New Zealand Lawyers Need To Pick A Side - Rights And Freedoms Or ?

 Dame Jenny Gibbs is a fabulous New Zealander. One of my favourite New Zealanders.

She is as mad as a hatter but the glorious thing is that she has, with her ex husband,  been a benevolent sponsor of the political party I love in ACT.

She then goes and does mind bending stuff like hanging out with gang members deeply confusing company.  She then buys art that I wouldn’t want in my toilet -  that’s worth a fortune.  I bet she would make a zillion currently in the pet rock trading that is NFT's.

All of that only adds to the rich tapestry of life. She’s the embodiment of “eccentric”. And I admire her for that. 

Every great New Zealander is underneath a wee bit mad.  Jenny and Alan are all  that.

Level 4 in Auckland is a nonsense. It continues to be a nonsense. Level 3 is a nonsense.

Everyone knows that.  That is why Siouxsie Wiles decided to sit with her mate on a beach.

Jenny is a smart lady and knows the rules and knows how to game them. 

When Covid is over I hope the judiciary, actually I hope politicians have a moment of unmadness and quash the convictions of every New Zealander who has fallen foul.

One of them.

From the most feral gang member right up to a rich lister.


Quash the lot. Start again.

This week our prim and proper former waitress of a Law Society President has made comment before one complaint has been laid, against a very very junior barrister who has been hung out to dry by a cough more senior judiciary. 

"If any lawyer was proved to have misused this letter, not only would that be considered a disciplinary matter but they will have let the entire legal profession down."


Epati did not know of any other instance in which a lawyer had misused a document to breach the lockdown border.

She said because the pair had admitted wrongdoing, the Law Society would look into it.


Just on the basis of that we would have to have a look at it and that's because under the rules just bringing the reputation of the legal profession into disrepute requires looking into."

And hung she has been.  She is 26 years old.  A total kid. There is the Law Society President's comment.  Before the process has even commenced.  Epati is only a couple of years younger than I am. However she likes to frame herself as an outsider,  she has a parent who is a senior lawyer so is, like it or not, part of the establishment.  Unlike Epati I do not and I have extreme discomfort in hanging Hannah out to dry. Every lawyer who knows the background right now should be squishing their legs together.

That in itself is an utter disgrace.  Hanging a kid out on the clothesline for the future mother in law and her mates and their holiday home?

Barristers have had allegations of drug abuse, shagging clients and juniors, trust fund misuses and drunk driving misdemeanours.  

Not one comment from a President at the time. None. Nada. But you know? Covid. Team of 5 million.  Let us hang the 26 year old kid out for the future mother in law and friends and your position?

The Law Society President shouldn’t be commenting on anything before it’s gone to committee. Ever. There’s a process.

Actually there have been no charges even laid yet by the authorities before she made this comment!

Meanwhile, the couple have returned to Auckland, and police have not laid any charges.

I have gone through this process with a little help from older friends at the time, and came out the other side of it from a ginger tosser who complained, as a winner.  

I don’t care if you’re a gang member, a very junior barrister in Pukekohe or a rich lister's wife.

Every single conviction of every New Zealander regardless of their race, class, wealth and status at the end of this needs to be wiped. Deleted. Gone. Forgotten.

We know gang members are breaking the silly levels. 
Every day. 
They shouldn’t be convicted. 

I wouldn’t say they need to be celebrated but that’s the problem with “Delta”. Everyone needs to be perfect and perfect humans ain’t. 

These are shit times. There is no zero covid. 

New Zealand has ridiculous laws that no other country is matching. The world has moved on.  We are all looking on outside the borders in horror.

In a country that has a rule of law where the law has been disregarded and the Bill of Rights trashed into the bin.

Sir Geoffrey Palmer is silent.  Disgustingly so. 

You normally can’t shut Guffy up when his Bill of Rights is trampled over.  

Well currently New Zealand doesn’t actually have a Bill of Rights. 

He should be on every media available stamping his feet about it saying how outrageous this is.  Surely when the heat is on, this is the moment for his legislation to come to the forefront? 

Clearly not.

Start with the simple fact s18(2) means I cannot even return to New Zealand and nor can any other New Zealander currently get on a plane without an MIQ voucher that no one can get.  We therefore have no right at all to enter New Zealand.

18Freedom of movement
(1)Everyone lawfully in New Zealand has the right to freedom of movement and residence in New Zealand.
(2)Every New Zealand citizen has the right to enter New Zealand.
(3)Everyone has the right to leave New Zealand.
(4)No one who is not a New Zealand citizen and who is lawfully in New Zealand shall be required to leave New Zealand except under a decision taken on grounds prescribed by law.

The judiciary is silent.  Human rights lawyers are silent. 

I won’t be. 

There is no asterisk next to the Bill of Rights as taught. 

