nz supreme court judges

He was appointed a judge of the Supreme Court on 11 June 2013. I got to know him in mellower mode in the years following my appointment to the bench because he happened to live down the road from me. Terence Gresson was appointed to the bench at the age of 42 (the same age at which I had been appointed) in 1956. Not as sharp legally as Finlay, he was popular with the bar. Fortunately, I didn’t need to drive to his house. The mill was and is activated when a lawyer is about to be elevated. There, Sir Thaddeus gave the judicial input into the design and considered that only the President’s Chambers should be provided with an en-suite. The judgment was always concise and clear and rarely appealed – let alone successfully appealed. In those pre-Family Court days, one could sue the co-respondent (ie, the “other party”) for damages for adultery. The Court of Appeal building’s subsequent reincarnation in Molesworth Street was obviously an improved facility. In 1994 he became a barrister sole and shortly thereafter he was appointed Queen’s Counsel. This term, the court has three cases that touch on the issue. Decree Nisi.”. Previously, the court had sat in the Wellington Supreme Court building which before its fairly recent renaissance, had many deficiencies. The anodyne term “Associate Judge” was introduced some years later. His daughter, Anne Gambrill, was one of the first Masters to have been appointed when the office was created in 1987. There was litigation over whether judgment could be delivered after his death. One of the grounds advanced for the creation of the Court was that it would allow more people to have access to the country's highest appellate court. Home — Courts of New Zealand. Decisions of the Supreme Court may be publicly available in PDF format through Supreme Court Decisions and Judgments of Public Interest on the Courts of New Zealand website. But Kip proved them wrong and managed many important criminal trials with the same aplomb he had displayed at the Tru-cut Homes Ltd (in liquidation) creditors’ meeting just described. jackinabox Founding Member. Supreme Court judges of the 1950s and early 60s were few in number and rather remote figures. On his retirement, Sir Alex became Butterworth’s principal editor and recruiter of textbook authors. The other judges would have to share a lavatory (men only were catered for in those days,). In 1841 an ordinance of the Legislative Council established the Supreme Court of New Zealand, which continues in existence as … His career at the bar had seen him undertake a variety of cases including criminal defence work – such as the famous George Horry case where a murderer was convicted without any evidence of the corpse of the deceased ever being located. She was later appointed as a Judge of the High Court of Fiji. My first appearance in the Supreme Court (apart from obtaining a decree absolute in a divorce case) was before Hutchison J and a jury. Owen Woodhouse was appointed in 1960 from practice in Napier to sit in Auckland. He also has experience in other areas of the law appearing before the District Court, High Court, Court of Appeal and Supreme Court of New Zealand. The Courts; Supreme Court; Supreme Court. A creditors’ meeting was held in the former office of the company. From the lies in a thousand slips she fed him death,from a thousand loves she turned his sight,and that last night she sank himin the quicksand grip of a family mansion –so far from home,in solitary confinement she left himto spread his last breath by lawand cast his final judgement.And round about his mates are stepping pastdrunk with respect, damning his retreat,he alone selecting himself for death.‘And should it be so?’Passing borders of a life lost in clotted hopeby a driveway, by a river, by a bridge, by a sunken garden,where athletic breaths and calls are lost in the wind,the loss of a thousand loves set in a thousand storms.‘Come my father, so swiftly.’This is the way she got inand this was the mien she knew…alone she could burn and set the hand to midnightsatisfied to swoon in her mocking moonbeams,assured her perfection and completionbreaking the pace of his being, the tide of his love.Perhaps autumn leaves, their fires to fuel,or Ireland’s lore could hold in faith a light,could charm beyond a church bell’s harvest…but the door had been shut fast.Only the cat was welcome to the inside hearthall else estrangednothing left but the weave of her thousand snares.Night scratches time in a soft soultouches tangled flowers and rhymehis eye to the last riverbank, caught.