“When the Minister of Justice Breaks the Law: The Goldsmith Appointments and Coalition Corruption” - 20 December 2025
Hidden Connections: The Anatomy of Unlawful Power
On December 18, 2025, Justice David Gendall of the High Court delivered a judgment that exposed what many had suspected since August 2024:
Minister of Justice Paul Goldsmith had unlawfully appointed both the Chief Human Rights Commissioner and the Race Relations Commissioner. The appointments of Stephen Rainbow and Melissa Derby were found to violate the Crown Entities Act and the Human Rights Act, not through mere administrative oversight, but through a calculated subversion of statutory requirements to satisfy coalition political imperatives.rnz
This is not the story of a single ministerial error.
This is the exposure of systemic corruption within New Zealand’s coalition government—a pattern of appointments manipulated to serve ideological agendas rather than the protection of human rights. When the person responsible for upholding justice in Aotearoa breaks the law to stack a human rights watchdog with ideologically aligned commissioners, we witness the hollowing out of democratic safeguards in real time.
High Court chamber with legal document
High Court chamber with legal documents
Background: When “Not Recommended” Means “Appointed Anyway”
The Human Rights Commission exists to protect the rights of all New Zealanders, particularly the most vulnerable.
Under the Crown Entities Act, ministers may only appoint those who possess
“the appropriate knowledge, skills and experience to assist the entity achieve its objectives”.
The Human Rights Act establishes detailed functions that commissioners must be capable of performing, including advocacy for marginalized communities, legal expertise in anti-discrimination law, and the ability to navigate complex human rights frameworks.publicservice
To ensure merit-based selection, an independent assessment panel was established, chaired by Sir Terence Arnold, a former Court of Appeal judge, and including Christopher Finlayson KC, former Attorney-General. These were not political appointees—they represented decades of legal expertise and constitutional knowledge.
The panel’s assessment was unequivocal:
Stephen Rainbow was “not recommended” for Chief Human Rights Commissioner due to his lack of legal experience in human rights law. Melissa Derby was found to “lack depth and experience,” with the panel concluding she would find the role “very challenging”.thespinoff+2
Neither Rainbow nor Derby appeared on the initial shortlist.
Only after Goldsmith requested the panel remove two names and add Rainbow and Derby—following consultation with coalition partners—did they enter consideration. The applicant, Paul Thistoll, presented evidence to the court that “concerns raised by the ACT party” led to Rainbow’s inclusion, with ACT leader David Seymour speaking directly to Goldsmith about the appointment.rnz
In August 2024, Goldsmith appointed both commissioners. They commenced their roles in November 2024. By December 2025, the High Court had ruled these appointments unlawful.rnz
Cui Bono? Who Benefits from Corrupted Appointments?
Coalition government dynamics
To understand why Goldsmith broke the law, we must ask:
who benefits? The answer reveals the transactional nature of coalition governance in Aotearoa under the National-ACT-NZ First government.
The ACT Party’s Ideological Capture
David Seymour’s ACT Party nominated Stephen Rainbow for the role of Chief Human Rights Commissioner. Rainbow had applied after being nominated by Seymour. When the independent panel rejected Rainbow, ACT did not accept this expert assessment. Instead, as human rights advocate Paul Thistoll stated, “coalition dynamics were definitely in play” in securing Rainbow’s appointment despite his manifest unsuitability.norightturn.blogspot+2
Why would ACT fight for Rainbow? His record reveals a man whose views align perfectly with ACT’s cultural warfare agenda. In November 2023, Rainbow posted on social media bemoaning “a civilisation in self-inflicted and terminal decline,” referencing images of queer and trans communities supporting Palestine. He praised UK Conservative MP Suella Braverman for leading “the popular revolt against woke elites and their rejection of western cultural values”. In 2021, he made comments about “a trans agenda” that prompted complaints about transphobia from co-workers at Auckland Transport.rnz+2
Rainbow is also a vocal Zionist whose January 2024 op-ed for the Israel Institute declared that “to be on the Left” in New Zealand now means “to be anti-Israel has become an integral part of the Leftist creed.” This was written when over 25,000 Palestinians had already been killed in Gaza. In January 2025, as Chief Human Rights Commissioner, Rainbow called for a “genocide hotline” tracking Israeli soldiers holidaying in New Zealand to be shut down, receiving more than 90 complaints but characterizing the hotline as “potentially harmful” to Israeli and Jewish people. By April 2025, three New Zealand community groups—including two Jewish organizations—were calling for Rainbow to resign over accusations of Islamophobia.thespinoff+4
For ACT, Rainbow represents the perfect vehicle:
someone who will not challenge their agenda to rewrite the Treaty principles, who views trans rights activism with suspicion, and who frames indigenous solidarity with Palestine as evidence of “civilisational decline.” The ACT Party has a documented history of transphobic positions—in 2020, ACT candidate Stephen Berry told a crowd in Wellington it was acceptable to call transgender people “disgusting.” Installing Rainbow as Chief Human Rights Commissioner neutralizes an institution that might otherwise defend the very communities ACT seeks to marginalize.nzherald
Paul Goldsmith’s Ministerial Capture
What does Goldsmith gain? Coalition stability. As Minister of Justice in a three-party coalition, Goldsmith’s power depends on managing the demands of junior partners. The National-ACT-NZ First coalition agreement required constant negotiation, with ACT leader David Seymour securing significant ministerial portfolios despite ACT’s size. When Seymour demands appointments to key institutions, Goldsmith delivers—even when doing so requires breaking the law.nzherald+2
The court was scathing about Goldsmith’s lack of contemporaneous documentation explaining his decisions. Justice Gendall found Goldsmith’s affidavit evidence suspicious, implying it was an ex post facto invention to fit the case.
