We don't typically list the occasions when the chief justice served as administrator of the government - it becomes too unwieldy otherwise. It's an ex officio acting role
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| honorific-suffix = {{post-nominals|country=NZL|GNZMf|size=100%}} |
| honorific-suffix = {{post-nominals|country=NZL|GNZMf|size=100%}} |
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| image = Helen Winkelmann Sep 2022 (cropped).jpg |
| image = Helen Winkelmann Sep 2022 (cropped).jpg |
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| caption = Winkelmann in |
| caption = Winkelmann in 2022 |
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| office = 13th [[Chief Justice of New Zealand]] |
| office = 13th [[Chief Justice of New Zealand]] |
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| nominator = [[Jacinda Ardern]] |
| nominator = [[Jacinda Ardern]] |
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| profession = [[Barrister]] |
| profession = [[Barrister]] |
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'''Dame Helen Diana Winkelmann''' {{post-nominals|country=NZL|GNZMf|size=85%}} (born 1962) is the 13th and current [[Chief Justice of New Zealand]] |
'''Dame Helen Diana Winkelmann''' {{post-nominals|country=NZL|GNZMf|size=85%}} (born 1962) is the 13th and current [[Chief Justice of New Zealand|chief justice of New Zealand]] – head of the New Zealand judiciary – having been sworn in on 14 March 2019. She is the second woman to hold the position, following her immediate predecessor, [[Sian Elias]]. |
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==Early life and family== |
==Early life and family== |
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Winkelmann began work as a law clerk with Auckland firm Nicholson Gribbin (later Phillips Fox, now [[DLA Piper]]). In 1988, at age 25, Winkelmann became the first female partner and one of the youngest partners ever in the firm's then 117-year history. She remained at that firm until May 2001 when she began practice as a barrister sole specialising in [[insolvency]], commercial litigation and medical disciplinary litigation. |
Winkelmann began work as a law clerk with Auckland firm Nicholson Gribbin (later Phillips Fox, now [[DLA Piper]]). In 1988, at age 25, Winkelmann became the first female partner and one of the youngest partners ever in the firm's then 117-year history. She remained at that firm until May 2001 when she began practice as a barrister sole specialising in [[insolvency]], commercial litigation and medical disciplinary litigation. |
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Winkelmann was appointed a High Court |
Winkelmann was appointed a High Court judge in July 2004 and she was appointed as Chief High Court Judge with effect from 1 February 2010. She remained in that position until her appointment to the Court of Appeal in 2015.<ref name="CNZ" /> |
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As Chief High Court |
As Chief High Court judge, Winkelmann introduced reforms aimed at improving accessibility to the High Court's processes in its civil jurisdiction, improving the timeliness with which the Court dealt with both civil and criminal matters, and improving public understanding of the work of the Courts. These initiatives included the reintroduction of the publication of annual reports for the High Court, which included the Court reporting against judgment timeliness standards, and the introduction of the Higher Courts (now Senior Courts) [[Twitter]] account to improve communications with the public.<ref>{{Cite web|title=Address by the Attorney-General on the occasion of the swearing in of Justice Winkelmann as Chief Justice of New Zealand and Tokelau|url=http://www.beehive.govt.nz/speech/address-attorney-general-occasion-swearing-justice-winkelmann-chief-justice-new-zealand-and|access-date=2021-09-28|website=The Beehive|language=en}}</ref> |
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She has spoken regularly on issues concerning the just and efficient operation of the Courts, and access to justice. This was the topic of her 2014 Ethel Benjamin address, ‘Access to justice, who needs lawyers?’<ref>{{Cite journal|last=Winkelmann|first=Helen|date=2014|title=Access to Justice – Who Needs Lawyers?|url=https://www.otago.ac.nz/law/research/journals/otago109284.pdf|journal=Otago Law Review}}</ref> |
