LOCAL COUNCIL CORRUPTION AND SECRECY RAMPANT
2 February 2010
From Auckland to Southland incredible stories of malfeasance and backroom deals by Council officials have reached an alarming scale. Public money gone missing, council officials awarding contracts to their mates and privately selling off public assets, bureaucrats refusing to provide elected representatives records on the most rudimentary expenditures and a shroud of impervious secrecy over council business, all increasingly typify the status quo. FULL STORY
SUPREME COURT OPENING ECLIPSES STEAMING SCANDAL
19 January 2010
As the opening ceremonies of the $80 million Supreme Court building concluded yesterday, its very foundation was being rocked at the law offices of Minter Ellison around the corner. Former Chief Justice of Australia Murray Gleeson and Judicial Conduct Commissioner David Gascoigne met with superfine woolgrower Saxmere principal Peter Radford and his formidable counsel Sue Grey as the first step in deciding whether Supreme Court Justice Bill Wilson will become the first Judge in New Zealand History to face removal from office for misconduct. FULL STORY
NEW JUDICIAL CONDUCT COMMISSIONER OVERWHELMED
16 January 2010
After less than six months on the job,
Judicial Conduct Commissioner David Gascoigne (pictured) must be having some regrets about taking the position. He has reported the number of complaints is up 39% over the previous year, while some complaints have been in the
 system for two years. One of these complaints concerns Supreme Court Justice Bill Wilson, a case which has resulted in Sir David calling in former Australian Chief Justice Murray Gleeson for a meeting with the parties at his Wellington law office (Minter Ellison) immediately after the opening ceremonies for the new Supreme Court building this Monday (18 January). The meeting is an extraordinary deviation from the statutory provision of recommending the Attorney General appoint a Judicial Conduct Panel to conduct an inquiry into the Judge's alleged misconduct. It seems designed to either avoid the Panel inquiry altogether or to tread cautiously into a virgin process (this would be the first of the almost 500 complaints received since enactment considered worthy of a Panel inquiry).
In this case, this is wise. The Commissioner would know that
Attorney General Chris Finlayson and Judge Wilson are close mates and close former law partners at Bell Gully. The Attorney General has been a staunch defender of Judge Wilson in the scandal, providing a brief to the Supreme Court as intervener on Judge Wilson's behalf and stating to at least one fellow MP that he would not abandon his friend. If the Commissioner can overcome this, there is the issue to consider that the
Judicial Conduct Commissioner and Judicial Panel Act calls for the Attorney General to consult with the Chief Justice Sian Elias as to who to appoint to any inquiry panel. The Chief Justice is a close friend and business partner of Wilson J as well.
While the Wilson drama plays out and puts a drain on the Commissioner's time, the complaints coming into his office are piling up. Section 14 of the Act requires the Commissioner to deal promptly with complaints "as soon as practicable after receiving it." With the mess left to him by his predecessor, and the numbers of complaints against judges escalating, two years may be the best Mr Gascoigne can muster.
STIASSNY'S JUDGES
29 December 2009
Gag injunctions which insulate powerful people from their own misdeeds are making a mockery of Court justice in New Zealand. Michael Stiasny's undue influence over judges up to the Chief Justice expose the real dangers. See the alarming evidence several judges saw and inexplicably suppressed. STORY AND EVIDENCE
JUDGE "GOOGLE SEARCHES" FOR EVIDENCE IN SUPPORT OF GUILTY FINDING
21 December 2009
In one of the more blatant admissions of judicial misconduct,
Auckland
 District Court Judge Roderick Joyce (right) found a woman guilty of defamation worth $110,000 after admittedly engaging in an independent fact-finding mission during deliberation. High Court Judge Rodney Hansen this month upheld Joyce's decision, claiming Joyce's trolling on the internet for evidence after the hearing was not improper. Human Rights barrister Evgeny Orlov wasted no time filing an appeal to the Court of Appeal. LINK TO STORY
TRANSPARENCY NZ HAS ANTI-CORRUPTION ADVOCATE ARRESTED
11 December 2009
In a stinging irony, Chairman
Gerald McGhie of
Transparency International's
 "autonomous" New Zealand chapter ordered Police to arrest public watchdog
Penny Bright (left) for trespassing at its Annual General Meeting on Wednesday. This was despite the government-funded not-for-profit lauding her in its newsletters as an "anti-corruption campaigner". Inauspiciously, attendees were also given pamphlets with the bold heading "CORRUPTION RUINS LIVES - FIGHT BACK". FULL STORY LINK
RULE OF LAW CONFERENCE EXPOSES FAILURES IN NZ COURTS
9 November 2009
Australian High Court Judge Dyson Heydon spoke recently to a group of about 180 New Zealand academics, lawyers and Judges about maintaining the rule of law and the greatest threats to it. The day long conference, which included speeches by Attorney General Chris Finlayson and Solicitor General David Collins, was sponsored by the
NZ Legal Research Foundation and held at the Auckland Hyatt.
