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.
