Government names Supreme Court judges

By AUDREY YOUNG, political editor

Judges for New Zealand's new highest court have been chosen from the senior ranks of the Court of Appeal.

This will reduce the likelihood of the Supreme Court being damaged in political crossfire when it opens its doors.

All five Supreme Court judges announced yesterday were appointed to the Court of Appeal under a National-led Government.

The Chief Justice, Dame Sian Elias, automatically heads the court.

She will be joined by the four most experienced judges on the Court of Appeal - its president, Justice Thomas Gault, and Justices Sir Kenneth Keith, Peter Blanchard and Andrew Tipping.

But future vacancies on the new court will not automatically be filled from the next court down.

Some of the new appointments may be for as little as two years because judges are required to retire at the age of 68.

The first such Supreme Court retirement is due in November 2005 when Sir Kenneth turns 68.

Attorney-General Margaret Wilson last night hinted that she would be open to extending the retirement age beyond 68 but that had not been recommended by the parliamentary select committee.

The retirement age for judges had been 72, and some had suggested that 70 might be a compromise.

The Supreme Court will replace the British Privy Council as New Zealand's final appellate court.

It will be legally formed on January 1, and will start hearing cases on July 1.

The prospect of Margaret Wilson appointing an entire court from scratch was exploited by Opposition parties in the heated debate about scrapping the Privy Council.

She was painted as a "politically correct" reformer who would appoint activist judges.

Yesterday's announcement did not silence the court's opponents.

National, New Zealand First and Act all asked why the appointment principle had not been accepted earlier.

"If it was part and parcel of the package, it should have been out there at the time rather than making up the criteria as you go along," New Zealand First leader Winston Peters said last night.

He said the appointments would not override "the grave concerns" people and business would have over having a final appellate court in New Zealand rather than in an international jurisdiction like the Privy Council.

Act justice spokesman Stephen Franks said he was glad common sense had prevailed.

But much damage to the court's prestige could have been avoided if Margaret Wilson had promised to elevate senior Court of Appeal judges.

National justice spokesman Richard Worth said the Prime Minister had "dictated the outcome", and it was not merit-based.

"I think it makes a mockery of the Attorney-General's plan for an advisory committee that would consult with others."

An advisory panel made up of the Chief Justice, the Solicitor-General, Terence Arnold, and former Governor-General Sir Paul Reeves recommended the appointments to Ms Wilson.

Last night, Ms Wilson savaged the criticisms from the three parties.

She said that for her to have acted unilaterally "would have been a total break with precedent".

"It is so obvious to anyone who knows the system that it would have been blatant political interference in the whole appointments process."

She had received good advice from the advisory committee and she had taken it.