The 66 year old Judge Heydon was born in Canada and spent his youth in New Zealand, before becoming a distinguished Judge in Australia late in life after a successful academic career. What he had to say created palpable concern among many who attended, although it was far from the intent of Judge Heydon to make his New Zealand audience uncomfortable. Notable in attendance were Supreme Court Chief Justice Sian Elias and her fellow Supreme Court Judge Peter Blanchard (who acted as conference Chairman).
Judge Heydon opened by stating "order" was not the same as "law and order". He went on to caution
"totalitarian regimes are characterised by retrospective laws, extensive executive discretion, secrecy, obscurity, rumours of laws rather than actual laws, and instability. Above all, citizens subject to totalitarian rule find it impossible or very difficult to get before competent, determined and independent judges." STORY CONTINUES
HIGH COURT SUPPRESSES PUBLIC COURT RULING
[**censored by the new zealand government**] IN 2007 'TERRORIST' RAIDS
24 September 2009
*Solicitor General threatens prosecution for publishing this public Court ruling* Judge demands that the Court ruling be kept from the public
17 September 2009 Link to FULL STORY
JUDGE LANCE'S OFFENDING WAS HIDDEN BY PROMINENT NEW ZEALAND JUDGES FOR YEARS
8 September 2009
Judge Michael Lance was criminally charged with willful damage last month in the North
 Shore District Court. But
kiwisfirst has uncovered a pattern of previous offending by the Judge over many years. Learn how current
Independent Police Complaints AuthorityJustice Lowell Goddard
(pictured with Lance) and current
NZ Supeme CourtJustice John McGrath concealed appalling evidence of extortion and likely criminal conduct by Judge Lance fiteen years ago. FULL STORY
PONYGATE!
The Meteoric Rise and Fall of Supreme Court Justice Bill Wilson
5 August 2009
 Kiwisfirst confirmed this week that Supreme Court Justice Bill Wilson violated longstanding law when he continued to run his private horse breeding company after his appointment to the Court of Appeal. Moreover, he used his judicial title to promote his company. Section 4(2A) of the
Judicature Act prevents a judge from undertaking any employment or hold any other office, whether paid or not, unless the Chief High Court Judge is satisfied that the employment or other office is compatible with judicial office. READ STORY
IAN HAYNES RESIGNS AS JUDICIAL CONDUCT COMMISSIONER
21 July 2009
The
New Zealand Judicial Conduct Commissioner Ian Haynes abruptly resigned last week after 4 years at
 the post. Mr Haynes was appointed the country's first Judicial Conduct Commissioner for a three year term in 2005, but stayed on after his term expired. His resignation comes as a shock to New Zealand's legal community. Parliament is working to find a replacement. Attorney General Chris Finlayson has put the name of
David Rendal Kingston Gascoigne of Wellington before the House for a 5-year term. The vote is tomorrow.
Mr Gascoigne (right) is a NZ lawyer, as well as a director and consultant to a host of New Zealand's largest businesses. If
 approved, the recommendation will require the perfunctory approval of the Governor General. The job reportedly pays $90,000 annually.
Although the
Judicial Conduct Commissioner Act 2004 requires the Commissioner continue until his successor is appointed, Mr Haynes left the country on 10 July 2009 and resigned two days later. His office stated today he is no longer available to deal with complaints against New Zealand Judges for alleged misconduct. The discrepancy between Haynes' resignation and the requirement of the position could not be reconciled by his secretary other than to say Mr Haynes had expressed his intent to resign some time ago. Story Continues
SUPERCITY HEIGHTENS CONCERNS OF CONTRACTOR FINANCIAL ABUSES
1
7 July 2009 Local community oganisations raise concerns over responsiveness and expense of Super City amalgamation. $50,000 footpath is but one example. READ STORY
Oops, HE DID IT AGAIN
28 June 2009 (updated)
 Now that the David Bain murder retrial has ended in the fashion those most informed with the case suspected, recriminations for the public waste of $4 million and valuable court resources have begun. As with the 'Tuhoe terrorist' prosecution debacle in October 2007 and the Gwaze murder trial in May 2008,
New Zealand Solicitor General David Collins is at the centre of the storm.
