The History of the South Pacific Judicial Conference

First South Pacific Judicial Conference

Click on the thumbnail to access the programme booklet for that year.

The First SPJC took place in Apia, Samoa in 1972. 

The topics discussed at the conference were: 
1. Judge's sessions

  • a) Land and titles courts of Samoa
  • b) Cultural and ethnic disparities and their effect on the judicial process
  • c) Treatment of juvenile offenders, probation and pre-sentence investigation
  • d) South Pacific Regional Court of Appeal
  • e) Psychiatric evaluation and care of offenders


2. Attorneys' general sessions

  • a) Immigration/Extradition
  • b) Prevention of pollution and control of the sea bed
  • c) Narcotics problem in the South Pacific
  • d) Need for comprehensive planning in law enforcement
  • e) Laws and treaties to provide reciprocity in matters relating to enforcement of judgments and orders of the Courts, and exchange of prisoners under extradition proceedings


3. General topics discussed

  • a) Problems of interpreting, reporting and transcribing trials held in two or more languages
  • b) Immigration and emigration problems
  • c) New trends in law enforcement
  • d) Comparison of Court systems and procedures
  • and exchange of information relating thereto
  • e) Preservation of cultural heritage of the peoples of the South Pacific
  • f) Other matters of mutual benefit to the nations of the South Pacific
  • (Letter from Amos L. Tausilia, Minister of Justice, dated 10/01/71)

An interesting quote from this gathering came from Amos Tausilia who stated: 

“One of the basic premises of the conference is that it provides delegates with a useful opportunity to acquaint themselves with changes and developments in law and judicial systems of the Pacific. (Crothers, Donald. Letter to Crown Solicitor Taniela Tufui, dated 10/06/71).  Another premise involves the fostering of cooperation and exchanging of information about the judicial departments of the nations and territories of the South Pacific.”

2nd South Pacific Judicial Conference Honolulu, Hawaii

The Second SPJC took place in Hawaii in 1975. 

The topics discussed were the Court systems of the Trust Territory of the Pacific Islands and Assessors used in Western Samoa.  

An interesting quote came from Professor William Clifford, Director of the Australian Institute of Criminology:

“… ‘developed’ countries have higher rates of crime than ‘developing” countries, and the village community in an country has less crime than the city. He attributed this to the fact that the industrialized nations have lost  a great many of the traditional social controls that developing countries usually possess, such as the strong family structure, the older web of obligations, the status within a tribal group, and the expectations of neighbors or friends...a legal system must accurately and fairly reflect the way a culture weighs the importance of community versus the importance of the individual.” 

3rd South Pacific Judicial Conference Port Moresby, Papua New Guinea

The Third SPJC took place in Papua New Guinea in 1977.  

The topics discussed were adaptation of the Introduced Western Law to the Customs and Tribal Laws of the People of the Pacific; Human Rights, Individual or Group Interpretations in relation to law enforcement; and disputes settlement and the law of the sea. 

An interesting quote came from Bernard Mullu Narokobi, Chairman of the PNG Law Reform Commission who stated: 

“...when PNG became independent, on September 16, 1975, all Western legal, political and ceremonial institutions were adopted,” without consideration of PNG institutions...The dispute settlement mechanisms which promoted harmony, group justice, compromise, concern for the succeeding generations, compassion, mercy, forgiveness, and popular participation were replaced with narrow legalism based on professional ethics, sectarianism, the police, and court room conflict...This is convenient for the court and the lawyers, but unsatisfactory for the people.” 

 

4th South Pacific Judicial Conference Rarotonga, Cook Islands

The Fourth SPJC took place in Cook Islands in 1979. 

