Answers to the second back to work quiz, or, “technically, I’m not sure that counts”

You can scroll down for the answers, or you can read the post with just the questions here.

Please address all complaints about the answers to:*

Dame Helen Winkelmann
Supreme Court of New Zealand
85 Lambton Quay, Wellington
DX SX11224

 

 

 

 

 

 

 

 

 

 

 

 

 

When did the Court of Appeal hear an application for judicial review sitting at first instance (and why)?  (I’m sure there were many but at least two “famous” cases were.)

The two I’ve got are CREEDNZ Inc v Governor-General [1981] 1 NZLR 172 (CA):

CREEDNZ.PNG

And Re Erebus Royal Commission; Air New Zealand Ltd v Mahon (multiple citations but see below from [1981] 1 NZLR 614 (CA)):

Erebus.PNG

Please note the excellent sentence: “The cumbrousness needs no stressing.”

 

Name:

  • a Chief Justice of New Zealand that was an Attorney-General; and
  • a Chief Justice of New Zealand that was a General attorney.

Both Prendergast CJ and Stout CJ were Attorneys-General (no points for guessing Stout CJ since he seems to have performed literally every governmental and judicial role over the course of his life).  And Barrowclough CJ was a Major-General during World War 2.

 

What word connects:

  • Heydon of “on Contract” fame, and a recent Master of the Rolls?  Dyson: Dyson Heydon and Lord Dyson
  • A legal positivist and a legal publisher?  Hart: HLA Hart and Hart Publishing
  • A President of the UK Supreme Court and The History of the Pleas of the Crown?  Hale: Lady Hale PSC and Sir Matthew Hale
  • A William of old constitutional significance and a Joanna of recent constitutional significance?  Fruit: William of Orange and Joanna Cherry

 

How many current justices of the United States Supreme Court share surnames with current judges of the District Court of New Zealand?  Two, I think.  Judge Roberts and Judge Thomas.

 

What is a DINLI?

Disallowable instruments, not legislative instruments.  Though get in quick, they’re an endangered species.  See [4.3.4] of the NZ Law Style Guide for more information.  

 

Who or what are Ollivier, Bell and Fitzgerald?

Early NZ law reporters.  You can read the report series on NZLII here.  

 

Which senior court judge has been decorated for their efficiency?

Brewer J has an Efficiency Decoration.

 

Which senior court judge gets called the most names?

Bit of a reach this one, but William Young J’s full name is William Gillow Gibbes Austen Young, which is the most names of any senior court judge.  

 

Name as many New Zealand case names you can with colours in the title (one point per colour).  It’s not enough to say “I bet there is a High Court appeal called ‘White v Police'”; you need to know it.

Some low-hanging fruit from recent and/or leading cases might include: Red Eagle Corporation v Ellis; Blue Reach Services v Spark; Black v Taylor; Corporation; Brown v NZ Basing Ltd; Crimson Consulting Ltd v Berry, but I’m sure you can get more.  

 

Judges of the High Court of Niue are drawn from which New Zealand bench?

Māori Land Court

 

There are two taonga on display in front of the bench of the Supreme Court of New Zealand.  The first is a waka huia.  The second is a silver inkwell that belonged to which monarch?

Queen Anne

 

Who was the first New Zealand judge appointed to the Privy Council?

Sir Joshua Strange Williams

 

How many editions of Todd on Torts have there been?

One, if you accept the premise of the trick question.  It has only been called Todd on Torts officially in the latest edition.  Before that it was The Law of Torts in New Zealand.  If you don’t accept the premise, there have been eight editions.  

 

According to Lord Denning:

  • Who offered the reproof valiant?  Not Harry Hook, it was the security officer  remonstrating with Mr Hook who gave the reproof valiant.  Mr Hook gave the countercheck quarrelsome.  
  • Where was it bluebell time?  Kent
  • On what street can you swear at a machine to no effect?  Shoe Lane
  • What was his bestseller?  His report into the Profumo Affair
  • What is like an incoming tide that flows into the estuaries and up the rivers, and cannot be held back?  The Treaty of Rome

 

In how many third-strike sentencing cases have New Zealand courts made an order that the sentence be served without parole?

