JUDGE (n.) A law student who marks his own papers - H.L. Mencken

"Nearly all men can stand adversity, but if you want to test a man's character, give him power."
- Abraham Lincoln

The Judge files contain background factual data on judges, as well as analysis which is more subjective in nature.  Where analysis and opinion are provided, they are the considered and sole opinion of the editor.  Information and news tips on judges can be sent to Spartan News Limited through various means listed on the 'Contact Us' page.  Information may be submitted anonymously but it would be very helpful if reference or source background can be supplied along with information.




2 August 2012
The absence of an independent bar or arm's length appellate courts in New Zealand allow the Supreme Court to increasingly make it up as it goes.  SEE THE LATEST CASE WHICH HAS SURFACED



31 July 2012
The New Zealand Supreme Court has added a further element of unpredictability with the appointment of Susan Glazebrook by Attorney General Chris Finlayson.  Glazebrook was one of the more emotional and erratic Court of Appeal judges but was also seen generally to be one of the more respectful of human rights.

High Court Justice Christine French was appointed to the Court of Appeal to fill the slot.



15 March 2010   
Former Deputy Judge of the Independent Police Complaints Authority Michael Lance QC will face trial in the North Shore District Court on 24 March 2010 for willful vandalism.  As first reported on kiwisfirst a year ago, Lance was witnessed "keying" the car of businessman Richard Cummins in front of the Judge's Browns Bay apartment by café patrons across the street.  Despite the trial being set for months, the half dozen witnesses were only subpoenaed this weekend. 

Further investigation of Judge Lance after his arrest uncovered a disturbing history of criminal conduct.  This included similar incidents of vandalism where the Judge was questioned but never charged, as well as the Judge throwing a trial in Rotorua of a lawyer charged with fraud and blackmail years earlier.  That lawyer, caught on tape trying to blackmail the detective prosecuting his drug-dealing client, turned out to be the business partner of the Judge's son Simon.  Without disclosing the relationship, Lance had himself appointed trial judge and travelled down from Auckland to preside.  In a brazen display of power, Lance J found the lawyer not guilty and then publicly castigated the police for prosecuting the lawyer.  The lawyer cannot be named because Judge Lance additionally gave him name suppression.

Judge Lance's perversion of the course of justice in the criminal trial of his son's law partner occurred when Supreme Court Judge John McGrath was Solicitor General and Police Complaints Authority Judge Lowell Goddard was Deputy Solicitor General.  Police hierarchy reported and detailed the corruption to the Solicitor General and deputy, but McGrath and Goddard concealed the evidence of Lance's criminal offending from the bench and dismissively stated at the time that prosecution of Judge Lance was "not in the public interest".   At least one high ranking Police inspector quit out of disillusionment.  The important news story was never reported by the NZ media. 

Subsequent Official Information Act requests for this evidence held by the Crown Law office have been stonewalled by claims the evidence is protected by legal privilege.  Appallingly, both Justice McGrath and Justice Goddard gave ringing endorsements to Judge Lance's subsequent promotion to Judge of the Independent Police Complaints Authority.  Judge Lance wasted no time claiming victory over the Police officials who had complained about his criminal conduct to no avail years earlier.

Years after McGrath and Goddard's cover-up of Judge Lance's criminal misconduct on the bench, Judge Lance successfully sued a radio talkbalk host Mark Bennett for defamation after the host called the Judge "idiotic". 

Judge Michael Lance is currently retired.  He is aggressively defending the charge but does not want a jury trial.  The trial should prove interesting even if the New Zealand media are afraid to report it.  BACK TO FRONT PAGE



15 September 2009
New Zealand Solicitor General David Collins is currently defending at least three unrelated complaints to the New Zealand Law Society for alleged legal misconduct.  One is by kiwisfirst editor Vince Siemer, in relation to representations by Mr Collins to the Auckland High Court in January 2008.  In brief, that complaint alleges Collins knowingly made false claims to initiate a contempt action that the www.kiwisfirst.com website was in breach of an interim injunction, despite his office conceding that the content was "fully compliant" with the injunction terms.  The complaint also alleges that he deliberately misled Parliament by misrepresenting to the Justice and Electoral Select Committee in August 2007 that the matter was before the Courts - and thereby off limits from a Parliamentary inquiry.

