Supreme Court of New Zealand

Supreme Court building: Frequently Asked Questions

Supreme Court Building Design

Questions and Answers

What has been developed for the Supreme Court building?
The new Supreme Court building will be a significant addition to Wellington’s and New Zealand’s public buildings and will be a heritage site for the future.

The design concept provides for a new two level building on the Justice Park site, which is connected to the old High Court building so that the two buildings can be used together. The new Supreme Court building is a modern interpretation of the old High Court building. The Supreme Court will be housed in the new building and will also make some use of the old High Court building which will be restored to a high standard.

The legal and social importance of the Supreme Court, and the major cultural change that sees New Zealand’s highest court now in New Zealand instead of in the United Kingdom, will now be given expression both by the restoration of the old 1881 High Court building and the construction of a new building in a contemporary style.

Where will the new Supreme Court building be located?
The new Supreme Court building will be located on Lambton Quay between Whitmore Street and Ballance Street.

When will the new Supreme Court building be built?
It depends on a number of factors including the Resource Consent application. However, the aim is to begin site clearance in March 2007 and construction in May 2007. It is expected construction will be completed by early 2009.

What is the overall design concept?
The overall design concept that has been developed for the Supreme Court building incorporates a free-standing courtroom as the central focus of the building, with the courtroom being visible from outside the building. The concept of the free-standing, visible courtroom will act as a metaphor for promoting ‘justice to be transparent and open’. Similarly, judges will preside in the court space at eye-level with legal colleagues and the public, reflecting a sense of equality. The new building will be surrounded by a bronze screen depicting the strength, durability and stature of the Pohutukawa and Rata tree.

With a timber interior and the bronze screen of Rata and Pohutukawa sheltering the court, the building internal and external environment will have a uniquely New Zealand atmosphere.

Why was a modern design selected?
According to heritage guidelines, the new building should reflect the era in which it is built but be respectful of its neighbour the old High Court. As it has a 100 year life expectancy it will become one of New Zealand’s heritage sites for the future. It’s a unique design that architecture students in the present day, and in the next century, will want to study because it truly reflects its era.

Why didn’t the architects just replicate the old High Court building when designing the new modern part?
This approach isn’t considered appropriate because the end result can often appear ‘Disney-like’ as it would lack authenticity. Also, this approach would not abide by the guidelines of the New Zealand Charter for the Conservation of Places of Cultural Heritage Value which states that ‘any additions and alterations should be compatible with original fabric but should be sufficiently distinct that they can be read as new work’. However, the new building is still sympathetic in form, height, proportions and the types of materials used in the old High Court building.

The New Zealand Charter for the Conservation of Places of Cultural Heritage Value is used by heritage organisations as a guiding document for heritage conservation and has been adopted by the Historic Places Trust and some territorial authorities. The Charter, along with the Ministry of Culture and Heritage’s Heritage Management Guidelines, the Wellington District Plan and the proposed District Plan change 43, will be used in assessing the design for the resource consent applications.

What were the restrictions/limitations or considerations that had to be adhered to in the overall design?
In developing the architectural design of the new building, the key considerations were to:

• Meet the functional needs of the Supreme Court as established with the Judiciary and other stakeholders;
• Create a building befitting its importance as a major public building representing the highest court in New Zealand;
• Give acknowledgement and identification to the courtroom as the most important space in the building; and to
• Create a building of its own era, which is sympathetic to the historic old High Court building.

What are the key design features?
The key design features established for the Supreme Court are:

• The use of key elements taken from the old High Court building in respect to height, scale, axial alignment of the courtroom and a common ground level platform;
• The identification of the courtroom as the significant internal space, through the concept of a free-standing courtroom, oval in shape, at the centre of the building. The courtroom is actually separated from the rest of the building structure by light voids, with the exterior of the courtroom visible from the street;
• The building needs to have an identification for New Zealanders, achieved through the concept of an exterior screen to the building depicting Pohutukawa and Rata. The imagery of Pohutukawa and Rata is associated with providing shelter, protection, binding, strength, wisdom, and longevity and have an important place in Tikanga Maori;
• The incorporation of best practice sustainability choices into the design to achieve a low energy usage building.

Are there functional aspects to the Pohutukawa and Rata screen?
The exterior screen that depicts Pohutukawa and Rata isn’t just about aesthetics; it also provides solar shielding, glare control and privacy. The solar shielding helps to stop the sun from over-heating the building thereby reducing the need to frequently use air conditioning to cool it down.

