MEDIA RELEASE – For immediate use, 8 November 2013

Discussion of judgments should be in appropriate forums says Law Society

New Zealand has a robust and well-structured court system and it is important that criticism of court decisions is measured and made in appropriate forums, the New Zealand Law Society says.

Commenting on reported criticism of the judgments in the Lombard Finance case by former Court of Appeal Judge Sir Edmund Thomas, Law Society President Chris Moore said there was nothing wrong with informed debate on court judgments.

“However, it is vital that this debate is conducted in the proper channels. Former judges retain a high status in the community and their views on court decisions are given a standing which is not given to the views of others,” he said.

“It should be noted that current members of the judiciary are the ones who must make decisions. They are not able to publicly defend their judgments which are, of course, subject to our appellate system.”

Mr Moore said the Law Society agreed with the Attorney-General that it was inappropriate for former judges to criticise current judges.

He said while Sir Edmund’s views were expressed in an article he had prepared for a legal journal, public comments had removed it from a debate on legal issues to one on personalities.

ENDS

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