Mr Collins has responded by letter dated 3 September 2009 to Secretary of National Standards Committee Mary Ollivier that he considers he is the victim of a conspiracy by Mr Siemer and the other complainants.  Presumably, on this basis, he refused to address the substance of the complaint and supporting evidence in the form of a 6 September 2007 email indicating his office agreed months before that the website was not in breach the injunction.  Ironically Mr Collins used his response to threaten the Law Society with prosecution for contempt of Parliament if he considered the Law Society was "to collaterally challenge" the Select Committee's decision founded on what Speaker of the House Lockwood Smith had subsequently determined "may not have been correct".  Dr Smith's conclusion was reached before he became aware of the documentary evidence that David Collins was personally involved in the deception of the Committee. 

Collins elected to take a global position in his reply.  He appended a copy of the resultant High Court Judgment ordering Siemer to six months prison for failing to "unconditionally close down" this website as defence that his actions in seeking Mr Siemer's imprison were appropriate. back to front page



27 August 2007
Late in July 2007 it was revealed that Auckland High Court Justice Paul Heath ruled last December - more than a year after Robert Fardell QC (right) fell to his death from the 15 metre high Takapuna Head cliffs into the rocky surf at high tide - that the Auckland Coroner's findings and the evidence into the bizarre circumstances of Fardell's death would be largely suppressed.  This Court ruling by Heath J followed prominent barrister Harry Waalken QC obtaining a restraining order in July 2006 preventing the Coroner from releasing his written report while the family sought a judicial review designed to censure and obscure the Coroner's findings.  Unfortunately for Waalken, the cat had already been let out of the bag at a special inquest conducted at the Auckland Coroner's Court in June 2006.  This was when Auckland Coroner Dr. Murray Jamieson issued an oral report stating Mr. Fardell died from drowning, with the post-mortem examination revealing drowning was precipitated by massive injuries consistent with a fall immediately prior. 
With foul play and suicide the likely scenarios facing police officers responding to report of a lifeless body on the rocks, foul play must reasonably be ruled out simply on the response of police that day finding a middle-age man unexpectedly dead.  What is known is that the police and ambulance response to the call of a body found 6:30 pm 11 December 2005 as the tide receded was unusually brief for an untimely and, presumably, uncertain cause of death.  Although Mr. Fardell was 52 years old and in good health at the time he died, neither cordoning of the scene nor forensic analysis in-situ was apparently conducted.  The ambulance crew left shortly after inspecting the top of the cliff above where the body was found. Moreover, as Fardell was an extremely heavy-set man who additionally had to breach a fence to reach the edge of the cliff, it is highly unlikely that his fall could have been an accident or murder in this area active with people enjoying the early summer weekend.

Nonetheless, Barrister Waalken vehemently pressed the Coroner that suicide was not a finding the Coroner could legally make - or even mention.  While the Coroner seemed ultimately prepared to delicately acquiesce to Waalken's demands, Waalken's subsequent legal motions that the Coroner permanently seal the evidence and his finding were rejected outright by the Coroner as incompatible with the fundamental precept of transparent proceedings and justice.  It is this ruling by the Coroner that has now been overturned by Auckland High Court Justice Heath.

There has been some speculation, unproven, that Mr. Fardell had a life insurance policy, the death benefit from which may have been lost if the Coroner's findings indicated suicide.  However, it is more likely for reasons that will become apparent deeper in this story that, given the tremendous media exposure to the death, concerns were heightened within the judiciary that allowing the circumstances of the death to be made public would only increase the public's curiosity as to what drove Fardell to such self-destruction.  It was anticipated that attention into the deceased's sordid personal and professional life would then raise legitimate and troubling questions as to how such a person could reach the pinnacle of the legal profession and be next in line for a judicial appointment while those in authority had turned a blind eye to numerous disturbing complaints concerning his professional conduct for several years leading up to his death. 