‘Can it be, my father?Will it be…?’Alive the profusion of sweet peas by the wash-houseedging the drying-green of a fading Gartmore,passing footprints in the grass, the hollow bark of dogs.A long driveway reaching to another time…autumn leaves casting a last cushion for his head.Countless trees cry on a nor’west wind. Judges. Female “other parties” were called “persons entitled to intervene” and needed neither to be cited nor to take part in the proceedings unless they wished to do so. Turner J had an extremely sharp and agile mind. Replacing the full-bottomed wigs and red robes inspired by those that were used to be worn by the judges of the High Court of England and Wales, the new ceremonial robes better reflect New Zealand traditions and history, the Judicial Office for Senior Court said. (i) Section 111 provides for the appointment by the Governor-General of retired judges of the Supreme Court who are under the age of 75 years as acting judges of the Supreme Court (a judge appointed under s 111 is referred to below as an “acting SC judge”) and for an acting SC judge to be authorised by the Chief Justice to act as a member of the Supreme Court to hear and determine any proceedings within … They could not be sued for damages. George Tama Nicholls v Mark Steven Nicholls, Airini Pirihira Tukerangi, Delace William James, Kahutoroa Mataia Tukerangi, Viv Tama Nicholls, Anita Mari Norman and Sarah Jane Nicholls as trustees of the Ahu Whenua Trust known as the W T Nicholls Trust Sir Wilfred was not particularly gracious, unlike TP Cleary who was courtesy and understanding personified when I unintentionally pinched his space in the library. Sir Terence Arnold graduated from Victoria University (BA and LLM) and New York University (LLM). The court then adjourned and returned for the customary welcoming speeches with the new judge as one of its members. B   Section 81(1) of the Act requires that Supreme Court comprise five judges for the purpose of hearing and determining appeals. Humphrey Francis O'Leary, his wife and son. Judge Terena Wara. Lots to take in and gossip about for legal people! In 2000 he was appointed Solicitor-General a position he held until 2006 when he was appointed as a judge to the Court of Appeal. That intimation was legal code for “I have been appointed a judge”. Vusega Helu: First female (of Tongan descent) magistrate in Fiji (c. 1980s) Nazhat Shameem (1983): First female judge (who is of Indo-Fijian descent) in Fiji (upon her appointment as a Judge of the High … It was said that the strain of this trial was too much for O’Leary CJ who died not so long afterwards. He was often overturned on appeal but was said to be a good leader of and shop-steward for his judges and a reasonable administrator. Not claiming to be a legal scholar, he brought to bear his considerable knowledge of human nature, born of years of practice. This only applied to males who had to be cited as co-respondents. Supreme Court Te Kōti Mana Nui. He blatantly led his client on the vital evidence of the alleged verbal arrangement with her husband – and some judges would have expressed grave annoyance at such disregard of the rules of evidence. Whilst fairly demanding of counsel, he was never nasty or humiliating to them. Paul and I managed to find them a legal out which was reported as R v llich Newson and Tonge [1958] NZLR 670. 17 October 1932 Ref: PAColl-6301-21. Acting Judges. Legend had it that “Woody” won. 7 May, 2010 02:14 AM 2 minutes to read. Selection of acting SC judges for appointment. The Solicitor-General has told the Supreme Court justices they risk undermining New Zealand's democracy, if they rule on whether prisoners should be able to vote. But the combination produced good judgments which were enhanced by the more pragmatic approach of Sir Thaddeus McCarthy – the third member of this memorable court. My then employer had asked Sir Trevor to act for a client who had been seriously injured in a motor accident and who was suing for damages – as one could in pre-ACC days. The Letters Patent of 16 November 1840 (the Royal Charter) empowered the governor to constitute courts and appoint judges to administer justice in the colony. 3   The practice of the Supreme Court in relation to the use of non-permanent judges to hear and determine specified proceedings is as follows: (a)  If any acting SC judge is available for a specified proceeding or proceedings, the Chief Justice will authorise an acting SC judge to hear and determine the proceeding or proceedings under s 111(4)(b) of the Act. Patricia Hackett (1936): First female lawyer to take out a practicing lawyer's certificate in Fiji; Mere Pulea: First Fijian female to earn a law degree. I had committed the gross breach of Wellington protocol by sitting in Sir Wilfred’s place. Turner J had the extraordinary knack of articulating in succinct phrases one counsel’s best argument and then articulating the best argument for the opposition. ... Aren't Supreme Court Judges supposed to treat all cases fairly and put aside their own religious beliefs? At least in 1960 there was the rather flimsy protection for subbies offered by the liens legislation which was repealed in 1989 and sort of replaced years later by the Construction Contracts Act.). See