Two, I think: R v Waitokia [2018] NZHC 2146 and R v Winitana [2019] NZHC 3229, but related see R v Williams [2019] NZHC 2382 where the order would have been made but the sentence was preventive detention and the MPI was the 14 year maximum.  

 

Which judge decided Fitzgerald v Muldoon on 19 May 1976?

Not Wild CJ, because this isn’t *that* Fitzgerald v Muldoon decision.  This one was decided by Beattie J.

 

Which judge is this?

Quiz1

Ellen France J

 

 

Why must the Crown Law Office deal with cases relating to shirts and trousers?

It’s a CLO-thing

 

 

 

*Please don’t really send anything to the CJ.  I’ll get in trouble…

The second Strictly Obiter quiz for the recently-returned-to-work

Harrumph – I am back at work on 6 January.  You can see last year’s (better) quiz here, and its answers here.  The new (worse) quiz is below.  The answers will appear in a separate post in a week or so, after which several of you ingrates will point out things I have got wrong.

 

When did the Court of Appeal hear an application for judicial review sitting at first instance (and why)?  (I’m sure there were many but at least two “famous” cases were.)

 

Name:

  • a Chief Justice of New Zealand that was an Attorney-General; and
  • a Chief Justice of New Zealand that was a General attorney.

 

What word connects:

  • Heydon of “on Contract” fame, and a recent Master of the Rolls?
  • A legal positivist and a legal publisher?
  • A President of the UK Supreme Court and The History of the Pleas of the Crown?
  • A William of old constitutional significance and a Joanna of recent constitutional significance?

 

How many current justices of the United States Supreme Court share surnames with current judges of the District Court of New Zealand?

 

What is a DINLI?

 

Who or what are Ollivier, Bell and Fitzgerald?

 

Which senior court judge has been decorated for their efficiency?

 

Which senior court judge gets called the most names?

 

Name as many New Zealand case names you can with colours in the title (one point per colour).  It’s not enough to say “I bet there is a High Court appeal called ‘White v Police'”; you need to know it.

 

Judges of the High Court of Niue are drawn from which New Zealand bench?

 

There are two taonga on display in front of the bench of the Supreme Court of New Zealand.  The first is a waka huia.  The second is a silver inkwell that belonged to which monarch?

 

Who was the first New Zealand judge appointed to the Privy Council?

 

How many editions of Todd on Torts have there been?

 

According to Lord Denning:

  • Who offered the reproof valiant?
  • Where was it bluebell time?
  • On what street can you swear at a machine to no effect?
  • What was his bestseller?
  • What is like an incoming tide that flows into the estuaries and up the rivers, and cannot be held back?

 

In how many third-strike sentencing cases have New Zealand courts made an order that the sentence be served without parole?

 

Which judge decided Fitzgerald v Muldoon on 19 May 1976?

 

Which judge is this?

Quiz1

 

 

Why must the Crown Law Office deal with cases relating to shirts and trousers?

 

A short history of the seal of the High Court of New Zealand

Section 8 of the Senior Courts Act 2016 provides:

8 Seal

(1) The High Court must have a seal, and the Registrar of the court is responsible for the seal.

(2) The seal must be used for sealing judgments, orders, certificates, and any other document issued by the court that must be sealed.

This is not a new provision.  Section 50(1) of the Judicature Act 1908 stated “the court shall have in the custody of each Registrar a seal of the court, for the sealing of all writs and other instruments or documents issued by such Registrar and requiring to be sealed”.  Still earlier equivalents include s 37 of the Supreme Court Act 1882 and s 11 of the Supreme Court Act 1860.

And yet, despite this being perhaps one of the most interesting sections in the statute books today, very little has been written about it.  My researches have revealed no academic articles in the New Zealand legal literature about the seals of the High Court, which is simply baffling to me.

