At the Bar April 2021

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Jonathan Temm QC 16 June 1962 – 3 March 2021

Kua hinga te kauri o te wao nui a Tane - The kauri has fallen in the sacred forest of Tane The profession and the Bar lost one of its giants with the passing of Jonathan Temm QC. Members of the profession, and his PA for the last 25 years, Barbara Neale, share some memories with us. You cannot go wrong working for a barrister whose chambers, as luck would have it, are located across the road from an Irish bar. Barbara Neale certainly discovered that after years of working with Jonathan Temm QC. It was a job that she would find endlessly fascinating.

He was innately kind. His father, Hon. Justice Paul Temm (also a QC), had told him it gets very lonely on circuit and restaurant food loses its appeal pretty quickly. Jonathan Temm would therefore invite visiting judges home for dinner, where they would experience the Temm household. “It was a joy to be a part of,” says Barbara, “sitting quietly at the table as a constant stream of humanity and casually tossed barbs fly between children and parents with obvious humour and love. It was like being at a train station with people coming and going. You just sat back and enjoyed being part of the atmosphere. No five-star meal could ever compare.”

Jonathan passed away on 3 March 2021 at his home, surrounded by his whānau. While his death came much too soon, it was fitting that at the end he was with the people who mattered the most to him. His wife, Lynelle,1 in a recent interview, described him as having a great ability to be present as a husband and a father. His family provided the balance he needed when faced by the relentless nature of trials, often involving tragedy, and on occasion, simply horrific. But before we get to his professional attributes, here are some things that you may not know about Jonathan: Back in the day when nearly everyone smoked, he had a talent for rolling cigarettes one handed (learned while driving removal trucks around Australia). “In a way, that sums him up pretty well. He needed to find a way to make things happen and so he just worked at it until he found a result that worked.” He gave up smoking many years ago and the last time he was asked to demonstrate that talent, it was a complete but hilarious disaster. Jonathan was offered QC rank at the end of his term as NZLS President. He declined it at that time, saying instead that he wanted to see more of his provincial colleagues being recognised for their efforts. There was a bit of incredulity in the office over that stance, but once he explained his reasoning, it was hard to argue against. He was known to practice his closing addresses on the local trout, according to Lynelle. Some of them must have been persuaded as Jonathan usually returned home with two or three fish. 1,2

He was a practical joker, and once fitted all of someone’s office into the elevator (apparently his packing skills were legendary). Of course, some details are much more well known. Jonathan was a man who spoke truth to power. A partner at a firm he worked for frequently dressed down his secretary publicly. One day, Jonathan walked into the partner's office, closed the door, and spoke his piece. Whatever that piece was, the dressing downs ceased.2 People have observed that Jonathan hated injustice, but it is probably as true to say he had a passion for justice. District Court Judge Marie Mackenzie said “He was passionate about advocacy, the law and doing justice for all in the community, including the vulnerable and disadvantaged. Mr Temm QC always strived to achieve justice for all. He advanced cases in a firm but fair way.” Persistence was another strength – as demonstrated by relentless applications for Law School, NZLS/WBOP President or (for that matter), applications for QC, he persisted. From the outside, it might look like an inherited and charmed legal family life, but the reality was an uncompromising will to succeed. In among that hard work was the requisite humour needed to deal with prosecution and criminal defence. Sometimes this resulted in a need

https://www.stuff.co.nz/national/124530407/jonathan-temm-qc-a-man-who-hated-injustice

www.nzbar.org.nz

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