High Court Rules Minister Paul Goldsmith’s Appointments Unlawful

The High Court of New Zealand has determined that the appointments of Stephen Rainbow as Human Rights Commissioner and Melissa Derby as Race Relations Commissioner were made unlawfully by Paul Goldsmith, the Minister of Justice. This ruling has significant implications for the governance of human rights and race relations in the country.

In its decision, the court found that Goldsmith failed to apply the correct legal test during the appointment process. Additionally, the ruling highlighted that he did not take into account mandatory considerations that should have been part of the evaluation. The case stemmed from a challenge by human rights advocate Paul Thistoll, who argued against the minister’s decision to appoint Rainbow and Derby.

While the court upheld two of Thistoll’s arguments, it dismissed others, including claims that Goldsmith breached a “legitimate expectation” and that his decision was unreasonable. The ruling underscores the importance of adhering to legal protocols in public appointments, particularly in roles that are crucial to protecting human rights and promoting racial equality.

Goldsmith has publicly acknowledged the court’s findings and indicated he is currently seeking legal advice regarding the judgment. He stated that he is considering “next steps,” which may include a potential appeal against the ruling.

This situation raises important questions about the processes involved in appointing individuals to significant roles within the Human Rights Commission and the Race Relations Commission. Both positions hold critical responsibilities in ensuring that New Zealand adheres to its commitments to protect and promote human rights.

As the government navigates the implications of this ruling, the focus will likely shift to how it addresses the deficiencies highlighted by the court. The outcome of Goldsmith’s review and any subsequent actions he may take will be closely monitored by legal experts, human rights advocates, and the public.

The High Court’s ruling serves as a reminder of the necessity for transparency and accountability in governmental appointments, particularly in sensitive areas that impact the lives of many New Zealanders. As the situation unfolds, stakeholders from various sectors will be keen to see how the government responds to restore confidence in its appointment processes.