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Katene: Justice Wilson – Urgent Debate

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Tue Nov 09 2010 13:00:00 GMT+1300 (New Zealand Daylight Time)

Katene: Justice Wilson – Urgent Debate

Tuesday, 9 November 2010, 4:42 pm
Speech: The Maori Party

Justice Wilson – Urgent Debate

Rahui Katene; Justice Spokesperson for the Maori Party

Tuesday 9 November 2010; 4.00pm

The Maori Party stands to make a call in this urgent debate around the appropriate call of judicial bias in New Zealand.

There are many issues embedded the situation around Justice Bill Wilson which cut to the thrust of issues around justice and injustice; around the proper application of the law.

The injustice we are dealing with today, is more along the lines of the perception of injustice, the question of perceived judicial bias.

And I have to agree with other members that there are certainly issues around the supposed golden handshake of a year’s salary of $410,000; as well as the solicitor-client costs calculated at $475,000. And of course on top of that, there’s the additional legal costs that come with the work of the Judicial Conduct Commissioner and the Judicial Conduct Act.

It is not appropriate for me – or for the Maori Party – to make comments about this situation related to the individual Justice Wilson. These matters have been dealt with appropriately by acting Attorney-General Judith Collins; and indeed before her, by the Judicial Conduct Commissioner, Dr David Gascoigne.

Justice Wilson has been through the process outlined by previous speakers; he has taken the decision to tender his resignation, and the matter has therefore been brought to an effective resolution.

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But I do want to comment on two particular issues that have stood out in the way in which this situation has been responded to.

Firstly, I commend the Minister Collins for her brave decision to call on a Judicial Conduct panel to investigate the longstanding issues associated with Justice Wilson’s conduct in the Saxmere wool case.

As I understand it, in the opinion of Auckland University law professor, Bill Hodge, this was the first time such a panel had been appointed.

The Minister determined that a panel was necessary to follow up an investigation into this situation, following inquiries about complaints against Justice Wilson.

The second bold determination was to work towards the resignation of the Judge, in the best interests of New Zealand’s legal standing and legal history.

I heard the Minister say earlier that was an independent decision from the Judge – but I want to commend her for taking a very strong line in this situation, and as such, preventing even more excessive costs to be spent if the case had proceeded even further.

The Minister has suggested that carrying on with a case, just for the sake of taking the case to Court, would have caused incalculable damage to confidence in the Judiciary.

And so I commend her for a solid decision, in bringing this matter to a speedy resolution, and to this end, helping to both safeguard the judicial reputation and save inordinate expenses for the taxpayer.

We believe, that in this case, Justice has not only been done – but Justice has been seen to be done – and to this end, we support the decision taken by Minister Collins for the long term interest.

We can not have a judiciary in which there are any questions of bias or perceived conflict of interest operating.

Indeed it is one of the most significant issues impacting upon the experience of Maori in the justice system.

There is another debate to be had, that might bring to the House the question that bias operates within the criminal justice system, such that any suspected or actual offending by Māori has harsher consequences for those Māori, resulting in a gross over-representation of Maori within that system.

That is not the debate to be had today – but for the purposes of this debate we support the actions of the acting Attorney General and the Government in relation to Justice Wilson.

ENDS

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