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An organisation representing barristers has written to the Attorney-General “to seek action” after raising concerns “about attacks on our judiciary”.
Attorney-General Judith Collins has previously reminded ministers about respecting the boundaries between the different branches of Government and their obligations as ministers as set out by the Cabinet Manual.
Shetold the Herald on Wednesday evening: “I have no plans to remind them again at this stage.”
Jones’ reference to High Court Justice Cheryl Gwyn as a “communist judge” was explained on Tuesday by Prime Minister Christopher Luxon as being “descriptive, not critical”.
But on Wednesday afternoon New Zealand Bar Association president Maria Dew released a statement saying there had been a “recent increase in comments and public statements by ministers about judges that go much further than criticisms or discussion of judgments”.
“This cannot be explained away as simply ‘political rhetoric’ by politicians, when ministers of the Crown owe duties to uphold the role of judges. Barristers in New Zealand are concerned about this. We recognise it is not healthy for our institutions.”
Jones has called his comment political rhetoric and said in the House on Tuesday that it was a “matter of fact” and “an adjective”. Justice Gwyn was reportedly a member of a Socialist Action League group when she was a young law graduate.
The association’s statement said the judiciary “can be an easy target” as judges can’t speak in defence of themselves or their judgments.
“The careful separation and balance of powers between our courts, Government and politicians means ministers must not engage in any personal criticism of judges or the leadership of the courts. Just as the courts and judges remain outside of politics.
“In recent years, we’ve seen polarising criticism of the judiciary in other countries. The risks of politicisation of the judiciary are clear. We do not want to follow other examples overseas where there has been a loss of independence in the courts.”
The decisions of judges should be open to challenge and debate, the association said. But the way politicians and other leaders talk about the judiciary “is important”, the statement said.
“It is fundamental for our democracy that judges are not the subject of personal attack or criticism by ministers that may risk judges being restricted in their role. Judges must be capable of being able to freely play their independent constitutional role in Aotearoa New Zealand.”
The association believed this was an occasion in which the legal profession needed to speak up and urged the Government to ensure ministerial conduct “is not condoned by inaction”.
“We have written to the Attorney-General today to seek action.”
The Cabinet Manual states that ministers “should not express any views that are likely to be publicised if they could be regarded as reflecting adversely on the impartiality, personal views, or ability of any judge”.
It’s been reported that the Attorney-General, Judith Collins, wrote to ministers earlier this year about their obligations. That came after Jones reportedly was critical of a Supreme Court decision. Comments Jones and Seymour have made about the Waitangi Tribunal this year have also been called “ill-considered” by the Prime Minister.
In the House on Tuesday, Labour leader Chris Hipkins questioned Luxon about Jones’ “communist judge” comment, which he made during a meeting with seafood industry representatives in May.
Asked if the comment was acceptable for a minister, Luxon said: “The comments are descriptive, not critical.
“That’s exactly what has happened. It’s on the public record. They might not be the words that I’d use, but he’s perfectly free to do so.”
Jones’ office has been contacted for comment.
Jamie Ensor is a political reporter in the NZ Herald Press Gallery team based at Parliament. He was previously a TV reporter and digital producer in the Newshub Press Gallery office.
