Radio New Zealand - Te Reo Irirangi o Aotearoa

Panel not unconstitutional, court told

Updated at 4:08 pm on 3 September 2010

The High Court in Wellington has been told there was nothing unconstitutional in Acting Attorney-General Judith Collins' decision to set up a panel to investigate a senior judge.

Ms Collins established the panel on the recommendation of Judicial Conduct Commissioner Sir David Gascoigne, who had investigated allegations of bias made against Justice Wilson about his business relationship with a lawyer.

Justice Wilson's lawyer told the court on Thursday that Sir David's investigation did not reveal any misbehaviour on his client's part that could justify his removal from office.

But Solicitor-General David Collins told the court on Friday that there was no requirement that the commissioner find some level of moral turpitude against Justice Wilson before a panel could be formed.

He said it was for the panel and Parliament to state the test against which the judge's behaviour would be examined.

Copyright © 2010, Radio New Zealand