Judicial Activism and New Zealand's Appellate Courts

Abstract

This chapter examines ‘judicial creativity’ in New Zealand's appellate courts. It argues that judicial creativity is a natural and vital part of how the three branches of government work together to provide a single comprehensive system. The selection of appellate decisions discussed in this chapter displays the range of judicial creativity and restraint in the New Zealand jurisdiction. Both an appreciation of the degree of creativity which the system of government expects of the courts and the ongoing confidence the community maintains in the courts, suggest that the New Zealand appellate courts — notwithstanding the strident concerns of a small group of business and academic commentators — are perceived to be maintaining an appropriate balance between creativity and restraint.