She has spoken regularly on issues concerning the just and efficient operation of the Courts, and access to justice. This was the topic of her 2014 Ethel Benjamin address, ‘Access to justice, who needs lawyers?’<ref>{{Cite journal|last=Winkelmann|first=Helen|date=2014|title=Access to Justice – Who Needs Lawyers?|url=https://www.otago.ac.nz/law/research/journals/otago109284.pdf|journal=Otago Law Review}}</ref> |
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In 2011, following the devastating [[2011 Christchurch earthquake|Canterbury earthquakes]], Winkelmann worked with Justice Miller to set up the Earthquake List in Christchurch. |
In 2011, following the devastating [[2011 Christchurch earthquake|Canterbury earthquakes]], Winkelmann worked with Justice Miller to set up the Earthquake List in Christchurch. The objective of that List was to enable proceedings flowing out of the Christchurch earthquake to be dealt with promptly and in a time frame that met the needs of the community.<ref>{{Cite journal|last=Khouri|first=Nina|date=2017|title=Civil Justice Responses to Natural Disaster: New Zealand's Christchurch High Court Earthquake List|url=https://www.courtsofnz.govt.nz/assets/5-The-Courts/high-court/high-court-lists/earthquake-list-christchurch/cjnk.pdf|journal=Civil Justice Quarterly|volume=36|issue=3|pages=316–362}}</ref> Winkelmann was jointly awarded the Australasian Institute of Judicial Administration Award for Excellence in 2013, for her work in judicial administration flowing out of the Christchurch earthquake.<ref name="CNZ" /> |
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[[File:Helen Winkelmann 2014 (cropped).jpg|thumb|upright|Winkelmann in 2014 when she was Chief High Court Judge]] |
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Winkelmann also worked with other Heads of Bench to establish Court procedures, including opening and closing of the Court day, so that the Court's processes better reflect the two founding cultures of New Zealand, [[Māori people|Māori]] and [[ |
Winkelmann also worked with other Heads of Bench to establish Court procedures, including opening and closing of the Court day, so that the Court's processes better reflect the two founding cultures of New Zealand, [[Māori people|Māori]] and [[Pākehā]].<ref name="CNZ" /> |
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Winkelmann joined the Court of Appeal Bench on 1 June 2015. She held roles as the |
Winkelmann joined the Court of Appeal Bench on 1 June 2015. She held roles as the chief justice's representative on the Council of Law Reporting, and the Chair of the Institute of Judicial Studies. The institute (now Te Kura Kaiwhakawā) provides continued education to judges.<ref>{{Cite web|title=Top job for Justice Helen Winkelmann - The University of Auckland|url=https://www.auckland.ac.nz/en/news/2019/01/07/top-job-for-justice-helen-winkelmann-.html|access-date=2021-09-28|website=www.auckland.ac.nz}}</ref> |
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==Rulings== |
==Rulings== |
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On 17 December 2018, it was announced that Winkelmann would succeed Dame Sian Elias as Chief Justice,<ref name="CNZ"/> and she was sworn in on 14 March 2019,<ref>{{cite web |url=https://www.adls.org.nz/for-the-profession/news-and-opinion/2019/3/15/chief-justice-helen-winkelmann-sworn-in/ |title=Chief Justice Helen Winkelmann sworn in |date=15 March 2019 |publisher=Auckland District Law Society |access-date=16 March 2019}}</ref> becoming the second woman to hold the office. |
On 17 December 2018, it was announced that Winkelmann would succeed Dame Sian Elias as Chief Justice,<ref name="CNZ"/> and she was sworn in on 14 March 2019,<ref>{{cite web |url=https://www.adls.org.nz/for-the-profession/news-and-opinion/2019/3/15/chief-justice-helen-winkelmann-sworn-in/ |title=Chief Justice Helen Winkelmann sworn in |date=15 March 2019 |publisher=Auckland District Law Society |access-date=16 March 2019}}</ref> becoming the second woman to hold the office. |
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In the [[2019 Special Honours (New Zealand)|2019 Special Honours]], in preparation for her taking up the role of Chief Justice, Winkelmann was appointed a [[Dame Grand Companion of the New Zealand Order of Merit]].<ref>{{cite web | url=https://dpmc.govt.nz/publications/special-honours-list-4-march-2019 | title=Special Honours List 4 March 2019 | publisher=Department of the Prime Minister and Cabinet | access-date=4 March 2019}}</ref> |
