Regional Development Minister Shane Jones. Photo / Mark Mitchell.
Regional Development Minister Shane Jones. Photo / Mark Mitchell.
The Law Society believes Shane Jones “breached” principles of “comity and mutual respect” with comments about the judiciary and is calling for the Government to “make a clear, public statement” reminding ministers of their obligations.
It follows the latest swipe by Jones on Thursday, when he said “the creep of a lot of these judicial decisions is beginning to show elements of totalitarianism”. That came as he defended calling a High Court judge a “communist” in a May meeting.
The Law Society on Friday said it was urging the Government to “make a clear, public statement reminding all ministers of their obligations and duties in respect of the judiciary, and the consequences that will likely follow if those obligations continue to be breached”.
It said Jones’ “communist judge” comment prompted the group to write to Attorney General Judith Collins last week “to record its concern that the comments questioned both the objectivity and impartiality of the judge”.
Following Jones’ comment on Thursday, the society said it has now written to Collins again.
“Ministers of the Crown have a duty to uphold and respect the role of the judiciary. The fundamental constitutional conventions of comity and mutual respect require that they refrain from commenting adversely on the impartiality, personal views, and competence of the judiciary.”
Comity means that each branch of government respects the others’ spheres of influence and the privileges associated with it.
Law Society vice president David Campbell said: “We are of the view that the minister’s comments have breached these fundamental principles of comity and mutual respect”.
“While the Law Society acknowledges the Attorney-General’s efforts so far to uphold and protect the role of the judiciary, we consider stronger assurances are now required.”
Regional Development Minister Shane Jones. Photo / Mark Mitchell.
Following Jones’ “totalitarianism” remark, Collins on Thursday said she was “taking it seriously” and would speak to Jones – something she had already done before.
The Cabinet manual states ministers “should not express any views that are likely to be publicised if they could be regarded as reflecting adversely on the impartiality, personal views, or ability of any judge”.
But Jones doesn’t believe he has come close to breaching it.
He defended calling High Court Justice Cheryl Gwyn a “communist” in a May meeting by saying it was a “matter of fact” - she was a member of a Socialist Action League group when she was a law graduate. The Prime Minister has labelled the remark “descriptive, not critical”.
That comment was found in officials’ notes recorded during a discussion between ministers and seafood industry representatives about Government plans to make it more difficult for Māori to gain customary marine titles to foreshore and seabed.
Jones explained his “totalitarianism” remark by saying “the Waitangi Tribunal does that with every hearing”.
“The Waitangi Tribunal is elevating, and that is what I am talking about, the status of the Treaty beyond Parliament, beyond democracy. I am entitled to challenge that creep, which I regard as happening in the Waitangi Tribunal as a type of anti-democratic totalitarianism.”
He said the Waitangi Tribunal was “not a court”, but a recommendatory body that had “elevated a conception of the Treaty that says sovereignty does not rest with Parliament or democracy”.
The tribunal is a standing commission of inquiry that can examine and make recommendations about legislation. It is currently chaired by Chief Judge Caren Fox.
The Bar Association also wrote to the Attorney-General on Wednesday to “seek action” over ministers’ comments, which it argued “go much further than criticisms or discussions of judgments”.
Jamie Ensor is a political reporter in the NZ Herald Press Gallery team based at Parliament. He was previously a TV reporter and digital producer in the Newshub Press Gallery office.
