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{{Short description|New Zealand judge (1944–2021)}}
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{{Infobox Officeholder
{{for|the Australian footballer|Noel Anderson (footballer)}}
|image=
{{Use dmy dates|date=April 2022}}
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| honorific-prefix = <small>[[The Honourable]]</small><br>
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{{Infobox officeholder
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| name = Sir Noel Anderson
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| image =
| honorific-suffix = <br><small>[[KNZM]] [[Queen's Counsel|QC]]</small>
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| honorific-prefix = [[The Honourable]]
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|order=[[Court of Appeal of New Zealand|President of the Court of Appeal]]
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| name = Sir Noel Anderson
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|term_start=2004
| honorific-suffix = {{post-nominals|country=NZL|KNZM|QC|size=100%}}
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|term_end=2006
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| order = [[Court of Appeal of New Zealand|President of the Court of Appeal]]
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|predecessor= [[Thomas Gault|Sir Thomas Gault]]
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| term_start = 2004
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|successor= [[William Young (judge)|Sir William Young]]
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| term_end = 2006
|Admitted to bar= 1967
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| predecessor = [[Thomas Gault|Sir Thomas Gault]]
|birth_date=
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| successor = [[William Young (judge)|Sir William Young]]
|birth_place=
| birth_date = {{Birth date|1944|1|3|df=y}}
|death_date =
| birth_place = [[Auckland]], New Zealand
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|death_place=
| death_date = {{Death date and age|2021|10|6|1944|1|3|df=y}}
|spouse=
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| death_place =
|religion=
| spouse =
}}
}}

'''Sir Noel Crossley Anderson''', [[KNZM]], [[Queen's Counsel|QC]] was President of the [[Court of Appeal of New Zealand|Court of Appeal]] of [[New Zealand]] from 2004 to 2006, before being elevated to the [[Supreme Court of New Zealand|Supreme Court]]. He left office in 2008.
'''Sir Noel Crossley Anderson''' {{post-nominals|country=NZL|size=100%|KNZM|QC}} (3 January 1944 – 6 October 2021) was a New Zealand judge who was President of the [[Court of Appeal of New Zealand|Court of Appeal]] of New Zealand from 2004 to 2006, before being elevated to the [[Supreme Court of New Zealand|Supreme Court]]. He left office in 2008.


==Career==
==Career==
Anderson graduated with a [[LLB]] from the [[University of Auckland]] in 1967 and was a partner in the [[Auckland]] firm Martelli, McKegg & Adams-Smith until commencing practice solely as a [[barrister]] in 1972. Had his first case the same day he was admitted to the bar in 1967 against [[John Henry (New Zealand Justice)|John Henry]], future Court of Appeal judge and [[Judicial Committee of the Privy Council|Privy Councillor]].<ref name="nzherald.co.nz">[http://www.nzherald.co.nz/honoured-new-zealanders/news/article.cfm?c_id=513&objectid=3570952 Alan Perrott, "Queen's Birthday Honours: Justice Noel Anderson"], ''New Zealand Herald'' June 7, 2004</ref>
Anderson was born in January 1944 in [[Auckland]].<ref name="who is who">{{cite book |title=Who's Who in New Zealand, 1991 |url=https://books.google.com/books?id=6x8OAQAAMAAJ |accessdate=29 July 2015 |last1=Lambert |first1=Max |year=1991 |edition=12th |publisher=Octopus |location=Auckland| page=10}}</ref> He graduated with an [[LL.B.]] from the [[University of Auckland]] in 1967 and was a partner in the Auckland firm Martelli, McKegg & Adams-Smith until commencing practice solely as a [[barrister]] in 1972. He had his first case the same day he was admitted to the bar in 1967 against [[John Henry (judge)|John Henry]], future Court of Appeal judge and [[Judicial Committee of the Privy Council|Privy Councillor]].<ref name="nzherald.co.nz">{{cite news |url=http://www.nzherald.co.nz/honoured-new-zealanders/news/article.cfm?c_id=513&objectid=3570952 |title=Queen's Birthday Honours: Justice Noel Anderson |last=Perrott |first=Alan |date=7 June 2004 |work=[[The New Zealand Herald]] |accessdate=1 November 2011}}</ref>


