International Law and National Law Enforcement - A Regional Example. Sentencing for Fisheries Offending in The New Zealand District Court

• Author: Judge Tom Broadmore
• Position: Judge of the District Court in Wellington, New Zealand. This address was presented to the 2009 Annual Conference of the Maritime Law Association of Australia & New Zealand in September 2009. The views expressed in this paper do not represent the views of the District Court bench, the Ministry of Justice, the Ministry of Fisheries, or any...
• Pages: 1-12

(2010) 24 A&NZ Mar LJ 1

FRANK STUART DETHRIDGE MEMORIAL ADDRESS

INTERNATIONAL LAW AND NATIONAL LAW ENFORCEMENT – A REGIONAL

EXAMPLE. SENTENCING FOR FISHERIES OFFENDING IN THE NEW ZEALAND

DISTRICT COURT.

Judg e T J Bro a dmo re ∗

Preliminary Comments

It is an honour and a privilege to have been invited to present this add ress.

Unlike many who have spoken on this occasion in honour of Frank Dethridge, I did not have the good fortune to

know him. But I know how highly he was regarded both as a lawyer – he was for most of his professional life a

partner in the Melbourne office of Mallesons – and as a man; and how much he was mourned after his untimely

death in 1976.

In the interests of reinforcing the institutional memory of our founder, I take this opportunity of repeating the

tribute to Frank of Sir N inian Stephen when he presented the first of these addresses in 19 77:1

He was a man learned in the law and with a great interest in and much experience of shipping law. Those members

of the Victorian Bar fortunate enough to be briefed by him in shipping matters were the wiser for his counsel. His

wisdom, kindness and moderation will long be remembered in the profession. He had developed to an exquisite

degree that high art of the instructing solicitor, how to teach counsel what he does not know but needs to learn for

the case in hand, while conveying the impression all the while that it is he, the instructing solicitor, who is

collecting pearls of wisdom as they fall from counsel’s lips.

It is a matter of record that Frank first conceived the idea of a maritime law association in Australia, brought it to

life, and was elected its President at its inaugural meeting in 1974 and presided over its first conference in

Melbourne in 1975. There were twelve attendees at that conference, amongst who m were my good friends Ron

Salter of Phillips Fox DLA and Paul Willee QC of the Victorian bar, so I suppose I can claim a mere one degree

of separation from Frank. From the original twelve, the Association now has more than 200 members and about

90 delegates here today, including Ron. If you would wish to learn of but one of Frank’s accomplishments, look

around you.

I was an inaugural member of the New Zealand Branch of the Association, formed in 1977. Rather terrifyingly,

that was more than 30 years ago. From my membership of the Association have sprung long friendships, cordial

professional relationships, and opportunities for learning about maritime law, all of which I have valued and

enjoyed enormously. I therefore have personal reason to acknowledge Frank’s accomplishment in establishing

this Association.

When I became a District Court judge about four years ago, I displayed on the shelves of my chambers the books

of my maritime law library – Scrutton, Carver, Gilmore & Black and the rest. Since then, I have not opened one

of them. So it would be dangerous of me to attempt any kind of learned discussion of some current topic in

maritime law.

Most of what we do in the District Court is deal with criminal cases. And a large part of that involves sentencing

offenders. Wave after wave of them. Not just for criminal offending of all but the highest degrees of gravity, but

∗ Judge of the District Court in Wellington, New Zealand. This address was presented to the 2009 Annual Conference of the Maritime Law

Association of Australia & New Zealand in September 2009. The views expressed in this paper do not represent the views of the District

Court bench, the Ministry of Justice, the Ministry of Fisheries, or any government-related organisation. They are my own. I gratefully

acknowledge the assis tance of Alana Long, research counsel, District Court, Wellington, and others with professional involvements in the

topic who have made helpful suggestions but who would probably prefer not to be publicly identified.

1 Sir Ninian Stephen, ‘Frank Stuart Dethridge Memorial Address’ Inaugural Annual MLAANZ Conference 1977.