Noel Anderson
Encyclopedia
Sir Noel Crossley Anderson, KNZM, QC
was President of the Court of Appeal
of New Zealand
from 2004 to 2006, before being elevated to the Supreme Court
. He left office in 2008.
in 1967 and was a partner in the Auckland
firm Martelli, McKegg & Adams-Smith until commencing practice solely as a barrister
in 1972. Had his first case the same day he was admitted to the bar in 1967 against John Henry
, future Court of Appeal judge and Privy Councillor
.
He was appointed a Queen's Counsel in May 1986, to the High Court
in May 1987 and presided for four years in Hamilton
before becoming a resident judge in Auckland for 10 years. Justice Anderson presided over hundreds of cases, including the third Plumley-Walker murder trial, the trial of murderer Malcolm Rewa, as well sitting on the inquiries into abortion, contraception and sterilisation, and the Mt Erebus disaster.
Justice Anderson became senior judge in Auckland in 1997 before being appointed executive judge in August 2000. In a survey done on the assignment of cases to judges between January 1999 and July 2001 in the High Court, Justice Anderson was one of the judges who heard the predominant number of Bill of Rights cases. In June 2004, he was awarded the DCNZM (Distinguished Companion of the New Zealand Order of Merit) for services to the Judiciary. Justice Anderson was appointed to the Court of Appeal in 2001 and the Supreme Court in February 2006. He also acted as the Administrator of the New Zealand Government
during Governor-General
Dame Silvia Cartwright
's absence from the country in May 2005.
Although Anderson retired as a Supreme Court Justice in 2008, he continues to sit when needed. He also serves on the Investment Committee for the Tūhoe Establishment Trust, which manages Treaty of Waitangi
settlements for the Ngāi Tūhoe iwi
.
, as lawyers owe their primary obligation to the Court and it was argued this may at times conflict with the lawyers obligation to their clients. Justices Hammond
, Glazebrook
, O'Regan and McGrath
disagreed.
Queen's Counsel
Queen's Counsel , known as King's Counsel during the reign of a male sovereign, are lawyers appointed by letters patent to be one of Her [or His] Majesty's Counsel learned in the law...
was President of the Court of Appeal
Court of Appeal of New Zealand
The Court of Appeal of New Zealand, located in Wellington, is New Zealand’s principal intermediate appellate court. In practice, most appeals are resolved at this intermediate appellate level, rather than in the Supreme Court...
of New Zealand
New Zealand
New Zealand is an island country in the south-western Pacific Ocean comprising two main landmasses and numerous smaller islands. The country is situated some east of Australia across the Tasman Sea, and roughly south of the Pacific island nations of New Caledonia, Fiji, and Tonga...
from 2004 to 2006, before being elevated to the Supreme Court
Supreme Court of New Zealand
The Supreme Court of New Zealand is the highest court and the court of last resort in New Zealand, having formally come into existence on 1 January 2004. The court sat for the first time on 1 July 2004. It replaced the right of appeal to the Judicial Committee of the Privy Council, based in London...
. He left office in 2008.
Career
Anderson graduated with a LLB from the University of AucklandUniversity of Auckland
The University of Auckland is a university located in Auckland, New Zealand. It is the largest university in the country and the highest ranked in the 2011 QS World University Rankings, having been ranked worldwide...
in 1967 and was a partner in the Auckland
Auckland
The Auckland metropolitan area , in the North Island of New Zealand, is the largest and most populous urban area in the country with residents, percent of the country's population. Auckland also has the largest Polynesian population of any city in the world...
firm Martelli, McKegg & Adams-Smith until commencing practice solely as a barrister
Barrister
A barrister is a member of one of the two classes of lawyer found in many common law jurisdictions with split legal professions. Barristers specialise in courtroom advocacy, drafting legal pleadings and giving expert legal opinions...
in 1972. Had his first case the same day he was admitted to the bar in 1967 against John Henry
John Henry (New Zealand Justice)
Sir John Steele Henry, KNZM, QC, is a New Zealand jurist and former Court of Appeal judge, and member of the well-known Henry Family.The son of former High Court judge, the Hon...
, future Court of Appeal judge and Privy Councillor
Judicial Committee of the Privy Council
The Judicial Committee of the Privy Council is one of the highest courts in the United Kingdom. Established by the Judicial Committee Act 1833 to hear appeals formerly heard by the King in Council The Judicial Committee of the Privy Council (JCPC) is one of the highest courts in the United...
