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Ex coroner named as person at centre of conduct inquiry

Author
NZ Herald ,
Publish Date
Mon, 25 Jul 2022, 2:58pm
District Court Judge Lawrence Hinton, panel Chair Chief High Court Judge Justice Susan Thomas, and former diplomat Jacqueline Caine presided over today's hearing. Photo / Melissa Nightingale
District Court Judge Lawrence Hinton, panel Chair Chief High Court Judge Justice Susan Thomas, and former diplomat Jacqueline Caine presided over today's hearing. Photo / Melissa Nightingale

Ex coroner named as person at centre of conduct inquiry

Author
NZ Herald ,
Publish Date
Mon, 25 Jul 2022, 2:58pm

A Coroner who resigned after allegations of serious misconduct can now be named.

In a decision released today, former Coroner Sarn Herdson was named as the person at the centre of the controversy.

The judicial panel assigned to investigate her conduct decided it was not satisfied she would suffer reputational damage to the point that it overrode the public interest, or the presumption of open justice.

"The Panel considered that, if all details were suppressed, the impartiality and integrity of the judicial system may be brought into question."

The background of the complaint against Herdson was also released – however, as the panel had not had to consider it due to Herdson's resignation it was only briefly mentioned.

She was alleged to have either authored, or been "otherwise involved in" the drafting and or sending of letters to the Judicial Conduct Commissioner in 2021, through which there appeared to be an attempt to give this person "instant credibility through false authorship".

The person has permanent name suppression.

Herdson denies the allegations, but resigned from her position in August 2021 - less than a month after the Attorney-General assigned a judicial conduct panel.

During discussion in the Wellington District Court in April of this year, the team representing Herdson argued that the jurisdiction of the panel was clear; the fact their client no longer sat in office as a member of the judiciary deemed the process moot.

Paul Wicks QC argued that if the judge was no longer a judge, there was no need to remove them.

However special counsel Dale La Hood argued for the continuation of the process, and said the fact the complaint had reached the stage it has, gave base to the argument that the alleged conduct of Herdson should be scrutinised.

The process, La Hood said, was to maintain standards and public protection as well as maintain the integrity of the judicial system.

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