Why was Judith Collins appointed as a KC?

Written By: - Date published: 9:46 am, December 17th, 2023 - 35 comments
Categories: Christopher Luxon, Judith Collins, law, law and "order", national, same old national - Tags:

Releasing news that Judith Collins has been made a King’s Counsel on a Friday afternoon just before Christmas suggests that the enthusiasm for the announcement may not have been high.

And I am scratching my head about this.  Why should Judith Collins be appointed a KC?

I have spent a lot of the last 39 years appearing in various courts in Auckland.  I can’t say I have ever seen Judith in court at the same time although I might be wrong.

I do recall her husband David Wong Tung appearing as a Duty Solicitor in the Auckland Courts.  But I can’t recall ever seeing her.

Being a KC is a real status symbol for the profession.  It puts them in a special category.  Many of them receive judicial appointments.

Not all of them use their status to charge large amounts.  Northland Barrister Catherine Cull is one who undertakes a lot of legal aid work and who charges her private clients not dissimilar amounts.  Clearly for her the interests of Justice outweigh the need for the accumulation of material worth.

The appointment process is rigorous.  Applicants are required to “identify up to ten matters you consider most significant in the past three years. Ordinarily, these would be substantive trials or appeals. A major or significant matter may have the following features: referred to by the Judge as important, complex, significant or similar term; is a test case or set a precedent; has been reported or has been the subject of academic comment; a serious fraud or criminal case; a complex commercial or civil case (including family law cases).”

There is also a need for candidates to show “integrity and honesty in dealings with clients, colleagues and the judiciary”.  Collins’ involvement with Dirty Politics and especially her involvement in attempts to undermine the former head of the Serious Fraud Office should have given Luxon some pause.

In the press release Christopher Luxon commented that former Attorneys General Christopher Finlayson, Paul East, Martin Findlay, Clifton Webb and Henry Mason were appointed as KCs.

While true there is some background.

Finlayson’s appointment in 2012 was after he had spent four years as Attorney General.  Also Finlayson was to shortly represent the country in its application against Japan’s whaling programme and the title would have assisted him to progress the country’s interests.

National’s Paul East had held the role for five years before his appointment in 1995.

The Attorney General before him, David Lange, was never made a silk although I am pretty sure that he would not have sought it.

And other Labour Attorneys General including Geoffrey Palmer and Margaret Wilson who were both intellectual powerhorses of the Profession would have been eminently qualified to have received silk but did not do so although Palmer was appointed KC in 2008 after he had returned to the Bar.  To suggest that Collins is somehow a better lawyer than them is laughable.

Luxon’s list mentions Martyn Findlay who was Attorney General in the Norm Kirk Labour Government.  Martyn is one person I used to see fairly regularly in the courts in the 1980s.  And his appointment was just before he left to represent New Zealand in the International Court of Justice attempting to stop atmospheric nuclear weapons testing by the French in the Pacific.  Like Finlayson his status was in the national interest.

Collins has been appointed a KC even before she has shown any ability as Attorney General.  The appointment is somewhat unique.

All eyes will be on her performance.  New Zealand’s law profession is by far the most organised and strongest trade union grouping in the country.  There will be very strong expectations about the quality of her performance.

35 comments on “Why was Judith Collins appointed as a KC? ”

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  1. Incognito 1
    17 December 2023 at 10:21 am

    I can’t help but think of Trump and [his] appointments to SCOTUS and the blatant attempt to wield political influence where it doesn’t belong and in ways that would run counter to the “[f]undamental constitutional principles and values of New Zealand law”.

    https://www.ldac.org.nz/guidelines/legislation-guidelines-2021-edition/constitutional-issues-and-recognising-rights-2/chapter-4/

    In isolation, JC’s appointment to KC (and AG) wouldn’t be so concerning or even controversial, but against the authoritarian inroads into the judiciary system by this coalition and its three members, I think we have even more reason to raise the alert level and apply the motto of ‘eternal vigilance’.

    • Kat 1.1
      17 December 2023 at 8:55 pm

      Its just good old cunning dirty politics….makes about as much sense as if Brian Tamaki was appointed Governor General……the question is does it really matter………I suppose it really depends on how long it takes for the 'democratic' vote to wake up…….

      • Ghostwhowalks 1.1.1
        18 December 2023 at 9:12 am

        Well Brian Tamaki did appoint himself as Apostle bishop to his flock, and the devout can be styled Apostles sons – after payment of the appropriate fees

  2. dv 2
    17 December 2023 at 10:51 am

    Next Luxon is Knighted by himself HUH?

  3. Pat 3
    17 December 2023 at 10:56 am

    Will the fact Judith Collins has been 'made' a KC have any impact on her influence?….other than to perhaps diminish the status of the title.

  4. Ghostwhowalks 4
    17 December 2023 at 11:00 am

    Collins when in practice was essentially an 'off' Queen St tax lawyer for smaller medium businesses.

    Im wondering as the newly ennobled Attorney General she will find black letter law tax practioner to appoint to the commercial division of the Auckland High Court ?