Westfield Freezing Company Ltd v Steel Construction Company Ltd [1968] NZLR 680. Kip dealt with all enquiries and articulated potential legal problems with considerable aplomb and knowledge but with great courtesy to all, including the neophyte lawyers. The whole process was over in a few minutes after the admittee had taken the prescribed oaths and the judge had offered formal congratulations and exchanged pleasantries with counsel moving. Attending solicitors – most of them young like me because the fee potential was not great – sat wherever they could or else stood around. He was acting for a construction company which had gone into receivership or liquidation owing heaps to the usual unhappy cohort of subcontractors. Visit website › Good-humoured and very professional, he ran his court with grace and style, whilst always with the requisite dignity interspersed with humour. Nicholas Gresson QSM is a poet and last year he published a fourth collection of poems, The Writing Point (Australian Scholarly Publishing). Justice Bill Wilson. The profession adapted well and, on the principle “The Lord giveth, the Lord taketh away”, new horizons for litigators appeared with such statutes as the Matrimonial Property Act and the Commerce and Fair Trading Acts. Regardless of the family viewpoint, the Chief Justice Sir Richard Wild remained totally supportive of Nicholas throughout. Judges. Supreme Court Display pages under Supreme Court. Clerks have been employed at the Court since its establishment in 2004. He died suddenly in 1981. Kip Richmond, acting for the liquidator, presided, seated on an apple box. I never appeared before them but observed their performances in an era before time costing and quotas of billable time, when employers did not mind law clerks spending time observing trials when they were “up the hill” filing documents. He brought charm and a relaxed approach to a somewhat stuffy culture and was understanding of and helpful to young lawyers. In New Zealand, our judges are supposed to be just, fair and impartial. Sir George could be a bit theatrical, as on the occasion when he swore-in Trevor Henry as a judge in 1954. Five judges constitute the court, although only two need sit in applications for leave to appeal. The District Courts were abolished in 1925 but later re-established. Sir Trevor mysteriously declined what was a great brief but told my employer that he couldn’t say why. In 1957 the Court of Appeal was fully separated from the Supreme Court, by hav… I appeared once before him in his last year on the bench as a junior for the plaintiff in a personal injury case. Evening Post, 5 Feb 1960 Ref: EP/1960/0507-F. Alexander Turnbull Library, Wellington, New Zealand. Sadly, he died suddenly about three years later whilst on sabbatical in France. I have often thought that Finlay J got it right and that his procedure was more logical in that the new judge did not assume the judgment seat nor don the judicial bling until he/she had been sworn-in. Supreme Court case information. Environment Court Judges: Her Honour Judge M Dickey: Environment (Auckland) His Honour Judge D Kirkpatrick: Principal Environment (Auckland) His Honour Judge JA Smith: Environment (Auckland) Her Honour Judge JE Borthwick: Environment (Christchurch) His Honour Judge JJM Hassan: Environment/Jury (Christchurch) Her Honour Judge P Steven QC: Environment (Christchurch) He and Sir Graham Speight – each faced with a list of 30 undefended divorce petitions – were said to have had a bet over which one of them would get through the list first. Following retirement, Sir Terence was appointed as an Acting Judge of the Supreme Court and sits in the Supreme Court as required. Henry J knew about the power to increase a sentence on the hearing of an appeal. He was particularly empathetic to juries in both criminal trials and personal injury litigation. Justice Gresson’s son Nicholas was aged 27 at the time of his father’s death. If the court is divided, the opinion of the majority is the judgment of the court. 2   The practice of the Supreme Court in relation to the authorisation of acting SC judges to hear and determine proceedings within a specified period under s 111(4)(a) of the Act is that the most recently retired acting SC judge who is available to sit during that period will be authorised. This determination is deemed to have come into force on 1 October 2018 and expires on 30 September 2019. Judgments Judges Acting Judges How cases come to court Legislation History and role Upcoming cases Case information Reserved decisions Judgment delivery expectations Annual statistics The Supreme Court complex Supreme Court File and Pay Contact High Court Te Kōti Matua. His war stories were always interesting, and his quick perceptive mind stayed with him to the end. TA Gresson J in his cultivated voice, having listened to this then said: “Mr Dickson, as the years advance, it becomes increasingly