Judge rebukes Helen Clark for public criticism

By HELEN TUNNAH

Maori Land Court judge Caren Wickliffe has taken a swipe at Prime Minister Helen Clark with a reminder that there are proper routes to take if she disagrees with a judge's decisions.

Judge Wickliffe said the Executive should not tell the court what to do, especially if it was still involved in a case. The Crown "or any other party" could appeal or seek a judicial review of a decision they did not agree with.

Her remarks were a pointed reference to criticisms both by Helen Clark and Attorney-General Margaret Wilson.

Helen Clark rebuked Judge Wickliffe after she issued an oral finding against the Crown. The judge had rejected Crown attempts to prevent East Coast foreshore and seabed claimants from proceeding to a substantive hearing.

The Crown had wanted a stay on the proceedings because of planned legislation affecting seabed and foreshore ownership.

Judge Wickliffe then said she would stand aside from a full hearing because of her tribal affiliations.

Helen Clark said she thought the court would have had "rather better things to do with its time" than hear the case, while asking if Judge Wickliffe should have presided over any of the hearings at all. "The judge is of Ngati Porou descent and this case concerns Ngati Porou."

Attorney-General Margaret Wilson said the convention that politicians did not criticise judges had been broken in "unusual" cases, and Judge Wickliffe's decision could be classified as unusual.

In her written judgment, Judge Wickliffe added a postscript in which she clearly reprimanded the Prime Minister.

She said a judge's decision could be reviewed or appealed.

"That is the proper course for the Crown or any other party unhappy with the decision. It is unfortunate, therefore, that I must remind parties that it is not for the Executive to attempt to advise this court by public announcement rather than submission, on how to discharge its proper function or expend its resources or time ... "

Helen Clark did not respond to Judge Wickliffe's comments.