The ‘Judge’ who isn’t actually a Judge

Barber

THE MAN handpicked by the Government to deal with rogue real estate agents has been masquerading as a judge.

In 2011 Associate Justice Minister Nathan Guy appointed Paul Barber chairperson of the Real Estate Agents Disciplinary Tribunal.

The Tribunal was established under the Real Estate Agents Act 2008, and deals with the licensing and discipline of real estate agents.

Barber is a former district court judge who claims to be 78-years-old.

In 2009 Attorney General Chris Finlayson appointed Barber as an acting district court judge to help reduce caseloads in the civil and criminal courts.

He would have been 72 at the time – two years older than the mandatory retirement age for judges in New Zealand.   

However, under section 10 of the District Courts Act 1947 a former judge who has reached the age of 70 years may be appointed for a period of up to one year, or for two or more periods not exceeding four years in the aggregate. But Section 10 also specifies that each appointment must not exceed one year if the person is 72-years-old as in Barber’s case.

If that provision of the law was applied as it should have in the case of Barber, he would not have held a judge’s warrant when he was appointed chairman of the Real Estate Disciplinary Tribunal.

But despite that, during his tenure as chairman he has continued to refer to himself as a judge.

On the READT website Barber is referred to as “Judge Barber’. On tribunal decisions he signs off as ‘Judge PF Barber’ – he’s even down as ‘Judge PF Barber’ on his White Pages listing.

barber3

But last night Barber admitted he was not a judge.

'Judge' Paul Barber

‘Judge’ Paul Barber

He claimed it was his staff who referred to him as a judge, but conceded it was not something he actively discouraged.

He said he also wasn’t concerned about exposed as a fraud.

But there’s other things with Barber’s story that don’t quite ring true.

On his bio, Barber says he was a senior commercial partner with Young Swan McKay & Co in Wellington from 1963 until his appointment as a District Court Judge in 1981. He retired from the Bench in 1997 but continued to hold an acting warrant up until a few years ago

However, if Barber is 78, as he claims, he would have been a ‘senior partner’ at just 26 – unprecedented in New Zealand legal history.

We’ll have more on this story in the next few days.


cookStephen Cook is a multi award winning journalist and former news editor and assistant editor of the Herald on Sunday.

 


Do you want:

  • Ad-free access?
  • Access to our very popular daily crossword?
  • Access to daily sudoku?
  • Access to Incite Politics magazine articles?
  • Access to podcasts?
  • Access to political polls?

Our subscribers’ financial support is the reason why we have been able to offer our latest service; Audio blogs. 

Click Here  to support us and watch the number of services grow.

41%