Cullen accuses judge of media leak

New Attorney-General Michael Cullen yesterday accused the Chief Judge of the Maori Land Court of passing documents to news media about the first claim to be brought under the Foreshore and Seabed Act.

The accusation against Judge Joe Williams not only appeared to be wrong, it came just a week after Dr Cullen pledged to defend judges against criticism from MPs in his new role as Attorney-General.

Dr Cullen was answering questions in Parliament yesterday on behalf of Prime Minister Helen Clark about the claim by members of the Whakatohea tribe in Eastern Bay of Plenty.

He is the Cabinet expert on the highly contentious foreshore and seabed law, having been responsible for steering it through Parliament.

But his Attorney-General role is likely to pose conflicts with his leadership role in politically sensitive areas, as demonstrated yesterday.

The Herald on Sunday obtained two sets of minutes written in February and March by Judge Williams commenting on aspects of the Whakatohea application and the Crown's response.

Dr Cullen was asked by New Zealand First leader Winston Peters "how that confidential minute was leaked into the public arena and who did so"?

Dr Cullen said he understood the minute was released by the Chief Judge of the Maori Land Court himself, "which, I am advised, is not the normal practice".

Mr Peters then asked how Judge Williams could continue as a judge "if he is prepared to release and leak a confidential minute from the hearing of the court to the media of the country".

Dr Cullen did not defend the judge but replied: "My understanding, as I said before, is that this was not a usual practice of a judge in these kinds of circumstances."

Judge Williams would not comment personally but said through a spokesman that it was not a confidential document and not leaked to the media.

"It's a public document. Everyone is entitled to have it if they request it," the spokesman said.

The judge had not spoken to the reporter concerned, Herald on Sunday political editor Jonathan Milne, and had not authorised its release because anyone who had requested it could have had it.

"He must have got it through the registrar of the court."

Milne confirmed he had openly sought it and received it from the registrar. He also sought Crown Law's submission and received it.

In an interview with the Herald published last Saturday Dr Cullen said, traditionally, the role of the Attorney-General was to defend the independence of judges "and I certainly have every intention of doing so".

Speaking about criticism of judge's decisions, Dr Cullen said: "Parliamentarians have to be extremely careful about criticism of judges."

Dr Cullen is thought to be unimpressed with some of Judge Williams' comments in the minute decision to accept with few supporting details the Whakatohea claim for customary rights orders. A new concept under the act is aimed at the Maori Land Court protecting the right for Maori to continue specific activities at specific places.

Dr Cullen strongly hinted in Parliament the Crown would be willing to appeal the Maori Land Court rulings if they were considered counter to the new law.

"Both the act and the legal system provide avenues for the Government to appeal any decision by the Maori Land Court," Dr Cullen said, "should it wish to do so."