Developments in New Zealand jurisprudence

Abstract

The Supreme Court Act came into force 1 January 2004. It would be fair to describe the reactions to the birth of the Supreme Court are mixed. While many welcomed the fact New Zealand finally had its own final court of appeal and an opportunity to develop its own jurisprudence, there was criticism that the new Supreme Court would be ‘activist’ and challenge the sovereignty of Parliament to make the law. There was also concern that there would be insufficient work for the new court and that the quality of judicial decision-making would suffer without the reference to the Privy Council. While it is too early to assess the contribution of the Supreme Court to the development of New Zealand jurisprudence, it is useful to review whether some of the early criticisms and fears have been realised to date.