The topics discussed were:

A. Chief Justice Nicholson of W. Samoa presented paper on Criminal Procedure covering items such as the recording and use of confessions of accused persons, the use of a jury system as opposed to an assessor system or a judge alone system of hearing

B. Extradition

C. Recognition and enforcement of judgments and orders (each judge explained the position in respect to his own country)

D. Service of process within the Pacific countries (Letter from Mrs. Gwen WeIland, Secretary to conference, to Honorable Alfred Laureta dated 04/19/79)

E. Regional Court of Appeals

  • a) Associate Justice Robert A. Hefner testified before Judiciary Committee of Congress of Federated States of Micronesia
  • b) Result: Congress enacted a bill establishing the Supreme Court of the Federated States of Micronesia
  • c) If signed by President, Chief Justice should be appointed
  • d) Concept of borrowing judges from other jurisdictions to sit on appeals was well received
  • e) Also writing to suggest a plan for President of the Marshalls

An interesting quote came from Professor J.F. Northey, Dean of the Faculty of Law, University of Auckland, New Zealand, who stated: 

“Judicial independence was another issue that had come up before in the South Pacific Judicial Conferences...Dr. Northey noted that most of the new states had some elements of judicial independence incorporated into their constitutions. But where there is no tradition of judicial independence, it can easily be eroded.  In some cases, he pointed out, there might be a want of independence on both sides, with the executive relying on a sympathetic judiciary at the same time the judiciary looks to a benevolent executive.  Encroachment is not always blatant either.  In many cases, the judiciary undertakes a task of some sort at the request of the executive, which may use judges for purposes other than their primary function and sometimes in politically sensitive situations.” 

 

5th South Pacific Judicial Conference Canberra, Australia

The Fifth SPJC took place in Australia in 1982.

The topics discussed were presented by Mari Kapi from Papua New Guinea on: "Criminal Investigation – Suitability of Common Law Rules," Thomas W. Murphy from American Samoa on: "Jury Trials in American Samoa," I.R. Thompson from Nauru on: "A Fair Trial Within Reasonable Time," Monsieur Thierry Cathala from French Polynesia on: "Private International Law for the South Pacific – the E.E.C. Model," and Mere Pulea Kite from Fiji on: "A Regional Court of Appeal for the Pacific."

An interesting quote from this conference came from Sir Timoci Tuivaga, Chief Justice of Fiji who stated:

“These conferences must necessarily result in a broadening of outlook on many subjects of legal interest, and that in itself is well worthwhile. The personal contacts made at these meetings are of great value to all of us. Socially they are most acceptable; professional they give us the opportunity of discussing local problems with other judges whose views can be both most helpful and stimulating. It is not that one is look for someone else to indicate what should be done in any particular instance, it is only that an opportunity for frank discussion with our counterparts in neighboring jurisdictions would often be useful in equipping us for the better carrying out of our judicial function.”

6th South Pacific Judicial Conference Saipan, Commonwealth of the Northern Marianas

The Sixth SPJC took place in the Northern Mariana Islands in 1984.

The topics discussed were presented by Chief Justice Anthony Kennedy from the U.S. on: "The U.S. Judicial System and as it particularly relates to the U.S. Territories of the Pacific," Lord Justice Desmond Ackner from the U.K. on: "The United Kingdom Judicial System and as it particularly relates to the British Commonwealth countries in the Pacific," Monsieur Thierry Cathala from French Polynesia on: "The Continental System of Law and the 'French Connection' in the Pacific," Chief Justice Robert Gardner from American Samoa on: "Opinion Writing, Both Trial and Appellate," Ms. Marian Black Horn on: "Fishing Rights int he Pacific, Violations and Seizures of Vessels," Chief Justice Jeffrey R. Jones from Kiribati on: "Pacific Island Criminal Procedures, Rights of Defendants, Exclusionary Rule, etc.," Chief Justice Edward C. King from the Federated States of Micronesia on: "The Development of a Pacific Island Court System," Chief Justice Paul Abbate from Guam on: "Cameras in the Courtroom, The Guam Experience," Herbert Soll on: "Providing Judicial Services to Outlying Island Jurisdictions," and Dr. Paul Winkler on: "Multi-use of Psychiatric Services in Small Island Nations."

An interesting quote from this conference came from the Honorable Anthony M. Kennedy, U.S. Ninth Circuit Court of Appeals who stated: 

“The first principle for constitutional evolution, is judicial independence. Using the US Constitution to illustrate, some structural independence is built into the American system. These structural guarantees reinforce the primary guarantee of the court's independence, which is the respect given to it and its judgments, as well as its own respect and concern for impartiality. American courts in the Pacific Territories are not always afforded the structural guarantees given to the federal courts established under Article III of the US Constitution. But the traditions of independence and impartiality in the Territories approached that of their mainland counterparts.”

