Justice Andrew Becroft,
Courts of New Zealand | Ngā Kōti o Aotearoa

Document

ORAL JUDGMENT OF BECROFT J [As to appeal of Interim Parenting Order] IN THE FORM OF A LETTER TO CLAUDE

Judges’ comments

The judges praised this document for its innovative approach. It reframes a formal legal judgment as a personal letter to a young person. The letter makes a complex decision accessible and understandable. The judges highlighted the exceptional empathy and communication skills shown by the author.

The document shows great respect for its reader. The author uses simple words and short, conversational sentences. The content is carefully chosen to show the young person he was listened to.

Including personal details, like the young person’s interest in sport, makes the letter engaging and shows the person he matters.

Overall, the judges found this document to be an impressive, human-centred example of plain language. The warm and friendly tone is perfectly balanced with professionalism. The author speaks directly to the reader as a person, not a case number. This letter is a powerful example of how clear communication can support and respect people during a difficult time.

Media statement

Justice Becroft is honoured that his judgment has been recognised in the Plain Language Awards.

Justice Becroft’s letter to “Claude” is one of nearly 4,000 judgments the High Court has released to date this year.  Each of these judgments has a lot of work to do.  A judgment must explain what has happened in order for the situation to come before the court. It must explain the issues between the parties, and how the relevant law applies to the situation. The judge must make a decision and, crucially, give reasons for that decision.

Reasons are important in many ways – they help the people involved to feel that they had a fair hearing, and that the judge understood their point of view and took that into account. For the wider public, reasons show that the judge did not make an arbitrary decision – that they followed a process, and applied the law to the facts in a way that can be scrutinised. Reasons also mean that if a decision is appealed in a higher court, that court has a record of how the first judge arrived at their decision.

Judges strive to write this in a way that makes sense to everyone who may read the judgment –the people whose lives are directly affected by the outcome, the public reading about the decision, and the judge in an appeal court. After delivering their judgments, judges do not comment on them.  Judges speak through their judgments.  This is to protect judicial impartiality, uphold the principle of judicial independence and maintain public confidence in the justice system.  Once a judgment has been delivered, it is accordingly the official and complete record of the judge’s decision and reasoning.

Judgments from the senior courts are published on the Courts of NZ website, or Judicial Decisions Online.

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