Sian Elias

{{short description|New Zealand judge, and 12th Chief Justice of New Zealand}}

{{Infobox officeholder

|honorific-prefix = The Right Honourable Dame

|name = Sian Elias

|honorific-suffix = {{post-nominals|country=NZL|GNZMf|KC|size=100%}}

|office = 12th Chief Justice of New Zealand

|nominator = Jenny Shipley

|appointer = Sir Michael Hardie Boys

|term_start = 17 May 1999

|term_end = 13 March 2019

|predecessor = Thomas Eichelbaum

|successor = Helen Winkelmann

|image = Sian Elias.jpg

|office2 = Administrator of the Government
(Acting Governor-General)

|monarch2 = Elizabeth II

|primeminister2 = John Key

|term_start2 = 31 August 2016

|term_end2 = 28 September 2016

|monarch3 = Elizabeth II

|primeminister3 = John Key

|term_start3 = 23 August 2011

|term_end3 = 31 August 2011

|monarch4 = Elizabeth II

|primeminister4 = Helen Clark

|term_start4 = 4 August 2006

|term_end4 = 23 August 2006

|monarch5 = Elizabeth II

|primeminister5 = Helen Clark

|term_start5 = 22 March 2001

|term_end5 = 4 April 2001

|birth_name = Sian Seerpoohi Elias

|birth_date = {{birth date and age|df=yes|1949|3|13}}

|birth_place = London, England

|death_date =

|death_place =

|spouse = Hugh Fletcher

|children = Two

|awards = New Zealand 1990 Commemoration Medal

|alma_mater = University of Auckland
Stanford Law School

|profession = Barrister

}}

Dame Sian Seerpoohi Elias {{post-nominals|country=NZL|GNZMf|KC|PC}}[http://www.dpmc.govt.nz/honours/overview/rthon.html Department of the Prime Minister & Cabinet] {{webarchive|url=https://web.archive.org/web/20110513234624/http://www.dpmc.govt.nz/honours/overview/rthon.html |date=13 May 2011 }} (born 13 March 1949) was the 12th chief justice of New Zealand,{{cite web |title=Chief Justice - retired March 2019 |url=https://www.courtsofnz.govt.nz/about-the-judiciary/role-judges/chiefjustice-retired/ |website=Courts of New Zealand |access-date=12 February 2020}} and was therefore the most senior member of the country's judiciary. She was the presiding judge of the Supreme Court of New Zealand and on several occasions acted as administrator of the Government.

Early life and family

Born in London of an Armenian father and a Welsh mother (hence her Welsh forename and Armenian surname), Elias arrived in New Zealand in 1952, and later attended Diocesan School for Girls in Auckland.{{cite book |last1=Taylor |first1=Alister |last2=Coddington |first2=Deborah |author-link1=Alister Taylor |author-link2=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=133}} She completed a law degree from the University of Auckland in 1970, and then undertook further study at Stanford University. She took up employment with an Auckland law firm in 1972, beginning her career as a barrister three years later. She also served as a member of the Motor Spirits Licensing Appeal Authority and of the Working Party on the Environment.{{cn|date=November 2024}}

Elias is married to Hugh Fletcher, former CEO of Fletcher Challenge and a former Chancellor of the University of Auckland.

Early judicial career

Elias served as a Law Commissioner from 1984 to 1988. She is also known for her work in relation to various Treaty-related cases. In 1990, she was awarded a New Zealand 1990 Commemoration Medal in recognition of her services. In 1988 she and Lowell Goddard were made the first women Queen's Counsel in New Zealand. Elias became a judge of the High Court in 1995, and occasionally sat on the Court of Appeal.{{cite news | url=http://www.nzherald.co.nz/who-runs-nz/news/article.cfm?c_id=1500896&objectid=10117345 | title=Elias—top judge and judicial activist | work=The New Zealand Herald | date=28 March 2005 | access-date=5 August 2010 }}

Chief Justice

File:Dame Patsy Reddy and Chief Justice, Dame Sian Elias.jpg, 28 September 2016]]

