Chief District Court Judge Heemi Taumaunu has expressed regret that, owing to an eligibility issue discovered following the appointment process, lawyer Matthew Nathan is unable to become a District Court judge at this time.

Mr Nathan’s appointment was announced on 12 July, and he was due to be sworn in later this month.

However, it was later realised that Mr Nathan is not eligible because he has not held a New Zealand practising certificate for the length of time required under the District Court Act(external link).  The substantial period during which he held an Australian practising certificate cannot be counted for this purpose, which cannot be overcome by the provisions of the Trans-Tasman Mutual Recognition Act.

“Mr Nathan holds great mana within the legal profession, his iwi and his community. His expertise in the law, combined with his strong sense of public service, made him an outstanding applicant for judicial appointment. It is a true loss for the District Court that his appointment cannot go ahead at this time,” Chief Judge Taumaunu said.

“Mr Nathan provided the correct information for the application process and had every reason to trust the process. He was anticipating beginning judicial appointment in the very near future. That he will not be taking that appointment is understandably very disappointing to him, to his whānau, and to us.”

The Secretary for Justice Andrew Kibblewhite has conveyed his apologies to Mr Nathan and to the Chief District Court Judge.

“A number of parties, including the Ministry, take part in the appointments process and we are now making changes to ensure this doesn’t happen again,” Mr Kibblewhite said.

Judge Taumaunu said assumptions were made throughout the process that Mr Nathan was eligible, once the initial process had not picked up the error.

Judge Taumaunu said he has also conveyed his apologies to Mr Nathan.

“He is eminently suitable to be a Judge – quite simply, an outstanding candidate.”

Chief Justice, Dame Helen Winkelmann intends to meet with Mr Nathan to express her regret at the situation.

Background - Eligibility criteria

The statutory requirement under the District Court Act is that candidates for appointment to the District Court have held a New Zealand practising certificate for seven years.

The expression of interest form for becoming a Judge notes that a practising certificate is required but does not specify a New Zealand practising certificate and does not ask candidates to confirm whether they meet the practising certificate requirement.

Mr Nathan studied law at Queensland University of Technology and has extensive legal experience in Australia. He practised as a Crown Prosecutor in Queensland from 2001-2008, as a Senior Crown Prosecutor and Deputy Director of Public Prosecutions in Northern Territory Australia from 2008-2021.

He received his New Zealand practicing certificate in 2021. He has worked as a special counsel at Meredith Connell and was invited to join the Meredith Connell Partnership in 2023.

Background -The appointment process

Expressions of interest in becoming a District Court Judge are managed by the judicial appointments unit within the Ministry of Justice. Checks on the suitability of candidates are made with Crown Law and the New Zealand Law Society.

A shortlist is interviewed by a panel chaired by the Chief District Court Judge and recommendations made to the Attorney General. The Judge is then appointed by the Governor-General acting on the advice of the Attorney-General.