Supreme Court of New Zealand

ISSUE 1 Winter 2007

An occasional publication marking milestones in the Supreme Court Building Project

Message from the Hon Rick Barker, Minister for Courts

Attending the blessing of the site for New Zealand’s new Supreme Court Building recently was a moving experience for me personally. It gave appropriate dignity to this important step forward on the path to the construction of the Court’s new home in a truly unique New Zealand way.

The Supreme Court Project is an important piece of work, not just for Courts, but for all New Zealand. We cannot over-emphasise the importance of the Supreme Court to this country’s justice system. Our generation is entrusted with the restoration of an important historic building for future generations and for a new building that will last 100 years. It will be something we can all be proud of.

BLESSING RECOGNISES PARTNERSHIP AND COLLABORATION

An important milestone in the development of New Zealand’s new Supreme Court took place on May 23 with a blessing ceremony both in Justice Park and inside the historic Old High
Court Building in Wellington.

Kaumatua, associated with the iwi represented by the Wellington Tenths Trust, blessed the sites that were once part of Wellington’s harbour.

Secretary for Justice Belinda Clark said the significant event was a credit to the partnership and collaboration of a “huge number of people over a long period of time”. She acknowledged the teamwork of lawyers, designers, planners, the Wellington City Council, and Ministry staff and thanked them for their support, dedication, time and when needed, a willingness to compromise.

Four Supreme Court judges, the Right Honourable Justice Blanchard, the Right Honourable Justice Tipping, the Honourable Justice McGrath and the Honourable Justice Anderson attended the blessing ceremony.

The Right Honourable Justice Blanchard addressed the gathering, admiring “this wonderful site that has seen so much judicial life since the 1870s”.

Justice Blanchard said he was delighted the existing building will be preserved and used while noting plans for the future development as both functional and doing the justice system proud.

Minister for Courts, the Hon Rick Barker addresses the gathering at the blessing of the new Supreme Court building site. At right, Secretary for Justice Belinda Clark and Supreme Court Judge, the Right Hon Justice Blanchard.

BUDGET APPROVED

The approval of $45.9 million of capital funding over 2007/2008 and 2008/2009 in Budget 2007 was the confirmation needed to ensure the restoration of the 1881 Old High Court Building and the construction of a new building in a contemporary style. This funding is in addition to initial estimated funding provided in the 2003 budget of $19.25 million for the restoration of the Old High Court Building, to provide a total project funding of $65.1 million.

A large proportion of the total cost ($25.3 million) will be spent on restoring the Old High Court Building, including base isolation for seismic protection.

Extensive work was done to ensure the design concept complies with the existing District Plan, proposed District Plan changes and Resource Management Act requirements.

It is expected construction will be completed for occupation in 2009.

The Old High Court Building as it stands today. The building was known as the Supreme Court from the time it opened in 1881 until 1980; it was then known as the High Court until it closed in 1993. Today it is called the Old High Court Building or the Old Supreme Court.

SITE PREPARATION

Since the blessing, site preparations have begun and are expected to take three months. This will include clearance of the park site with the relocation of the established pohutukawa trees by the Wellington City Council, demolition of some of the additions to the rear of the Old High Court Building and archaeological investigations.

Mr Barker, who recently visited the site to view the removal for storage of the some heritage materials windows, doors from parts of the old building and site excavations said, “The restoration project has the support of the New Zealand Historic Places Trust and will help us return the Old High Court Building to its former glory.”

SUPREME COURT – WHAT IT DOES

The Supreme Court Act 2003 established the Supreme Court
of New Zealand as New Zealand’s court of final appeal
from 1 January 2004.

Since it received its first application for leave to appeal in March 2004, the Supreme Court as at 19 June 2007 had received 259 applications for leave to appeal. The range of law involved – including criminal, employment, family, resource management, patents – reflects the Court’s broader jurisdiction.

APPLICATIONS FOR LEAVE TO APPEAL TO THE SUPREME COURT

The Supreme Court has a broader jurisdiction than the Privy Council. All appellants must apply for leave to appeal. In 2004 the Court received 47 applications for leave to appeal, of which nine were granted leave to appeal.
In the 2005 calendar year, the Supreme Court received 75 applications for leave to appeal, and 25 applications were granted leave.

In the 2006 calendar year, the Supreme Court received 98 applications for leave to appeal, and 27 applications were granted leave.

As at 19 June 2007, 39 applications for leave to appeal had been fled, and 9 applications granted.

During its examination of the Supreme Court Bill, the Justice and Electoral Committee recommended that the Court be required to briefly state, in general terms, reasons for refusing to give leave to appeal. This is now required by section 16 of the Supreme Court Act 2003. Most decisions are two-three pages long and all are available on the Supreme Court’s website www.courtsofnz.govt.nz/supremecourt/. When leave to appeal is granted, some decisions state the questions to be examined by the Court.

Supreme Court Appeals

Since 1 July 2004, 58 appeals have been heard, and 49 judgements issued. Of the 58 appeals, 25 have been allowed, 5 being criminal appeals and 20 civil appeals.

Supreme Court Judges

The Supreme Court comprises five judges, as follows:

• The Chief Justice, The Right Honourable Dame Sian Elias
• The Right Honourable Justice Blanchard
• The Right Honourable Justice Tipping
• The Honourable Justice McGrath.
• The Honourable Justice Anderson

CONSULTATION HAD BIG ROLE IN DESIGN DEVELOPMENT

The development of the Supreme Court Building design involved a wide range of consultation
including Supreme Court Judiciary, Historic Places Trust, Ministry for Culture and Heritage,
Ministry for the Environment and the Wellington City Council.

