Sian Elias
Encyclopedia
Dame Sian Seerpoohi Elias, GNZM
, PC
, QC
(born 13 March 1949) is the Chief Justice of New Zealand
, and is therefore the most senior member of the country's judiciary
. She is the presiding judge of the Supreme Court of New Zealand
. As Chief Justice, she also acts as the Administrator of the Government
(acting Governor-General
) when the position of Governor-General is vacant or if the Governor-General is overseas. Elias has held the position of Administrator of the Government from 22 March 2001 until 4 April 2001, between the terms of Sir Michael Hardie Boys and Dame Silvia Cartwright, and again from 4 August 2006 until 23 August 2006 between Cartwright's term and that of the Sir Anand Satyanand
.
in the United Kingdom
of an Armenia
n father and a Welsh
mother (hence her Welsh forename and surname), Elias attended Diocesan School for Girls
in Auckland. She completed a law degree from the University of Auckland
in 1970, and then undertook further study at Stanford University
. She took up employment with an Auckland law firm in 1972, beginning her career as a barrister
three years later. She also served as a member of the Motor Sports Licensing Appeal Authority and of the Working Party on the Environment. She served as a Law Commissioner from 1984 to 1988. Elias is also known for her work in relation to various Treaty
-related cases. In 1990, she was awarded a New Zealand 1990 Commemoration Medal
in recognition of her services.
In 1988 she and Lowell Goddard were made the first women Queen's Counsel
in New Zealand.
Elias is married to Hugh Fletcher
, former CEO of Fletcher Challenge
and a former Chancellor of the University of Auckland.
in 1995, and occasionally sat on the Court of Appeal.
as the final court of appeal in New Zealand), it was decided that Elias, as Chief Justice would automatically be appointed to the new body. The Supreme Court commenced sitting in the middle of 2004.
Elias recused for a civil appeal brought by Lisa Cropp. Cropp races horses owned by the Chief Justice and her husband. The appeal concerned the legality of the procedure that resulted in a positive test for methamphetamine and loss of standing to practice as a jockey. Supreme Court (Blanchard, Tipping, McGrath, Anderson and Gault JJ) dismissed the appeal.
In July 2009 Elias caused controversy with her speech for the annual Shirley Smith address to the Wellington District Law Society, arguing against what she described as the "punitive and knee-jerk" attitude towards the criminal justice system. In response, Minister of Justice Simon Power
said that it is up to the Government to set sentencing policy and judges to apply it. Sensible Sentencing Trust
's Garth McVicar stated Elias should resign because of her stance but academics and lawyers lent support to the points raised in her speech.
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New Zealand Order of Merit
The New Zealand Order of Merit is an order established in 1996 "for those persons who in any field of endeavour, have rendered meritorious service to the Crown and nation or who have become distinguished by their eminence, talents, contributions or other merits."The order includes five...
, PC
Privy council
A privy council is a body that advises the head of state of a nation, typically, but not always, in the context of a monarchic government. The word "privy" means "private" or "secret"; thus, a privy council was originally a committee of the monarch's closest advisors to give confidential advice on...
, QC
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...
(born 13 March 1949) is the Chief Justice of New Zealand
Chief Justice of New Zealand
The Chief Justice of New Zealand is the head of the New Zealand judiciary, and presides over the Supreme Court of New Zealand. Before the establishment of the latter court in 2004 the Chief Justice was the presiding judge in the High Court of New Zealand and was also ex officio a member of the...
, and is therefore the most senior member of the country's judiciary
Judiciary
The judiciary is the system of courts that interprets and applies the law in the name of the state. The judiciary also provides a mechanism for the resolution of disputes...
. She is the presiding judge of the Supreme Court of New Zealand
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...
. As Chief Justice, she also acts as the Administrator of the 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...
(acting 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....
) when the position of Governor-General is vacant or if the Governor-General is overseas. Elias has held the position of Administrator of the Government from 22 March 2001 until 4 April 2001, between the terms of Sir Michael Hardie Boys and Dame Silvia Cartwright, and again from 4 August 2006 until 23 August 2006 between Cartwright's term and that of the Sir Anand Satyanand
Anand Satyanand
Sir Anand Satyanand, GNZM, QSO, KStJ was the 19th Governor-General of New Zealand. He previously worked as a lawyer, judge and ombudsman.-Early life and family:...
.