In the days immediately following his death, the New Zealand Herald ran front page stories claiming that Mr. Fardell died of a heart attack while swimming - irresponsible news reporting easily dispelled by facts that were immediately available to any reporter interested in accuracy.  Other than the location of the body on rocks hundreds of meters from the nearest beach, Mr. Fardell was not dressed for a swim as he walked away from his house for the last time.  The inquest officer assigned to the case said the body was found with shorts and no shoes but that his experience was "articles of clothing quickly get separated from the body in the water".   And as any viewer of CSI can tell you, there are definitive forensic tests to quickly determine whether someone has suffered a fatal heart attack. 

The inquest officer, Paul Herman of the Takapuna Police, immediately realized that he was in over his head on this investigation.  The last person to talk to the deceased was Chris Morris, son of (now retired) High Court judge David Morris.  Chris Morris admitted to Herman that he had come to Fardell's home this Sunday afternoon to discuss pending legal matters with the deceased but declined to grant a formal interview or provide further detail.  Same with the widow.  Also, as the press was widely reporting that ten High Court judges had attended the funeral, the estate hired Barrister Harry Waalken QC, widely regarded as a legal Houdini on medical cases, to advance the family's position on the death - and stymie the investigation.   Faced with such powerful stonewalling Mr. Herman did not need to be a genius to identify that careers are made or lost on how someone might handle himself in an investigation where a litany of prominent lawyers and judges were not only expressing a keen interest in his approach to the investigation but were simultaneously speaking out effusively in the press about what a great man of integrity Mr. Fardell was.

