The Honourable Sir
Noel Anderson
KNZM QC
President of the Court of Appeal
In office
2004–2006
Preceded bySir Thomas Gault
Succeeded bySir William Young
Personal details
Born(1944-01-03)3 January 1944
Auckland, New Zealand
Died6 October 2021(2021-10-06) (aged 77)

Sir Noel Crossley Anderson KNZM QC (3 January 1944 – 6 October 2021) was a New Zealand judge who 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.

Career

Anderson was born in January 1944 in Auckland.[1] He graduated with an LL.B. from the University of Auckland in 1967 and was a partner in the Auckland firm Martelli, McKegg & Adams-Smith until commencing practice solely as a barrister in 1972. He 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.[2]

He was appointed a Queen's Counsel in May 1986,[3] 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 Malcolm Rewa for murder, as well sitting on the inquiries into abortion, contraception and sterilisation, and the Mt Erebus disaster.[2]

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. 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 continued to sit when needed.[4] He also served on the Investment Committee for the Tūhoe Establishment Trust, which manages Treaty of Waitangi settlements for the Ngāi Tūhoe iwi.[5]

Anderson died on 6 October 2021.[6]

Position on barristerial immunity

In Lai v Chamberlains,[7] 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 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, Glazebrook, O'Regan and McGrath disagreed.

Honours

Anderson was awarded the New Zealand 1990 Commemoration Medal.[8] In the 2004 Queen's Birthday Honours, he was appointed a Distinguished Companion of the New Zealand Order of Merit, for services to the judiciary.[9] In 2009, following the reinstatement of titular honours by the New Zealand government, Anderson accepted redesignation as a Knight Companion of the New Zealand Order of Merit.[10]

References

  1. ↑ Lambert, Max (1991). Who's Who in New Zealand, 1991 (12th ed.). Auckland: Octopus. p. 10. Retrieved 29 July 2015.
  2. 1 2 Perrott, Alan (7 June 2004). "Queen's Birthday Honours: Justice Noel Anderson". The New Zealand Herald. Retrieved 1 November 2011.
  3. ↑ "Queen's Counsel appointments since 1907 as at July 2013" (PDF). Crown Law Office. Archived from the original (PDF) on 29 March 2014. Retrieved 4 September 2013.
  4. ↑ "Judge under cloud replaced on four appeal cases". The Dominion Post. 8 June 2010. Retrieved 1 November 2011.
  5. ↑ Tūhoe Establishment Trust website
  6. ↑ "Former Supreme Court judge Sir Noel Anderson has died". Stuff.co.nz. 14 October 2021. Retrieved 15 October 2021.
  7. ↑ Lai v Chamberlains [2005] NZCA 37 (8 March 2005)
  8. ↑ Taylor, Alister; Coddington, Deborah (1994). Honoured by the Queen – New Zealand. Auckland: New Zealand Who's Who Aotearoa. p. 47. ISBN 0-908578-34-2.
  9. ↑ "Queen's Birthday honours list 2004". Department of the Prime Minister and Cabinet. 7 June 2004. Retrieved 24 March 2019.
  10. ↑ "Special honours list 1 August 2009". Department of the Prime Minister and Cabinet. 5 April 2011. Retrieved 24 March 2019.
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