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This
page last updated Nov 26 2008 Introduction, www.peterellis.co.nz
An inappropriate kiss, or an indecent assault?. The table and news reports below show the conflicting evidence, which is an an all too common sort of scenario in allegations of sexual abuse. Unfortunately sex abuse does
occur: Is she telling the truth, and he lying? There is, surprisingly a
third option: That both are telling
the truth. The story that he tells is true. And that she is also telling a
story that she honestly believes is the truth. Memory research in the last ten years (for
example at Victoria University) provides evidence that people can believe for
various reasons, events that have not actually happened. Is her story contaminated by dreams, or
counsellor intervention? There is no easy way for
outsiders to determine what has actually occurred, without some means of
corroborating the various stories.
It’s a tragic outcome for those who are victims of abuse, or for those
who are victims of false allegations.
The possibility of the third option above is probably just as
offensive to the person who in that case is unwittingly making a false
allegation.
If, as outsiders, we cannot
know, we can do better than taking the easy route of simply “believing her”
or “believing him”. We can try and
understand the trauma and heartache that one of the participants is feeling
as a victim of a serious crime. We can simply suspend judgment, and get on
with the job of caring and leave the possibility of closure to those with the
responsibility or the desire to investigate. We say to the complainant,
and to Tony Christiansen that we do not judge you, or offer you the illusion
of “belief” Lastly, this site is taking
the unusual position of withholding the name of the complainant in this case,
even though she voluntarily went public with her allegations. This site, however takes no position on the
truth or otherwise of any allegations in this case Table: Determining truth from He says: She says
20 October 2004; Judge returns to
court work High Court associate judge Tony
Christiansen, cleared of an indecent assault allegation in August, has
returned to in-court duties 2004-1020
- The Dominion Post - Judge in
assault claim returns to court
Police have decided not to prosecute High
Court Master and former Napier District Court judge Tony Christiansen Napier area commander Inspector
Kevin Kalff said "The
decision was obviously not taken lightly and was made on the basis of legal
advice which had been independently peer reviewed," A spokesman for the Courts Department says
Master Christiansen continues to hold a warrant as a judge of the High Court,
but would not say if he would resume sitting 2004-0809
- Stuff - High Court Master won't
be prosecuted over sex accusation 2004-0809
- One News - Former judge won't be
prosecuted 2004-0809
- Newstalk ZB - No prosecution in
judge case 2004-0809
- Newstalk ZB - Judge's future not
revealed 2004-0810
- The Dominion Post - High Court
judge not to be charged
Associate High Court Judge Anthony
Christiansen, of Christchurch, remains on full pay but with restricted duties
seven months after police launched an investigation into a claim he
indecently assaulted a Napier woman in 2001. Napier police said yesterday
investigations were still continuing. 2004-0720
- Otago Daily Times -
Investigations into indecent assault claim continue 2004-0720
- The Press - Judge on full pay as
assault claim examined 2004-0727
- Newstalk ZB - Ongoing
investigation into complaint over judge
A former Napier Probation Officer has lost her
case against the Department of Corrections for unjustifiable dismissal. She had claimed that the Department had
treated her unfairly and ended her employment unnecessarily after she alleged
she was sexually assaulted by a judge. She was claiming $50,000 from the
department, which medically retired her after she had been on sick leave for
over a year. She also claimed that she suffered ostracism and emotional abuse
from other staff in the Napier office. She claimed the alleged assault was
discussed openly among staff. The department argued that it
took several steps to support Ms Neilson after the alleged incident. Paul Stapp from the
authority says after weighing the evidence he is satisfied the department's
actions didn't prevent her returning to work and the department could support
its decision to retire her. Corrections management had tried to manage an
unanticipated event the best way they could. The department was not only
faced with the complainant’s allegation, but was also required to manage a
"divisive office environment". Mr Stapp said the department
provided assistance to the complainant with leave and topped up her salary
and continued to employ her when she was not at work. The complainant expressed her
shock at the decision. She said it was "a kick in the guts" and she
was determined to appeal against it in the Employment Court. "I'm going
the whole hog now. I will go to the very last step for justice," she
said. Meanwhile, police
are still investigating
allegations of sexual assault against Christiansen. 2004-0610
- One News - Former Probation
Officer loses case 2004-0610
- Newstalk ZB - Probation officer
loses grievance case 2004-0610
- The Dominion Post - Ex-officer
loses grievance case 2004-0611
- Newstalk ZB - Police still
investigating judge 2004-0611
- The Dominion Post - Former
officer weighs up options 2004-0611
- NZ Herald - Ex-probation officer
loses grievance case 2004-0612
- Otago Daily Times - Probation
officer loses Corrections grievance 2004-0615