On 17 May 1999, Elias was sworn in as Chief Justice of New Zealand, the first woman to hold that position in New Zealand.{{cite web|last1=Woods|first1=Angela|title=Women in charge: Female Governor-General, Chief Justice and now PM|url=http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=11935134|work=The New Zealand Herald|access-date=22 December 2017|language=en-NZ|date=20 October 2017}} In the 1999 Queen's Birthday Honours, she was appointed a Dame Grand Companion of the New Zealand Order of Merit.{{cite web |url=https://dpmc.govt.nz/publications/queens-birthday-honours-list-1999-including-niue |title=Queen's Birthday honours list 1999 (including Niue) |date=7 June 1999 |publisher=Department of the Prime Minister and Cabinet |access-date=5 July 2020}}

= Service as Administrator of the Government =

One aspect of the role of chief justice that of administrator of the Government when the governor-general is unable to fulfil their duties (due to a vacancy in the position, illness, absence from New Zealand or some other cause).[http://www.legislation.govt.nz/regulation/public/1983/0225/latest/DLM90805.html?src=qs Sect 12 (SR 1983/225) Letters Patent Constituting the Office of Governor-General of New Zealand] Elias most prominently held the role of administrator of the Government from 22 March 2001 until 4 April 2001, between the terms of Sir Michael Hardie Boys and Dame Silvia Cartwright, from 4 August 2006 until 23 August 2006 between Cartwright's term and that of Sir Anand Satyanand, from 23 August 2011 until 31 August 2011 between the terms of Satyanand and Sir Jerry Mateparae, from 31 August 2016 until 28 September 2016 between the terms of Mateparae and Dame Patsy Reddy, and at other times when the governor-general has been unable to act.

= Support for Māori Treaty claims =

In 1984, Elias helped Ngāneko Minhinnick's Manukau Harbour claim to the Waitangi Tribunal. This led to work on other treaty cases, including as counsel in New Zealand Maori Council v Attorney-General, and in a claim to prevent the Government selling radio frequencies, and the case challenging the 1994 Māori electoral option. In June 2003 she was involved in a landmark case which allowed for the possibility that the Māori Land Court could issue freehold title over the foreshore and seabed. The subsequent legal uncertainties and upheavals in Māoridom dominated the political agenda for the next 18 months.[http://www.nzherald.co.nz/who-runs-nz/news/article.cfm?c_id=1500896&objectid=10117345 Elias – top judge and judicial activist], NZ Herald 28 March 2005

= The Blameless Babes speech =

In July 2009, Elias caused controversy with her remarks in the annual Shirley Smith address, organised by the Wellington Branch of the New Zealand Law Society's Women-in-Law committee. The annual lecture is given in honour of noted criminal defence lawyer, Shirley Smith. The speech was entitled "Blameless Babes" after a quote from Smith, who wrote "[providing] a prison at the bottom of the cliff is not a solution. Criminals will just go on falling into it, at great cost to the community. We have to find out why blameless babes become criminals."Shirley Smith "Kneejerk reaction" The Dominion (17 November 1999, ed 2, 12).

In her speech, Elias expressed concern about prison overcrowding and argued against what she described as the "punitive and knee-jerk" attitude of politicians towards the criminal justice system.{{cite news|url=http://media.nzherald.co.nz/webcontent/document/pdf/Chief%20Justice%27s%20jails%20speech.pdf|title=Blameless Babes—2009 Shirley Smith Address|author=Dame Sian Elias|date=9 July 2009|work=The New Zealand Herald}}

As a final point, Elias said that unless New Zealand takes action to address the underlying causes of crime, Government may be forced into the position of using executive amnesties to reduce the growing number of prisoners. The Chief Justice's comments were widely reported in the media. Simon Power, the Minister of Justice, said in response: "The Chief Justice's speech does not represent Government policy in any way, shape or form".[http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=10585005 Irate Power tells Chief Justice to butt out of policy], NZ Herald 17 July 2009

References

External links

[https://web.archive.org/web/20111001033908/http://www.courtsofnz.govt.nz/about/judges/current-chief Courts of New Zealand] – The Current Chief Justice