Mr. Fardell undoubtedly had many fine qualities, but integrity was not one of them.  It didn't help that Mr. Herman quite quickly uncovered this darker side to the man.  Herman casually revealed to a private investigator early in his investigation that an Asian gang Fardell had a falling out with were phoning him in an attempt to gain information.  Within a month Herman was also informed that Fardell was being sued in the Auckland High Court for deceptive practices by former clients Paragon Oil Systems Limited and Vince and Jane Siemer, and that an application detailing allegations that Fardell three times perjured himself had been filed and served less than two weeks before his death.  Adding insult to a potentially career-killing injury for Fardell was the fact that Hugh Williams, a judge whom Fardell considered dim-witted and vain and, hence, was an irresistible butt of his jokes, was, as judge in the case, going out of his way to unduly protect Fardell.  Fardell was a proud man whose career and legitimate standing among his peers meant everything to him.  This graft from an unlikely ally whom he had been all too quick to dismiss as unprofessional was a tremendous blow to his ego as much as an inescapable symbol of poetic justice. 
Yet another former client, New Zealand inventor Hugh Price, was also embroiled in a legal battle against Fardell before he died.  Mr. Price had years earlier obtained a ruling from the Lay Observer that overruled the Law Society's dismissal of a formal complaint he had lodged against Mr. Fardell for deceptive practices and seeming incompetence.  Despite this ruling of the Lay Observer, the Law Society refused to act on the complaint.  Now, in December 2005, Mr. Price was again challenging Fardell in a current case for acting in a conflict of interest capacity.
Topping off all this was Fardell's close personal and business relationship with powerful Auckland insolvency practitioner Michael Stiassny, a relationship he would come to ruefully regret in the weeks before his death   This was due in large part to (what Fardell was obviously convinced to be) an intentional release of information by his former friend that helped expose Fardell's legal scams.  This information put Fardell's career at risk in addition to severely undermining his credibility.  Whether this was the straw in the mountain of straw that broke the camel's back is difficult to say.  However, given the significant betrayal by someone he had put so much trust in, it is not difficult to surmise this weighed heavily on Fardell as he solemnly walked to the precipice this otherwise sunny Sunday.   Ironically, as Stiassny was trustee of the Fardell family trust (Delfar Holdings Limited) at the time of his death Fardell could not escape his clutches even in death. 
In this pressure cooker where the powerful legal community's obituary contrasted so sharply with the unfolding facts of the man's real life, Officer Herman did the only thing he considered safe under the circumstances - he went to ground.  As the Coroner's representative, Officer Herman was responsible for publicizing the public inquest.  Despite the tremendous number of contacts he had received from media and financially interested parties, Officer Herman informed only the widow and Harry Waalken QC of the public inquest that he had hastily convened barely 2 months after the death.
Officer Herman would arrogantly respond later to those who felt slighted by his subterfuge regarding the public inquest that he was under no obligation to inform interested parties of the date or setting.  This was simply untrue.  The Coroner's Act 1988 specifically required him to notify in advance parties who may have an interest in the inquest.  In the winter of 2006 Judge Borrin issued a ruling on behalf of the Police Complaints Authority of New Zealand stating Herman was derelict in his obligations under the Act.  The Coroner had earlier been compelled to conduct a special inquest due to Herman's railroading of the public one.
The year 2006 saw significant changes in law for the Coroner's Office.  The 1988 Act was repealed in favour of the Coroner's Act 2006, which was passed into law in August 2006, and the establishment of the Coronial Services of New Zealand was formed on 1 July 2007.  Perhaps this chaos explains why the Coroner - having a year earlier been ready to issue his written inquest findings before a cease and desist order of the Court prevented him from doing so - released his report on 20 July 2007, seven months after Judge Heath finally gave him the approval to do so - sans the evidence and guts of the report.  Perhaps the Coroner's delay was a demonstration of conscious indignation at the Court imposed coverup. 
So it was that what started as a whitewash intended to be quickly disposed of in record time was eventually whitewashed by judicial order more than a year and a half after the fact.  And when one reads the Coroner's brief final report, it is obvious that Mr. Waalken earned his substantial fees on this one.  In legal speak, lawyers deceive by omission.  This is obvious in this case when one reads the Coroner's two page report.  This reporter's favorite line from that report is "No evidence was located to suggest that Mr. Fardell harboured any intention to commit suicide.  Indeed, his work on forthcoming cases suggested to the contrary".  It is as perverse as it is ironic that the Coroner could not write massive injuries from a fall directly contributed to the drowning but was encouraged to get into the highly speculative (let alone non-medical) realm of saying busy people do not have time to commit suicide.  Read Coroner's censured report.  
In obvious double-talk the new Coronial Services website states on its' front page, "The (new) Act was designed to enhance public confidence in the integrity and independence of the coronial system."  All too sadly, the net result has proven the opposite true.  BACK TO FRONT PAGE





11 September 2007
In a ruling handed down by Auckland District Court Justice GV Hubble today, the Judge recognized the Mayor as 'occupier' of 'the whole of the Council Chambers and its buildings' for the intent and purpose of the Trespass Act 1980.  This means the Mayor has the absolute right in law, according to Judge Hubble, to order people removed from city buildings whose presence the Mayor decides to be objectional or disruptive - or if he has good reason to believe they might become so - so long as he does not act 'capriciously' in doing so. 

Judge Hubble's ruling found community activist Penny Bright guilty of crimimal trespass and discharged her without sentence, saying that she was well meaning and had suffered enough.  The case stems from a 23 November 2006 Council Meeting called under urgency to consider a new waterfront stadium in Auckland.   Hubbard had denied Ms. Bright speaking rights at the meeting.   Ms. Bright demonstrated her displeasure with the Mayor's refusal by displaying a 1 by 1.5 metre banner in the public gallery that read "Mayor Hubbard's DICKtatorship is a CEREAL matter - Don't Buy it".   The Mayor demanded she put the banner away but Ms. Bright refused; this refusal prompting the Mayor to temporarily adjourn the meeting while he summoned Police.  By the time Police came the banner was gone but, when Ms. Bright refused to leave the meeting, the Mayor had her arrested for trespassing.  The stadium proposal pushed by Hubbard eventually failed.  The case of criminal trespass against Ms. Bright was pursued by the Crown at the Mayor's urging. 

