Supreme Court Justice Susan Glazebrook

Supreme Court Justice Susan Gwynfa GLAZEBROOK,


Professional Data:

2014 Judge Survey Score (1-10): 8.0    Ranking (out of 62): 15th Jusitice Susan Glazebrook photo

Postion & Titles: Various commercial and governmental committees
Judge of: Supreme Court (2012)  Previously Court of Appeal (2002)High Court (2000)
Specializations and Professional Interests: Academic, New Zealand’s place in the World, Government.  Unfortunately, the law has been subordinated to Justice Glazebrook’s many other interests as she has found herself the ‘queen of the ball’.
Professional Comments: Lifelong interest in learning and teaching. Part-time Lecturer, Department of Commercial Law, University of Auckland (1991 to 1994).. Part-time tutor in Accountancy and English (Oxford, 1985) . Research assistant to the late Sir Keith Sinclair and tutor in history, Auckland University (1984)Worked in Rouen, France with the Government-funded organisation responsible for the resettlement of political refugees in France, (1981-1983)Junior Lecturer in History, University of Auckland (1976, 1978, 1979).Generally considered a centrist. The most liberal Justice on the Supreme Court next to Chief Justice Sian Elias.  Unfortunately lacks consistency on rights issues and lacks ability on equity law.

In the past Justice Glazebrook has been eager to carry the torch of partisanship if it serves her stature within the cloistered ‘boy’s club’ judiciary.

In 2010, Justice Susan Glazebrook was instrumental in a formulating a policy shift (along with Mark O’Regan, William Young JJ and Judge Roderick Joyce of the Rules Committee) which severely limits parties’ access to transcripts in their own proceedings, even for the expressed purpose of supporting an appeal. The Court of Appeal Registrar has been instructed to respond to such requests with the statement “Consideration of appeal options should be by reference to the Court’s judgment, not what was said at the hearing”. The Court of Appeal now routinely refuses to release transcripts to the parties on the spurious ground it costs the court money – even where the parties have offered to pay for the service.

Justice Glazebrook can often be intemporate and unduly dismissive on the bench.  These emotional traits are unpredictable and have been the source of repeated criticism from appearing counsel and her judicial peers through the years.  Glazebrook J is not one of the brightest judges on the bench but she has distinguished herself on the bench as an advocate for civil and political legal rights on an appellate court which historically is prone to dismissing appeals without opening the file (confirmed by the Privy Council in the 2003 case Taito v Q).  The Judge has lost much of her vigour for these rights as her personal position improved to elite status.

Inter-Pacific Bar Association – (IPBA) an international bar association for business lawyers who practice or have an interest in the Asia-Pacific region (1992 to present): Vice President 1996, President Elect 1997, President 1998, Immediate Past President 1999. Member of New Zealand Committee of the Pacific Economic Co-operation Council (1997 to present). Board member (1999 to 2000). .Member of International Bar Association (1997 to present). .Auckland District Law Society (1986 to 2000), Council Member (1993 to 1995), Member of Costs Revision Committee, Audit Committee and Property and Business Law Committee (1993-1995). .Legal Research Foundation (Council Member 1993 to 1995). .New Zealand Law Society member (1986 to present), New Zealand Law Society Taxation Committee (1990 to 1995). . International Fiscal Association (1988 to present), Committee member of the New Zealand branch of IFA (1999 to 2000)

Board of trustees of National Provident Fund (1989 to 2000), one of the largest pension funds in New Zealand. Member Audit Committee 1989-1994, Chairperson of Schemes Committee and Member of Investment Committee 1994 to present. .Member of Business Advisory Board, Auckland District Law Society (1989-1990), a board set up to advice on the commercial activities of the Society. .Director of Counties Manukau Health Ltd (South Auckland Health) (1993 to 2000). Chair of Audit Committee, a committee covering all areas of risk including legal, financial and medical. .Board member of New Zealand Pacific Economic Co-operation Council (“PECC”) (1999-2000).

