Swearing in of Rt. Hon. Chief Justice Dame Helen Winkelmann GNZM On 14 March 2019, Dame Helen Winkelmann GNZM was sworn in as the 13th Chief Justice of New Zealand and Tokelau. The line of Chief Justices began with Sir William Martin in 1841. However, her Honour’s appointment was the first ever appointment of the head of our final appellate court, the Supreme Court of New Zealand, which was only formed in 2004 at a time when Dame Sian Elias was already Chief Justice. Live streamed from the courthouse, the swearing in ceremony demonstrated the unique traditions of New Zealand/Aotearoa. Both the Māori and common law traditions are centuries old and it was fitting that they were both represented. The new Chief Justice was welcomed by Āti Awa, as mana whenua of Te Whanganui-a-Tara (Wellington), the land on which the Supreme Court sits. There was a hongi (an exchange of breath) between the judges of the Supreme Court and representatives of the iwi.
President of the New Zealand Law Society, Kate Davenport QC, President of the New Zealand Bar Association and a very moving address was given by Chris Farrelly, the Auckland City Missioner, on behalf of the community. The ceremony was simultaneously translated by Karena Kelly and signed by Alan Wendt and Melissa Sutton. Speaking on behalf the Bar Association, Kate Davenport QC noted that she had spoken at her Honour’s swearing in as a judge of the High Court in 2004 and had predicted great things for her future as a judge, which she was delighted to see had indeed come true.1 Ms Davenport said that the ceremony was of constitutional significance to all New Zealanders. The Court had been formed to ensure that those areas of law that were of great importance to the lives of New Zealanders were accessible and not subject to expensive litigation in a remote foreign country. Within this context the Treaty of Waitangi was of particular constitutional significance, and the Supreme Court therefore had an important role in upholding its legal recognition at all levels. Prior to her Honour’s appointment, the SolicitorGeneral prepared and circulated criteria for the appointment of the Chief Justice. The Bar Association was asked to comment on these criteria. The Candidate was to:
The Registrar of the Court passed the mauri (authority) of the court to Te Āti Awa, using the words “Te Āti Awa kei a koe te mauri o te whare” (“Te Āti Awa you have the life force of the house.”). Rikirangi Gage (Te Whānau-a-Apanui and Ngāti Porou) gave the response on behalf of Justice Winkelmann and the Winkelmann whanau. Mr Gage has Winkelmann whakapapa on his mother’s side. The mauri of the Court was then returned to the court, and the Supreme Court’s most senior judge, Justice William Young, asked the Queen’s counsel for their appearances. He then administered the oath of allegiance and the judicial oath. Speeches were then delivered by the AttorneyGeneral, the Hon David Parker, Kathryn Beck,
1) be an outstanding judge; 2) have outstanding leadership skills; 3) have an excellent understanding of and ability to work within the environment in which the administration of justice operates; and 4) show certain personal qualities including: a. the ability to work courteously in and out of Court, respecting the views of others; b. superior written and oral communication skills; c. resilience, stamina and firmness of purpose under pressure; d. interpersonal skills; e. patience and the ability to listen; and f. decisiveness.
Address by the President of the New Zealand Bar Association, Kate Davenport QC on the Occasion of the Swearing in of the Rt. Hon. Chief Justice Dame Helen Winkelmann GNZM, 14 March 2019, Supreme Court, Wellington
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