Early life and family
Born in LondonLondon
London is the capital city of :England and the :United Kingdom, the largest metropolitan area in the United Kingdom, and the largest urban zone in the European Union by most measures. Located on the River Thames, London has been a major settlement for two millennia, its history going back to its...
in the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
of an Armenia
Armenia
Armenia , officially the Republic of Armenia , is a landlocked mountainous country in the Caucasus region of Eurasia...
n father and a Welsh
Welsh people
The Welsh people are an ethnic group and nation associated with Wales and the Welsh language.John Davies argues that the origin of the "Welsh nation" can be traced to the late 4th and early 5th centuries, following the Roman departure from Britain, although Brythonic Celtic languages seem to have...
mother (hence her Welsh forename and surname), Elias attended Diocesan School for Girls
Diocesan School for Girls (Auckland)
Diocesan School for Girls is a private girls' school in Epsom, Auckland, New Zealand. It is consistently a top-achieving school nationally. The school is Anglican-based and was established in 1903. It caters to international students and has accommodation for 35 boarders at Innes House...
in Auckland. She completed a law degree from the University of Auckland
University 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 1970, and then undertook further study at Stanford University
Stanford University
The Leland Stanford Junior University, commonly referred to as Stanford University or Stanford, is a private research university on an campus located near Palo Alto, California. It is situated in the northwestern Santa Clara Valley on the San Francisco Peninsula, approximately northwest of San...
. She took up employment with an Auckland law firm in 1972, beginning her career 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...
three years later. She also served as a member of the Motor Sports Licensing Appeal Authority and of the Working Party on the Environment. She served as a Law Commissioner from 1984 to 1988. Elias is also known for her work in relation to various Treaty
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....
-related cases. In 1990, she was awarded a New Zealand 1990 Commemoration Medal
New Zealand 1990 Commemoration Medal
The New Zealand 1990 Commemorative Medal was instituted by the Queen by Royal Warrant on 9 February 1990. It was to be awarded only during 1990 to about 3,000 people selected in recognition of the contribution they have made to some aspect of New Zealand life, especially the various 1990 celebrations...
in recognition of her services.
In 1988 she and Lowell Goddard were made the first women Queen's Counsel
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...
in New Zealand.
Elias is married to Hugh Fletcher
Hugh Fletcher
Hugh Fletcher is a New Zealand businessman and former Chancellor of the University of Auckland.-Early life:Hugh was the second son born to Sir James Fletcher and Vaughan, Lady Fletcher....
, former CEO of Fletcher Challenge
Fletcher Challenge
Fletcher Challenge is a now defunct multinational corporation from New Zealand, formed in 1981 by the merger of Fletcher Holdings, Challenge Corporation and Tasman Pulp and Paper...
and a former Chancellor of the University of Auckland.
Justice of the High Court of New Zealand
Elias became a judge of the High CourtHigh 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 1995, and occasionally sat on the Court of Appeal.
Chief Justice of New Zealand
On 17 May 1999, she was sworn in as Chief Justice of New Zealand, the first woman to hold that position in New Zealand. When the government announced plans for the establishment of a Supreme Court (replacing the Judicial Committee of the Privy CouncilJudicial 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...
as the final court of appeal in New Zealand), it was decided that Elias, as Chief Justice would automatically be appointed to the new body. The Supreme Court commenced sitting in the middle of 2004.
Elias recused for a civil appeal brought by Lisa Cropp. Cropp races horses owned by the Chief Justice and her husband. The appeal concerned the legality of the procedure that resulted in a positive test for methamphetamine and loss of standing to practice as a jockey. Supreme Court (Blanchard, Tipping, McGrath, Anderson and Gault JJ) dismissed the appeal.
In July 2009 Elias caused controversy with her speech for the annual Shirley Smith address to the Wellington District Law Society, arguing against what she described as the "punitive and knee-jerk" attitude towards the criminal justice system. In response, Minister of Justice Simon Power
Simon Power
Simon James Power is a New Zealand politician. He is a prominent member of the National Party and a cabinet minister. He currently holds the posts of Minister of Justice, Minister for State Owned Enterprises, Minister of Commerce, Minister Responsible for the Law Commission andAssociate Minister...
said that it is up to the Government to set sentencing policy and judges to apply it. Sensible Sentencing Trust
Sensible Sentencing Trust
The Sensible Sentencing Trust, a lobby group based in Napier in New Zealand, promotes harsher court sentences as a means of reducing crime.The Trust states its vision as "A Safe New Zealand" and its mission as "o obtain a large base of community support, and ensure safety for all New Zealanders...
's Garth McVicar stated Elias should resign because of her stance but academics and lawyers lent support to the points raised in her speech.
External links
- Courts of New Zealand - The Current Chief Justice
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