Philip Polkinghorne leaves the Auckland High Court after the not guilty verdict. Photo / Dean Purcell
Philip Polkinghorne leaves the Auckland High Court after the not guilty verdict. Photo / Dean Purcell
Two King’s Counsel support a new clause at the Northern Club following Philip Polkinghorne’s trial.
The proposed “Polkinghorne” rule allows temporary suspension of members charged with criminal offences and bankruptcy.
Club president Arthur Morris says the clause will avoid bringing disrepute to the club and making members feel uncomfortable.
Two King’s Counsel who are members of Auckland’s elite Northern Club support a proposal to introduce a new temporary suspension clause, following Remuera eye doctor Philip Polkinghorne’s murder trial.
The KCs, who did not want to be identified, have coined it the “Polkinghorne”rule.
Polkinghorne, 72, has been a member of the Northern Club since 1993, but after the Herald revealed members wanted him banned, he was blackballed last November.
He was acquitted last September of murdering his wife Pauline Hanna, after an eight-week trial at the High Court at Auckland, which is near to the club.
Pauline Hanna and Philip Polkinghorne. Polkinghorne was blackballed from the Northern club in November 2024. Photo / Norrie Montgomery
Hanna, a Counties-Manukau Health procurement executive, 63, was found dead in their Remuera mansion on Easter Monday, 2021.
On Thursday, the clause was discussed at the Northern Club’s annual meeting where members may be suspended temporarily if they are charged with a criminal offence or bankruptcy proceedings.
The current rule 43 allows for suspension of a membership when an allegation of misconduct has been made. The Herald understands clause 46A can be applied when someone has been charged with a crime that warrants suspension pending the outcome.
An email obtained by the Herald from the Northern Club proposes to delete rule 43 which says, “The Committee may in its absolute discretion, temporarily suspend any member against whom an allegation has been made from using the Club privileges and membership pending final determination of the matter.”
A KC who has been a long-standing member of the Northern Club says he agrees with the proposed clause to suspend members like Philip Polkinghorne. Photo / Supplied.
Instead, it is recommending a new clause 46A, which states:” If any member is charged with a criminal offence; the subject of any application to adjudicate that member bankrupt, or is alleged to have wilfully infringed these rules or by-laws, or behaved either in or out of the Clubhouse in a manner detrimental to the interests of the Club: the Committee may in its absolute discretion, temporarily suspend any member to whom this clause applies from using the Club privileges and membership pending final determination of the matter under clauses 40,and 43 to 46 of these rules.”
Northern Club president Dr Arthur Morris confirmed the clause was raised at the meeting on Thursday. He wouldn’t be drawn into saying the proposed clause was the result of Philip Polkinghorne being charged with murder.
He told the Herald the proposed clause was to avoid members bringing disrepute to the club and making other members feel uncomfortable.
“Club matters are club matters, I’m not sure how you got hold of the agenda of the AGM, it’s a proposed rule for discussion within the club and the club will decide whether it’s accepted.
“In other circumstances, people under investigation step down from their roles while matters are investigated; this is no different, it doesn’t cross against innocent until proven guilty,” Morris said.
Polkinghorne has been a member of the Northern Club since 1993. Photo / Supplied.
A KC and long-standing member of the Northern Club believes the clause should be implemented.
“I think the Polkinghorne case illustrates why. There were serious drugs charges that were substantiated and brought adverse publicity to the club. It’s in the interests of the club to have a rule like that,” the KC said.
Another KC said, “If you are charged with a crime you should be stood down temporarily, which presumes you are innocent until proven guilty. It is consistent with employment law when someone is being investigated.”
Polkinghorne was convicted of methamphetamine related charges. Photo / Supplied
Polkinghorne admitted possession of 37.7g of methamphetamine, which carries a maximum punishment of six months imprisonment, and possession of a methamphetamine pipe, which is punishable by up to one year in prison.
The charges were not allowed to be reported after Hanna’s death, but suppression lapsed with the admission of guilt. He was sentenced to 150 hours of community service last November.
The subsequent trial heard evidence from the crown that Polkinghorne was living a double life, spending nearly $300,000 on sex workers, including his former lover, Madison Ashton.
Madison Ashton was Philip Polkinghorne's former lover. Photo / Michael Craig
The Herald asked the KC and long-standing member if the new rule 46A contradicted the legal principle that everyone is presumed innocent until proven guilty.
He said, “You can argue it both ways. In the courts you can argue innocent until proven guilty. The argument in favour of the rule is to stop speculation and for the club to be brought into disrepute.
“Belonging to the club is a privilege. Even though Polkinghorne was charged with murder and not found guilty, it is in the interests of the club to have the right to suspend you because of the unwelcome publicity it brings.”
A KC says being a member of the Northern Club is a privilege and if you are charged with murder like Polkinghorne you should be temporarily suspended. Photo / Supplied.
He is unaware of any current members who have been charged with a criminal offence or declared bankrupt.
" But I am sure there will be some members who have been charged with drink driving, for sure,“ the KC said.
Another club member, Anne Bartley-Burton, star of Real Housewives of Auckland and celebrity cat-lady, believes the proposed clause is “over the top.”
“People can be charged with all sorts of things and it could be completely unfounded. With bankruptcy, I personally think it’s unfair with this economy, decent people have been put through hell, not by their own fault but by circumstances they can’t control.”
Cat-activist Anne Bartley-Burton is believes the new clause at the Northern Club is "unfair and over the top." Photo / Michael Craig
Bartley-Burton hasn’t been to the club lately, as her arm was damaged when her husband accidentally ran her over in their driveway while she tried to save the neighbour’s cat. The cat activist saw Polkinghorne at the Northern Club after the day he was found not guilty of murder.
“I was speechless, I was with my friend and thought, oh my god if that was me, I wouldn’t show my face. I’d be horribly embarrassed, put a sack over my head and hide. If Polkinghorne sat down and wanted a glass of champagne with me, I wouldn’t have wanted that,” Bartley-Burton said.
The Herald understands David McEwen, a former financial advisor, was recently blackballed. Criminal charges were filed against McEwen by the Financial Markets Authority, alleging he acted in violation of a permanent stop order. McEwen could not be reached for comment, and the Northern club declined to comment, saying club memberships and processes are private matters.
Lady Deborah Chambers KC said if Philip Polkinghorne walked into the Northern Club he would not be welcome. Photo / Michael Craig
The Northern Club began as a gentlemen’s club in 1869 and opened its doors to women in 1990. According to its website, it has more than 2000 members from the professional and business communities. The website claims admittance is not based on gender, wealth or ancestry.
Following the trial, Lady Deborah Chambers KC saidPolkinghorne’s continued membership of the Northern Club would lower its reputation.
She said if the eye surgeon walked into the club, he would not be welcome, and she would leave.
“I’m sure people would stand up and walk out if he comes in. I don’t want to have dinner with someone like him,” she said.
Carolyne Meng-Yee is an Auckland-based investigative journalist who won Best Documentary at the Voyager Media Awards in 2022. She worked for the Herald on Sunday from 2007-2011 and rejoined the Herald in 2016 after working as an award-winning current affairs producer at TVNZ’s 60 Minutes, 20/20 and Sunday.
