Hon CHRISTOPHER FINLAYSON (Attorney-General) : I move, That, pursuant to section 7(2) and clause 1(1) of schedule 2 of the Judicial Conduct Commissioner and Judicial Conduct Panel Act 2004, this House recommend His Excellency the Governor-General appoint David Rendel Kingston Gascoigne DCNZM CBE of Wellington as the Judicial Conduct Commissioner for a term of 5 years from the date of appointment having noted that the Attorney-General advises this House, in accordance with section 7(3) of the Act, that the Chief Justice has been consulted about the appointment.
The Judicial Conduct Commissioner and Judicial Conduct Panel Act 2004 came into effect on 1 August 2005. It provided for the office of a Judicial Conduct Commissioner and set out a statutory regime for dealing with complaints about judges’ conduct. The commissioner is the first port of call for all complaints about judges, with the Act requiring all complaints about the conduct of a judge to be directed to the commissioner. One of the aims of this system is to remove from the judiciary the burden of responding to complaints that have no substance. It is not a function of the commissioner to challenge or call into question the legality or correctness of any instruction, direction, order, judgment, or other decision given or made by a judge in relation to any legal proceedings, or to undermine the immunities that attach by law to the discharge of judicial responsibilities.
The position requires a person of high standing in the community with demonstrated integrity. The proposed appointee must be familiar with the role of the judiciary and with the principles of judicial independence, natural justice, and procedural fairness, and must be a good communicator. The first appointee as Judicial Conduct Commissioner was Mr Ian Haynes ONZM. He has recently tendered his resignation, effective from 12 July 2009. I thank him for his service in the role.
Mr Gascoigne is a lawyer and professional director. He has held a number of directorships in both the public and private sectors. He began his career with Watts and Patterson, as it then was, where he became chairman of partners. He was a founding partner and subsequently national chairman of partners of the merged law firm Rudd Watts and Stone, which is now known as Minter Ellison Rudd Watts. He is now a consultant to that firm and a member of the firm’s board. Mr Gascoigne is also very experienced in administration of the arts, having been chair of Opera New Zealand since 2002 and one of the founding trustees of the New Zealand International Festival of the Arts. He was awarded the CBE in 1989 for his services to film, and the DCNZM in 2005 for his services to the arts and business. He received an inaugural Distinguished Alumni Award from Victoria University of Wellington in 2006.
The term of appointment is for not less than 2 years and not more than 5. It is proposed that Mr Gascoigne’s appointment be for 5 years. The commissioner is remunerated at a rate that is set by the Remuneration Authority.
The Judicial Matters Bill currently before the House will allow for the appointment of a deputy commissioner who can deal with a complaint when the commissioner has a conflict of interest, is absent, or is incapacitated, or when there is a vacancy in the office of the commissioner. I am pleased to move a recommendation to His Excellency the Governor-General to appoint Mr Gascoigne as the Judicial Conduct Commissioner.
The position requires a person of high standing in the community with demonstrated integrity. The proposed appointee must be familiar with the role of the judiciary and with the principles of judicial independence, natural justice, and procedural fairness, and must be a good communicator. The first appointee as Judicial Conduct Commissioner was Mr Ian Haynes ONZM. He has recently tendered his resignation, effective from 12 July 2009. I thank him for his service in the role.
Mr Gascoigne is a lawyer and professional director. He has held a number of directorships in both the public and private sectors. He began his career with Watts and Patterson, as it then was, where he became chairman of partners. He was a founding partner and subsequently national chairman of partners of the merged law firm Rudd Watts and Stone, which is now known as Minter Ellison Rudd Watts. He is now a consultant to that firm and a member of the firm’s board. Mr Gascoigne is also very experienced in administration of the arts, having been chair of Opera New Zealand since 2002 and one of the founding trustees of the New Zealand International Festival of the Arts. He was awarded the CBE in 1989 for his services to film, and the DCNZM in 2005 for his services to the arts and business. He received an inaugural Distinguished Alumni Award from Victoria University of Wellington in 2006.
The term of appointment is for not less than 2 years and not more than 5. It is proposed that Mr Gascoigne’s appointment be for 5 years. The commissioner is remunerated at a rate that is set by the Remuneration Authority.
The Judicial Matters Bill currently before the House will allow for the appointment of a deputy commissioner who can deal with a complaint when the commissioner has a conflict of interest, is absent, or is incapacitated, or when there is a vacancy in the office of the commissioner. I am pleased to move a recommendation to His Excellency the Governor-General to appoint Mr Gascoigne as the Judicial Conduct Commissioner.
