Supreme Court Justice Andrew TIPPING

Andrew Patrick Charles Tipping J – officially retired, but back for cameos

 

Professional Data:

2014 Judge Survey Score (1-10):  7.8    Ranking (out of 63):  21stsupreme court justice andrew tipping

Postion & Titles: Past President CDLS, Former member Privy Council
Judge of: New Zealand Supreme Court, since 2004 Court of Appeal in 1997, High Court in 1986
Specializations and Professional Interests:  Officially retired in 2012
Professional Comments: Tipping J is primarily conservative, with activist tendencies on molding of the law beyond of its obvious and natural bonds.  Inconsistent on rights and personal liberty issues.  Leans toward exclusion of juries wherever the law permits – and even in some cases where it does not.  Prone to favour judicial discretion over constitutional restraints in individual cases.Tipping J joined prevailing opinion of Court that abolished barristerial immunity in the Chamberlains v Lai case, September 2006.   Was also on Court of Appeal in Ngati Apa v AG in favour of granting Maori customary rights to the foreshore and seabed, a decision negated by the Labour government’s Foreshore and Seabed Act, 2004.Fickle advocate of the New Zealand Bill of Rights as demonstrated by three landmark cases.In 1999, Justice Tipping held the New Zealand Bill of Rights must be given full weight in censorship issues when he gave the judgment for the Court of Appeal that unanimously overturned the Film and Literature Board’s ruling that a book written by Gerald Moonen that detailed sexual activity between men and boys and had naked pictures of children was objectionable. The case was concerned with the relationship between freedom of expression and censorship of objectionable publications. Justice Tipping said the Bill of Rights “requires that such application favour freedom of expression over objectionability if the case is marginal”.

In SC26/2007 [2007] NZSC 53, Tipping J joined with McGrath to rule it was lawful to send a man to prison on hearsay evidence – and that the presiding judge was also free to prevent cross-examination of that hearsay evidence – so long as the prosecution for imprisonment originated as an interlocutory application or a civil action.   The same day Mc Grath and Tipping’s ruling was made public, Potter J of the Auckland High Court relied upon this Supreme Court ruling to sentence Auckland man Vince Siemer to prison for six weeks.  Within a year, the Solicitor General had initiated several actions against various parties by relying in part on this Supreme Court precedent.

Justice Tipping has robust views on what he calls “responsible journalism”, with stringent guidelines as to what qualifies under the New Zealand Bill of Rights Act as freedom of expression. This is apparent from a Harkness Henry lecture (reported in the Waikato Law Review) where His Honour talked about a defined formula that the media would need to satisfy for every story before it could claim qualified privilege. This also was evident in the 2000 Court of Appeal Hosking case where he, along with Justice Tom Gault and Peter Blanchard,  declared a new tort of privacy, that they effectively termed giving of unreasonable publicity to private facts. This judgement of the Court of Appeal was criticised for delivering a significant blow to the freedom of expression and limiting journalists’ rights under the Bill of Rights.

On the Supreme Court Justice Tipping is keen on a pre-publishing checklist.  He has also alluded to a “reasonable banker” concept in the Court of Appeal’s  decision in US International Marketing v National Bank of NZ.

Considered an orthodox judge – although the meaning can vary considerably – Tipping J is regarded as a very intelligent, but often confused, man.  Despite his conservative bias, he can come down on the liberal or conservative side depending on what he believes is the right result.  This not only makes him unpredictable but also a wild card on the Highest Court.  It has never been conclusively determined whether his shifting compass has been influenced by personal relationships with the parties in the cases before him.

In SC 62/2008 [2008] NZSC 98, Justices Tipping, McGrath and Blanchard ruled that Rule 12 of the High Court Amendment Rules 2004 – which abolished the long-standing requirement that parties to litigation provide identification of their discovery documents – was not a risk to justice or a matter of public or general importance.  Their ruling sanctioned the practice of list affidavits having no more than a list of numbers, effectively legalising discovery evasion.