He was appointed a Queen's Counsel in May 1986, to the [[High Court of New Zealand|High Court]] in May 1987 and presided for four years in [[Hamilton, New Zealand|Hamilton]] before becoming a resident judge in Auckland for 10 years. Justice Anderson presided over hundreds of cases, including the third Plumley-Walker murder trial, the trial of murderer Malcolm Rewa, as well sitting on the inquiries into abortion, contraception and sterilisation, and the [[Mt Erebus disaster]].<ref name="nzherald.co.nz"/>
He was appointed a Queen's Counsel in May 1986,<ref>{{cite web |title=Queen's Counsel appointments since 1907 as at July 2013 |url=http://www.crownlaw.govt.nz/uploads/qc_since_1907.pdf |publisher=[[Crown Law Office (New Zealand)|Crown Law Office]] |accessdate=4 September 2013 |url-status=dead |archiveurl=https://web.archive.org/web/20140329220631/http://www.crownlaw.govt.nz/uploads/qc_since_1907.pdf |archivedate=29 March 2014 }}</ref> to the [[High Court of New Zealand|High Court]] in May 1987 and presided for four years in [[Hamilton, New Zealand|Hamilton]] before becoming a resident judge in Auckland for 10 years. Justice Anderson presided over hundreds of cases, including the third Plumley-Walker murder trial, the trial of Malcolm Rewa for murder, as well sitting on the inquiries into abortion, contraception and sterilisation, and the [[Mt Erebus disaster]].<ref name="nzherald.co.nz"/>


Justice Anderson became senior judge in Auckland in 1997 before being appointed executive judge in August 2000. In a survey done on the assignment of cases to judges between January 1999 and July 2001 in the High Court, Justice Anderson was one of the judges who heard the predominant number of [[New Zealand Bill of Rights Act 1990|Bill of Rights]] cases. In June 2004, he was awarded the [[DCNZM]] (Distinguished Companion of the New Zealand Order of Merit) for services to the Judiciary. Justice Anderson was appointed to the Court of Appeal in 2001 and the Supreme Court in February 2006. He also acted as the [[Administrator of the Government|Administrator of the New Zealand Government]] during [[Governor-General of New Zealand|Governor-General]] Dame [[Silvia Cartwright]]'s absence from the country in May 2005.
Justice Anderson became senior judge in Auckland in 1997 before being appointed executive judge in August 2000. In a survey done on the assignment of cases to judges between January 1999 and July 2001 in the High Court, Justice Anderson was one of the judges who heard the predominant number of [[New Zealand Bill of Rights Act 1990|Bill of Rights]] cases. Justice Anderson was appointed to the Court of Appeal in 2001 and the Supreme Court in February 2006. He also acted as the [[Administrator of the Government|Administrator of the New Zealand Government]] during [[Governor-General of New Zealand|Governor-General]] Dame [[Silvia Cartwright]]'s absence from the country in May 2005.


Although Anderson retired as a Supreme Court Justice in 2008, he continues to sit when needed.<ref>[http://www.stuff.co.nz/national/politics/3784546/Judge-under-cloud-replaced-on-four-appeal-cases "Judge under cloud replaced on four appeal cases"] ''The Dominon Post'' June 8, 2010.</ref> He also serves on the Investment Committee for the Tūhoe Establishment Trust, which manages [[Treaty of Waitangi]] settlements for the [[Ngāi Tūhoe]] [[iwi]].<ref>[http://www.ngaituhoe.iwi.nz/About/T%C5%ABhoeInvestmentCommittee.aspx Tūhoe Establishment Trust website]</ref>
Although Anderson retired as a Supreme Court Justice in 2008, he continued to sit when needed.<ref name="Stuff.co.nz_3784546">{{cite news |url=http://www.stuff.co.nz/national/politics/3784546/Judge-under-cloud-replaced-on-four-appeal-cases |title=Judge under cloud replaced on four appeal cases |date=8 June 2010 |work=[[The Dominion Post (Wellington)|The Dominion Post]] |accessdate=1 November 2011}}</ref> He also served on the Investment Committee for the Tūhoe Establishment Trust, which manages [[Treaty of Waitangi]] settlements for the [[Ngāi Tūhoe]] [[iwi]].<ref>[http://www.ngaituhoe.iwi.nz/About/T%C5%ABhoeInvestmentCommittee.aspx Tūhoe Establishment Trust website]</ref>


Anderson died on 6 October 2021.<ref>{{cite news |url=https://www.stuff.co.nz/national/300430775/former-supreme-court-judge-sir-noel-anderson-has-died |title=Former Supreme Court judge Sir Noel Anderson has died |date=14 October 2021 |work=Stuff.co.nz |access-date=15 October 2021}}</ref>
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===Position on Barristerial Immunity===

