Sian Elias

Sian Elias

By FRAN O'SULLIVAN

Chief Justice Sian Elias has warned that judges' independence will be compromised if they have to "stay on the right side of the Government" to get work after retiring from the bench.

She also reopened yesterday her public row with the Prime Minister, saying that Helen Clark's criticism of her for speaking out in July showed "a profound lack of understanding" about judicial independence.

Dame Sian said judges had a convention of not returning to private practice after retiring.

Their problems in maintaining an income had been exacerbated by a "very early" retirement age of 68 and the removal of a guaranteed defined pension.

Some funds that judges had invested in under the replacement superannuation scheme had done very badly, and several lawyers had recently turned down High Court appointments because of the lack of security.

"I'm alarmed about the implications for judicial independence if judges have such incentives to stay on the right side of the Government or keep in with influential members of the [legal] profession who might be expected to provide them with work after retirement."

During a panel discussion on new-generation judges at the International Bar Association conference in Auckland yesterday, Dame Sian made it clear she would not be muzzled by politicians over the relative power of courts and Parliament, saying "if we don't exercise independence, we lose it".

The Remuneration Authority, which sets judges' salaries, is expected to increase the Government's contribution to their superannuation schemes to 30 per cent of salary at its next review.

High Court judges are now paid $272,000 a year and the Government pays a maximum of 25 per cent of this as its contribution to their superannuation.

The authority's deputy chairwoman, Beverley Wakem, said the authority favoured a return to the defined benefit scheme.

"You do not want judges on the bench worrying whether they can make ends meet in retirement," said Miss Wakem.

Dame Sian said she had proposed a return to a defined pension. "So far, the Minister of Finance has said, 'Well tough, we're not going to have the police also saying we want to go back on to a defined system'."

The Chief Justice believes judicial independence in NZ is fragile and institutional arrangements are "out of step" with other similar countries.