Application to NZSC claims judge broke law

An application to the Supreme Court claims that a judge broke the law and his judicial oath.

Ian Ewen-Street, a spokesperson for the appellant Saxmere Company Ltd, said the issues are whether a judge broke the law and whether Saxmere had a fair hearing.

He said Section 4(2A) of the Judicature Act stipulates a judge must not undertake any other paid 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.

“The judge in question held office as a director of a multi-million dollar company in the horse breeding industry.”

Chief High Court Judge Justice Randerson has advised he has “...not been called upon to deal with any requests under Section 4(2A).”

Mr Ewen-Street said the Supreme Court overlooked this law regulating the conduct of judges when it considered the Saxmere v. Wool Board (‘Disco’) case in March this year.

"Saxmere is asking the Supreme Court to recall its judgment because Section 4(2A) was not raised at that time and the judge’s statement did not address this section.

“The Supreme Court decision was founded on assumptions the judge had fulfilled his judicial oath and had made full disclosure in his statement.

“Saxmere is concerned those assumptions are now unfounded, which is the basis of the recall application.”

ENDS

© Scoop Media