In the [[2019 Special Honours (New Zealand)|2019 Special Honours]], in preparation for her taking up the role of Chief Justice, Winkelmann was appointed a [[Dame Grand Companion of the New Zealand Order of Merit]].<ref>{{cite web | url=https://dpmc.govt.nz/publications/special-honours-list-4-march-2019 | title=Special Honours List 4 March 2019 | date=4 March 2019 | publisher=Department of the Prime Minister and Cabinet | access-date=4 March 2019}}</ref> |
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==Administrator of the Government== |
=== Administrator of the Government === |
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[[File:Hon Kiritapu Allan and Dame Helen Winkelmann planting a kauri 02.jpg|thumb|Winkelmann (right), as Administrator of the Government, and Minister of Conservation [[Kiri Allan]] plant a [[kauri]] in the grounds of [[Government House, Wellington]], on 16 May 2022, to mark the [[Platinum Jubilee of Elizabeth II]]. Vice-regal consort, [[Richard Davies (doctor)|Richard Davies]] is standing in the background.]] |
[[File:Hon Kiritapu Allan and Dame Helen Winkelmann planting a kauri 02.jpg|thumb|Winkelmann (right), as Administrator of the Government, and Minister of Conservation [[Kiri Allan]] plant a [[kauri]] in the grounds of [[Government House, Wellington]], on 16 May 2022, to mark the [[Platinum Jubilee of Elizabeth II]]. Vice-regal consort, [[Richard Davies (doctor)|Richard Davies]] is standing in the background.]] |
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An important role of the Chief Justice is [[Administrator of the Government#New Zealand|Administrator of the Government]], when the [[Governor-General of New Zealand|Governor-General]] is unable to perform their duties (due to a vacancy in the position, illness, absence from New Zealand or some other cause).<ref>{{Cite web |title=Administrator of the Government |url=https://gg.govt.nz/office-governor-general/conditions-appointment/administrator-government |access-date=2022-09-19 |website=gg.govt.nz |language=en-NZ}}</ref> Winkelmann has filled this position six times: when the governors-general [[Patsy Reddy]] and [[Cindy Kiro]] were overseas and during the [[interregnum]] between the two governors-general. <ref>{{cite web|title=GG Trip to Japan|date=24 October 2019 |url=https://gg.govt.nz/governor-general/blog/2019/10/official-visit-japan|access-date=9 July 2021|publisher=Officeof the Governor-general}}</ref><ref>{{cite web | url=https://gg.govt.nz/governor-general/blog/2021/06/state-visit-australia | title=GG Trip to Australia | date=7 June 2021 | publisher=Office of the Governor-general | access-date=9 July 2021}}</ref><ref>{{cite news |title=Dame Cindy Kiro sworn in as Governor-General |url=https://www.rnz.co.nz/news/national/453964/dame-cindy-kiro-sworn-in-as-governor-general |access-date=20 October 2021 |publisher=RNZ |date=21 October 2021}}</ref><ref>{{cite web |title=Launch of the Trees that Count Legacy Project for the Platinum Jubilee |url=https://gg.govt.nz/governor-general/blog/2022/05/launch-trees-count-legacy-project-platinum-jubilee |access-date=16 May 2022 |publisher=Office of the governor-general |date=16 May 2022}}</ref><ref>{{Cite web|date=2021-09-28|title=Dame Patsy Reddy ends term as Governor General|url=https://www.odt.co.nz/star-news/star-national/dame-patsy-reddy-ends-term-governor-general|access-date=2021-09-28|website=Otago Daily Times Online News|language=en}}</ref><ref>{{cite web |url=https://gg.govt.nz/governor-general/blog/2022/06/administrator-attends-service-celebration-platinum-jubilee |title=The Administrator attends the Service of Celebration for the Platinum Jubilee |date=3 June 2022 |publisher=Government House |access-date=13 June 2022}}</ref> |
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The first occasion was in 2019 when [[Patsy Reddy]] and [[David Gascoigne]] visited Japan and South Korea in 2019, and the second was during Reddy's state visit to Australia in 2021.<ref>{{cite web|title=GG Trip to Japan|url=https://gg.govt.nz/governor-general/blog/2019/10/official-visit-japan|access-date=9 July 2021|publisher=Office of the Governor-general}}</ref><ref>{{cite web | url=https://gg.govt.nz/governor-general/blog/2021/06/state-visit-australia | title=GG Trip to Australia | publisher=Office of the Governor-general | access-date=9 July 2021}}</ref> The third period during which Winkelmann served as administrator was during the interregnum between the vice-regal terms of Patsy Reddy and [[Cindy Kiro]], from 29 September to 21 October 2021.<ref>{{Cite web|date=2021-09-28|title=Dame Patsy Reddy ends term as Governor General|url=https://www.odt.co.nz/star-news/star-national/dame-patsy-reddy-ends-term-governor-general|access-date=2021-09-28|website=Otago Daily Times Online News|language=en}}</ref><ref>{{cite news |title=Dame Cindy Kiro sworn in as Governor-General |url=https://www.rnz.co.nz/news/national/453964/dame-cindy-kiro-sworn-in-as-governor-general |access-date=20 October 2021 |publisher=RNZ |date=21 October 2021}}</ref> |