The mild-mannered Hubble appeared reticient in issuing his judgment.  His decision ran contrary to three previous District Court rulings that had favoured Ms. Bright in similar circumstances.  Still Hubble remarkably praised Ms. Bright and, in response to Ms. Bright submissions ahead of the sentencing, said he agreed with all the points she made.  The difference this time, according to the Judge, was the Mayor found the banner justifiably objectionable.   The Judge agreed.

With his judgment today Hubble also strayed further than previous District Court judges in ruling the Mayor was the rightful 'occupier' of the City building and, as such, was within his right to demand people being disruptive or guilty of objectionable conduct be cited for criminal trespass if they failed to leave when ordered to do so.  Paradoxically the Judge recognized the public's right to access public buildings and attend public meetings.  He therefore qualified his judgment by stating the Mayor, as occupier, had this right "provided that occupier is not acting capriciously or on the basis of racial or other prejudice".   Mayor Hubbard's actions, which included refusing Ms. Bright speaking rights on a number of previous and subsequent occasions, were apparently not deemed prejudicial by Judge Hubble due to His Honour's failure to mention this evidence in his judgment.  The Judge also did not seem to mind that neither the Police constable nor Auckland Council Service's Manager Peter Burden could recall whether they had specifically issued a trespass warning to Ms. Bright before arresting her.  The case included prosecution submissions and defense submissions  

Given the stigma of a criminal conviction, Ms. Bright said she is determined to appeal Judge Hubble's decision.  Back to front page











New Zealand Judge files

Information on New Zealand Judges compiled from public and private sources, including all information submitted by the judges themselves

Justice WINKELMANN, Helen Diana  (Helen Winkelmann J)




Professional Data                  2010 Judge Survey Score (1-10)     Ranking (out of 60) 

Postion & Titles:  Chief High Court Judge, appointed 2009
Judge of: High Court, Auckland, since 2004  
Specializations and Professional Interests: Insolvency law, commercial litigation and medical legal law.
Professional Comments:

Helen Winkelmann J is timid and dowdy by nature. She is bright in the concert-pianist-who-cannot-tie-his-shoes way. Justice Winkelmann's timidness, lack of self-confidence and more recent judicial failings have combined to make her extremely reticent to confront her fellow judges when they pervert the rule of law or engage in personal misconduct. Winkelmann also staunchly considers it is every judge's right to routinely suppress the open public function of their actions and rulings. All these traits were instrumental in Winkelmann's peers supporting her promotion to Head of the High Court Bench in 2009, where culling from the front of the herd and promoting from the weakest ensures survival of the unscrupulous.

Winkelmann J has evolved from her days as a new judge, when one well-placed barrister called her "the most virtuous girl in the brothel" because of her willingness to take honourable stances in support of the rule of law in cases which threaten the absolute authority of the parochial NZ judge communty.  This no longer distinguishes Justice Winkelmann from most of her judicial colleagues who have no reservation in contravening the rule of law to suit personal financial interests and objectives.  Since late 2007, Winkelmann J has demonstrated a worrisome tendency toward unduly protecting the Crown and powerful interests from legal accountability, often in secret. 