difficult to refuse you. By stretching some generality in the terms of reference, the report of the Royal Commission recommended abolition of personal injury litigation and the establishment of a scheme to compensate all victims of injury, workplace, motor accident or any other type of injury such as sporting injury. the role of a judge’s clerk at the Supreme Court of New Zealand/Te Koti Mana Nui (hereafter “the Supreme Court”). Judges from the High Court, Appeals Court, and Supreme Court … The judges used to take a lunchtime constitutional (weather permitting), not straying too far from base and wearing their black homburg hats, useful for doffing when greeting a lady. There may also be cases on which a permanent judge is unable to sit because of a conflict of interest or otherwise. She then worked for Herbert Smith in London before returning to NZ where she joined the firm of Buddle Findlay, becoming … And their function is little-known and often misunderstood, as I will explain. 1  The practice in relation to s 23 of the Supreme Court Act 2003 has been that all retired judges of the Supreme Court who are eligible (not having reached the age of 75 years) and able and willing to accept appointment have been appointed as acting judges. New Zealand Supreme Court judge to be investigated. The Supreme Court has recently agreed to hear a string of separation of powers cases involving the appointment and removal of various officials. After its creation as a permanent court in 1958, in one of many instances of Justice Department inadequate judicial housing efforts, the Court of Appeal was located in a shocker of a building in Ballance Street which had once housed the Public Trust Office. So, I was well-disposed towards him when his appointment came a few weeks later. All good for the ego! Sir Alex became President of the Court of Appeal and had been one of the members of what I consider to have been one of the best judicial combinations on that court in my time and since: North … First, it is helpful to know husband Simon was the Crown lawyer who unsuccessfully opposed the Taito appeal to the Privy Council, which in 2002 determined New Zealand had engaged in systemic rights and due process abuses over many years in denying appeals. The profession was dismayed when Justice Gresson committed suicide in late 1967. l was involved in a case which ran for some time in 1966 before him. I find it ironic that those two subjects, which we students then considered academic and of no practical use, should assume some importance for me in my “third career” when I undertook international arbitrations. History and role. E  To avoid any suggestion of selection of a judge for a particular case, the Court intends to apply the following policies and practices. The evidence revealed what were, for the time, glitzy, even risqué goings-on amongst members of what was called “a smart cocktail set”, including one man described as “a cocktail lawyer”. They were quite different personalities. The purpose of Judgments of Public Interest is to publish decisions from the High Court, Court of Appeal, and Supreme Court that are deemed to be of significant legal and public interest. This narrative is not the place to discuss the implementation of the report nor the tinkerings by a succession of politicians with its principles and the use by the said politicians of the funds generated by the scheme. Almost a year after he had finished the hearing, he wrote a judgment, signed it, gave it to his Associate for delivery and then died. (ii)  Section 110 provides for the appointment by the Chief Justice, in consultation with the President of the Court of Appeal, of a Court of Appeal judge as an acting judge of the Supreme Court to hear and determine one or more specified proceedings (a judge appointed under s 110 is referred to below as a “s 110 judge”). Supreme Court judges retain concurrent appointment as judges of the High Court. Post official retirement, he was a temporary judge in Auckland when I was first appointed to the bench in 1976. Unlike as in all the very many swearings-in which I have attended (including my own in 1976), the new judge took his oaths of office not from the bench but whilst standing at counsel’s table in counsel’s robes and wig. His death by suicide on 14 November 1967 at midnight was a major shock, but the prevailing attitudes and conventions of the time meant it was not discussed. Chief Justice of New Zealand-Wikipedia. Appeals could be taken from the Court of Appeal to the Privy Council. As a guest at Auckland Law Society Council dinners for visiting judges at the long-closed Professional Club in Kitchener Street on the odd occasion when the Court of Appeal sat in Auckland, he was a fan (in appropriate moderation) of Jacob’s Creek Shiraz which he always called “Jackson’s Creek”. In addition to his Māori Land Court role, in 2018, Judge Armstrong was also appointed