    Would this mean a return to the 80s-90s when a certain Appeal Court president ensured the IRD was thwarted every time over highly legalistic accounting practices whose sole purpose was avoidance

    • Obtrectator 4.1
      17 December 2023 at 11:23 am

      Would this mean a return to the 80s-90s when a certain Appeal Court president ensured the IRD was thwarted every time over highly legalistic accounting practices whose sole purpose was avoidance

      Got any links to some of those cases?

      • Ghostwhowalks 4.1.1
        17 December 2023 at 12:07 pm

        Pleeese. this is just a blog. I looked up the Court Presidents but the name doesnt stand out now but I knew of it back then. It may have been McCarthy or Richmond.

  5. Anne 5
    17 December 2023 at 11:01 am

    She would have sought the role because she wanted the status symbol and she would have pushed the line… there was plenty of precedence among past Attorney Generals. Luxon, being the shallow and intellectually lazy individual he appears to be, would have accepted the line without any attempt to check out the differences between those appointments and Judith Collins.

    I agree with the premise she will use her status to deliver authoritarian changes to the judicial system and stack the benches with like minded (read anti-Maori sentiments) or compliant legal beagles willing to carry out her draconian demands.

  6. Ghostwhowalks 6
    17 December 2023 at 11:07 am

    Heres the NZ bar KC appointments 'criteria'

    Candidates must:

    • be barristers sole;
    • continue to practise independently, as barristers sole;
    • demonstrate the overarching requirement of excellence, showing length and depth of experience;
    • have expert, up-to-date, legal knowledge;
    • show superior skill in oral and/or written persuasive argument;
    • be able to demonstrate independence in their commitment to their client's interests;
    • show integrity and honesty in dealings with clients, colleagues and the judiciary;
    • show leadership in setting and maintaining the profession's standards.

    Some previous AG were leading barristers before parliament , but Collins seems to have been a commercial tax arrangements advisor. Shes been in parliament for so long now. Are there even any online court cases showing she appeared for a client ?

    • Terry 6.1
      17 December 2023 at 12:25 pm

      In other words, her elevation to KC may have little to do with her ability or track record as a barrister, but is due to political expediency and pandering to her vanity. Or am I being too cynical…

      • Anne 6.1.1
        17 December 2023 at 2:13 pm

        " … am I being too cynical…"

        No.

      • Grey Area 6.1.2
        17 December 2023 at 4:51 pm

        Hell no. It's another example of how corrupt this CoC is. It's dragged NZ down so far in such a short space of time.

        They talk of a non-existent mandate and basically don't give a shit. They seem to think they can do as they want.

        Or are they self-aware enough to realise they only have a small window to do as much damage as possible before we wake up?

        Nah, just kidding.

  7. Ad 7
    17 December 2023 at 11:25 am

    Sure, crowning your own head like Napoleon isn’t a massive deal itself.
    Unless you’re considering application to be a judge, in which case it’s a bright red signal that your politics really matters.
    Check also:

    • Minister of Finance Willis stopping of a $3billion project which cuts through a formal commercial alliance and essentially tells the entire Kiwirail board that they are about to be fired
    • Minister of Transport Brown writing to all mayors that cycleway and footpath new investment will be stopping, even though the statutory investment process is through the GPS and RLTPs
    • The reversal of key legislation without accompanying Regulatory Impact Statements
    • The enraged bile of Minister for Regional Development and for Resources stating how deep into the DoC estate he is wiling to mine

    National could easily argue that Labour used even larger state force in so many areas, so it’s nothing new. It’s a poor conflation of institutional reform through careful consultation and then legislaiton, not personalised aggrandisement with few without checks and balances.

    I have a niggling respect for this degree of speed from National carrying out its plan. It recognises that power in a very small state is concentrated in just a few people. So if you want to change things you have to get rid of the people.

    We didn’t do that in 2017 and the institutional inertia was really strong.

    But you should never do it by aggregating power to yourself. It’s a dark path.

    • theotherpat 7.1
      19 December 2023 at 11:38 am

      i bet they are planning to sell parts of rail…either infrastructure or container terminals to their mates

  8. Francesca 8
    17 December 2023 at 11:34 am

    The Government can sign up to Pillar II if the country’s attorney-general considers it compatible with the constitution, but would be expected to debate its merits in Parliament and seek cross-party support.

    Judith Collins has already expressed her eagerness to sign up to Pillar 11

    https://consortiumnews.com/2023/12/15/new-zealand-leaning-to-controversial-aukus-alliance/

    I must say RNZs loss is Consortium News' gain

  9. Belladonna 9
    17 December 2023 at 11:56 am

    I agree. I can't see any logical reason for Collins to be appointed a KC.

    It looks like a self-glorification move- which devalues the appointment to be a political bauble of office.

    I don't see any other sinister meaning. The AG has no more authority as a KC, than they do without the accolade. It does, of course, increase your 'employability' outside of government – although, if that were a factor, it would be more likely to be happening at the point a Government is likely to exit power, so towards the end of the term.

    Maybe this is the price that Luxon is willing to pay for her compliance in his caucus and as AG.

