Retired High Court judge Robert Smellie has died, aged 95. Photo / Nick Reed
A highly respected former High Court judge and senior figure in New Zealand’s legal profession has died at age 95.
The Chief Justice has paid tribute to Hon Robert Philip Smellie CNZM KC, describing him as a man whose life was defined by service to the law, the judiciary and the wider community.
Smellie, who died on December 23, was remembered by Chief Justice Dame Helen Winkelmann as a deeply committed public servant whose influence stretched well beyond the courtroom.
“His was a life of service to the legal profession, to the judiciary, to his church and to the community,” Winkelmann said.
“On behalf of the New Zealand judiciary, I acknowledge and pay tribute to the importance of that service. I extend my deepest sympathy to his family.”
Born in Dunedin in 1930, Smellie was educated at Otago Boys’ High School before graduating with an LLB from the University of Auckland.
He began his legal career as a barrister and solicitor in 1957 and later became a partner at Grierson, Jackson and Partners, the firm that would become Simpson Grierson.
He moved to the independent bar in 1976 and was appointed Queen’s Counsel in 1979.
That same year, he published Building Contracts and Practice in New Zealand, regarded at the time as the leading text on construction law.
Smellie held a number of senior roles within the profession, serving as a council member of the Auckland District Law Society, chairing legislation committees for both the Auckland and New Zealand Law Societies, and contributing to the New Zealand Law Society’s Disciplinary Committee.
In 1973, he received the Bruce Elliott Prize for service to the public and the law.
His public service extended beyond the legal sphere.
Smellie played a key role within the Anglican Church, drafting the first Constitution of the Province of the Anglican Church of Melanesia when it became an independent province.
He later served for many years as Chancellor of the Province, advising the archbishop on matters of canon law.
From 1982 to 1985, Smellie chaired the Equal Opportunities Tribunal, the predecessor to the Human Rights Review Tribunal.
He was appointed to the High Court in 1985, sitting in Auckland, and served as Executive Judge specialising in Commercial List cases.
During his time on the bench, he was also involved in efforts to promote gender equity within the judiciary, including membership of the Judicial Working Group on Gender Equity.
Smellie presided over litigation arising from the Government’s sale of its shareholding in New Zealand Steel, the longest trial in New Zealand’s legal history.
The trial began in November 1994 and concluded in December 1995 after 204 sitting days, followed by additional “call back” days over the following six months.
In July 1996, he delivered judgment in Equiticorp Industries Group Limited (In Statutory Management) v The Crown, awarding substantial damages against the Crown.
After retiring from full-time judicial service in 1998, Smellie continued as an acting High Court judge until 2002.
He was appointed a Companion of the New Zealand Order of Merit in August 1998 for services as a High Court judge, and in 2000 headed a complaints review office investigating serious grievances against Auckland City Council.
He later continued his judicial career in the Pacific, serving as a judge of the Fiji Court of Appeal from around 2001 until September 2007.
Smellie is survived by his three sons and four grandchildren.