 

7th South Pacific Judicial Conference Auckland, New Zealand

The Seventh SPJC took place in New Zealand in 1987.

The topics discussed were presented by Chief Justice Ian Barker on: "Controlling the Violent Society...Where to from Here?" He spoke of papers given and stated that simplistic solutions are rarely likely to be correct in context of violent offending. He also disccused how the role of sentencing judge was scrutinized and gave solutions to the discussed issues:

  • a) Provision of better and more comprehensive information about offenders and about victims
  • b) Efforts of Australian Institute of Judicial Administration to be applauded
  • c) Desirability of good statistics
  • d) Minnesota type of Judicial Sentencing Council approach is worthy of consideration
  • e) "Follow-up" reports for Judges on sentenced prisoners and visits to prisoners
  • f) Effective counseling

An interesting quote from this conference came from Chief Justice Edward King who stated:

“The role of family remains important... If we are going to try to develop any kind of innovative approach and require or bring about the cooperation of the community, we should have some normal device for bringing in families.”

8th South Pacific Judicial Conference Kauai, Hawaii

The Eighth SPJC took place in Hawaii in 1989.

The topics discussed were the Independence of the Judiciary, Fundamental Rights of the Courts, and Problems of the Freedom of Expression.

An interesting quote from this conference came from Deputy Chief Justice Sir Mari Kapi of the Supreme Court of Papua New Guinea who stated:

"...human rights provisions in most of the constitutions of the Pacific had been borrowed from the European Convention on Human Rights, which followed WWII. The question, he said, was not whether those provisions should be in the constitutions, but in how they could be best used in protecting individual rights in each jurisdiction. Reform and judicial activism must be weighed against the reality of economic costs of providing and enforcing legal standards of human rights."

9th South Pacific Judicial Conference Papeete, Tahiti, French Polynesia

The Ninth SPJC took place in Tahiti in 1991.

The topics discussed were Who controls land, How it should be registered and recorded, How the courts should handle the complex disputes over it, and a Proposal for the Judicial Institute of the Pacific.

"Although traditions of its use, management, and ownership vary widely among the different jurisdictions in the Pacific, it is a common fact that land, especially for the smaller nations is a very limited, and therefore very valuable commodity. Participants from some of the countries represented at the Conference shared their problems and the approaches they've tried to resolve these problems. Gaston Flosse, President du Territoire, welcome the delegates to this discussion, reminding them of the various national land claims in the Pacific region, including Hano Hano vs. the United States, or the State of Hawaii, the Maori vs. New Zealand, Nauru vs. Australia or Great Britain, and Fuller vs. The Government of Polynesia. The common thread among them all is the sense of belonging to the Pacific, which he described as a vast echoing chamber in spite of the distances."

The Tenth SPJC took place in Fiji in 1993.

The topics disccused were Continuing Judicial Education, Judicial Independence and Freedom from Political Reprisal, Alternative Dispute Resolution, Role of the Judiciary in Protection of Human Rights, and Pacific Institute of Judicial Administration.

"Judicial independence is fragile, even in stable communities, and can be undermined in a number of ways, including failure to provide sufficient resources for the court to function, reduction of salaries to the point that qualified people are not attracted to the bench, political appointment of unqualified or partial justices, and removal or dilution of jurisdiction."

The Eleventh SPJC took place in Guam in 1995.

The topics discussed were Domestic Violence, Customary Law, Sentencing, Reducing Trial and Sentencing Delays, Criminal Procedure, Exxon-Valdez Oil Spill, Court Automation, and a Keynote presentation by Justice Anthony Kennedy on Judicial Independence.

An interesting quote from this conference came from Justice Anthony Kennedy, Ninth Circuit Court who stated:

"Justice Kennedy likened the American heritage and cultural expereience to an extended conversation or series of conversations that continue over time. These conversations are what unite us as a people and enable us to explore and express the shared traditions that define us as a community. They are, or ought to be, civil conversations. The privilege of free speech that underlies with it a responsibility to strive for standards of decency and decorum... Only by adhering to this formal structure can we as an institution talk about the problems of race or religion or speech in a long and continued and sustained conversation."

