Key Takeaways
- Robert Smellie was a renowned New Zealand lawyer and judge who made significant contributions to the legal profession and public service.
- He served as a barrister, solicitor, and Queen’s Counsel, and was appointed to the High Court in 1985.
- Smellie played a key role in promoting gender equity within the judiciary and was involved in several high-profile cases, including the longest trial in New Zealand’s legal history.
- He also made significant contributions to the Anglican Church, drafting the first Constitution of the Province of the Anglican Church of Melanesia.
- Smellie was recognized for his services with several awards, including the Bruce Elliott Prize and the Companion of the New Zealand Order of Merit.
Introduction to Robert Smellie’s Life and Career
Robert Smellie was born in Dunedin in 1930 and educated at Otago Boys’ High School before graduating with an LLB from the University of Auckland. He began his legal career as a barrister and solicitor in 1957 and later became a partner at Grierson, Jackson and Partners, the firm that would become Simpson Grierson. Smellie’s early career laid the foundation for his future success, and he quickly established himself as a respected and skilled lawyer. In 1976, he moved to the independent bar and was appointed Queen’s Counsel in 1979, a prestigious honor that recognized his expertise and contributions to the legal profession.
Smellie’s Contributions to the Legal Profession
Smellie held a number of senior roles within the profession, serving as a council member of the Auckland District Law Society, chairing legislation committees for both the Auckland and New Zealand Law Societies, and contributing to the New Zealand Law Society’s Disciplinary Committee. In 1973, he received the Bruce Elliott Prize for service to the public and the law, a testament to his dedication and commitment to the legal profession. Smellie’s expertise in construction law was also recognized, and in 1979, he published Building Contracts and Practice in New Zealand, which was regarded at the time as the leading text on the subject. His contributions to the legal profession were significant, and he played a key role in shaping the development of law in New Zealand.
Public Service and Community Involvement
Smellie’s public service extended beyond the legal sphere, and he played a key role within the Anglican Church. He drafted the first Constitution of the Province of the Anglican Church of Melanesia when it became an independent province and later served for many years as Chancellor of the Province, advising the archbishop on matters of canon law. From 1982 to 1985, Smellie chaired the Equal Opportunities Tribunal, the predecessor to the Human Rights Review Tribunal, demonstrating his commitment to promoting equality and justice. His community involvement and public service were characterized by a deep sense of commitment and dedication, and he was widely respected for his contributions.
Judicial Career and Notable Cases
Smellie was appointed to the High Court in 1985, sitting in Auckland, and served as Executive Judge specializing in Commercial List cases. During his time on the bench, he was also involved in efforts to promote gender equity within the judiciary, including membership of the Judicial Working Group on Gender Equity. One of the most notable cases he presided over was the litigation arising from the Government’s sale of its shareholding in New Zealand Steel, which was the longest trial in New Zealand’s legal history. The trial began in November 1994 and concluded in December 1995 after 204 sitting days, followed by additional "call back" days over the following six months. In July 1996, he delivered judgment in Equiticorp Industries Group Limited (In Statutory Management) v The Crown, awarding substantial damages against the Crown.
Later Career and Legacy
After retiring from full-time judicial service in 1998, Smellie continued as an acting High Court judge until 2002. He was appointed a Companion of the New Zealand Order of Merit in August 1998 for services as a High Court judge, and in 2000 headed a complaints review office investigating serious grievances against Auckland City Council. Smellie later continued his judicial career in the Pacific, serving as a judge of the Fiji Court of Appeal from around 2001 until September 2007. Throughout his career, Smellie demonstrated a deep commitment to public service and the legal profession, and his legacy continues to be felt today. He is survived by his three sons and four grandchildren, and his contributions to the legal profession and community will be remembered for generations to come. Chief Justice Helen Winkelmann has remembered Robert Smellie as a deeply committed public servant whose influence stretched well beyond the courtroom, a testament to his enduring impact on the legal profession and community.