Modern-day requirements for seals can be traced to early Norman legal practices in England.  When formal judgments were drawn up, they would be endorsed with a stamp placed into melted wax.  The wax was traditionally melted over a small lamp fueled by  oil, distilled from the blubber of seals.  Thus, a decision was said to be “sealed”, and was thereafter to take legal effect.  In the early 19th century, English decisions were sealed using seal oil obtained from New Zealand shores (although Canada and South Georgia were also significant sources of seal oil).

In today’s more enlightened times, the sealing of a judgment no longer calls for seal oil, and the seal’s role is decidedly less lethal. Pursuant to the legislation, the High Court keeps on hand an official seal, in a special temperature-controlled water tank and enclosure in the Court’s basement.  Until 1992, the seal was kept in the High Court at Wellington.  From 1992 it has been housed in Auckland due to the greater number of cases heard there.

Under modern-day practice approved by the SPCA, the court registrar lures the seal onto a large inkpad with a trail of kahawai.  Once the seal is properly inked up, it is lifted by a team of court staff and then pressed gently onto decisions.  The resulting ink-stamp on the judgment constitutes “sealing” in its modern form.

Seal of the High Court.png
Preparing to seal a judgment (Source: Ministry of Justice)

 

The present seal of the High Court is a Southern elephant seal called Morrie.  Before his appointment in 2011 he resided on the shores of Campbell Island, and within New Zealand territorial waters.

elephant-seal-1920-3
Morrie, pictured in his tank in the basement of the High Court at Auckland

Although the seal of the High Court has been a role that has not typically attracted attention, seals over the decades have featured in important moments in New Zealand legal history.  The first seal of the then-Supreme Court – a New Zealand sea lion called Anton – sat en banco with Chief Justice Sir William Martin in 1842 when complex matters required a full bench.

When an early seal of the High Court – Felipo – retired in 1913, Chief Justice Sir Robert Stout shot it and had him turned into a set of judicial robes.  The robes have since been worn by every Chief Justice at their swearing-in.

In 1983, the then-seal of the High Court – a New Zealand fur seal called Keith – died unexpectedly in office, and the then-Department of Courts was unable to arrange a replacement until December of that year.  The resulting dearth of official civil judgments from that year can still be seen today in that there is only a single volume of New Zealand Law Reports that year.

Although s 8(2) of the Senior Courts Act 2016 bestows responsibility for the seal on the Registrar of the Court, the judges also take an active role.  The Chief High Court Judge is responsible for maintaining a roster of judges to feed the seal on weekends.  During Court breaks at Easter and Christmas/New Year, judges with coastal baches regularly take the seal for holidays.

The seal of the High Court has also attracted criticism.  Of the 22 seals of the High Court (and former Supreme Court) there has never been a female seal appointed, despite several extremely well-qualified candidates.  In addition, animal rights activists assert that, with increasing case numbers, Morrie is becoming overworked.  They seek a legislative amendment permitting the appointment of up to two part-time deputy seals in order to reduce the workload on the full-time permanent seal.

Plainly, this short overview cannot replace serious academic study of this topic.  My current application for Borrin Foundation funding would see me undertake an interdisciplinary study of the work of the seals of the High Court, as well as record interviews with the two former seals of the High Court that remain alive today (Truman and Buzz).  Any and all writing on this under-considered subject should be welcomed by a legal community at risk of forgetting the important place of the seal of the High Court.

Answers to the quiz, or: fact-check this, you nerds

The quiz for the recently-returned-to-work is here.

Here are what I think are the answers.  Most of the questions I pulled from useless trivia knowledge taking up valuable space in my head, but I am prepared to be proved wrong.  I am bracing myself to be Edgelered/Geddised unstintingly: feel free to either comment or to tweet me @strictlyobiter

Which famous New Zealand case:

 

Which (current or former) Chief Justice of New Zealand:

  • Died at sea? Sir Charles Skerrett
  • Was Premier of New Zealand? Sir Robert Stout
  • Shared a name with a famous Saturday Night Live alum? Sir Michael Myers
  • Was the last Chief Justice to serve in World War 2? Sir Ronald Davison
  • Had a Masters from Stanford? Dame Sian Elias

 

Explain under what circumstances a High Court Judge could give a minority decision, with the majority decision being given by people without law degrees. I think they could either under the Human Rights Act or the Commerce Act, when additional members of the Court are appointed: see s 126 of the Human Rights Act 1993 and s 77 of the Commerce Act 1986.

