Beyond a numbers game: Developing a nuanced approach to judicial diversity for Aotearoa New Zealand

This article develops a nuanced approach to judicial diversity suitable for a future Aotearoa New Zealand judiciary. The traditional account of judicial diversity has focused solely on increasing the overt diversity of the judiciary, such as increasing the number of Maori or female judges. This article contends that a sole emphasis on the traditional approach limits the promotion of judicial diversity by imposing a restrictive view of humanity in confining judges solely to their overt physical characteristics. In doing so, the approach fails to appreciate the true value of judicial diversity: the incorporation of diverse perspectives. Because the traditional approach focuses on overt manifestations, its practical implementation may be fraught with difficulty as it fights for consideration alongside merit. This article broadens the judicial diversity debate by including tacit diversity. Tacit diversity considers factors such as a judge's professional background, skill or expertise. Implementing this nuanced approach will result in a breadth of experiences being incorporated into the judiciary, moving Aotearoa New Zealand toward the types of judges needed for our changing society.