- The Dominion Post - Ex-probation
officer to appeal against ruling
An Employment Relations Authority hearing was held yesterday as part
of the complainant’s personal grievance claim against the Corrections
Department. She claims the department did not adequately support her after the
incident and that impacted on her recovering from post-traumatic stress
disorder and prolonged her return to work indefinitely. The department denies
any wrongdoing and claims it did everything to support her till it had no
choice but to dismiss her. She claimed the incident was discussed openly by staff at a
department-convened meeting at which she was named as the victim. "The
anger of some of my male colleagues was obvious to all, eg. `he was a good
judge, why should he resign'?" 2004-0501
- The Dominion Post - Motel
incident with judge led to isolation
Judith Collins asked
questions in Parliament about the appointment of Christiansen to the High
Court. Attorney-General Margaret Wilson says she
believed Tony Christiansen, since accused of indecent assault, was
"worth a second chance" when she appointed him to the High Court. Judith Collins from National asked
"Why was it appropriate for him to resign before and suddenly he was
back as a judicial officer? 2004-0302
- NZ Parliament - Master of the
High Court - Appointment 2004-0303
- NZ Herald - Former judge 'worth a
second chance' 2004-0303
- NZ Herald - Revenge: a dish
served cold 2004-0313
- The Press - Judges under scrutiny
The complainant in the case is also taking legal action against the Corrections
Department. is seeking $50,000 from the department in an unjustifiable dismissal
claim which the Employment Relations Authority is to hear 2004-0302
- NZ Herald - Probation officer
seeks $50,000 for indecent assault
28 February 2004; Details of
allegations The complainant has
told TV One that Mr Christiansen entered her
Gisborne motel room while she was asleep and indecently assaulted her. She
recalled waking up to find him
“kneeling on the floor, touching my private parts. I did not invite him into
my room and wouldn't have had such a strong reaction if it were consensual."
She also claimed that Mr Christiansen gave her a $10,000 cheque seven
months after the incident. She said she asked him for financial help after
being traumatised and leaving her Napier-based job on extended sick leave.
She claims the money was to “buy her silence”. She denies it was the fruit of
any blackmail attempt. She now feels she has been colluding and protecting
him. She defended her delay in coming forward. "I believed that no one
would believe me, because, to me, what happened was very unbelievable." Her complaint predated Christiansen’s
appointment to the High Court, but views that appointment as a promotion while she had lost her job. "I feel
humiliated they have reappointed him and they have not spared me a
thought." Master Christiansen’s lawyer
John Billington, QC said Master Christiansen rejected any suggestion he committed a breach
of law in 2001, and was confident proper investigation would show that to be
the case. 2004-0228
- NZ Herald - Judge gave me cash
says woman 2004-0228
- The Dominion Post - Judge paid me
$10,000 2004-0228
- Otago Daily Times - Court
official sex assault inquiry focus 2004-0229
- One News - Judge sex case
complainant talks 2004-0301
- NZ Herald - Woman denies payout
blackmail 2004-0301
- Stuff - Woman denies she
blackmailed judge
A former probation officer
has gone public with an indecent assault complaint she has made about the
actions of Tony Christiansen.. She is due to appear on TV One’s Sunday show
discussing the complaint. Inspector Kevin Kalff, of Napier police, said that Napier CIB were in the final stages of
their inquiry into the complaint. The complaint was received in December.
Chief Justice Dame Sian Elias said in a statement last night she had been advised of the complaint
against Master Tony Christiansen. "In the meantime, with his agreement,
he will not be sitting. That is appropriate while the matter is being
investigated,” Attorney-General Margaret Wilson said today she was aware of the Gisborne incident when she approved
Mr Christiansen being appointed a Master in the High Court. "At the time
I was concerned to ensure that the woman concerned had not laid any complaint
and had, in fact, felt that the matter had been settled to her
satisfaction," Her concern now is that he should not be subject to trial
by media. The National Party says Christiansen should never have been appointed
to the High Court. Judith Collins says the Minister
of Justice admitted that the circumstances surrounding the incident could have
brought the judiciary into disrepute. In March, Judith Collins 2004-0227
- Hawkes Bay Today - Woman accuses
ex-judge of indecent assault 2004-0227
- The Dominion Post - Complaint
laid against judge 2004-0227
- The Press - Judge sidelined as police
investigate complaint 2004-0227
- Stuff - Court Master Christiansen
accused of indecent assault 2004-0227
- One News - Allegations against
top judge 2004-0227
- NZ Herald - Woman's complaint to
police sidelines court master 2004-0227
- NZ Herald - Police probe top High
Court officer 2004-0227
- Newstalk ZB - Police investigate
top court officer 2004-0227
- Newstalk ZB - Judge investigation
in final stages 2004-0227
- Newstalk ZB - Attorney General
defends judge 2004-0227
- National Party - National issued
warning about Judge's past last year 2004-0227
- NZ Government - Master Anthony
Christiansen
Anthony Christiansen has been appointed a
Master of the High Court, Attorney-General Margaret Wilson announced today.
