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Showing posts with label Law Society. Show all posts
Showing posts with label Law Society. Show all posts

Thursday, July 3, 2025

Roger Partridge: Rule of law – but for whom? A rejoinder to the NZLS report


The New Zealand Law Society’s new report, Strengthening the Rule of Law in Aotearoa New Zealand, runs to more than eighty pages, includes seventy-eight recommendations, and reflects a considerable investment of time and goodwill. Its aims are noble: to bolster constitutional integrity, improve access to justice, and promote respect for the rule of law. But for all its breadth, the report suffers from a staggering omission. It fails to acknowledge the one institution increasingly responsible for eroding legal certainty and upending constitutional norms: the courts themselves.

Sunday, May 15, 2022

Karl du Fresne: The Callinicos fire is still smouldering


Remember the saga of Moana and Judge Callinicos? You know, the case of the little Maori girl whom Oranga Tamariki removed from her Pakeha foster parents, who had given her a loving and secure home for the first time in her short and miserable life, and placed with a Maori family she didn’t know so that her cultural needs could be met? And how two senior judges – the so-called Heads of Bench – interfered in the case after the then acting head of Oranga Tamariki, the late Sir Wira Gardiner, complained that Family Court judge Peter Callinicos (who ruled that Moana should stay with her Pakeha carers) had “bullied” Oranga Tamariki social workers who gave evidence in the case – social workers whose conduct Callinicos was scathingly critical of? And how Callinicos had to remind his judicial superiors that it was wrong to approach a presiding judge during a part-heard case, since it might compromise the judge’s impartiality? And how the Judicial Conduct Commissioner looked into the case without even bothering to interview Callinicos and found that the Heads of Bench hadn’t acted inappropriately? And how it eventually emerged that an even more senior judge – from the Supreme Court, no less – had involved himself in the case behind the scenes and given his opinion? (You may pause for breath here.)