Winkelmann J was the High Court Judge who revoked bail in the ill-fated terrorist prosecution by the Police (October 2007) after Auckland District Court Bouchier granted one of the accused (Jamie Lockett) bail. To support the revocation, Justice Winkelmann emphasised the danger of letting Lockett out on bail by reading out for news cameras in the courtroom jaded excerpts from a suppressed court judgment.  Suspects consequently spent a month in prison without bond.  Charges were eventually dropped against 14 of the 18 defendants, including Lockett, but not before, in December 2010, Winkelmann J issued a secret order denying all 18 defendants their statutory right to trial by jury.  Winkelmann's order gave two reasons; the trial would likely be too long for a jury to sit, and jury members would likely use "improper reasoning processes" in deliberation.  No reasons were given by the judge for suppressing the judgment from the public.

Winkelmann J will rule according to law and facts in most cases where political pressure is not brought to bear. However, her extreme sensitivity to publicly exposing corruption by public officials is becoming commonplace.

In 2010, Winkelmann J was appointed to a Judicial Conduct review panel to investigate former Supreme Court Judge Bill Wilson's conflict of interest when a Court of Appeal judge, primarily because she could be counted on to cover up the worst evidence.  Wilson resigned before the panel convened.

In 2010, and again in 2011, Justice Winkelmann was caught giving instructions to one-side's counsel outside of proceedings.  In 2012, a judicial review was filed against the Judicial Conduct Commissioner's dismissal of a formal complaint for one such episode.  The JCC's dismissal stated his office has no power to investigate complaints which challenge the correctness of a judicial decision. 

Justice Winkelmann J would have close connections with banks and key businesses from her legal practise.   She has delivered a number of Auckland District Law Society seminars on aspects of company law including creditors remedies and fiduciary duties. 

Increasingly, Justice Winkelmann's rulings have taken on an air of inexplicability.  She has struck out claims against the Crown ahead of any defence being filed on the strength of Crown  "submissions" that the claims have no substance and recently admitted she had no reasons for suppressing two of her judgments in the R v Bailey prosecutions (the "Urewera 18"). 

In late 2011, Chief High Court Judge Winkelmann ordered a media-taped conversation in a public cafe between Prime Minister John Key and Act MP John Banks suppressed after the Prime Minister objected to its pending publication.  Her reason was she did not have enough information to rule otherwise (ironically, a legal rational which supported not granting the injunctive relief).

Over months in late 2012 and 2013, Justice Helen Winkelmann gave a series of interviews with New Zealand Herald reporter David Fisher, to promote the common theme that NZ judges are accountable and no accountability measures are necessary.  Two interviews stressed the legal requirement that judges give reasons for their decisions provides sufficient checks on judicial powers. The interviews prompted complaints against Winkelmann J to the Judicial Conduct Commissioner, alleging she was misleading the public regarding judicial realities in New Zealand given her own history of not providing reasons for many of her rulings.


Background / Education: Graduated BA, LLB from the University of Auckland in 1984 and was admitteed to the bar in 1985. Winkelmann J was a partner at Phillips Fox from 1988 until she began practice as a barrister sole with Shortland Chambers in May 2001, specialising in insolvency and commercial litigation. Justice Winkelmann was appointed a High Court judge in July 2004.
Degrees: BA, LLB Auckland 1984
Admitted to the Bar: 1985
Company Involvements:

Current Director: Burmese Investments Ltd,

Former Director: All The Answers Ltd, NZ Telemed Services Ltd, Phillips Fox Solicitor Nominee Company Ltd. 

Justice Winkelmann has been a trustee of the Starship Foundation and the Lynfield College Development Trust.


Personal Data


New Zealand

Sex: Female
Married: 19
 Martin James
Interesting Relationships and Coincidences:  Helen Winkelmann J has significant relationships with many New Zealand bankers, accountants and senior lawyers which may cloud her judgment and rulings.  Do not expect her to disclose these relationships when and where they pose a conflict of interest in her presiding.