as a Judge of the High Court of Niue. In the ten years from 1992–2002, only 21 decisions had been allowed with respect to New Zealand. I had been unaware of this very Wellington custom of reserving seats for VIP members of the profession without any indication to ignorant Jafas of the pre-emption. If they are not, what set American judges apart from those in China, North Korea, Iran etc? As an aside: my only experience of Sir Wilfred was when I was in the old Wellington Court library preparing to argue my first major appeal in the Court of Appeal the following day. Senior counsel squabbled consistently throughout, and it was all too much for the judge who threatened to leave the bench unless counsel became more reasonable. His ability to engineer change was best seen in the eponymous report of the Royal Commission which he chaired (nobody these days recalls the names of the other Commissioners) allegedly on reform of workers’ compensation. He went on to the Court of Appeal, becoming President. He was the first judge in Auckland to conduct Chambers hearings in the presence of all counsel with matters on the Chambers List. With a crippled leg and an adenoidal and easily imitable voice, he did not suffer fools gladly either at the bar or on the bench. Pages in this section. The Court of Appeal was set up in 1862 as the highest court in New Zealand, but consisted of panels of judges from the Supreme Court. Court of Appeal. I then revert to judges before whom I appeared in my early years of practice. Newly designed ceremonial robes have been adopted by the judges of the Supreme Court of New Zealand. The Court of Appeal is New … The first courts in New Zealand were established under authority of the sovereign, Queen Victoria. He had been Auckland City Solicitor for many years before appointment. In the Court of Appeal of New Zealand and the Supreme Court of New Zealand, each judge has their own clerk. The Chief Justice of New Zealand (Te Kaiwhakawā Tumuaki o Aotearoa) is the head of the New Zealand judiciary, and presides over the Supreme Court of New Zealand. By: Phil Taylor. He was rather gruff but basically pleasant to appear before – with expressive bushy eyebrows. It was said that Sidney Holland, the then Prime Minister (arguably one of the worst of that category in my lifetime) appointed Barrowclough to reward him for his service as a general during the war. Australia is also among the highest proportions (42.9 per cent) along with Canada (44.4 per cent) and Ireland (44.4 per cent). Having passed quite easily these two subjects which I found interesting even in the late 1950s, I was admitted as a barrister in February 1958 by Justice Shorland who was a kindly, able, hard-working and courteous judge who was great to appear before. Law clerk-Wikipedia. New Zealand has the richest judge entitlement in the free world – paying $7.50 for each $1 a judge contributes to their retirement. Barrowclough CJ’s appointment was not received kindly by the profession. He was not noted as a good advocate nor as a particularly astute lawyer. A  Section 66(2) of the Senior Courts Act 2016 (the Act) provides that Supreme Court consists of the Chief Justice and no fewer than four nor more than five other judges. He was very much of the Christchurch establishment and had a patrician air. Their Lordships’ concern at this unusual arrangement was assuaged when they were informed that we had been admitted on the same day. She was admitted as a solicitor of the Supreme Court of England and Wales in 1992 and graduated LLM from the University of London in 1993. The senior judge in Auckland for some years was Sir George Panton Finlay of whom an elderly idiosyncratic steward at the Northern Club was once heard to enquire “Potage, Sir Jarge?” Finlay J was said to have been decidedly user-unfriendly on the bench – particularly to younger or inexperienced counsel. Display pages under How decisions are made, Pōwhiri and Ceremonial Sitting new Chief Justice, Information about other courts and tribunals. With other judges, counsel would crowd the corridor near the judge’s chambers and be summoned – one case at a time – to face the judge. He had practised in Te Kuiti in his younger days, specialising in Māori land law. Chief Justice Elias has also been instrumental in resisting the call for specialised courts in New Zealand, arguing that New Zealand’s strength lies in the ability of its judges to effectively deal with legally diverse situations, ranging from criminal (which makes up 65% of the cases) to complex commerical, intellectual property and trust law. He would try to persuade the colleagues with whom he sat to agree with his approach – not always with success. He led me in Frazer v Walker [1967] 1 AC 569, [1967] NZLR 1069 and I led him in Jeffs v New Zealand Dairy Production and Marketing Board [1967] 1 AC 551, [1967] NZLR 1057.

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