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Winkelmann acted as administrator three times in 2022, the first when Kiro was overseas representing New Zealand at the official condolence ceremony for Sheikh [[Khalifa bin Zayed Al Nahyan]], the late president of the United Arab Emirates.<ref>{{cite web |title=Launch of the Trees that Count Legacy Project for the Platinum Jubilee |url=https://gg.govt.nz/governor-general/blog/2022/05/launch-trees-count-legacy-project-platinum-jubilee |access-date=16 May 2022 |publisher=Office of the governor-general |date=16 May 2022}}</ref> Then again in early June 2022 when Kiro and [[Richard Davies (doctor)|Richard Davies]] travelled to London for celebrations marking the [[Platinum Jubilee of Elizabeth II]].<ref>{{cite web |url=https://gg.govt.nz/governor-general/blog/2022/06/administrator-attends-service-celebration-platinum-jubilee |title=The Administrator attends the Service of Celebration for the Platinum Jubilee |date=3 June 2022 |publisher=Government House |access-date=13 June 2022}}</ref> |
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==References== |
==References== |
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{{s-bef|before=[[ |
{{s-bef|before=[[Gerry Brownlee]]|as=[[Speaker of the New Zealand House of Representatives|Speaker of the House of Representatives]]}} |
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{{s-ttl|title=[[New Zealand order of precedence|Order of Precedence of New Zealand]]<br>''{{small|as [[Chief Justice of New Zealand|Chief Justice]]}}''|years=2019–present}} |
{{s-ttl|title=[[New Zealand order of precedence|Order of Precedence of New Zealand]]<br>''{{small|as [[Chief Justice of New Zealand|Chief Justice]]}}''|years=2019–present}} |
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{{s-aft|after=[[ |
{{s-aft|after=[[Alfredo Pérez Bravo ]]|as=[[Diplomatic Corps#Doyen of the Diplomatic Corps|The Dean of the Diplomatic Corps]]}} |
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{{s-bef|before=[[Charles III]]|as=[[Monarchy of New Zealand|King]]}} |
{{s-bef|before=[[Charles III]]|as=[[Monarchy of New Zealand|King]]}} |
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{{s-ttl|title=[[New Zealand order of precedence|Order of Precedence of New Zealand]]<br>''{{small|as [[Administrator of the Government#New Zealand|Administrator of the Government]]}}''|years=}} |
{{s-ttl|title=[[New Zealand order of precedence|Order of Precedence of New Zealand]]<br>''{{small|as [[Administrator of the Government#New Zealand|Administrator of the Government]]}}''|years=}} |
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{{s-aft|after=[[Christopher Luxon]]|as=[[Prime Minister of New Zealand|Prime Minister]]}} |
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[[Category:21st-century New Zealand judges]] |
[[Category:21st-century New Zealand judges]] |
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[[Category:Constitutional court women judges]] |
[[Category:Constitutional court women judges]] |
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[[Category: |
[[Category:Lawyers from Auckland]] |
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[[Category:People educated at Lynfield College]] |
[[Category:People educated at Lynfield College]] |
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[[Category:Dames Grand Companion of the New Zealand Order of Merit]] |
[[Category:Dames Grand Companion of the New Zealand Order of Merit]] |
Dame Helen Winkelmann
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![]()
Winkelmann in 2022
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13th Chief Justice of New Zealand | |
Assumed office 14 March 2019 | |
Nominated by | Jacinda Ardern |
Appointed by | Patsy Reddy |
Preceded by | Sian Elias |
Personal details | |
Born | 1962 (age 61–62) |
Alma mater | University of Auckland |
Profession | Barrister |
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Dame Helen Diana Winkelmann GNZM (born 1962) is the 13th and current chief justice of New Zealand – head of the New Zealand judiciary – having been sworn in on 14 March 2019. She is the second woman to hold the position, following her immediate predecessor, Sian Elias.