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In ''Lai v Chamberlains'',<ref>[http://www.nzlii.org/nz/cases/NZCA/2005/37.html ''Lai v Chamberlains''] [2005] NZCA 37 (8 March 2005)</ref> Justice Anderson delivered a lone dissenting judgement for retention of [[Professional negligence in English Law#Barristers|barristerial immunity]] on a five-judge Appeal Court panel. Anderson claimed keeping lawyers immune from accountability to their clients was necessary for the proper administration of [[justice]], as lawyers owe their primary obligation to the Court and it was argued this may at times conflict with the lawyers obligation to their clients. Justices [[Grant Hammond|Hammond]], [[Susan Glazebrook|Glazebrook]], [[Mark O'Regan (judge)|O'Regan]] and [[John McGrath (judge)|McGrath]] disagreed.
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===Position on barristerial immunity===
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In ''Lai v Chamberlains'',<ref>[http://www.nzlii.org/nz/cases/NZCA/2005/37.html ''Lai v Chamberlains''] [2005] NZCA 37 (8 March 2005)</ref> Justice Anderson delivered a lone dissenting judgement for retention of [[Professional negligence in English Law#Barristers|barristerial immunity]] on a five-judge Appeal Court panel. Anderson claimed keeping lawyers immune from accountability to their clients was necessary for the proper administration of [[justice]], as lawyers owe their primary obligation to the Court and it was argued this may at times conflict with the lawyers obligation to their clients. Justices [[Grant Hammond|Hammond]], [[Susan Glazebrook|Glazebrook]], [[Mark O'Regan|O'Regan]] and [[John McGrath (judge)|McGrath]] disagreed.

==Honours==
Anderson was awarded the [[New Zealand 1990 Commemoration Medal]].<ref>{{cite book |last1=Taylor |first1=Alister |last2=Coddington |first2=Deborah |authorlink1=Alister Taylor |authorlink2=Deborah Coddington |title=Honoured by the Queen – New Zealand |year=1994 |publisher=New Zealand Who's Who Aotearoa |location=Auckland |isbn=0-908578-34-2 |page=47}}</ref> In the [[2004 Birthday Honours (New Zealand)|2004 Queen's Birthday Honours]], he was appointed a [[Distinguished Companion of the New Zealand Order of Merit]], for services to the judiciary.<ref>{{cite web | url=https://dpmc.govt.nz/publications/queens-birthday-honours-list-2004 | title=Queen's Birthday honours list 2004 |date=7 June 2004 | publisher=Department of the Prime Minister and Cabinet | accessdate=24 March 2019}}</ref> In [[2009 Special Honours (New Zealand)|2009]], following the reinstatement of titular honours by the New Zealand government, Anderson accepted redesignation as a [[Knight Companion of the New Zealand Order of Merit]].<ref>{{cite web | url=https://dpmc.govt.nz/publications/special-honours-list-1-august-2009 | title=Special honours list 1 August 2009 |date=5 April 2011 | publisher=Department of the Prime Minister and Cabinet | accessdate=24 March 2019}}</ref>


== References ==
== References ==
{{Reflist}}
{{Reflist}}
*[http://www.nbr.co.nz/article/arise-sir-or-dame-70-honours-list-106848 ''National Business Review'', Arise Sir... or Dame... for 70 on honours list], by Nevil Gibson, 1 August 2009 (accessed 8:17PM 1 November 2009)
*[https://web.archive.org/web/20110611064307/http://www.nbr.co.nz/article/arise-sir-or-dame-70-honours-list-106848 ''National Business Review'', Arise Sir... or Dame... for 70 on honours list], by Nevil Gibson, 1 August 2009 (accessed 8:17PM 1 November 2009)
*[http://www.kiwisfirst.co.nz/index.asp?PageID=2145845335 kiwisfirst.co.nz] Profile
*[http://www.kiwisfirst.co.nz/index.asp?PageID=2145845335 kiwisfirst.co.nz] Profile


{{authority control}}
{{Persondata <!-- Metadata: see [[Wikipedia:Persondata]]. -->

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| NAME = Anderson, Noel
| ALTERNATIVE NAMES = Justice Anderson
| SHORT DESCRIPTION = Former Supreme Court of New Zealand Judge
| DATE OF BIRTH =
| PLACE OF BIRTH =
| DATE OF DEATH =
| PLACE OF DEATH =
}}
{{DEFAULTSORT:Anderson, Noel}}
{{DEFAULTSORT:Anderson, Noel}}
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[[Category:1944 births]]
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[[Category:2021 deaths]]
[[Category:Court of Appeal of New Zealand judges]]
[[Category:Court of Appeal of New Zealand judges]]
[[Category:Knights Companion of the New Zealand Order of Merit]]
[[Category:Knights Companion of the New Zealand Order of Merit]]
[[Category:New Zealand court system]]
[[Category:High Court of New Zealand judges]]
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[[Category:New Zealand judges]]
[[Category:University of Auckland alumni]]
[[Category:University of Auckland alumni]]
[[Category:Living people]]
[[Category:20th-century New Zealand judges]]
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[[Category:New Zealand knights]]
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[[Category:New Zealand lawyers]]
[[Category:Supreme Court of New Zealand judges]]
[[Category:Supreme Court of New Zealand judges]]
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[[Category:New Zealand King's Counsel]]
[[Category:Lawyers from Auckland]]
[[Category:21st-century New Zealand judges]]

Latest revision as of 21:26, 15 April 2024

For the Australian footballer, see Noel Anderson (footballer).

