Professional Data:

2013 Judge Survey Score (1-10): 7.7 Ranking (out of 63): 26th

High Court Auckland, 2004

Ellen France’s bench performance in High Court was analogous to a fish out of water. Was often intimidated into making poor decisions and losing control of proceedings. Rapidly kicked upstairs to the Court of Appeal where, in contrast to the High Court, regularly sitting next to two experienced judges brought some maturity and confidence. In France’s case her malleability was an asset to promotion.

Justice Ellen France is widely regarded as studious rather than intelligent. By nature she does not attract attention to herself on the many occasions she is relied upon to protect powerful interests before the court - a role which she has proven dutifully compliant, winning her quiet accolades from the Crown.

Justice France will never achieve distinction on the bench as a perspicacious jurist and for the most part lacks an inclination to excel.

Unlike many of her colleagues, France J is not particularly clever at manipulating the law to suit her partisan objectives on the bench. Her coping mechanism instead is to misstate the legal issues before her in order to avoid any legal analysis in her judgments. This used to create consternation among the lawyers who appeared before her. Today most simply seek solace in the belief Ellen France is only one of 3 or 5 judges making the judicial determination in appeals.

Separately, lawyers in New Zealand face disciplinary action if they criticise a judge for misstating facts. Such criticism was criminalised as an imprisonable offence by statute in August 2019 (s22 of the Contempt of Court Act 2019).

In brief, Justice Ellen France is perhaps the best example of an egocentric court hierarchy promoting a weak and malleable political hack who is unlikely to pose a threat to her strong-willed colleagues whims. Her often rash willingness to act dishonestly and without much prompting to protect parochial interests has made her a much relied upon but not particularly respected judge.

In a country where the judicial appointment process is routinely opaque, Ms France’s rise still mystifies many who simply prefer not to give much thought to the reality of judicial appointments in New Zealand.

Personal Data