UNCRPD’s ‘nothing about us without us’.
- Establish a National Navigation Service and Accessibility & Self-Representation Desks. Disabled people should not need to navigate fragmented, inconsistent systems. A unified Accessible Justice Information Hub should provide clear, consistent pathways and information.
- Collect disability-disaggregated data using the Washington Group Short Set.
- Mandate WCAG 2.2 and NZSL accessibility for all digital justice platforms.
- Develop a National Accessible Justice Workforce Strategy, led by lived experience educators.
- Introduce Accessibility Impact Assessments for all justice policies and procurements.
- Establish an Accessible Justice Dashboard reporting annually on outcomes.
4. Looking Ahead – A Shared Vision for 2045
By 2045, Aotearoa’s justice system can be accessible by default, governed by universal design principles and shared accountability. This includes accessible infrastructure, co-designed procedures, inclusive workforce development, and transparent data reporting.
5. Conclusion
We thank the Ministry for the opportunity to contribute. We urge the Ministry to embed accessibility as a core principle of justice stewardship, drawing on the expertise of disabled people, the judiciary, Whaikaha, and the Toi Committee. A justice system accessible by design will serve all people in Aotearoa with dignity and fairness.
Appendix A
Access Matters Aotearoa Kōrero for Change – Justice Webinar Proceedings Summary
The Kōrero for Change – Justice webinar, held on 13 August 2025, explored systemic ableism across Aotearoa New Zealand’s justice system and pathways to inclusion, belonging, and equity for disabled people. The session featured four panels — the Deciders, the Thinkers, the Creators, and the Doers — representing government agencies, researchers, advocates, and practitioners.
Panel 1 – The Deciders
Dr Huhana Hickey, Warren Forster, Superintendent Andrew Mortimer, and Dr Juanita Ryan discussed ableism in the courts, policing, and corrections. Speakers described how systemic discrimination, inaccessible procedures, and lack of disability awareness perpetuate exclusion and injustice. They also outlined emerging positive changes, such as Corrections’ Pae Ora disability framework and Police’s Disability Roadmap. Warren Forster called for a national accessibility law with an independent regulator, while Dr Hickey and Dr Ryan emphasised early intervention, holistic rehabilitation, and cross-agency collaboration.
Panel 2 – The Thinkers
Moderated by Kera Sherwood O’Regan, the Thinkers Panel included Dr Brigit Mirfin-Veitch, Dr Michael Roguski, and Dr Lida Ayoubi. Speakers presented research and recommendations for transforming the justice system.
- Dr Mirfin-Veitch noted that disabled-led research consistently calls for reforms to improve physical, informational, and communication access. Encouragingly, recommendations from disabled people and from judges are aligned, reflecting strong allies for change. She highlighted CRPD Article 13 as the foundation for equal participation in justice.
- Dr Roguski argued that Aotearoa’s system is both punitive and ableist — people needing a health response are often criminalised. His evaluation of an adult safeguarding pilot revealed that fragmented professional worldviews (criminal justice, medical, advocacy) prevent coherent action. He advocated for legislative reform and macro-level change to shift toward a health-based model.
- Dr Ayoubi identified three interlocking priorities: ensuring procedural fairness and access, using strategic litigation to enforce rights, and embedding inclusion through institutional co-design. She also urged that disability rights education begin in law schools.
The Q&A reinforced the need for equitable access to communication assistants, consistent implementation of Ministry of Justice guidelines, and Deaf and disabled co-researchers in all projects.
Panel 3 – The Creators
Moderated by Tarewa Cowan, the Creators panel featured Susan Martell, Prudence Walker, Paul Gibson, and Kate Mackay. Each offered practical insights on reform and innovation.
- Susan Martell described persistent access barriers in policing, legal aid, incarceration, and parole, noting that Aotearoa Disability Law exists to fill unmet need that should not exist in a fair system. She called for consistent NZSL interpreter access, trained lawyers, and equitable supports across the justice process.
- Prudence Walker examined how laws reflect and entrench social thinking, and how the justice system can instead challenge ableism through implementation of CRPD Article 13 and UN guidance. She urged embedding Te Tiriti, UNDRIP, and CRPD principles in law, strengthening accommodation duties, and expanding advocacy and representation.
- Paul Gibson outlined priorities for the refresh of the New Zealand Disability Strategy — reducing violence and abuse against disabled people, preventing youth offending through early support, and enacting a Disability Rights Act to embed obligations and standards.
- Kate Mackay focused on neurodivergence, highlighting the need for sensory accommodations across the system, quiet spaces, neurodiversity training, and reform of law school curricula to include disability law. She also illustrated the risks of excluding disabled perspectives in lawmaking, citing drug-driving legislation that could penalise ADHD medication users.
Panel 4 – The Doers
Moderated again by Tarewa Cowan, the Doers panel featured Darryn Aitchison (YouthLaw), Tania Thomas (IHC), and Nan Jensen (Better Lives Legal).
- Darryn Aitchison argued that justice impacts every facet of life and must be restructured to reflect human rights. He urged for CRPD-aligned domestic law, disability representation in Parliament and governance, and disability-aware training for all justice professionals.
- Tania Thomas emphasised the importance of research and data, empowerment programmes, and accessible information for intellectually disabled people and their families. She called for improved cross-agency collaboration and use of technology for navigation support.
- Nan Jensen identified multiple discriminatory laws (Human Rights Act, Education and Training Act, PPPR Act, Social Security Act) and called for prescriptive legal duties to enforce inclusion. She also noted systemic barriers for autistic and neurodivergent lawyers in professional accreditation.
Q&A and Closing Reflections
In discussion, panellists emphasised practical steps to strengthen self-determination and advocacy. Tania Thomas highlighted training through IHC and People First; Nan Jensen advocated for freer advocacy; and Darryn Aitchison urged designing supports within community settings where people already seek help.
Final reflections called for mobilising hearts as well as minds to build public will (Aitchison), expanding allyship across society (Thomas), and asserting disabled people’s voting power to drive change (Jensen). The event closed with gratitude from moderator Franceska Tangaere, a call to complete the post-event survey, and a karakia whakamutunga, reminding all that 'He waka eke noa' — we are all in this together to dismantle ableism.