rules-of-court new-zealand
How can plaintiff/prosecutor hold the court to account if it intentionally stalls proceeding?
<p>When the ball in court proceedings is on the judge's side, i.e. the judge is taking their time to work out directions/decisions, and it takes too long — what legal recourse does the plaintiff or prosecutor have? Are there provisions in place that prevent negligent or corrupt judges from stalling proceedings without good reason? Are there timeframes that courts must observe?</p>

<p>If this question is too broad, let's scope it down to private prosecutions in New Zealand, specifically when a <a href="http://www.legislation.govt.nz/act/public/2011/0081/150.0/DLM3865715.html" rel="nofollow noreferrer">proposed prosecution is referred to the judge for a direction (s26(1)(b))</a>. How long should a private prosecutor wait for the judge to come back with a direction before lodging a complaint to the <a href="https://www.jcc.govt.nz/complaintprocess.html" rel="nofollow noreferrer">Judicial Conduct Commissioner</a>?</p>

<p>The availability varies by jurisdiction, but the general mechanism would be a <a href="https://thelawdictionary.org/procedendo/" rel="nofollow noreferrer">writ of procedendo</a>:</p>

<blockquote>
  <p>A writ which issued out of the common-law jurisdiction of the court of chancery, when judges of any subordinate court delayed the parties, for that they would not give judgment either on the one side or on the other, when they ought so to do. In such a case, a writ of <em>procedendo ad judicium</em> was awarded, commanding the inferior court In the sovereign’s name to proceed to give judgment, but without specifying any particular judgment.</p>
</blockquote>

<p><a href="https://www.courtsofnz.govt.nz/the-courts/high-court/high-court-judgment-delivery-expectations-inquiry-process-and-recent-judgment-timeliness" rel="nofollow noreferrer">In the High Court of New Zealand</a>:</p>

<blockquote>
  <p>The judges of the High Court expect that 90% of decisions will be delivered within three (3) months of the last day of hearing or receipt of the last submission ... Where a litigant or a lawyer is concerned about a delay in the delivery of a reserved judgment in a case in which they have an interest, they may make an inquiry to the court manager of the court where the matter was heard.</p>
</blockquote>

<p>But generally the High Court’s reserved decisions concern factually and legally complex disputes which the court resolves with detailed written reasons. A decision of the District Court under s 26(1)(b) seems much more straightforward. Rather than formally complaining about the fact that the decision has not already been made, it might be better just to politely ask the court registry when it is likely to be made.</p>

<p>You have answered the broader aspect of the question yourself – negligent or corrupt judges can be held to account by the Judicial Conduct Commissioner, which could theoretically result in the Commissioner recommending that the judge be removed by the Governor-General under (in the case of a District Court judge) <a href="http://www.legislation.govt.nz/act/public/2016/0049/33.0/DLM6942309.html" rel="nofollow noreferrer">section 29 of the District Court Act 2016</a>. However, <a href="https://www.parliament.nz/en/document/47HansQ_20040325_00000227" rel="nofollow noreferrer">this has never happened</a>.</p>