Background / Education: Tipping J was educated at Christ’s College in Christchurch.  Graduated LLM with 1st class Honours from Canterbury University in 1966. He was awarded the Canterbury District Law Society’s Gold Medal and the Sir Timothy Cleary Memorial Prize. He practised as a common law partner in the Christchurch firm of Wynn Williams & Co before being appointed to the High Court bench in 1986. He was President of the Canterbury District Law Society in 1984 and a council member of the New Zealand Law Society from 1982-1984. After 11 years on the High Court he was appointed to the Court of Appeal in 1997 and became a member of the Privy Council in 1998. He has been a member of the Council of Legal Education since 1992 and its chairman since 1996. Justice Tipping was appointed to the Supreme Court from January 2004. Law Society
Degrees: LLM (1st.Hons.) Canterbury, 1966
Admitted to the Bar: 1966
Company Involvements: Wife Judith Ann Tipping possible shareholder in Matapaua Estates Ltd

Personal Data

Born: 22/08/42 Oxford, England Sex: Male
Married: 1967 Judith Ann Oliver Children: 3 (Anna Mary b.1969, Charles Edward b. 1971, William Andrew b.1975,)
Interesting Relationships and Coincidences:
Miscellaneous: Lives in Kelburn.  Is a keen golfer.

Supreme Court Upcoming Cases | Courts of New Zealand Judges, Chief Justice, Blanchard J, Tipping J, McGrath J, Wilson J. … Judges. Chief Justice, Tipping J, McGrath J, Anderson J, Gault J. … www.courtsofnz.govt.nz/business/calendar/supreme.html – 27k – Cached – Similar pages – Note this Supreme Court Reserved Decisions | Courts of New Zealand Date of Hearing, 22 November 2007. Judges, Chief Justice, Blanchard J, Tipping J, McGrath J, Anderson J. Case Number, SC 25/2007. Case Name, O v The Queen … www.courtsofnz.govt.nz/from/decisions/reserved-decisions-supreme.html – 20k – Cached – Similar pages – Note this More results from www.courtsofnz.govt.nz » [PDF] Microsoft PowerPoint – James Tipping EPOC WW 2005.ppt File Format: PDF/Adobe Acrobat – View as HTML James Tipping, Don McNickle, Grant Read and Deb Chattopadhyay … james.tipping@canterbury.ac.nz. Presented at the EPOC Winter Workshop, ….. e 8 J … www.mang.canterbury.ac.nz/people/jimbo/James_Tipping_EPOC_WW_2005.pdf – Similar pages – Note this Sceptical Essays on Human Rights – Google Books Result by Tom Campbell, Keith D. Ewing, Adam Tomkins – 2001 – Political Science – 466 pages Thomas J and Tipping J, by contrast, both held the prohibition did discriminate against lesbian couples, though Tipping J appears to leave open the question … books.google.co.nz/books?isbn=0199246688… Compensation for Mental Trauma Injuries in New Zealand In Dehn v AG [1988] 2 NZLR 564, 583, Tipping J said that a battery required an intentional as opposed to an unintentional application of force. … www.massey.ac.nz/~trauma/issues/1998-3/miller1.htm – 60k – Cached – Similar pages – Note this Comments on Rogers case | Media Law Journal Tipping J says the position is “broadly analogous” to defamation (ie very hard … McGrath J goes further (and Tipping J indicates agreement with McGrath’s … www.medialawjournal.co.nz/?p=9 – 21k – Cached – Similar pages – Note this Breach of Trust – Google Books Result by Peter Birks, Arianna Pretto – 2002 – Law – 448 pages This analysis suggests that Tipping J may have slightly over-complicated matters in a case in the New Zealand High Court, Marshall Futures Ltd v Marshall.7* … books.google.co.nz/books?isbn=1841131741… [PDF] IN THE COURT OF APPEAL OF NEW ZEALAND CA2/02 THE QUEEN v LOKENI … File Format: PDF/Adobe Acrobat – View as HTML Tipping J. McGrath J. Glazebrook J. Counsel:. M J Dyhrberg for Appellant. M F Laracy for Crown. Judgment (On the papers):. 26 August 2003 … jdo.justice.govt.nz/jdo/GetJudgment/?judgmentID=7154 – Similar pages – Note this Pubs.GISS: Abstract of Ma and Tipping 2002 Ma, Q., and R.H. Tipping, 2002: The frequency detuning correction and the asymmetry of line shapes: The far wings of H2O-H2O. J. Chem. … pubs.giss.nasa.gov/abstracts/2002/Ma_Tipping_1.html – 18k – Cached – Similar pages – Note this Art and Copyright – Google Books Result by Simon Stokes – 2001 – Law – 288 pages Tipping J had difficulty with making the intention of the designer the determinative test-there had to be an objective element-there must be some artistic … books.google.co.nz/books?isbn=184113225X…