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Sian Elias

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Dame Sian Elias
Chief Justice of New Zealand
Assumed office
17 May 1999
Nominated byJenny Shipley
Preceded byThomas Eichelbaum
Governor-General of New Zealand
Acting
In office
23 August 2011 – 31 August 2011
MonarchElizabeth II
Prime MinisterJohn Key
Preceded byAnand Satyanand
Succeeded byJerry Mateparae
In office
4 August 2006 – 23 August 2006
MonarchElizabeth II
Prime MinisterHelen Clark
Preceded bySilvia Cartwright
Succeeded byAnand Satyanand
In office
22 March 2001 – 4 April 2001
MonarchElizabeth II
Prime MinisterHelen Clark
Preceded byMichael Hardie Boys
Succeeded bySilvia Cartwright
Personal details
Born (1949-03-13) 13 March 1949 (age 75)
London, United Kingdom
SpouseHugh Fletcher
ChildrenEdwin
Benjamin
Alma materUniversity of Auckland
Stanford University
ProfessionBarrister

Dame Sian Seerpoohi Elias, GNZM, PC,[1] QC (born 13 March 1949) is the Chief Justice of New Zealand,[2] and is therefore the most senior member of the country's judiciary. She is the presiding judge of the Supreme Court of New Zealand. As Chief Justice, she also acts as the Administrator of the Government (acting Governor-General) when the position of Governor-General is vacant or if the Governor-General is overseas. Elias has held the position of Administrator of the Government from 22 March 2001 until 4 April 2001, between the terms of Sir Michael Hardie Boys and Dame Silvia Cartwright, and again from 4 August 2006 until 23 August 2006 between Cartwright's term and that of the Sir Anand Satyanand.

Early life and family

Born in London in the United Kingdom of an Armenian father and a Welsh mother (hence her Welsh forename and surname), Elias attended Diocesan School for Girls in Auckland. She completed a law degree from the University of Auckland in 1970, and then undertook further study at Stanford University.[2] She took up employment with an Auckland law firm in 1972, beginning her career as a barrister three years later. She also served as a member of the Motor Sports Licensing Appeal Authority and of the Working Party on the Environment. She served as a Law Commissioner from 1984 to 1988. Elias is also known for her work in relation to various Treaty-related cases. In 1990, she was awarded a New Zealand 1990 Commemoration Medal in recognition of her services.

In 1988 she and Lowell Goddard were made the first women Queen's Counsel's in New Zealand.

Elias is married to Hugh Fletcher, former CEO of Fletcher Challenge and a former Chancellor of the University of Auckland.

Justice of the High Court of New Zealand

Elias became a judge of the High Court in 1995, and occasionally sat on the Court of Appeal.[3]

Chief Justice of New Zealand

On 17 May 1999, she was sworn in as Chief Justice of New Zealand, the first woman to hold that position in New Zealand. When the government announced plans for the establishment of a Supreme Court (replacing the Judicial Committee of the Privy Council as the final court of appeal in New Zealand), it was decided that Elias, as Chief Justice would automatically be appointed to the new body. The Supreme Court commenced sitting in the middle of 2004.

Elias recused for a civil appeal brought by Lisa Cropp. Cropp races horses owned by the Chief Justice and her husband. The appeal concerned the legality of the procedure that resulted in a positive test for methamphetamine and loss of standing to practice as a jockey. Supreme Court (Blanchard, Tipping, McGrath, Anderson and Gault JJ) dismissed the appeal.

In July 2009 Elias caused controversy with her speech for the annual Shirley Smith address to the Wellington District Law Society, arguing against what she described as the "punitive and knee-jerk" attitude towards the criminal justice system.[4] In response, Minister of Justice Simon Power said that it is up to the Government to set sentencing policy and judges to apply it. Sensible Sentencing Trust's Garth McVicar stated Elias should resign because of her stance[5] but academics and lawyers lent support to the points raised in her speech.

References

  1. ^ Department of the Prime Minister & Cabinet
  2. ^ a b Courts of New Zealand
  3. ^ "Elias—top judge and judicial activist". The New Zealand Herald. 28 March 2005. Retrieved 5 August 2010.
  4. ^ Dame Sian Elias (9 July 2009). "Blameless Babes—Address to the Wellington District Law Society" (PDF).
  5. ^ "Call for chief justice to resign". The Dominion Post. 17 July 2009.
Legal offices
Preceded by Chief Justice of New Zealand
1999–present
Incumbent
Government offices
Preceded by Administrator of New Zealand
2001
Succeeded by
Preceded by Administrator of New Zealand
2006
Succeeded by
Preceded by Administrator of New Zealand
2011
Succeeded by

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