Tax Education Office Committee (1989 to 1998). The Tax Education Office’s role was a dual one – to educate practitioners and to liaise with Government in respect of issues (and in particular practical issues) arising from taxation legislation. Have been involved in both aspects of the Committee’s role. .Member of Tertiary Capital Charging Task Force, Ministry of Education. This involved examination of valuation issues, capital structure, accountability structures for Crown entities, legal status of Crown entities and their property and Treaty of Waitangi issues (1992-1993)… Member of Management Board of Simpson Grierson Butler White (1992). .Member of Crown Health Enterprise Advisory Committee responsible for advising on the setting up of Crown Health Enterprises (CHEs) in Auckland (1992). Member of Advisory Committee to Government drafting determinations under the accrual tax accounting régime (1988-1991). Accrual rule determinations are binding and form the base of the régime. .Member of State Sector Reform Steering Committee (the Logan Committee) reviewing the State sector reforms, and in particular the State Sector Act and Public Finance Act structures (1991). .EDITORIAL BOARDS
Member of Editorial Board for New Zealand Journal of Taxation Law and Policy (1994 to present). .Member of the University of Auckland Editorial Board for Business Review (1999 to present).
“Clinical Governance and External Audit” co-author with J G Buchanan. Journal of Quality in Clinical Practice (2001) 21(1/2): 30-3. .Society of Accountants Trust Conference – “Professional Liability and Trusts,” May 2001. The New Zealand Accruals Regime : A Practical Guide, 2nd edition, November 1999 (jointly with Jan James, Andra Glyn-Jones and Greg Cole). Women in APEC Meeting (New Zealand), June 1999, “Infrastructure for Trading Success”. .Inter-Pacific Bar Association Annual Conference (Bangkok), May 1999 – Presidential address entitled “The Role of the Rule of Law in the Asian Economic Crisis”. .Institute of Chartered Accountants 1998 Tax Conference, October 1998 “Accident Compensation”. .IBA Conference (New Delhi), October 1997 “International Aspects of Investment by New Zealand Pension Plans and Investment Into New Zealand by Foreign Pension Funds”. .ABA Conference (San Francisco), August 1997 “Regional Attempts at Harmonisation of Law in Asia”. .New Zealand Law Society Triennial Conference (Dunedin, April 1996) – Commentator on paper “The Boundaries of Tort and Contract”. .CCH, Company Constitutions (1995). .”Taxation Issues arising from Share Repurchases” New Zealand Journal of Taxation Law and Policy (March 1995), joint with Jan James. .”The Rationale and Long-Term Objectives Behind the Recent Taxation Reforms” in Women and Taxation pp 189-200 (1993)” (February 1994). .”Revenue Law”: Recent Law Review, Legal Research Foundation (1993) and (1994). .New Zealand Society of Accountants 1993 Tax Conference (October 1993): “Judicial Review and the Powers of the Commissioner of Inland Revenue”. .New Zealand Law Society Seminar Qualifying Company Regime (November/December 1992). .Society of Accountants Seminar Company Tax Update (September/October 1992). .Bowker and Glazebrook, “Transfer Pricing in the absence of comparable market prices” Cahiers de driot fiscal international, International Fiscal Association 1992 Cancun Congress , pp557-566. .The New Zealand Accrual Régime – A Practical Guide (1989), joint with Robin Oliver (a book on the taxation treatment of financial instruments). Cited in judgment of Privy Council in CIR v Auckland Harbour Board [2001] 3 NZLR 289

Background / Education: Has an MA (1st Class Hons), an LLB (Hons) and a Dip. Bus (Finance) from the University of Auckland and a D.Phil from the University of Oxford in French legal history. Before being appointed to the High Court in June 2000, she was a partner in law firm Simpson Grierson and a member of various commercial boards and government advisory committees. She served as President of the Inter-Pacific Bar Association in 1998. She was appointed to the Court of Appeal in May 2002. Law Society
Degrees: BA in History, Auckland 1975, MA History (1st class Hons) Auckland 1978, LLB (Hons.) Auckland 1980, D.Phil., French Legal History, Oxford (U.K.) 1988, Dip.Bus. Auckland, 1994
Admitted to the Bar: 1980
Company Involvements: Various Commercial Boards. Former director and still shareholder Kane Finance Brokers Ltd, Kane Consultancy Ltd. Justice Glazebrook’s husband is still director and shareholder

Personal Data

Born: 8/02/56
New Zealand
Sex: Female
Married: 1992
Gregory Norman Kane. He had 3 children from his first marriage Daniel Gregory b.1978 Mark Norman Alexander b.1979 Elizabeth Carolyn b.1982
Children: 2 (James Harry b.1994 Alexander Thomas b.1996)
Interesting Relationships and Coincidences:  Would likely have made the Court on merit considering the lack of qualified candidates applying for judgeships but has taken a strong stance of imposing secrecy and partisanship in the Court since her appointment.  Cannot be trusted to act honourably where proceedings are not minimally recorded.
Miscellaneous:  Prone to take unlawful actions when flustered.  When she was on the Court of Appeal, the advice was to record Justice Glazebrook’s proceedings as her ‘official version’ often varied materially to actual events in the courtroom.  Fortunately this is not a problem in the Supreme Court where all proceedings are recorded.