Defence lawyers did not pull any punches after the Bain 'not guilty' verdict earlier this month. They alleged official pressure trumped logic in the decision to go ahead with the expensive retrial.
The Privy Council quashed the previous conviction in May 2007. Then confident S-G David Collins wasted no time in ordering the retrial a month later (of the 14 year old murders of Bain's immediate family). That haste was to reflect a much broader professional and personal recklessness which has dogged his short tenure as New Zealand's Solicitor General.
After George Gwaze was acquitted last year of murdering his niece - in another prosecution by Collins' office - Collins criticized the Judge's handling of the trial. The criticism so incensed two jurors that they came out to say the Crown could not even establish the cause of death at the trial.
Both these cases followed the massive Tuhoe terrorist raids and the resultant arrests without bail. In that case, Collins was forced to reverse his decision to pursue terrorism charges after large public protests exposed his misguided prosecution. Putting some spin on his U-turn at the time, Mr Collins stated the charges were dropped because the
Terrorist Suppression Act was poorly written. This begged the question why he had not properly read the relevant legislation before approving the rounding up of 17 New Zealand citizens a month earlier. Despite the resultant embarrassment to New Zealand, Collins' poor judgment was largely hidden.
Mr Collins himself has been the subject of two police criminal investigations in the past year. A perjury charge - relating to a false affidavit he submitted to the New Zealand Court of Appeal on 11 May 2007 - could have landed him as much as two years in prison, but the Police investigation dismissed the evidence last February on the basis they could not determine the "reasons" Collins submitted the substantively untrue affidavit to the Court.
In March, after extensive meetings with government lawyers, TVNZ
Sunday Programme decided against running a segment concerning three cases of alleged misconduct by David Collins as New Zealand Solicitor General. #
A JUDGE'S WRATH
 27 April 2009
Judge Michael Lance QC (left) is under criminal investigation for allegedly vandalising the car of Auckland businessman Richard Cummins. The incident happened on 23 March 2009 in front of the Judge's apartment block in Browns Bay, Auckland. The crime was witnessed by two patrons at a nearby café and resulted in $4,000 damage to the vehicle. A total of 21 deep scratches were "keyed" into various panels of the car while Mr Cummins was in a business appointment nearby. Story continues
WHISTLE-BLOWING GREATER CRIME THAN NEGLIGENT HOMICIDE ACCORDING TO NZ JUDGES
21 March 2009
How out of touch are New Zealand Judges? Consider the contrasting cases of the Sir
 Edmund Hillary Outdoor Pursuits Centre tragedy resulting in the deaths of 7 people against three recent cases of whistle-blowing by conscientious New Zealand citizens. FULL STORY
WHAT'S WORSE THAN BEATING A DEAD HORSE?
5 March 2009
Three years ago former police prosecutor and current private investigator Grace Haden, operating on a tip, questioned the subsistence of the
Animal Welfare Institute of New Zealand (AWINZ ). It was disclosed to Ms Haden that AWINZ was paid handsomely to lend its name to the movie credits of
Lord of the Rings, attesting that no animals were harmed in the making of the movie. Beyond the mystery of what AWINZ actually was, the reality was that AWINZ 'officers' were on set less than 25% of the animal action time. Haden's source informed her that a horse named Moon was sent to slaughter after non-specified problems with its front legs. Three other horses reportedly died during shooting.
Story Continues
TRANSPARENCY INTERNATIONAL INVISIBLE IN NEW ZEALAND
12 February 2009
 Located in a obscure closet office on the fourth floor of an old department store in Wellington is an 'independent' New Zealand lobbying and fundraising arm of the 15 year old private not-for-profit
Transparency International, based in Berlin
. But if you try to find out anything about them, you better be a good investigator. We tried our best and came up with some interesting background and contradictions. READ FULL STORY
JUDGE COOPER'S RACIST INVECTIVE TAINTS HIGH COURT RULING
1 January 2009
Under cover of the Christmas Holiday, Auckland High Court
Judge Mark Cooper (right) ruled that
 kiwisfirst editor Vince Siemer had defamed Auckland insolvency accountant Michael Stiassny with publications on this site and (
website name blocked by order of the Court). Siemer was ordered to pay $920,000 damages to Stiassny, plus unspecified Court costs.