Winkelmann was born in 1962 to Kathleen Winkelmann (née Papich), of Croatian descent, and her husband Douglas Winkelmann.[citation needed] She was raised in the Auckland suburb of Blockhouse Bay, and educated at Lynfield College.[1] She went on to study history and law at the University of Auckland, with a focus on commercial law, and graduated with a Bachelor of Laws and Bachelor of Arts in history.[1] She was awarded the Auckland District Law Society Centenary Prize for best undergraduate degree, and was admitted to the bar in 1985.[1]
Winkelmann's sister is the New Zealand fashion designer Adrienne Winkelmann.[2]
Winkelmann began work as a law clerk with Auckland firm Nicholson Gribbin (later Phillips Fox, now DLA Piper). In 1988, at age 25, Winkelmann became the first female partner and one of the youngest partners ever in the firm's then 117-year history. She remained at that firm until May 2001 when she began practice as a barrister sole specialising in insolvency, commercial litigation and medical disciplinary litigation.
Winkelmann was appointed a High Court judge in July 2004 and she was appointed as Chief High Court Judge with effect from 1 February 2010. She remained in that position until her appointment to the Court of Appeal in 2015.[1]
As Chief High Court judge, Winkelmann introduced reforms aimed at improving accessibility to the High Court's processes in its civil jurisdiction, improving the timeliness with which the Court dealt with both civil and criminal matters, and improving public understanding of the work of the Courts. These initiatives included the reintroduction of the publication of annual reports for the High Court, which included the Court reporting against judgment timeliness standards, and the introduction of the Higher Courts (now Senior Courts) Twitter account to improve communications with the public.[3]
She has spoken regularly on issues concerning the just and efficient operation of the Courts, and access to justice. This was the topic of her 2014 Ethel Benjamin address, ‘Access to justice, who needs lawyers?’[4]
In 2011, following the devastating Canterbury earthquakes, Winkelmann worked with Justice Miller to set up the Earthquake List in Christchurch. The objective of that List was to enable proceedings flowing out of the Christchurch earthquake to be dealt with promptly and in a time frame that met the needs of the community.[5] Winkelmann was jointly awarded the Australasian Institute of Judicial Administration Award for Excellence in 2013, for her work in judicial administration flowing out of the Christchurch earthquake.[1]
Winkelmann also worked with other Heads of Bench to establish Court procedures, including opening and closing of the Court day, so that the Court's processes better reflect the two founding cultures of New Zealand, Māori and Pākehā.[1]
Winkelmann joined the Court of Appeal Bench on 1 June 2015. She held roles as the chief justice's representative on the Council of Law Reporting, and the Chair of the Institute of Judicial Studies. The institute (now Te Kura Kaiwhakawā) provides continued education to judges.[6]
In the high-profile case where US authorities were seeking to have Kim Dotcom arrested and extradited, Winkelmann ruled on 28 June 2012 that the warrants used to seize Dotcom's property were illegal because they were too broad. "These categories of items were defined in such a way that they would inevitably capture within them both relevant and irrelevant material. The police acted on this authorization. The warrants could not authorize seizure of irrelevant material, and are therefore invalid."[7] Winkelmann also ruled that the handing of hard drives seized by New Zealand police in the raid to the FBI was in breach of extradition legislation, and the FBI's removal from New Zealand of cloned data from them was unlawful.[7]
On 17 December 2018, it was announced that Winkelmann would succeed Dame Sian Elias as Chief Justice,[1] and she was sworn in on 14 March 2019,[8] becoming the second woman to hold the office.
In the 2019 Special Honours, in preparation for her taking up the role of Chief Justice, Winkelmann was appointed a Dame Grand Companion of the New Zealand Order of Merit.[9]
An important role of the Chief Justice is Administrator of the Government, when the Governor-General is unable to perform their duties (due to a vacancy in the position, illness, absence from New Zealand or some other cause).[10] Winkelmann has filled this position six times: when the governors-general Patsy Reddy and Cindy Kiro were overseas and during the interregnum between the two governors-general. [11][12][13][14][15][16]
Legal offices | ||
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Preceded by | Chief Justice of New Zealand 2019–present |
Incumbent |
Order of precedence | ||
Preceded by asSpeaker of the House of Representatives | Order of Precedence of New Zealand asChief Justice 2019–present |
Succeeded by asThe Dean of the Diplomatic Corps |
Preceded by asKing | Order of Precedence of New Zealand asAdministrator of the Government |
Succeeded by asPrime Minister |