Controversy Erupts Over Minister’s Remarks on Judicial Independence

The ongoing debate surrounding the politicization of judicial appointments in New Zealand intensified following comments made by Workplace Relations Minister Brooke van Velden. Her assertion that members of the Employment Relations Authority (ERA) may believe that “money grows on trees” has drawn significant criticism from various stakeholders, prompting discussions about the independence of judicial bodies.

Reports indicate that Attorney General Judith Collins intervened after van Velden’s remarks, leading to a brief discussion between the two officials on the importance of maintaining an independent ERA. Following this, van Velden affirmed the necessity of such independence in a statement.

A recent case handled by the ERA highlights its role in holding employees accountable for misconduct. The case involved Joanne Adlam, a long-serving office administrator at WVS, a property management company. In August 2020, concerns emerged when the Bond Centre claimed it did not hold a bond for a tenant, which should have been lodged by Adlam. Evidence suggests that Adlam deleted communications regarding this issue, attempting to conceal her actions.

During an investigation, Adlam reportedly confessed to having stolen between $60,000 and $90,000. However, a subsequent financial review revealed a more substantial loss of $881,240.96. The ERA ruled in favor of WVS, awarding damages of $869,112 plus interest, confirming that Adlam’s actions represented a serious breach of her duty to act with integrity and honesty.

In August 2023, van Velden announced four new appointments to the ERA, emphasizing a desire for a better balance of public and private sector experience among its members. She expressed concerns that too many ERA members were exclusively from the public sector, suggesting they might lack an understanding of employer perspectives.

These comments have not gone unnoticed. The New Zealand Council of Trade Unions (CTU) and the Public Service Association (PSA) have called for an apology from van Velden. Fleur Fitzsimons, national secretary of the PSA, described her remarks as improper, asserting they interfere with the ERA’s independence.

CTU President Richard Wagstaff has taken a firmer stance, urging Prime Minister Chris Hipkins to remove van Velden from her ministerial role. He emphasized the critical importance of respecting the independence of judicial bodies and warned against the politicization of appointments, likening the situation to the contentious state of judicial appointments in the United States.

The implications of politicizing judicial appointments are significant for New Zealand’s legal framework. Should the public come to view judicial appointees as extensions of the government, it may undermine the principle of an impartial judiciary. The ongoing situation raises essential questions about the future of judicial independence in New Zealand and the potential consequences of political influence on judicial appointments.