The Judges of the High Court | Courts of New Zealand
Justice Helen Winkelmann graduated BA, LLB from the University of Auckland in 1984 and was admitteed to the bar in 1985. She was a partner at Phillips Fox ...
www.courtsofnz.govt.nz/about/high/judges.html - 46k - Cached - Similar pages - Note this

a t t m
File Format: PDF/Adobe Acrobat - View as HTML
and the community. In July, Helen Winkelmann. was a named a High Court. judge. Helen was a partner. for a number of years with. Phillips Fox, which provides ...
www.starship.org.nz/Supporting%20Starship%20PDFs/StarshipNews_SEPT2004.pdf - Similar pages - Note this

Killer threw rocks from bridge before - 07 Jul 2006 - NZ Herald ...
Shortly before the jurors retired to consider their verdict, Justice Helen Winkelmann told them to put their emotions to one side. ...
www.nzherald.co.nz/section/story.cfm?c_id=1&ObjectID=10390141 - 35k - Cached - Similar pages - Note this

Justice Helen Winkelmann, Kiwis First - Judge Helen Diana ...
Justice WINKELMANN, Helen Diana ... Justice Winkelmann was appointed a High Court judge in July 2004. Degrees: BA, LLB Auckland 1984. Admitted to the Bar: ...
www.kiwisfirst.co.nz/index.asp?PageID=2145845379 - 27k - Cached - Similar pages - Note this

AWLA September 2004.indd
File Format: PDF/Adobe Acrobat - View as HTML
Dean and Helen Winkelmann. on their recent appointments. as, respectively, Queen’s Counsel .... Justice Helen Winkelmann appointed to the High Court ...
www.awla.org.nz/Newsletters/AWLA%20September%202004.pdf - Similar pages - Note this

Colourful affair as Iti appears in court - Terror Raids - The ...
17 Oct 2007 ... Hearing the Crown's appeal, Justice Helen Winkelmann said Judge Bouchier had failed to take into account Lockett's previous offending while ...
www.stuff.co.nz/dominionpost/4240573a25422.html - Similar pages - Note this

Crown claims activist declared war on NZ - Terror Raids - The ...
Justice Helen Winkelmann said Judge Bouchier had failed to take into account that further "more serious" charges could be against Lockett under the ...
www.stuff.co.nz/dominionpost/4239580a25422.html - Similar pages - Note this
More results from www.stuff.co.nz »

Auckland District Law Society - Seminar Papers - Seminar papers - 2001
Helen Winkelmann, Professor Charles Rickett. Conveyancing Pot Pourri II. 20/11/01. Mark Hornabrook, Dave Chapman, Sean Gollin ...
www.adls.org.nz/products/leged/seminarpapers/seminarpapers2001.asp - 181k - Cached - Similar pages - Note this

Auckland District Law Society - Seminar Papers - Seminar papers - 2000
Helen Winkelmann, Michael Bos. Wills, Trusts & Estates. 18/7/00. Graham Stevens, Richard Taylor and. Paul Windeatt. Property & Business Valuations. 27/7/00 ...
www.adls.org.nz/products/leged/seminarpapers/seminarpapers2000.asp - 181k - Cached - Similar pages - Note this

Medical Practitioners Disciplinary Tribunal
File Format: PDF/Adobe Acrobat - View as HTML
The application by counsel acting for Mr Karpik, Ms Helen Winkelmann,. is for the following orders pursuant to Section 106 of the Act: ...
www.mpdt.org.nz/decisionsorders/decisions/9837chearprimin.PDF - Similar pages - Note this



13 February 2008
You get a feeling things are bad when, within 5 days of a man being found incinerated in the back seat of his car, the car crudely parked on an isolated road, the police investigator is claiming suicide.  The empty petrol container allegedly used to create the inferno is found tucked away in the closed boot of the car.  The police surmised the man poured petrol over himself and his backseat before tidying up enough to safely store the empty container away and climb back into the saturated vehicle.  The Bic lighter that purportedly started the fire was found outside the rear of the vehicle.  The police investigator's conclusions of suicide are based, in part, on the early morning hour (8:00 am) and an assumption there was little time for someone intent on murder to have orchestrated the scene.  Perhaps.  But, at the same time, police saw little contradiction with Mr Tawhiao stripping off his boots, and tidying up after drenching the scene (and himself) with petrol.
The setting was Matakana Island back in July 1999.  The victim was Sonny Tawhiao, a 36 year old Maori rights advocate who, shortly before he was found dead, told friends he feared for his life because he had been threatened for exposing Ngaiterangi elders attempts to abscond with land set up in trust for the local iwi.  Whether these threats were investigated is unclear.  What is clear is the simple fact Mr Tawhiao was a loner weighed heavily in the investigator's conclusion of suicide.  

