New Zealand is “concerned” the Kiribati government has replaced its chief judge, a New Zealander, with the Kiribati attorney-general in a possible breach of the separation of powers.
The Kiribati government has been battling its judiciary, suspending four New Zealand judges and attempting to deport and limit the term of a High Court judge, David Lambourne, who is the husband of the country’s opposition leader.
Kiribati’s chief justice, Bill Hastings, a New Zealand judge, was suspended in July after ruling in favour of a case taken by Lambourne. Three court of appeal judges, also from New Zealand, were also suspended for ruling in Lambourne’s favour.
The Kiribati government last week appointed its attorney-general, Tetiro Semilota, as acting chief justice, in place of Hastings. She would be the first I-Kiribati and first woman to hold the top judicial rank.
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The office of president Taneti Maamau has not confirmed whether the acting chief justice would remain attorney-general.
The president’s office did not respond to a request for comment, nor did Semilota.
A Ministry of Foreign Affairs and Trade spokesperson said New Zealand was “concerned” by Semilota becoming acting chief justice, “given the potential conflicts of interest involved”.
Ross Giblin
District Court Judge Bill Hastings was suspended by the Kiribati government from his position as chief justice of the Pacific nation.
“We are seeking further information from the Government of Kiribati to better understand the situation.”
New Zealand’s high commissioner to Kiribati, André van der Walt, would not attend a special sitting of the Kiribati High Court for Semilota’s appointment, the spokesperson said.
The New Zealand Law Society said it understood, as of Thursday morning, that Semilota may have vacated the attorney-general job.
“To hold these roles concurrently would be at odds with essential tenets of the rule of law. It would challenge the independence of the judiciary and the constitutional separation of powers that is fundamental to a functioning democracy,” a spokesperson said.
“It is vital for the people of Kiribati that their judges apply the law to both citizens and the state independently, without fear of recrimination or challenges to their impartiality.”
A tribunal investigating claims of Hastings’ misconduct has yet to produce an outcome. Hastings’ lawyer, former attorney general Chris Finlayson, KC, declined to comment.
