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NZ Supreme Court Insights

“The welfare of the people is the supreme law.” -Cicero

  • No Law Too Sacred

    No Law Too Sacred

    The Supreme Court of New Zealand will not allow public access to applications and submissions to this, our highest court.  But why? Consider the recent disguised appeal of Rabson v Judicial Conduct Commissioner & Others SC21/2017 and the most fundamental tenet of law – that no one should be a judge in his own cause.  Underlying this appeal, Sian Elias CJ and William Young J sought and obtained an order of costs in their personal favour in the High Court as Second Respondents, then instructed counsel to oppose appeal of this costs order at the Supreme Court.  As presiding judges they then agreed with their counsel, ruling the appeal be dismissed.  In their Judgment Justices Elias and Young incorrectly stated the […]

  • Take The Money And Run… And Hide

    Take The Money And Run… And Hide

    In another page from the secret court files of New Zealand’s highest court is the cloak and dagger appeal of Rabson v Judicial Conduct Commissioner SC21/2017. No one can tell by the Registry’s file reference that this appeal concerns a costs order obtained in favour of Supreme Court justices Sian Elias, William Young, Susan Glazebrook, Terrence Arnold and Mark O’Regan.  The Registrar has repeatedly refused to allow his judicial bosses to be properly named in the appeal, writing the Appellant on 13 March 2017, “The High Court struck out the Supreme Court judges as the second respondents and as such they are not included in the application for leave to appeal”.  This position comes notwithstanding the appeal ground being the High […]

  • Kingmaker Finlayson

    Kingmaker Finlayson

    The most prolific litigant in New Zealand is also the sole appointer of New Zealand judges and his touch is having a profound effect on the nation’s jurisprudence. The New Zealand Attorney-General appoints every judge in a secret process which recommends he consult with the Chief Justice of the Supreme Court but notably entails no public vetting or confirmation and no public record of his/her considerations. Since 2008, that person has been Attorney-General Chris Finlayson (pictured). The upshot is Mr Finlayson has personally appointed all but one of the current Supreme Court judges (sans Sian Elias CJ), all of the 10 Court of Appeal judges and 33 of the 46 High Court judges.  By any measure it is an unprecedented […]

  • Judge Discretion in NZ Mocks Procedural Rules

    Judge Discretion in NZ Mocks Procedural Rules

    A judicial review of the Judicial Conduct Commissioner’s refusal to consider the merits of a complaint against five Supreme Court judges subverting due process and keeping their actions off the record was summarily struck out on 20 December in the Wellington High Court. The complaint alleged five Supreme Court judges committed misconduct by meeting secretly on their own initiative to change court record access law on issues not before any court, without notice to or hearing from anyone, in a functus officio capacity (i.e. after the appeal had been conclusively decided).   These facts are not disputed. In September Commissioner Alan Ritchie held he lacked jurisdiction to consider the complaint because s8(2) of the Judicial Conduct Commissioner and Judicial Panel Act 2004 […]

  • Story Book Justice at Supreme Court

  • Shhupreme Court of New Zealand News

  • New Zealand’s Latest Idealistic Kiwi

  • Different Law Applies To New Zealand Judges

  • End Of An Era At The Supreme Court

  • Supreme Mystery Surrounds Rare Court Order

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