The Honourable
Sir Noel Anderson
KNZM QC
President of the Court of Appeal
In office
2004–2006
Preceded bySir Thomas Gault
Succeeded bySir William Young
Personal details
Born(1944-01-03)3 January 1944
Auckland, New Zealand
Died6 October 2021(2021-10-06) (aged 77)

Sir Noel Crossley Anderson KNZM QC (3 January 1944 – 6 October 2021) was a New Zealand judge who was President of the Court of Appeal of New Zealand from 2004 to 2006, before being elevated to the Supreme Court. He left office in 2008.

Career[edit]

Anderson was born in January 1944 in Auckland.[1] He graduated with an LL.B. from the University of Auckland in 1967 and was a partner in the Auckland firm Martelli, McKegg & Adams-Smith until commencing practice solely as a barrister in 1972. He had his first case the same day he was admitted to the bar in 1967 against John Henry, future Court of Appeal judge and Privy Councillor.[2]

He was appointed a Queen's Counsel in May 1986,[3] to the High Court in May 1987 and presided for four years in Hamilton before becoming a resident judge in Auckland for 10 years. Justice Anderson presided over hundreds of cases, including the third Plumley-Walker murder trial, the trial of Malcolm Rewa for murder, as well sitting on the inquiries into abortion, contraception and sterilisation, and the Mt Erebus disaster.[2]

Justice Anderson became senior judge in Auckland in 1997 before being appointed executive judge in August 2000. In a survey done on the assignment of cases to judges between January 1999 and July 2001 in the High Court, Justice Anderson was one of the judges who heard the predominant number of Bill of Rights cases. Justice Anderson was appointed to the Court of Appeal in 2001 and the Supreme Court in February 2006. He also acted as the Administrator of the New Zealand Government during Governor-General Dame Silvia Cartwright's absence from the country in May 2005.

Although Anderson retired as a Supreme Court Justice in 2008, he continued to sit when needed.[4] He also served on the Investment Committee for the Tūhoe Establishment Trust, which manages Treaty of Waitangi settlements for the Ngāi Tūhoe iwi.[5]

Anderson died on 6 October 2021.[6]

Position on barristerial immunity[edit]

In Lai v Chamberlains,[7] Justice Anderson delivered a lone dissenting judgement for retention of barristerial immunity on a five-judge Appeal Court panel. Anderson claimed keeping lawyers immune from accountability to their clients was necessary for the proper administration of justice, as lawyers owe their primary obligation to the Court and it was argued this may at times conflict with the lawyers obligation to their clients. Justices Hammond, Glazebrook, O'Regan and McGrath disagreed.

Honours[edit]

Anderson was awarded the New Zealand 1990 Commemoration Medal.[8] In the 2004 Queen's Birthday Honours, he was appointed a Distinguished Companion of the New Zealand Order of Merit, for services to the judiciary.[9] In 2009, following the reinstatement of titular honours by the New Zealand government, Anderson accepted redesignation as a Knight Companion of the New Zealand Order of Merit.[10]

References[edit]

  1. ^ Lambert, Max (1991). Who's Who in New Zealand, 1991 (12th ed.). Auckland: Octopus. p. 10. Retrieved 29 July 2015.
  2. ^ a b Perrott, Alan (7 June 2004). "Queen's Birthday Honours: Justice Noel Anderson". The New Zealand Herald. Retrieved 1 November 2011.
  3. ^ "Queen's Counsel appointments since 1907 as at July 2013" (PDF). Crown Law Office. Archived from the original (PDF) on 29 March 2014. Retrieved 4 September 2013.
  4. ^ "Judge under cloud replaced on four appeal cases". The Dominion Post. 8 June 2010. Retrieved 1 November 2011.
  5. ^ Tūhoe Establishment Trust website
  6. ^ "Former Supreme Court judge Sir Noel Anderson has died". Stuff.co.nz. 14 October 2021. Retrieved 15 October 2021.
  7. ^ Lai v Chamberlains [2005] NZCA 37 (8 March 2005)
  8. ^ Taylor, Alister; Coddington, Deborah (1994). Honoured by the Queen – New Zealand. Auckland: New Zealand Who's Who Aotearoa. p. 47. ISBN 0-908578-34-2.
  9. ^ "Queen's Birthday honours list 2004". Department of the Prime Minister and Cabinet. 7 June 2004. Retrieved 24 March 2019.
  10. ^ "Special honours list 1 August 2009". Department of the Prime Minister and Cabinet. 5 April 2011. Retrieved 24 March 2019.
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