An e-mail from Charles
May 3rd, 2012 at 3:32 pm by David FarrarCharles Chauvel e-mailed his Labour colleagues today:
Dear Colleagues
If you are home in time this evening to watch it, you might like to tune in to Court Report on TVNZ7 (Freeview and Sky77) at 9.30pm.
I’ll be on the panel to discuss, in the words of the show’s publicity blurb, ‘the storm brewing between the judiciary and the Government’. This is an issue that is likely to become more significant as time passes.
The show also features commentary from electoral law specialist Hayden Wilson on the Banks scandal.
Linda Clark is the host.
If you miss it on TV tonight, it will also available online at www.tvnz.co.nz/the-court-report
Regards
Charles
Nice of Charles to try and increase the viewer ratings for TVNZ7.
One of the Labour MPs offices forwarded it onto lawyer Deborah Manning, but also accidentally forwarded it to all DIA Ministerial addresses, including the Attorney-General.
It is a Labour special tonight, as Hayden is also a fairly well known Labour activist. Not that this means his views are not worth listening to – they are.
The issue that Charles is discussing is a rumour that the number of Judges will be reduced by 20 or so as a cost cutting measure. Now you can not make Judges of the High Court (higher court judges are also High Court judges) redundant under S23 of the Constitution Act 1986:
A Judge of the High Court shall not be removed from office except by the Sovereign or the Governor-General, acting upon an address of the House of Representatives, which address may be moved only on the grounds of that Judge’s misbehaviour or of that Judge’s incapacity to discharge the functions of that Judge’s office.
No wriggle room there.
District Court Judges come under the District Court Act 1947, where s7 says:
The Governor-General may, if he thinks fit, remove a Judge for inability or misbehaviour.
Every Judge shall retire from office on attaining the age of 70 years.
Not quite the same level of protection as High Court Judges. The principle is an important one – Judges should not have to worry about job security in case they offend a Government of the day.
Now I have no idea if the Government is looking to reduce the number of Judges (but the number of cases going to court is falling), but if they are I’d be very very surprised if it was done by anything other than natural attrition.
Tags: Charles Chauvel, Judiciary
May 3rd, 2012 at 3:47 pm
I haven’t heard such a rumour, although it may be a Wellington one still. They often hear things before the rest of us.
I don’t see how they can reduce the number of judges other than by attrittion.
There are a number of retired judges that come back part time that they could not issue temporary warrants for, but otherwise they would appear to be stuck.
It is worth noting that it was only a few years ago that they increased the number of judges that the A-G can appoint, so this would be a real change of direction.
That said, I do wonder if they will then blame the increased backlog of cases on defence lawyers? You know, like they did when the widened the eligibility for criminal legal aid and then said it was our fault that the amount they spent went up?
Vote:May 3rd, 2012 at 3:52 pm
They’ll do what is done in the UK when they want to get rid of a Judge, they’ll starve them.
You can’t sack them, but nowhere in law does it say they have to be given cases to sit on.
They just sit at home doing nothing, has the same effect.
Vote:May 3rd, 2012 at 4:17 pm
I haven’t heard any rumours to that effect in my recent visits to the district court in Auckland.
I know MOJ is on a cost cutting crusade which is affecting some services that we take for granted.
the only way the numbers of judges could be reduced is by not appointing new judges when vacancies occur.
Vote:May 3rd, 2012 at 4:17 pm
Be nice to see them get rid of the case backlog before they start sacking anyone.
Vote:May 3rd, 2012 at 4:51 pm
Maybe declare a few people — some known to us — to be vexatious litigants! Twould ease the load
Vote:May 3rd, 2012 at 5:37 pm
Channel 77.
Vote:It is National Socialist Radio with Pictures.
It comes out of Wellington and is there to cater for the very very good friends of the MP for Wellington Central.
May 3rd, 2012 at 5:42 pm
There are a number of very good and experienced Judges on a temporary warrant after their nominal retirement. I assume as their warrants come up for renewal those warrants will not be renewed. Sadly there are some very good Judges affected by such a policy.
Vote:May 3rd, 2012 at 5:44 pm
Chucky is a pathetic self-important prick. The guy is a legend in his own mind only. Any thing he says is best ignored.
No other person I know has ever plastered every certificate (including one for trying hard awarded in the the standard 3 egg and spoon race at his primary school in about 1985)
Vote:May 3rd, 2012 at 7:15 pm
Well MOJ is a LOOOOOONG way from being efficient. Indeed they are repsonsible for the tenancy tribunal which has gone from hearing cases in 2-3 weeks to 2-3 months.. Now there’s an improvement for ya.
Investors quitting their houses becuase justice is on the never never.
The elephant in the room is going to be housing. Very soon especially if the RBNZ does what Spencer said thaey are considering and forcing the Banks to work under a dictated loan to value ratio. (won’t work of course. Never did previously and won’t in the future. Psst, I have a car worth $100,00. Take that as added security. haha
These turkeys never learn.
A bit like the Foreign Affairs dept.
Vote:May 3rd, 2012 at 7:24 pm
“An e-mail from Charles”
I was going to comment on this topic as I inferred it was an email from our future Monarch, Charles the Third.
When I realised it was an email from Charles the Turd I decided not to bother.
Vote:May 3rd, 2012 at 8:22 pm
I have to visit the judge next Tuesday, any hope he may be missing from the court, wishful thinking I would say.
Vote:May 3rd, 2012 at 9:28 pm
Johnboy, I think you left the word “pusher” out of your last sentence……..
Vote:May 3rd, 2012 at 10:05 pm
I haven’t heard this either. If less judges needed then govt will just hold back on temporary warrants for retired judges.
Vote:May 3rd, 2012 at 10:09 pm
One must never upset the sensitivities of our mutual host mister nui.
This I have learned, to my cost, in the past!
Vote:May 4th, 2012 at 10:21 am
Would convicting them of incompetence, corruption, greed and being out of touch with Society get rid of them.. there are plenty past their use by date, or far too susceptible to the “oral” arguments of otherwise muff munching Klark encouraged barristers, especially in the Family Court. The whole legal system is ready for a shake up Stalin style, sooner the better.
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