The brief given to architects Warren and Mahoney required a building befitting the highest court in the land.

Architect Roy Wilson says the concept of a free-standing visible courtroom will act as a metaphor for promoting justice to be “transparent and open”.

Judges will preside in the court space at eye-level with legal colleagues and the public to encourage an atmosphere of inclusiveness and reflect a sense of equality.

“The single courtroom at the centre will be visible from the street, representing the transparency and openness of justice,” Mr Wilson said.

With the use of sustainable New Zealand timbers, and a sheltering bronze screen of rata and pohutukawa, the building environment will have a uniquely New Zealand atmosphere. A robust concrete structure surrounds the court, containing judge’s chambers, a library, public and administration spaces, and links to the adjacent former Old High Court Building, which will be fully earthquake strengthened and renovated in the process of construction.

It is proposed to construct a building that will complement the existing “city-scape” and environment and add to the amenities of the city and New Zealand. Extensive consultation has taken place with the Judiciary and the proposed building has been designed to meet their needs and those required for the Supreme Court.

The building is divided into two distinct forms with the old building sitting close to the new building. The new building façade is symmetrical and respectfully works to similar rhythm as the existing historic façade. It is constructed in a simple form two storey glass box with a cast bronze screen.

“The pattern of the screen reflects the imagery of pohutukawa and rata branches,” Mr Wilson says. “These trees symbolise and link both North and South Islands, while the pohutukawa offer strength, longevity, shelter, and protection. They are bound together by the rata.”

The building is designed to meet needs for the next 100 years and to be a symbol of New Zealand’s highest court.

THE RACE IS ON!

Coincidentally, as New Zealand’s new Supreme Court Building Project is underway, the same process is concurrently taking place in the UK.

Work on the British Supreme Court neighbouring Parliament Square began in mid-June. The estimated cost for setting up the Supreme Court is 56.9 million pounds. It is expected to open for business in October 2009.

Architect’s impression of the completed Supreme Court Building Project

SUPREME COURT BUILDING PROJECT TEAM

A project of the dimension of the Supreme Court Building requires the input and management by a wide range of specialists in a number of different areas. Some of the key players are:

Project Sponsor:
Andrew Hampton, General Manager, Higher Courts

Project Director:
Bruce McLean, The Project Company

Project Manager:
Ian Macaskill, The Building Intelligence Group

Project Advisor:
Joanne Jeppesen

Architect:
Roy Wilson,
Warren and Mahoney

Structural Engineer:
Jason Milburn, Holmes Consulting Group

Services Engineer:
Graeme Smith, Norman Disney Young

Quantity Surveyor:
Peter Homes, PHC Ltd

Conservation Architect:
Chris Cochran

DESIGN RESPECTS HISTORIC HERITAGE

The Supreme Court Building design has the support of the New Zealand Historic Places Trust (NZHPT).

The Trust has been integrally involved in planning for the former Old High Court Building which chief executive Bruce Chapman says has “exceptional historical significance” and is registered as a Category 1 historic place.

“From the beginning, NZHPT advocated strongly for the retention of the historic building, including its utility values and noted building fabric, and for adaptation with minimal changes to meet new functional requirements,” Mr Chapman said.

He said this will be achieved with full restoration of significant interior spaces, including the Number 1 Courtroom.

“This will have a new life for ceremonial and associated judicial purposes.”

The new building, while clearly of its time, he said, does not mimic the architectural style of the historic building, but will be of a size, scale, massing modulation and shape that are both compatible and sympathetic to the old.

“The Supreme Court redevelopment will keep alive the stories of New Zealand’s judicial history for future generations to appreciate and enjoy.”

Above left: The Old High Court Building foyer.
Below left: The Judges’ rostrum in the Old High Court Building Number 1 Courtroom.

CONSERVATION REPORT RECOGNISES HERITAGE VALUES

As part of the planning process for the Supreme Court Project, the Ministry of Justice commissioned a conservation report for the Old High Court Building, built in 1881, which was prepared by conservation architect Chris Cochran.

The report comprises detailed examination of both the site and Old High Court Building as well as other buildings in the vicinity. It also has extensive assessment of the building’s significance and requirements for conservation.

It includes stories of the architects, builders and tradesmen involved, from principal architect Pierre Burrows right through to the Mt Cook prison workers who made the bricks.

It also gives details of some notable cases heard in the Supreme Court between 1881 and 1993.

For example:

Trial of Edward Lionel Terry, 21 November 1905

Before Chief Justice Sir Robert Stout

An elderly Chinese man, Joe Kum Young, was found murdered in Haining Street, Wellington on 25 September 1905. Shortly after, the police received a visit from 31-year-old Lionel Terry, a recent immigrant from England, who confessed he had shot Joe Kum Young because he was of an alien race. In the trial, Sir Robert told the jury that the only question was whether Terry was sane when he killed Joe Kum Young. The jury brought in the verdict of guilty with a strong recommendation to mercy on the grounds that the prisoner was not responsible for his action as he was suffering from “a craze” caused by his intense hatred towards the mixing of British and alien races. The death sentence was commuted to life imprisonment and Terry spent the rest of his days in and out of institutions for the insane.

The views and comments in this newsletter do not necessarily reflect the opinions of the Ministry of Justice. Material published may be reproduced by asking permission from Ministry of Justice, Communications Unit, Tel: 04 918-8800. For further project information email joanne.jeppesen@justice.govt.nz

ISSN 0113-2660