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  • Kiwis shafted by fraudulent justice system, says top QC

    Attorney-General Chris Finlayson came out swinging this afternoon against senior lawyer Tony Molloy, calling on him to surrender his QC's warrant for attacking the judiciary.

    Mr Finlayson, himself a lawyer, says Dr Molloy's criticism on New Zealand's justice system on NBR ONLINE is nothing more than "a vulgar, crude and intemperate attack on our judicial system".

    A clearly outraged Mr Finlayson told NBR a debate can be properly had over matters such as specialisation and the responsiveness of the judicial system without descending to abuse.

    Mr Finlayson says he is on record as supporting some form of judicial specialisation.But he says Dr Molloy’s comments "are the sort of rubbish one would expect of a vexatious lay litigant".

    "For one of our country’s most senior Queen’s Counsel to be making this kind of attack is deplorable," he says.

    The best advice he could offer Dr Molloy is that "he should consider surrendering his warrant as a Queen’s Counsel".

    However Mr Molloy said in a Sunday Star Tmes article that NEW ZEALAND is making a hash of its legal structures, tinkering with legislation and losing its reputation as a place where the legal system can be trusted to produce authoritative and internationally respected judgements, Tony Molloy, QC, said last week.

    And that combination could torpedo any ambition John Key's government has left to promote New Zealand as an international financial services centre.
    "It is making New Zealand an international laughing stock at a time when we are aspiring to recognition as a recognised international trust and funds jurisdiction," Molloy said in a paper presented to a forensic accounting conference in Auckland.

    In his "Trust Busting" paper, Molloy cited a series of cases that he said "raise disturbing questions of systemic integrity".He complained about New Zealand's "one judge fits all" approach to law, where the legal profession fails to insist counsel should not argue cases in areas where they have no competence, and parliament fails to insist judges sit on cases only where they have acknowledged expertise.

    Parliament continues to fail to organise the High Court into divisions dealing with crime, family law, equity [trusts and fiduciary matters] and other general litigation," Molloy said.

    He compared the approach to having a gynaecologist performing brain surgery, or electrical engineers designing viaducts. That judges are allocated "like cabs off a rank", he said, is "deplorable". Molloy said counsel would be in breach of their duty of care and exposed to claims of negligence were they to litigate in areas beyond their expertise. Yet judges often sit on cases they should not.

    "What sort of madness has infected our legal system when what would be misconduct for a barrister becomes routine – and consequence-free – for a judge? It is certainly not consequence-free for the hapless litigant who gets seriously short-changed for his court filing and hearing fees."

    The government's International Funds Services Development Group found New Zealand had a "good reputation" in offshore trusts, but Molloy said the people he interacts with as a speaker and co-editor of Trusts & Trustees are "well aware of the mess the New Zealand court system is in".

    He quotes professor David McLauchlin, a contract law specialist, saying he increasingly found New Zealand cases not worth the effort of reading.
    "Decisions are reached that fail to reflect the reasonable expectations of the parties. And sometimes they simply defy common sense," McLauchlin wrote.
    He cited Canadian trust lawyer, professor Donovan Waters, QC, saying he was taken aback by one New Zealand trust case, while UK professor Peter Watts, editor of a leading international law textbook, was dismayed by arguments made to courts in leaky homes cases.

    Molloy was also critical of arguments put in Financial Markets Authority v Hotchin & Others, a recent case in which Justice Winkelmann said she was not able to follow the authority's arguments.

    Molloy said international trust business here would be hobbled until the legal profession and courts learned "to exercise the restraint and integrity of surgeons and engineers". Molloy also slammed the Law Commission for reviewing trustee law without specialist expertise.

    Parliament also got a serve for "incessant and ignorant tinkering with legislation"
    Comments 7 Comments
    1. Bill (of Rights)'s Avatar
      Bill (of Rights) -
      Typical response from Finlayson. Shoot the messenger.

      Finlayson, listen up. Molloy speaks on behalf of a very disgruntled New Zealand. Please pay attention. The reports are building up. State Services Commission report last month for example. Law Society. Sir Geoffrey Palmer in representations to the Chief Justice.

      We need the Privy Council back. Removal of that accountability at the top, has rapidly filtered down for the worse, all the way down to the District Court.

      Political correctness has a huge amount to answer for. We have reached the point that the law plays second fiddle to who the contestants are in any given legal issue. And if you are in any way public service associated, then you'll get a dream run through the Courts (police, WINZ, CYFs, tax Commissioner, Immigration, Fisheries, Road transport etc).

      Why would Finlayson want to change this? It's autocracy's dream situation. And to hell with the people who actually pay their taxes to keep the public services running. Individual's statutory rights count for nothing all of a sudden. And remember it was individuals' rights that we went to World Wars for.

      The Courts are shitting on the memories of millions who died in those Wars fighting Gerry in Europe and Charlie in the Pacific. Finlayson, my Dad and probably your Dad, put their lives on the line for the crap that your Courts and your Crown Lawyers are cruelly and criminally persecuting us with.

      And then there is your theft of our Courts filing fees and Court costs unlawfully assessed against us, in the tens of thousands of dollars.
    1. Shannon's Avatar
      Shannon -
      Wow -I am impressed by Dr Molloy and would like to shake his hand, for a man in his position to be so honest and make his opinion public is great. Typical of Finlayson to want an honest person involved in the Justice system to STAND DOWN " theres no room for honesty" next to Finlayson, Marshall and Collins!
    1. Bill (of Rights)'s Avatar
      Bill (of Rights) -
      Has anyone actually seen the Tony Molloy article in the NBR?

      What date was it? Of course, it can be seen online only by subscribers, and it ain't cheap to get access.

      I would like to buy a back issue of the relevant NBR print edition.
      Can anyone help. Also, I don't know, but it may be in my library.
    1. Bill (of Rights)'s Avatar
      Bill (of Rights) -
      If this website does not yet have a patron saint, may I nominate the very excellent "Tony Molloy QC".
    1. Bill (of Rights)'s Avatar
      Bill (of Rights) -
      on the other hand, the Finlayson response is free online, here
    1. fakeperson's Avatar
      fakeperson -
      Quote Originally Posted by Bill (of Rights) View Post
      If this website does not yet have a patron saint, may I nominate the very excellent "Tony Molloy QC".
      I will have to second that proposal and suggest that the man deserves a Knighthood for his services to Queen & country rather than the lame call to hand in his warrant fom the effete fop that holds the office of Attorney-General of New Zealand.

      If Chris Finlayson had the balls to back his criticism of "Sir Tony" he would have had him charged with "scandalising the court," but I believe most New Zealanders are sick and tired of the substandard performance of the judiciary that get appointed via political whim rather than legal acumen.
    1. beefhooked's Avatar
      beefhooked -
      Try Wikipedia which has a section on Queens Counsel
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