Why does the Supreme Court building need to occupy Justice Park as well as use most of the space in the old High Court building?
The Supreme Court has unique accommodation needs that could not be fitted within the boundaries of Justice Park or only within the existing rooms of the old High Court building. The facilities that are required in a Supreme Court take up a space of approximately 3000m2. As the building could not be more than two stories high, and it was important to retain as much of the historic old High Court building as possible, it was necessary to utilise most of the available ground space. Justice Park has always been set aside for future development purposes so it was an obvious choice to use that space. Also, using the old High Court building has meant that this heritage site can now be fully restored, given earthquake protection and returned to its historic legal usage as the original Supreme Court of New Zealand. It was also important the new building had a spacious feel to it as it needed to be befitting of the status of the highest Court in the land. The building is also unique in that it will be utilised for at least 100 years and in doing so, needed to reflect permanence.

What will happen to the old High Court building?
The old High Court building will be fully restored, given earthquake protection and returned to its historic usage as part of the new Supreme Court of New Zealand.

Some parts of the building on the Lambton Quay side will need to be removed to allow for building requirements such as disabled access. However, most of the building will be retained and fully restored to a very high standard. The public will have access to the important heritage spaces of the entrance lobby, foyer and No 1 Courtroom. These spaces are rated as ‘of exceptional value’. Elsewhere, especially in the corridors and the No 2 Courtroom, remaining original fabric will be conserved, enhancing the architectural qualities of the building. In addition, cornices, pediments and parapets of the exterior, and the chimneys, will be restored to enhance the authenticity and aesthetic qualities of the building.

How is the old High Court building currently being used?
The old High Court building has not been used since 1993 and is now in a derelict state needing a new use and significant upgrading of all aspects of its fabric and services. The Supreme Court building project includes the restoration of the old High Court building so it will be good to see the old building back in action again.

Why wasn’t the old High Court building restored years ago?
Until a purpose had been identified for the old High Court it wasn’t considered good use of public money to restore the building without knowing what its end function or purpose would be first. However it was always acknowledged that the building would be reserved for something special. We are pleased it can be utilised for the Supreme Court and will now be restored to a very high standard. The structural and architectural work will give the building a further life of at least 100 years.

Where is the Supreme Court being housed at present?
The Supreme Court is currently operating from the lower ground floor of the Wellington High Court which houses the temporary courtroom and registry.

What will the Supreme Court building house?
The new building has been developed to provide a free-standing courtroom with a double height ceiling, space for the registry function and ancillary services, a library and judicial chambers.

Will the old High Court building be safe?
A significant cost in the restoration of the old High Court building is base isolation of the building for seismic protection. Base isolation is a strengthening method that allows stone and brick buildings to stay still during an earthquake. This works by having bearings under the building which dampen the ground movement. New buildings have large steel or concrete braces which provide earthquake protection in a different way by providing strength to the building so it can cope with ground movement during an earthquake. Both methods can provide the same level of protection for the inhabitants but just involve different types of construction work.

The new part of the Supreme Court building will have concrete and steel support braces so that it can move with the ground during an earthquake. The old High Court building will have base isolation to help it stay still during an earthquake. Base isolation was chosen for the old High Court building to limit the intrusion of steel braces into the fabric of the building and the interior spaces – this was considered important given the heritage significance of the old High Court building.

Is the building following sustainable design principals?
The building has been designed in accordance with sustainable design policies and with low energy use in mind. It will utilise displacement ventilation and solar heating and may also utilise ground source energy exchange. In addition, material selection and building processes will be determined by sustainability criteria. A lot of the technology incorporated into the design is leading edge. Features such as 50 water bores to act as heat exchangers and the collection of rain from the roof for water for the fire sprinklers will be explored as part of the design development. Although this has all added to the cost of the building project, it will result in operational cost savings.

How will the old High Court building be utilised?
It is proposed to utilise the old High Court building to provide a conference/large meeting room facility for the Supreme Court, a room for use by the Judges between court sittings, additional ‘back office’ space for the registry and space for staff facilities.

The old High Court building will also be utilised to accommodate the Chief Justice’s administrative staff and provide a separate office and meeting space for the Chief Justice to undertake her administrative functions away from the Supreme Court utilising a separate entrance from Whitmore Street.