UPDATE: Andrew Geddis has pointed out why I am almost certainly incorrect on this.  You can read the tweet discussion starting with this tweet.

 

How many current High Court judges (including those in the appellate courts):

  • Were formerly Associate Judges? Four: Venning, Lang, Gendall and Osborne JJ
  • Were formerly District Court Judges? Two: Thomas and Powell JJ
  • Were formerly Law Commissioners? Two: Elias CJ and Brewer J

 

Are there more High Court judges (including those in the appellate courts) currently on the bench who used to hold warrants as Crown solicitors, or who were formerly partners at Russell McVeagh? More Russell McVeagh partners (Kos P and Peters, Whata, Katz, Fitzgerald JJ) than former Crown solicitors (Lang, Brewer, Moore, and Gordon (acting warrant) JJ).

 

Solve these cryptic crossword clues:

  • Milne’s Robin can’t be beat? He’s on the bench. (11,7) Christopher Toogood
  • A colloquial winner hesitates then gives brief thank you for the impermissible litigation funding. (9) Champerty
  • Court is seen when reverse father joins the sound of bells. (6) Appeal
  • Two Dams Hewn for justice. (6,5) Mathew Downs
  • Junior royals take in subcontinent’s cricket league and reveal Lands’ outcome. (9) Principles
  • Holding proportion. (5) Ratio

 

Put these statutes in order from smallest number of sections to largest number of sections (counting only solely-numbered sections ie. s 30 counts, s 30A does not count).

  • Evidence Act 2006 Second – 216 sections
  • Crimes Act 1961 Third – 415 sections
  • Interpretation Act 1999 First – 38 sections

 

Name as many New Zealand Queen’s Counsel who have taken silk from 2013 onwards as you can.  Write as many as you can/want but be sure they’re correct.  When you want to stop, do so.  Then check your answers.  If all right, you get the same points as your number of answers.  If you get just one wrong, then you get no points.

Check your answers against this list.

 

What was the last year to have only one volume of the New Zealand Law Reports?

1983

 

For years the leading textbook on the law of contract in New Zealand was Burrows, Finn and Todd, but now (some of) the authors have changed.  What are the surnames of the three authors of the latest version?

Finn, Todd and (Matthew) Barber

 

What is the name of the High Court (or former Supreme Court) judge in New Zealand who held their position for the shortest period of time?

James Crosby Martin was a Supreme Court Judge for one day (officially) from 1 January 1901 to 2 January 1901. You have to discount his time as an acting judge in 1900, and then accept his retroactive resignation, deemed to be accepted on 2 January 1901.  And the terms of the question discount his earlier tenure as a judge of the Arbitration Court.

 

Name a New Zealand judgment with a measurement of length in the title (bonus point if you get one that I haven’t thought of).

All I got was Eight Mile Style v New Zealand National Party, and Bryson v Three Foot Six Ltd.

 

What bench in New Zealand wears blue robes?

The coronial bench.

 

Austin Nichols & Co Ltd v Stichting Lodestar is a frequently cited case in New Zealand for the principles of a general appeal.  What is a stichting?

Wikipedia will explain this to you.

 

Which two Crown Solicitor’s offices do not have a website for their law firm? (Name the regions.)

Dunedin and Nelson.

 

What word or words link?

  • A current High Court judge and a seminal case on “regall authority”. Fitzgerald
  • A present-day dean of a New Zealand law school and a former Prime Minister. Palmer
  • The leading case on sentencing discounts for guilty pleas and a famous mountain. Everest (Mr Hessell’s middle name was Everest.)
  • A 2016 film set in the DC Universe and a group of Legislative Council members appointed in 1950. Suicide Squad
  • The first President of the permanent Court of Appeal and the office of the Crown Solicitor at Timaru. Gresson (Sir Kenneth Gresson, and the law firm Gresson Dorman)

New legal trends for 2019

Out: Elias CJ (dissenting)

In: Winkelmann CJ (for the Court)

 

Out: Russell McVeagh partnership.

