Question

Essay Topic

“Judges should work to ensure that the outcome of each case is fair and accords with society’s values. This means that, at times, the role of judges should be to change the law rather than just strictly applying the existing law”.

Write a 1000 word essay explaining whether you agree or disagree with this statement. Make sure that you set out a clear argument and provide reasons to support your view ( statutes/case). In your essay, you should draw on one of the cases that we discuss in Part A of LAW 121 to support your argument.

Cases:

R v Symonds 1847

Wi Parata v Bishop of wellington 1877

Te Heheu Tukino v Aolea Distent Land Board 1941

Answer 1

The given statement is absolutely true because each case is unique and the judgment should also be unique and it may vary from one to the other. It is not necessary to give the same judgment for similar cases; but they can follow the steps from the previous similar cases.

DISCUSSION ON CASES:

• In R V Symonds case, where the judges gave a different opinion from the existing law of possession of property by saying that no one can occupy a property without the consent of the actual legal owners or the legal heirs of the property (no other person has the authority to hold the property).
• In the judgment of Wi Parata v Bishop of Wellington (1877); we can see that the Treaty of Waitangi was worthless with the consideration of saying that it has been signed between the group of savages (who did not have capability to sign a treaty) and a civilized nation; and hence it has not been a legal document. The sign has been null and void and has been declared as worthless. This judgment has been used in most of the cases after that.
• In the judgment of the Te Heuheu Tukino v Aotea District Maori Land Board 1941, where the Maori tribe and their members own lands in New Zealand, which were charged by virtue of S. 14, Native Purposes Act, 1935, where the repayment should be done by the authority to give back to the tribes otherwise the land would belongs to them as per the judgment.

So, we can say that the judges have the power and authority to consider the pros and cons of each case and decide and declare the fair judgment in accordance with value of the society in each case, rather than applying the existing law of the state.