Cooper's 23 December 2008 judgment finding Mr Siemer guilty of defamation followed a 'formal proof' trial conducted sometime in October. Mr Siemer was debarred from defending himself at that trial because he refused to pay application costs totaling more than $200,000 which
Justice Judith Potter had awarded Stiassny ahead of trial. A Jury trial was earlier denied by order of Justice Rodney Hansen at the request of Stiassny's lawyers on the basis New Zealand citizens were incapable of understanding the complex nature of the defamation alleged against Mr Siemer by Mr Stiassny.
It is understood that Stiassny and an employee of Korda Mentha (formerly Ferrier Hodgson) Alan Garrett, walked into an Auckland Courtroom in October and told Judge Cooper the sad story of Stiassny having to tell his children that he did not do any of the things which had been evidentially detailed on (
website name blocked by order of the Court) in April 2005. Testifying his side of this bizarre 3 1/2 year-long legal escapade, Mr Stiassny told the Judge he had spent over a million dollars in legal costs pursuing Mr Siemer and that everything Mr Siemer published about him were lies which had been previously investigated by the Serious Fraud Office and Institute of Chartered Accountants and found to be baseless. No reporters or public were present at this cosy meeting. No record was apparently taken.
The undefended trial was the first time in the long court battle that Michael Stiassny had appeared in Court. His appearance came after the Judge provided assurances that Mr Stiassny would not be cross-examined on his testimony. Judge Cooper thought it best that Stiassny not be further traumatized by suffering the indecency of having his answers challenged in respect of the professional transgressions alleged by Mr Siemer. These allegations were that Michael Stiassny wrongly attempted to label Paragon Oil Systems Ltd insolvent in 2001 - at a time when the company was flush with cash and had no fixed debt - and had attempted to overcharge Paragon some $10,000 in fees, an overcharge which was thwarted when Managing Director Vince Siemer refused to sign off on payment.
Perhaps the strangest aspect of the case is that both allegations were earlier proven to be correct in Court - using Stiassny's own documents - yet Judge Cooper failed to address any of this evidence in his lengthy 25 page judgment.
The "official" summary of the events and trial lies in the often acerbic words of Justice Cooper's judgment, demonstrating how serious the Judge considered the defamation to be. In paragraph [49] of that judgment Cooper quoted what he later referred to as
"clear instances of vile racist abuse [by Mr Siemer]". In an apparent quote of Mr Siemer, Cooper J stated -
"Mr Siemer had referred to Mr Stiassny as a man with "exceptional sway within the small Jewish community" and had commented that "when the judiciary determines that a ruthless and powerful man's reputation is so priceless...the Gestapo cannot be far behind...people like Adolph [sic] Hitler....".
The big problem is that Mr Siemer made no such racist remarks. Justice Cooper simply took words from unrelated articles, juxtaposed them, then attributed the resultant fictitious quote to Mr Siemer.
Because it breaches a Judge's order to refer readers to the actual website which contains the articles which Justice Cooper selectively pulled words from, the relevant sections are printed below.
In one article which tracks Michael Stiassny's questionable relationship with Robert Fardell QC prior to Mr Fardell's suicide in December 2005, Mr Siemer actual wrote -
"Stiassny, the man (Fardell) had inextricably linked himself with, a man with
exceptional
sway within the small Jewish community and certain sectors of the business community, had spurned his pleas for help."
An unrelated interview posted on the site had Mr Siemer answering the question "
Can you really argue with Judge (France's) decision that one cannot put a price on Stiassny's reputation whereas the only thing you have lost is your expenditures on the billboard and website?"
To which Mr Siemer answered:
"Are you kidding?! The hearing was the same week as Anzac Day. Those gallant men and women who paid the ultimate price for freedom would roll over in their graves to learn that a High Court Judge played truth police while quashing freedom of expression.
When the Judiciary determines that a ruthless and powerful man's reputation is so priceless that any evidence and experiences that he claims undermines it must be purged and banned,
the Gestapo cannot be far behind. I am not being over-dramatic. Erosion of civil liberties is notoriously unremarkable as it is occurring. If history has taught us anything it is that
people like Adolph Hitler, Idi Amin, Saddam Hussein and Pol Pot succeeded in committing horrendous crimes only through purges of public opinion that conflicted with the reputation they sought to promote."
Judge Cooper's "quote", which he attributes to Mr Siemer, is compiled from the words highlighted in the actual publications (above). This example gives a small glimpse into how justice is regularly arrived at in the parochial New Zealand Courts. New Zealand Judges know that because of the small subscriber base in New Zealand for the legal reporting clearinghouse
Lexis Nexis,
Lexis Nexis relies solely on judicial summaries when reporting court decisions.