The inferno virtually destroyed the corpse - even the teeth according to the Inquest Officer Jason Perry who was with the Tauranga Police at the time.  Though the teeth destruction claim would be dispelled by the Coroner at autopsy, his report left little doubt that looking for signs of a struggle or assault on the body would be futile.  That Mr Tawhiao's lungs were later found to contain carbon monoxide was another indication to the police that he was breathing at the time of the fire - and therefore could have exited the car if he wanted to.
Immediately prior to his death, Mr Tawhiao was active in fighting for Maori rights to the private lands on Matakana Island which were in the process of being sold off.  In this contentious battle, Rotorua Businessman Chris Wingate sought to acquire and develop a significant portion of the island -10,000 acres for $20 Million - and was working with Far Financial to obtain funding to buy the land.  Little did Mr Wingate know that Far Fiancial soon began working behind his back to acquire the property for themselves.  At the same time Te Kotukutuku Corporation and the Matakana Island Trust (operating under the umbrella TKC) sought to secure the land under indigenous rights claims.  Court battles ensued, advancing to the Privy Council in England.  After winning at the High Court level, Wingate lost both appeals. 
In the end, TKC won out.  The High Court Judge Greg ruled that he considered relinquishment of title to the land to TKC was a positive step toward Treaty of Waitangi settlement.  But wait.  Less than eight years later, in 2007, the land was sold again by TKC.  Local Maori, who thought the land was held in trust for them, are astonished.  TKC officers are saying little.  The Ngaiterangi are left with nothing, the officers of TKC appear to be walking away with the money and the Ngaiterangi Treaty of Waitangi claim is still alive and well and begging for a government land grant. The TKC directors, who include the leadership of Ngaiterangi, have sold all the land. The first sale was just after the High Court allowed them ownership in 1994. Subsequently they sold 5000 acres of the sacred land to American property group Port Blakely . Then in July 2007 they sold the shares in TKC to a group of New Zealand property developers for an unconfirmed price approaching $75 million.
To many this is another example of the cottage industry which Treaty of Waitangi settlements have become.  Minimally it is proof that, until some mechanisms are imposed by the reckless Courts to instill some discipline and finality into a process deemed worthy of the word 'settlement', these land wars are destined to taint indigenous relations.  More corporations will undoubtedly appear to represent local iwi, only to sell the land for the benefit of a select few.  In this particular case, to the people of Ngaiterangi, they are the most visible victims. 
As part of this story, inquest officer Detective Jason Perry, now based in Wellington, was presented questions by kiwisfirst regarding the coroner's inquest into Mr Tawhiao's death.  These questions explored Mr Perry's alleged relationships with officers of TKC, as well as conflicts between his and the Coroner's report in relation to the condition of the body.  Mr Perry refused to answer the questions, citing an official enquiry being conducted by Inspector Micheal Clements, who is current Area Commander of the Western Bay of Plenty Police.
It is also understood that the Police Complaints Authority have been asked to launch an investigation but have refused pending completion of the Police District inquiry.  After a ten year battle, it seems the war of truth is only beginning. #  RETURN TO FRONT PAGE

The Kiwis First forum, the kiwisfirst.co.nz website, pages, content and any Internet mirror thereof are the works of SPARTAN NEWS LIMITED, a New Zealand Registered News Media Company. Copyright Notice & Disclaimer.