Master Christiansen will sit in The Attorney General, Margaret
Wilson, was asked to comment about the appointment. She issued a short statement instead, saying there was nothing
out of the ordinary about the decision: “The normal process for judicial appointments was followed. Accordingly
the Master’s position was advertised. Anthony Christiansen applied. The
Solicitor-General and Chief Justice evaluated all applications against the
established appointment criteria.” Following consultation with members of the
judiciary and legal fraternity, they recommended his appointment to the
attorney-general, confident that he has the skills, knowledge and experience
for the job” A letter writer in August, Suzanne
George makes reference to the appointment suggesting the appointment
decision could be due to a shortage of judges 2003-0203
- Stuff - High court master and
justice appointed 2003-0204
- NZ Government - Re-Appointment of
Master of High Court (Anthony Christiansen) 2003-0204
- Stuff - Judge returns after
quitting over behaviour 2003-0204
- Waikato Times - New court master 2003-0205
- Otago Daily Times - Judge's
reappointment defended 2003-0205
- The Press - Indiscretion not a
bar to Master's role 2003-0205
- Waikato Times - Govt backs judge 2003-0213
- Auckland District Law Society -
Christchurch for new Master Christiansen 2003-0825
- Otago Daily Times - Privy council
Tony Christiansen is now based in
Wellington, providing specialist legal advice at the Legal Services Agency.
The government agency is responsible for distributing legal aid.
Christiansen’s role is leading
work on legal policy development 2002-0217
- Sunday Star Times - Fresh start
for former judge 2003-0213
- Auckland District Law Society -
Christchurch for new Master Christiansen
Two probation officers who witnessed an
alleged incident between a former judge and a female court worker are under
investigation for alleged excessive drinking with the pair in a Gisborne
motel. It is understood that during the course of
the investigation, the probation service alleged the officers drank too much
and their behaviour potentially brought the department into disrepute. It
wants to issue a formal written warning to the pair but the PSA is fighting
that. There is no suggestion the probation officers will lose their jobs. 2001-0715
- Sunday Star Times - Probation
officers called to account
The Sunday Star Times reported that Tony Christiansen left his job following a complaint by
a court worker that he behaved inappropriately in a Gisborne motel room one
night in early May. The SST
understands the two had been drinking wine and the judge made an advance
which was rebuffed. Acting attorney-general Phil Goff said he was told why the judge resigned, but did not inform the public
because the judge left of his own accord and there was no legal action
involved. The move was "appropriate and honourable" and brought the
matter to a close. Goff understood the complainant did not think further
action should be taken following the resignation. He said there may have been
different views of what happened but he did not think the judge had done
anything which could have resulted in charges. The judge was popular and good
at his job, The matter was a
"personal tragedy" for Mr Christiansen, the minister said. 2001-0617
- Sunday Star Times - Judge quits
after motel incident 2001-0618
- The Press - Judge right to
resign, says Goff 2001-0618
- The Dominion - Judge quit over
his behaviour, says Goff 2001-0618
- NZ Herald - Hawke's Bay judge
right to quit over incident, says Goff 2001-0618
- Otago Daily Times - Judge resigns
amid speculation 2001-0618
- Hawkes Bay Today - Former judge
asks for 'space and privacy' 2001-0618
- Waikato Times - Judge quit over
actions 2001-0618
- Stuff - Judge believed he acted
inappropriately -- Goff
Judiciary appointment rules will probably prevent Tony Christiansen
working as a lawyer. A spokesman for Chief District Court Judge David Carruthers
said District Court judges signed an undertaking when applying for the bench
that they relinquish their certificate for practising law in New Zealand. The strict rule was important to guard against perceptions that former
judges who practised again would be treated differently from rival lawyers
during cases 2008-0615
- The Dominion - Departing judge
unlikely to work as lawyer again
A high profile Hawkes Bay
judge, Tony Christiansen has quit his job. He left the Napier District Court suddenly on May 16 and did not return. The
judge has been 5˝ years on the bench. He has a reputation for
a fair, calm approach to the job The head of Hawke’s Bay’s Criminal Bar Association, Tony
Snell, said Judge Christiansen would be sorely missed by the legal
fraternity in Hawke’s Bay. “He brought high quality, humour, openness and
personality back to the courtroom. He was always fair to both sides of a case
who always felt they had had a fair hearing.” The head of police prosecutions for the Eastern region, Senior
Sergeant Carey Griffiths, said the police team was sad to see Judge
Christiansen go. "We have admired him for his fairness to both sides of
a case," Mr Griffiths said. Judge Christiansen said his
decision was prompted by “personal reasons and the
strains of a tough job” He had no
long-term plans but would consider his options after a break of at least
three months. "I'm 53, in good health and there are other things to do
in life," 2008-0613
- Hawkes Bay Today - Napier judge quits
saying he's had enough 2008-0614
- The Dominion - Strain of tough
job prompts judge to quit 2008-0614
- Otago Daily Times - Judge quits
'tough job' after five years 2008-0614
- The Press - I've had enough, says
Hawkes Bay judge
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