Take your time, Supreme Court told

By AUDREY YOUNG

The judges of the Supreme Court were urged yesterday to resist the temptation to take on too many cases.

Chief Justice Sian Elias said that when the United States Supreme Court was established, it had nothing to do for the best part of three years.

The first ceremonial hearing of New Zealand's final court took place in its temporary home, the basement floor of the High Court at Wellington, attended by present and former judges, 30 Queen's Counsel and six representatives of Te Atiawa.

Attorney-General Margaret Wilson reminded the gathering that the ministerial advisory group who recommended the court's establishment predicted it would have only 40 to 50 cases a year.

That would give the court time to delve deeper into legal issues than was often possible in lower courts.

She also implied that the closer scrutiny of each case would lift the standard of advocacy among lawyers.

Leave must be sought for an appeal to be heard in the Supreme Court and the judges have to deem the case significant.

Bar Association president Robert Dobson, QC, said there could be no complaint about the reduced workload of the judges - who have all served on the busier Court of Appeal.

He asked them to resist the urge to lower or raise the bar too much in making their decisions in granting leave to appeal.

They could control the quality of their work through caseload.

Dame Sian acknowledged the "anxieties" held about the quality of decision-making in New Zealand "and a concern that we should not be cut off from the larger legal community".

"They can only eventually be addressed by demonstration of competence in action."

Dame Sian said she took comfort from three things as the court took its first steps: that the bench comprised New Zealand's senior appellate judges; that excellent relations existed between the legal profession and the bench; and support from Margaret Wilson.

"The Attorney-General is the last of a line of attorneys-general who have tried to bring New Zealand's final court of appeal home," said Dame Sian.

"Many of us remember [former Prime Minister] Sir Geoffrey Palmer announcing confidently to the New Zealand Law Society Conference in 1987 that abolition of appeals to the Privy Council was about to happen.

"It was just as well we didn't hold our breath."