    [NB: when did it change over from QC? Is it an automatic rebadging when Charles was crowned? Or is there some other procedure?]

    • Ghostwhowalks 9.1
      17 December 2023 at 12:01 pm

      Yes. Automatically when the new monarch is proclaimed. Once many eons ago , crown appointments like to the Privy Council and as KC/QC lapsed on the death of a monarch

  10. Rodel 10
    17 December 2023 at 12:17 pm

    'Laughable' is the correct word but it's hard to laugh at Luxon's attempt to deflect the knives.

    • Tony Veitch 10.1
      17 December 2023 at 3:16 pm

      "Keep your friends close – but your enemies closer!"

      Frankly, Luxon has no idea about the protocols of government. JCs appointment smacks of weakness and cronyism.

      The Coaltion of Chaos 100 day plan also testifies to Luxon's weakness and lack of experience. He could/should have told both ACT and NZ First to toe the line and come in as very (fittingly) junior partners. Where else could Act and NZF go, after all? Instead, he let the minor parties have their ways!

  11. adam 11
    17 December 2023 at 1:57 pm

    Conspiracy theory: (for a laugh, cough, cough)

    It's a cover, so the five eyes partners don't freak out – too much.

    As she is a wholly owned interest for the CCP.

    Beijing is over the moon.

  12. roblogic 12
    17 December 2023 at 4:18 pm

    It is the Nat's way of giving themselves trinkets and awards; the wiki page says that Chris Finlayson reinstated the QC/KC titles and promptly awarded one to himself.

    British MPs used to do the same for their lawyer mates but eventually decided it was a bit crass.

    Until the 1990s there was a practice that sitting members of the UK Parliament (MPs) who were barristers were (if they wished) appointed QC, sometimes known as a "courtesy" or even "false" silk (or sarcastically "nylons" being artificial silks), on reaching a certain level of seniority, of around fifteen years, at the bar (though not automatically on election when they were more junior). In the 1990s it was felt that the practice of granting silk to MPs in this way, without considering their abilities, devalued the rank and the practice was abolished.

    • Chris 12.1
      17 December 2023 at 4:49 pm

      There's the answer, then, perfect.

    • Obtrectator 12.2
      17 December 2023 at 5:16 pm

      At least we don't – if we ever did – have that daft convention of referring in the House to KCs/QCs as "the honourable and learned member … ".

      (In the UK, MPs who were or had been serving with the armed forces were also customarily called – Heaven help us – "the honourable and gallant member"!)

  13. yesherawshark 13
    17 December 2023 at 4:49 pm

    but have any of the previously appointed Attorneys General also been Minister(s) of SIS, GCHB and others ? More worrisome than the gratuitous KC to me … I think previously Minister for SIS has always been PM .. too much work for our Upper Room boy, but these three positions combined in one as integrity challenged as she ? Dangerous.

    • Anne 13.1
      17 December 2023 at 5:49 pm

      Its as if Muldoon has come back to haunt us in the form of Judith Collins. There's even a certain likeness between the two except Collins' eyebrows are her focal point while Muldoon's crooked, almost evil smile was his.

      Remember Muldoon ordered the SIS to conduct certain activity for personal political purposes. I can see Judith Collins doing the same thing – she of the evil eyebrows.

      • Thinker 13.1.1
        17 December 2023 at 7:23 pm

        For all people say about him, you didn't have to watch Muldoon's eyebrows to know when he was laughing. wink

        It may have been an evil chuckle, but his laughter was infectious.

      • Kat 13.1.2
        17 December 2023 at 8:58 pm

        Well Anne we all know what Muldoon was, but compared to this lot he was a saint……..

    • Ghostwhowalks 13.2
      17 December 2023 at 8:06 pm

      Partly . Key changed the previous process once it was found that he delegated his duties for the Intell Services to his political staff in the PMs office. They played political games/scams when Andrew Little was supposed to be briefed as Leader Of Opposition. Finlayson soon took on the roles and during Arderns and Hipkins time it continued with AG.

  14. lprent 14
    18 December 2023 at 8:24 am

    From what I know of Judith Collins, she simply hasn't done the work to justify this appointment. But also after observing her political career closely I certainly don't think that she has the moral capacity to sustain the requirements of the position.

    If I had to consider the politician that I'd consider to be the most likely to be corrupted by personal ambition and to abuse privileges for her own and her parties benefit, she is at the top of my list.

    I can vividly recall just how long she seemed to be involved in using the dirty politics outlets to smear opponents. I can’t see any real change in her attitudes since those days when she was supporting Cameron Slater in his defamation campaigns.

    • Ghostwhowalks 14.1
      18 December 2023 at 8:53 am

      Yes. Finlayson was in line to become a QC just before he was elected on the list.

      Paul East appeared before the International Court of Justice while Attorney general for NZ

      As others mentioned Palmer got it for his legal career after Parliament.

      Within 16 days of being sworn in as AG Collins takes the knee- silk. Normally the Chief Justice and other senior judges are canvassed . The short time indicates consultation was bypassed

  15. Margaret 15
    18 December 2023 at 1:37 pm

    Luxon has sold his ego driven ambition to the devil