Judicial specialisation: A principled approach for future consideration

Judicial specialisation is a reality worldwide. The New Zealand judiciary must approach proposals for further specialisation with caution. Although there are compelling arguments in favour of specialisation, there are equally compelling arguments opposing specialisation. Therefore, a principled approach must be adopted when assessing the merits of further specialisation in any given field of law. The purpose of this paper is to develop a set of criteria that transcend the abstract advantages/disadvantages, which can be applied generally. These criteria will highlight the nuances inherent in the particular field of law that support/oppose specialisation. The purpose of these criteria is to provide a tool to a decision-maker to help inform, on a principled basis, whether judicial specialisation in any given field of law is appropriate.