The No.1 Courtroom (in the old High Court building) will be used for ceremonial purposes and where practical, for use by other jurisdictions as a hearing room.

How will the remaining space at the old High Court building be utilised?
The remaining space in the old High Court building will be completely restored and will be made ready for future use. These remaining spaces will enable any future growth in the Court’s or the Chief Justice’s administration function to be accommodated in the same building. This will mean that separate accommodation will not need to be sought in the future. Provision of space in the old High Court building that allows for future growth will enable the building to meet its 100-year design life requirement.

Will the new building serve as a forum or venue for educational purposes?
The Supreme Court building and the old High Court building will be utilised in an educational role to provide information regarding the New Zealand legal system and its history. The history of the old High Court building and its contribution to New Zealand’s legal history will also be provided. To facilitate this role the Supreme Court Building and the old High Court building will be added to the tour programmes that include visits to the Parliament Buildings and the No.1 Courtroom will, at certain times, be made available for viewing by the public, school and tour groups.

What will happen to Justice Park?
Justice Park was always set aside for development and is considered under utilised at present. Initially, Justice Park will be closed for a month to undertake exploratory drilling. This is likely to take place in October/November 2006. It will then re-open to the public. However, once site clearance begins in approx March 2007, there will no longer be access to the park. Instead the space the park occupies will host the new Supreme Court building and will once again be associated with justice.

Why is exploratory drilling taking place on Justice Park?
Exploratory drilling will take place in Justice Park for a period of a month in approximately October/November. Exploratory drilling is required to help in finalising the construction design as the engineers will need to find out what is below the topsoil. The new building will be on piles so it is important to drill down to the bedrock to find out what is there and what the soil composition is.

Will any part of the new Supreme Court be underground?
Yes, the basement of the new building will be under the ground and will house the building services plant room and car parks. The Plant will service both the new building and the restored old High Court building. The Plant, which is usually placed on the roof of buildings, will be underground for aesthetic reasons and also because it’s the most efficient location to connect services to both buildings.

Who has been consulted during the design process?
Extensive consultation has taken place with the Supreme Court Judiciary, Historic Places Trust, Ministry for Culture and Heritage and Ministry for the Environment on the development of the design concept. A number of meetings have taken place with these parties to update and present to them the various design iterations and to receive feedback regarding the design development. Liaison with the Wellington City Council has also taken place.

Judicial consultation has focussed on confirming the Supreme Court’s functional requirements and to develop a proposed floor layout that strives to meet those requirements. The Judiciary has also been consulted regarding the external architecture of the new building.

Consultation with the Historic Places Trust and the Ministry for Culture and Heritage has involved updates on and iterations of the development of the floor layouts and the consequential exterior shape of the building, discussions around the connection points between the two buildings and the ‘look and feel’ of the exterior architecture of the new building.

The Wellington City Council has been consulted to ensure the design concept will be compliant with the existing District Plan, proposed District Plan changes and Resource Management Act requirements. This has particularly focused on the significant position this building holds in regard to urban design as it will be located in the gateway to Lambton Quay and also because of its importance within the newly proposed ‘historic areas’ designations within the city.

As part of the design process, the Ministry of Justice commissioned an Assessment of Effects in respect of the new design concept, which was undertaken by Chris Cochran, a Conservation Architect. An Assessment of Effects considers the impact that the proposed design/alterations will have on the heritage values of a building. The assessment is done with reference to international conservation and heritage practice charters, Wellington City Council District Plan criteria and the current project brief and constraints. The Assessment of Effects has been provided to the Historic Places Trust for their information.

Consultation will continue with the Historic Places Trust throughout the design development and construction phases and it is intended that consultation with other interested parties will be undertaken as part of the Resource Consent process.

What do the judiciary think of the new design concept?
The Judiciary has expressed support for the proposed floor plan layouts and the design concept emphasising the courtroom as the central internal space and for the courtroom to be seen as its own form.

What does the Conservation Architect think of the new design concept?
In his Assessment of Effects, the conservation architect, Chris Cochran, reached the following conclusion:
“On balance, and considering all aspects of the proposed upgrading using recognised criteria, my view is that there is very positive heritage benefit in the planned work.

In time, it will be seen that the upgrading and restoration of the old Supreme Court not only enhanced the usefulness and extended the life of a very important heritage building, but to have been a very significant event in its life, the most importance since its construction in 1881”.