NATS SET TO REPLACE DENTAL NURSE AND HISTORY TEACHER AS MINSTER OF JUSTICE AND ATTORNEY GENERAL
9 November 2008
The National Party trounced the Labour Party government in elections yesterday with 46% of the vote to Labour's 33%. National Party Leader John Key moved quickly to secure the support of the Act Party and United Future before giving his acceptance speech last night. Mr Key will now be the new Prime Minister.
Top on the list on National's many priorities is the replacement of Justice Minister Annette King and Attorney General Michael Cullen. Neither incumbent head has a law degree. National is expected to replace King with Rangitikei Solicitor Simon Power and Cullen with Wellington barrister and former Bell Gully partner Chris Finlayson.
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Two years ago, the Chief Justice of the Northern Marianas Islands (pop.85,400) embarked on a study of judicial ethics in the pacific region. Fourteen nations were surveyed by
His Most Right Honourable Chief Justice Miguel Demapan (pictured). New Zealand was the only country which requested confidentiality before it would supply its judicial code of conduct. Supreme Court Judge "Sir" Peter Blanchard apparently fronted for the Right Honourable Sian Elias in demanding strict confidentiality from our tinier regional neighbour. The abject secrecy attached to the few rules governing our judges begs the obvious question. 
Even for the dicey New Zealand legal community, the current chicanery surrounding the recall of Supreme Court Judge Bill Wilson's decision in
Saxmere v the Wool Board for failure to disclose a conflict of interest is getting, as Alice would say,
"curiouser and curiouser". Attorney General Chris Finlayson's role is the latest in recent revelations. 
Since the loss of the Privy Council as the last appeal Court to New Zealand citizens, a dangerous escalation of "discretionary security costs" orders has threatened to put Court access financially out of reach to most New Zealanders. Now the case against Judges using discretionary cost orders to prevent litigants of limited financial means from having their claims heard in Court has gone to the New Zealand Supreme Court. 
Gendall in the High Court at Napier. Duff owed $3,656,223.30 to 24 creditors while claiming to have only $5000 in assets. A further $400,000 is owing to Mr Duff's sisters.
John Creser reports on Police double standards
IN HIS HONOUR's OWN WORDS
1 March 2008 As little as 20 years ago the law was a respected profession in New Zealand. 
extensive and chilling. Though his crimes make Taito Phillip-Field and Donna Awatere-Huata look like philantropists, the details of Collin's conduct are not being reported by the NZ media for fear of retribution by this State officer not shy about using the weight of his office to file lawsuits against the press.
Kiwisfirst reports on three unrelated complaints detailing his offending which are currently before the
Legal Complaints Review Officer. 
the government does not ensure judges abide by legislation or keep official records - nor has the Ministry given any consideration to requiring judges provide a register of their financial interests - because to do so
"would amount to an unwarranted interference by the executive in the judicial branch of government and could undermine public confidence in the independence of the judiciary." 
New Zealand law schools seem more about indoctrination. Case in point: TVNZ reported yesterday that NZ Solicitor General David Collins has decided not to prosecute blogger Cameron Slater for contempt over multiple breaches of court suppression orders. TVNZ reported on their website that Canterbury Associate Law Professor Ursula Cheer said Collins' decision makes sense because the subject of the suppression order has just been charged and it is difficult to say whether the naming by Mr Slater will impact on the trial - something Ms Cheer says would be grounds for contempt. What the..?!
travesty of the entire justice system since it has been exposed Supreme Court Judge Wilson was basically selling his favours and then lying about it, while his friend the
Supreme Court Chief Justice Sian Elias (left) is covering it all up, and his protégé Attorney General Chris Finlayson is trying to buy the affected parties' silence with taxpayer money. Millions of dollars of taxpayer money. 
unique when it comes to officials in power, the evidence in
Solicitor General David Collins' case displays a pattern of criminal behavior over many years. Two thoughts will likely cross your mind as you read it: first, the detail is so specific and scandalous, Mr Collins would certainly sue for defamation if it were not true; and second, if true, why is the mainstream media not reporting his chronic offending to the New Zealand public?
COURT PRESIDENT TOOK 'BRIBE' TO PROTECT VECTOR CHAIRMAN
declared New Zealand Judges are not required to disclose their personal and business relationships with those who appear before them if it is not evident those Judges stand to personally benefit from their subsequent ruling. 
rule allowing parties to avoid identifying their discovery documents.
8 March 2009