In: The independent bar.

 

Out: Queen’s Counsel.

In: King’s Counsel.

 

Out: comcom.govt.nz

In: comcom.com

 

Out: Counsel in Concert

In: Legislative Instruments

 

Out: Palmer J on deterrent sentences for commercial drug offending.

In: Palmer J on the Criminal Proceeds (Recovery) Act 2009.

 

Out: Judicial appointment rumours.

In: Murmuring judges.

 

Out: Champagne flutes in law firm photos.

In: Gang signs in law firm photos.

 

Out: More Dotcom appeals.

In: More Dotcom appeals.

 

Out: E-Discovery.

In: Discovering E.

 

Out: AML suspicious transaction reporting.

In: AML auspicious transaction reporting.

 

Out: Ministry of Justice industrial action.

In: Ministry of Justice industrial inaction.

 

Out: New Zealand Law Society Gender Equality Charter.

In: Violent Feminist Revolution.

 

Out: Clean waterways.

In: Tainted jury pools.

 

Out: Memorial for Chambers J.

In: Tomb of the Unknown Jurist.

 

Out: Alternative dispute resolution.

In: Hipster dispute resolution.

 

Out: McKenzie Friends.

In: McKenzie Friends With Benefits.

7 good opening paragraphs in New Zealand judgments (and 3 kinda okay ones to make it an even 10)

Gurney v Police [2017] NZHC 1581
Gurney v Police [2017] NZHC 1581 (Collins J)
Sands v Executor [2016] NZFC 8970
Sands v Executor of Estate of [B O’Horgan] [2016] NZFC 8970 (Judge L de Jong)
Lowe v Auckland City Council
Lowe v Auckland City Council HC Auckland AP44/93, 12 May 1993 (Hammond J)

 

Siemer v JCC [2013] NZHC 1853 2
Siemer v Judicial Conduct Commissioner [2013] NZHC 1853 (Kós J)
Beer v MSD [2012] NZHC 205
Beer v Ministry of Social Development [2012] NZHC 205 (Kós J)
Daniels v Police [2015] NZHC 358.PNG
Daniels v Police [2015] NZHC 358 (Kós J)
Bicycle
Gallagher v Police HC Auckland A149/99, 5 October 1999 (Chambers J)

 

[2018] NZHC 3088
Australasian Performing Rights Association v 3228 Business Ltd [2018] NZHC 3088 (Palmer J)
Ducks.PNG
Kinney v Police [1971] NZLR 924 (SC) (Woodhouse J)
McDonald.PNG
McDonald v Arrigato Investments Ltd (2000) 14 PRNZ 414 (HC) (Chambers J)

 

The world’s only jurisprudence joke

A legal positivist, a purposivist, and a realist all work for the highway patrol.

A motorist is driving down a road.  The legal positivist pulls him over and begins writing out a ticket.

“Why on earth am I getting this ticket?” asks the driver.

“You were going 51 km/h in a 50 zone,” explained the positivist.  “The law is very clear and was enacted validly.  I have to give you a ticket.”

The driver rants and raves at the positivist.

“This is ridiculous, bloody revenue gatherers!” he says.  But he ultimately takes the ticket and carries on driving down the road, a little slower than before.

The driver doesn’t get far before the purposivist pulls him over and begins writing a ticket.

“Why on earth am I getting this ticket?” asks the driver.

“You were going 40 km/h in a 50 zone,” explained the purposivist.  “The law is designed to prevent unsafe speeds and you were going so slow that you were unsafe.  I have to give you a ticket.”

The driver gets even angrier at the purposivist.

“I can’t believe you people.  First I drive too fast, now I drive too slow!”  But he ultimately takes the ticket and carries on driving down the road, this time being certain to stick to exactly 50km/h.

The driver doesn’t get far before he is pulled over by the legal realist, who begins writing him a ticket.

“Hey!” said the driver.  “I wasn’t driving too fast, I wasn’t driving too slow.  What on earth are you giving me this ticket for?”

“Well,” said the legal realist.  “You were awfully rude to my colleagues.”