What does the NZ Historic Places Trust think of the new design concept?
In their letter dated 4 August 2006, the General Manager Central Region of the NZ Historic Places Trust commented that:

• The Trust supports the conceptual design as presented by the architects. The new building is expected to be compatible with the historic High Court and sympathetic to the Government Centre Historic Area. The design is an exciting and contemporary solution that reflects New Zealand’s unique natural heritage, while respecting our historic heritage. Interpretation of the Supreme Court’s history will further contribute to the positive values of this project.
• The Trust also noted the intentions of the Ministry to request the Wellington City Council to publicly notify the resource consent for this project, and expressed its support as consultation on such an important public project should be as wide as possible.
• The Trust also commented that it concurred with Mr Cochran’s Assessment of Effects and is very pleased that a solution has been found that would result in a majority of the significant elements of the historic building being restored.

What can I do if I want to make a submission for the Resource Consent required for the Supreme Court building?
The Wellington City Council will be asked to publicly notify the resource consent application. This will give you the opportunity to submit your views on the new building design. The Wellington City Council usually calls for submissions from the public via a public notice in the major daily newspapers such as the Dominion Post, NZ Herald, Christchurch Press etc.

Who are the architects?
New Zealand architectural firm, Warren and Mahoney are the architects of the Supreme Court building. Warren and Mahoney have been practicing for half a century. Over those fifty years no architectural practice has received more awards from its peers. Some of Warren and Mahoney’s most well known designs include the Michael Fowler Centre, the Beehive and Westpac Stadium. They are also well known for their restoration designs for heritage buildings such as the Old BNZ Bank Arcade and the strengthening and refurbishment of Parliament Buildings.

Warren and Mahoney first earned their reputation for excellence in the 1950’s when they designed the Christchurch Town Hall. The town hall was the key architectural commission of the decade and is considered the culmination of an architectural renaissance that changed the way the city was perceived. You can find out more about Warren and Mahoney by visiting their website at www.wam.co.nz.

What is the cost of this project?
The total cost of the proposed design concept is:

• Full restoration of the old High Court building is estimated at $25.3 million: and
• Construction of a new Supreme Court building is estimated at $39.8 million.

Almost half of the cost of the project is the cost of restoring the old High Court building.

This estimate is based on detailed cost calculations which includes estimates for construction, fit out and equipment, allowances and fees necessary to provide the full functionality for the Supreme Court and full restoration of the old High Court building. The estimate also includes contingent allowances for design and construction risks and an allowance for escalation in prices through to completion in early 2009.

This cost estimate is higher than the indicative cost range set out in the March 2006 paper of between $49.7 million and $53.4 million. The increase from the March 2006 indicative cost is attributable to the current cost being based on an actual design developed for the now defined requirements for the Supreme Court. Whereas the earlier budget number was based on an assumed area requirement only.

Also, the new design incorporates features developed to present the building as a significant and important public building of stature and is based on environmentally sustainable design principles.

It should be noted that a significant cost in the restoration of the old High Court building is base isolation of the building for seismic protection. This option has been included as it will limit the intrusion of strengthening elements into the fabric of the building and the interior spaces. Given the heritage significance of the old High Court Building, base isolation is considered the appropriate form of seismic protection. Provision has also been made to fully restore all interior spaces in the old High Court building even where they will not be initially used.

The Ministry considers that it would not be appropriate to reduce or limit the restoration of the old High Court building given its significance as a historic building and its current condition.

What will Resource Consent be needed for?
Resource Consent will be required for the alterations of the old High Court building and the new building. This is so it complies with the Wellington City Council central area design guidelines and the effects on the listed heritage building.

The proposed District Plan Change 43 now includes assessment criteria for effects in relation to archaeological values. The old High Court building and the Justice Park site will both be assessed as potential archeological sites and will require assessment within the application. A separate archeological authority is also required from the Historic Places Trust.

What is the timeline for the next steps?
The process for moving the project forward is set out below. As stated above, the next critical stage in the project is to obtain Resource Consent. The key tasks and associated timeframes are:

• Complete and lodge Resource Consent application. This is expected to take two months from the date of Cabinet approval.
• The notified consent process will take three to three and a half months
• Throughout the period October 2006 to March 2007 - complete design development and prepare detailed plans.
• Demolition and site clearance during March/April 2007.
• Commence construction works May/June 2007.
• Completion of works in early/mid 2009.