The Twelfth SPJC took place in Australia in 1997.

The topics discussed were Teaching Law in the South Pacific, the Institute of Justice and Applied Legal Studies (IJALS), Findings of Judicial Training Needs, and Challenges.

An interesting quote from this conference came from Dr. Guy Powles, Monash University Law School of Melbourne, Victoria who stated: 

"Most Pacific Island states and territories had plural legal systems in the sense that each was derived from two or more independent legal traditions, including one that was indigenous to the society and one that had been introduced from common law or civil law origins. There was often also constitution and statutory provisions which claimed precedence over all pre-existing traditions. This legal pluralism introduced legal conflict and inconsistency, with resulting intractable issues being left to the courts..."

"Successful training must be based on national needs in terms of delivery, language, substantive law, procedure, customa nd tradition, and that in-country training from local experts and imported consultants was preferred. Education was also needed for court officers and personnel as a prerequisite to effective administration."

The Thirteenth SPJC took place in Samoa in 1999.

The topics discussed were the Pacific Judicial Education Program, Intellectual Property and Cultural Rights of Indigenous Peoples, Sentencing Criminal Cases, and Judicial Independence and Impartiality.

An interesting quote from this conference came from Mr. Livingston Armytage, Australian consultant in judicial and legal development who stated:

"Judges are educated professionals and as learners, they are self-directed. They have an intensely short-term problem orientation, and tend to have highly focused problems. They know what they need to learn, and want it to be immediately useful. The more sharply the potential learner has managed to define the problem, the less satisfactory traditional classes will be. Judges, he continued, pursue competence for its own sake rather than for promotion or material gain. Good judges can be made, but they make themselves through learning, rather than through being taught... Effective training should promote the development of the distinctive skills of judging, and reflection on attitudes relating to fair trials, and equality before the law (the 'how') as well as substantive law and procedure (the 'what')."

The Fourteenth SPJC took place in New Caledonia in 2001.

The topics discussed were Threats to Judicial Independence, Judicial Cooperation in Civil, Commerical and Penal Matters, and Juvenile Delinquency.

An interesting quote from this conference came from Chief Justice Tuivaga who stated:

"Threats to judicial independence don't always come from the executive. Sometimes, for example, powerful business interest groups can influence judges, undermining judicial impartiality. The news media can undermine judicial independence by excessive discussion about a case or judge. Powerful criminals can sometimes threaten judicial independence, as has been happening in Columbia where 122 judges, lawyers, and prosecutors were murdered between 1979-95 under apparent orders from the drug cartels..."

The Fifteenth SPJC took place in Papua New Guinea in 2003.

The topic discussed were on Judicial Independence in the Pacific, with presentations by Judge Robert K. Woods from Papua New Guinea on: "Minimum Standards for Judicial Independence: A Pacific Perspective," Chief Justice Robin Millhouse from Kiribati on: "Problems Establishing Judicial Independence in Small Jurisdictions," Chief Justice John Muria from the Solomon Islands on: "The Struggle for a Separate Judiciary Budget in the Solomon Islands," Judge Ian Barker of the Court of Appeals of Fiji, Samoa and the Cook Islands on: "The Role of the Judiciary in Extra-Constitutional Changes of Government," Chief Justice Vincent Lunabek on: "Developing Culturally Appropriate Dispute Resolution Procedures: The Vanuatu Experience," Rio Flocco of Posman, Kua, and Aisi, Lawyers on: "Progress Report on the Pacific Legal Convention," Chief Justice Gerard Fey from New Caledonia on: "The Importance of the Media to Judicial Independence," and Judge Clifford Wallace of the U.S. Court of Appeals for the Ninth Circuit on: "Critical Issues Relating to Judicial Independence and Judicial Accountability."

An interesting quote from this conference came from Chief Justice Andon Amaraich who stated: 

"With the globalization of the world economies and other governmental activities, so should also come the globalization of responsibility for insuring that judges everywhere are appropriately trained. Those who are fortunate enoguth to have been trained in law should find it their obligation to assist in training the lay judicial officers who have not been as fortunate."

The History of the South Pacific Judicial Conference