It has emerged Janet Mason used her engagement with the Commission of Inquiry in Fiji to seek a delay in a penalty ruling against her in New Zealand.
A High Court ruling in New Zealand also reveals she was undergoing a Tribunal hearing in NZ while she was engaged with the COI hearings in Fiji.
The High Court ruling in New Zealand states a Tribunal’s decision against her, originally imposing the suspension, was deferred until April 11, 2025, following arguments from Ms Mason’s counsel.
“Ms Mason asked for the penalty hearing to be adjourned as her then-current role as counsel assisting a Commission of Inquiry in Fiji was expected to end by 11 April,” states Justice Geoffrey John Venning in his July 18 ruling.
“The Tribunal declined the further request for adjournment of the penalty hearing, noting the delays and extensions to date, but confirmed that Ms Mason could appear remotely from Fiji.”
“Mr Mijatov (Ms Mason’s lawyer) noted that if suspension was to be imposed, a deferral of the suspension should be granted to enable Ms Mason to complete her existing obligations with the Commission of Inquiry in Fiji.”
“He also suggested that Ms Mason’s existing workload and hearing commitments might require a further deferral.”
“The Tribunal considered a period of three months’ suspension to be proportionate and consistent with previous decisions. However, having regard to Ms Mason’s role as counsel assisting the Fijian Commission of Inquiry, commencement of the suspension was deferred until 11 April 2025.”
The High Court noted in a judgment delivered on 3 April 2025, Radich J made an order staying the Tribunal’s imposition of the three months’ suspension pending determination of the appeal or further order of the Court.
“The Judge noted the references in the affidavits to Ms Mason’s criminal defence work, her work in the Waitangi Tribunal, and the ongoing work as counsel assisting the Fijian Commission of Inquiry, as well as to the disruption generally that would be caused to her clients and to hearings with which she was involved.”
“Further, Ms Mason does not seem to have taken the advice contained in it. She accepted the brief to act as counsel assisting the Fijian Commission of Inquiry in October 2024.”
“In cross-examination, she accepted that work was demanding. Her suggestion that the change and new environment reduced her stress was not at all convincing.”
The High Court has imposed a one-month practicing suspension on Ms Mason effective August 1.
