Judge queries te reo use in court

A High Court judge asked a lawyer if she wanted an interpreter, after she introduced herself to the court in te reo Ma¯ ori.

Under the Ma¯ori Language Act, lawyers, judges and witnesses have the right to speak Ma¯ ori in the country’s courts.

Justice Timothy Brewer, the former Crown Solicitor for New Plymouth, told Crown Law lawyer Zannah Johnston that she had the right to speak Ma¯ ori in court but the rules required her to give three days notice.

‘‘But more importantly, forgetting about the rules, I don’t speak Ma¯ ori. That is my shame, but I do not speak Ma¯ori, and I cannot have counsel speaking in my court if I don’t know what they are saying, the public doesn’t know what they are saying and other counsel don’t know what they are saying,’’ Justice Brewer said at the hearing last week.

The judge went on to offer Johnston an adjournment in order to get an interpreter.

Johnston replied she would speak English and provided the judge with a translation of her introduction that included her name, her colleague’s name and who they were representing.

A little later, there was this exchange:

Justice Brewer: ‘‘As a matter of curiosity, did you attribute to me an ability to speak Ma¯ ori?

Johnston: ‘‘No, sir. It’s the convention of the Crown Law office to…

Justice judges.’’

Johnston: ‘‘To use one of the nation’s languages.’’

Justice Brewer asked the lawyer if she was making a ‘‘political point’’.

‘‘... because you are not using it as a means of communication. You are using it as a means of making a point.’’

Johnston said she meant no disrespect.

Justice Brewer told her that he had taken te reo lessons.

‘‘As I say, I welcome it and I Brewer: ‘‘Mystify like it to be spoken in the courtroom but I have to understand it, which is why the High Court Rules provide that a period of notice is given so that an interpreter is arranged. Possibly a needless distraction.’’

Solicitor General Una Jagose QC is the government’s chief legal advisor and Johnston’s boss. She was made aware of what had happened in the High Court.

Jagose said her office would not be making a formal complaint.

‘‘It was moment.’’

She said her staff were supported in the use of te reo as part of their commitment to the taonga and received guidelines dealt with at the on what to say and translations.

The leaders of the Ma¯ ori Law Society said they were happy to see all lawyers using te reo Ma¯ ori but it was even more important for Crown lawyers because the Crown had special obligations in the law to protect the language.

‘‘For Crown lawyers, an introduction in te reo Ma¯ ori is a small step towards achieving that duty,’’ said society co-president Marcia Murray.

The Chief High Court Judge, Justice Geoffrey Venning said he had no issue with a lawyer introducing themselves in te reo.

‘‘Ultimately however, how individual court hearings are conducted is a matter for the presiding judge.’’