.
He was appointed a Queen's Counsel in May 1986, to the High Court
High Court of New Zealand
The High Court of New Zealand is a superior court of New Zealand. It was established in 1841 and known as the Supreme Court of New Zealand until 1980....
in May 1987 and presided for four years in Hamilton
Hamilton, New Zealand
Hamilton is the centre of New Zealand's fourth largest urban area, and Hamilton City is the country's fourth largest territorial authority. Hamilton is in the Waikato Region of the North Island, approximately south of Auckland...
before becoming a resident judge in Auckland for 10 years. Justice Anderson presided over hundreds of cases, including the third Plumley-Walker murder trial, the trial of murderer Malcolm Rewa, as well sitting on the inquiries into abortion, contraception and sterilisation, and the Mt Erebus disaster.
Justice Anderson became senior judge in Auckland in 1997 before being appointed executive judge in August 2000. In a survey done on the assignment of cases to judges between January 1999 and July 2001 in the High Court, Justice Anderson was one of the judges who heard the predominant number of Bill of Rights cases. In June 2004, he was awarded the DCNZM (Distinguished Companion of the New Zealand Order of Merit) for services to the Judiciary. Justice Anderson was appointed to the Court of Appeal in 2001 and the Supreme Court in February 2006. He also acted as the Administrator of the New Zealand Government
Administrator of the Government
An Administrator in the constitutional practice of some countries in the Commonwealth is a person who fulfils a role similar to that of a Governor or a Governor-General...
during Governor-General
Governor-General of New Zealand
The Governor-General of New Zealand is the representative of the monarch of New Zealand . The Governor-General acts as the Queen's vice-regal representative in New Zealand and is often viewed as the de facto head of state....
Dame Silvia Cartwright
Silvia Cartwright
Dame Silvia Rose Cartwright, PCNZM, DBE, QSO, DStJ was the 18th Governor-General of New Zealand.She is a graduate of the University of Otago, where she gained her LL.B degree in 1967, and a former student at Otago Girls' High School.- Public life and family :In 1989, she became the first female...
's absence from the country in May 2005.
Although Anderson retired as a Supreme Court Justice in 2008, he continues to sit when needed. He also serves on the Investment Committee for the Tūhoe Establishment Trust, which manages Treaty of Waitangi
Treaty of Waitangi
The Treaty of Waitangi is a treaty first signed on 6 February 1840 by representatives of the British Crown and various Māori chiefs from the North Island of New Zealand....
settlements for the Ngāi Tūhoe iwi
Iwi
In New Zealand society, iwi form the largest everyday social units in Māori culture. The word iwi means "'peoples' or 'nations'. In "the work of European writers which treat iwi and hapū as parts of a hierarchical structure", it has been used to mean "tribe" , or confederation of tribes,...
.
Position on Barristerial Immunity
In Lai v Chamberlains, Justice Anderson delivered a lone dissenting judgement for retention of barristerial immunity on a five-judge Appeal Court panel. Anderson claimed keeping lawyers immune from accountability to their clients was necessary for the proper administration of justiceJustice
Justice is a concept of moral rightness based on ethics, rationality, law, natural law, religion, or equity, along with the punishment of the breach of said ethics; justice is the act of being just and/or fair.-Concept of justice:...
, as lawyers owe their primary obligation to the Court and it was argued this may at times conflict with the lawyers obligation to their clients. Justices Hammond
Grant Hammond
Sir Robert "Grant" Hammond, KNZM, is a judge of the New Zealand Court of Appeal and from 1 December 2010, the President of the New Zealand Law Commission.- Education :...
, Glazebrook
Susan Glazebrook
Susan Glazebrook is a judge of the Court of Appeal of New Zealand.Justice Glazebrook has an MA , an LLB and a DipBus from the University of Auckland and a DPhil from the University of Oxford in French legal history...
, O'Regan and McGrath
John McGrath (judge)
Sir John Joseph McGrath, KNZM, QC is a Judge of the Supreme Court of New Zealand. He was formerly the Solicitor-General of New Zealand for eleven years from 1989, before being made a judge of the Court of Appeal of New Zealand in 2000. He was elevated to the Supreme Court in 2005.-Career:Justice...
disagreed.