Date: Fri, 1 Sep 2006 12:54:45 -0500

From: Geoff Mclay

Subject: Death of Lord Cooke

Members on the list, will be sad to learn of the death of Robin Cooke, who whether you agreed with or him not, dominated many fields not just in New Zealand but around the Commonwealth. For many New Zealand lawyers like me it is actually very difficult to imagine the law without him both because of his undoubted vision but also the amazing length of time he was a judge. He will also be missed at the cricket both in Wellington and London. I have included below the National radio story.

Geoff

Former top judge, Lord Cooke, dies

One of New Zealand's most influential judges, Lord Cooke of Thorndon, has died. He was aged 80.

He was the first New Zealand judge to be raised to the peerage and in 2002 was invested with the Order of New Zealand, the country's highest honour.

Born in Wellington and educated at Wanganui Collegiate and Victoria and Cambridge universities, Robin Cooke was appointed a judge of what was then the Supreme Court in 1972.

He moved to the Court of Appeal four years later and became its president in 1986.

Lord Cooke was the author of some key decisions in favour of Maori claims to State assets under the Treaty of Waitangi.

His emphasis on the court's duty to define and uphold the principles of the Treaty, was criticised by some legal colleagues and politicians who believed Parliament should have the final say.

 

1985 Tour role

Lord Cooke declared himself unrepentant over his part in stopping a planned rugby tour of South Africa by New Zealand in 1985.

He also hit back at the Business Roundtable for its criticism of rulings upholding union rights in employment contract disputes.

 

Tribute by Chief Justice

Chief Justice, Dame Sian Elias says the late Lord Cooke of Thorndon touched every area of New Zealand law.

Dame Sian Elias told Morning Report that Lord Cooke was a leading law and academic figure.

She said Lord Cooke was involved in family law and negligence law; and was also called upon to make decisions in a number of controversial cases.

 

Palmer denies complaints of judicial activism

The President of the Law Commission says claims that Lord Cooke of Thorndon was guilty of judicial activism, are misplaced.

Lord Cooke was often accused of pushing the law beyond what Parliament intended.

Sir Geoffrey Palmer was Attorney General and later Prime Minister at the time - he says Lord Cooke's judgements never caused him any problems.

Sir Geoffrey says judicial activism is an American concept which has been imported into New Zealand; but cannot apply here because of the Constitutional superiority of Parliament.

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