It was not what I was taught at Auckland University in the Rights and Freedoms class by Scott Optican. I did not sign up to this when I was admitted as a Barrister and Solicitor of the High Court. It actually wasn’t what I was taught by left wing extremist Jane Kelsey all those years ago in Legal System.  You cannot tell me Jane that currently there is not a terse tense up every time these rights are trampled on?

Quash every conviction of every New Zealander based on "covid" times. Regardless of who they are, their class, race or wealth. 

That’s the only comment we should have from the judiciary and the Law Society. That is all I wish to hear from both groups. Tiana Epati as Law Society President should be making grand comments about how disgusting it is that the Bill of Rights currently doesn't apply.  So should Dame Helen Winkelmann.  We can run through the sections outside s18 to s9, 10,11,13,14,16,17,19 and 22 as this will be the moment in New Zealand's history that the Bill of Rights actually failed completely and never should be looked at again in the same way as the judiciary let this happen.

It is now an impotent piece of legislation that can never be respected again as it once was.
The Bill of Rights in New Zealand was drafted romantically I am sure for left wing activists to apply against right wing abuses of power suppressing the downtrodden.

The world has moved on from being terrified of Covid.

New Zealand has to.

Enough is enough. 


  1. The "essential worker" kids escaping for a weekends snowboarding haven't been the subject of front page vitriol, the vilification, that this couple have. There's a toxic attitude, by people that should know better, towards the young lawyer girl and her boyfriend with them being presented as avatars of the arrogant "I'm above the law" rich. I doubt that a very junior lawyer and a horse trainer are on any better than average wage but let's not let facts get in the way of a good old lefty beat-up.
    Chris Trotter:
    "The upper class absconders from Auckland’s Level 4 Lockdown have done the rest of New Zealand a favour. They have exposed, in the most dramatic terms, the true extent of the social gulf separating the wealthiest New Zealanders from the poorest."........

    "What has registered with ordinary people, however, is that the importance of following “The Rules” depends entirely on one’s position in the social hierarchy. Rule-following is crucial to the management of the wayward masses, but, for the people in whom the system reposes its greatest trust, playing by the rules is, clearly, optional."

    1. People across ever "class" of society are breaking these rules now. They have had enough.

  2. Thanks for being here again.

  3. Welcome Back Cactus, you were sorely missed.

  4. Be interested to understand from Epati how she correlates this statement "under the rules just bringing the reputation of the legal profession into disrepute requires looking into." with the utter deafening silence from her Society about the Moana case which was before Judge Peter Callinicos. This from Damien Grant's column in Stuff (although you have to search the site for it...certainly wasn't under the editor's pick section..."
    "When the case started going badly the chief executive, then Sir Wira Gardiner, was so concerned at the way it was progressing he reached out to the judges in charge of both the District and Family courts to register his displeasure.
    There is another column in the blatant attempt to subvert judicial independence, and Judge Peter Callinicos deserves an Order of New Zealand for standing his ground and speaking out. But for this column, it is enough to highlight that the Ministry’s first reaction to discovering its employee’s behaviour wasn’t to address the problem but to hobble the judiciary."

    1. New Zealand Law Society president Tiana Epati said the society was not aware of the facts of the case beyond what had been reported by Stuff.

      “The Law Society was not involved in any way, and we would be speculating as to whether this is, in fact, a situation which raises a rule of law issue of public importance. As such, we will not be commenting on what has occurred to any party,” Epati said.

      Indeed.....stays out to it.

  5. Also take a look at the Immigration Act 2009, s 13(1) and especially the last two words of s13 (4)(a)!

    1. Oh but Sean you know - Covid, team of 5m, stay home save lives.

    2. What is the legal basis for the voucher system? Is there any at all or are they just relying on the airlines to refuse boarding? I assume if I as a NZ citizen managed to set foot on NZ soil by somehow fooling my way on to a flight, or a boat, they could do nothing other than send me to quarantine?

    3. There probably remains very little now vaccine in widely available in NZ and the "vulnerable" classes are by in large all shot up. Problem is you need a brave very senior barrister or QC who is going to get hate from the Lockdown Loons and Karens, to contest this legally and alas we have none so far.

      While there may be a reasonable justification for s18(2) to be initially overruled by a public health order, a) this cannot be an indefinite state and b) there appears if you are vaccinated already and tested how many times prior and on arrival.....very little else you can do to prevent catching and carrying the virus. The actual numbers of people bringing it in per MIQ guest are minute

      Let us hope a pissed off QC who wants their kids home for Xmas or to vacation in the South of France themselves, steps forward.

  6. Such a relief to have you back. Ignore the haters, especially the nasty ones. They are intimidated by you and clearly you get under their skin and you can see through the facade and they don't like it.


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