This is the behavior of a minister who knows his actions cannot withstand scrutiny—who makes decisions based on political expediency and constructs justifications only when challenged in court.norightturn.blogspot+1
Cui Malo? Who Is Harmed?
Trans communities, already facing escalating discrimination and violence, now have a Chief Human Rights Commissioner who views “trans agenda” as a threat. Palestinian solidarity activists, exercising their right to protest genocide, face a commissioner who characterizes their advocacy as evidence of civilizational decline. Māori, whose tino rangatiratanga is enshrined in Te Tiriti, confront a commission leadership hostile to indigenous self-determination.thespinoff
The former Chief Human Rights Commissioner, Paul Hunt, brought decades of experience in global human rights work since 1985, including significant roles at the UN. Rainbow’s background is in urban strategy and infrastructure. The contrast is not merely one of qualifications—it represents the deliberate diminishment of an institution meant to hold power accountable.nzagainstthecurrent.blogspot+1
The Court’s Judgment: Anatomy of Unlawful Action
Justice Gendall’s ruling identified two specific legal violations:rnz
First: Failure to Apply the Correct Legal Test
Section 29 of the Crown Entities Act requires ministers to appoint only those who, “in the opinion of the Minister, that person is qualified for appointment, having regard to the functions of the entity”. The Human Rights Act establishes detailed functions commissioners must perform. Goldsmith’s lawyer argued that no candidate will have knowledge and skill in all areas, therefore the minister “must assess the weight to give to the varying knowledge, skills and experience”.publicservice+1
The court accepted that no single candidate would excel in all areas but ruled that Goldsmith had applied an incorrect legal test. The minister’s argument—that he could simply “place different weight” on statutory criteria—would render the Crown Entities Act meaningless.
If ministers can ignore expert panel assessments and statutory requirements by claiming to “weight” criteria differently, then merit-based appointments become impossible. This is precisely what Goldsmith did.rnz
Second: Failure to Consider Mandatory Statutory Considerations
Paul Thistoll’s lawyer, Monique van Alphen-Fyfe, argued that Goldsmith didn’t “expressly consider” the Commission’s detailed functions and whether Rainbow or Derby were capable of assisting in performing those functions. The court largely accepted this argument, finding that mandatory considerations under both the Crown Entities Act and Human Rights Act had not been adequately addressed in the minister’s decision-making.rnz
When a minister fails to document his decision-making process and then provides only bland assurances in court that “of course” he followed the rules, judges become suspicious. The absence of contemporaneous records suggests decisions made for reasons that cannot be publicly justified
—in this case, coalition horse-trading that prioritized ACT Party demands over statutory requirements and the protection of human rights.norightturn.blogspot
What the Court Did Not Find
The court rejected two of Thistoll’s four grounds:
that Goldsmith breached a “legitimate expectation” and that the decisions were “unreasonable”. Goldsmith has seized on this, characterizing the upheld grounds as “technical” matters decided by “a narrow margin”.
This framing is dishonest. Applying the wrong legal test and ignoring mandatory statutory considerations are not “technical” failures—they are fundamental breaches of the rule of law.
A minister who cannot follow the law when making appointments has no business holding the Justice portfolio.rnz
Māori, trans community members, Palestinian solidarity activists
Hidden Connections Exposed: A Pattern of Corrupted Appointments
The Rainbow and Derby appointments are not isolated incidents. They reveal a systematic pattern of coalition-driven corruption in government appointments across multiple institutions.
The Waitangi Tribunal Debacle
In March 2025, the New Zealand Herald exposed “disruptive delays, shunned advice, and changes of heart” in Waitangi Tribunal appointments. Māori lawyer Prue Kapua didn’t know she was pencilled in for reappointment in November, but by December had fallen out of favour “following consultation with coalition partners”.nzherald
In October 2024, Richard Prebble—former ACT leader—was appointed to the Tribunal despite controversy over ACT’s plan to rewrite the Treaty principles. Prebble has since resigned. In January 2025, conservative commentator Philip Crump and Manawatu councillor Grant Hadfield—who had previously opposed the introduction of a Māori ward—were appointed. Hadfield and former NZ First Minister Ron Mark were “late additions” following consultation with coalition partners.nzherald
Chief Judge Caren Fox and Te Puni Kōkiri had recommended reappointing Kevin Prime, Derek Fox, Dr Hana O’Regan, and Dr Grant Phillipson by May 2024 to avoid disrupting the tribunal’s work. These expert recommendations were ignored. The tribunal was left unable to take on new inquiries for months while Minister Tama Potaka consulted with coalition partners. Among those not reappointed were professors Rawinia Higgins, Tom Roa, and Linda Tuhiwai Smith—heavyweight Māori academics replaced with coalition-friendly appointees.nzherald
Green Party public service spokesman Francisco Hernandez stated: “Prime Minister Christopher Luxon and Minister Tama Potaka have allowed the Waitangi Tribunal to be undermined with appointments that fail to uphold the integrity of the institution”. Hernandez explicitly compared this to “the appointment of Stephen Rainbow as chief Human Rights Commissioner, despite accusations of being transphobic”.nzherald
The Pattern Is Clear
- Expert panels and officials recommend candidates based on merit and statutory criteria
- Ministers consult with coalition partners
- Coalition partners demand different appointees aligned with their ideological agendas
- Ministers override expert advice, either ignoring statutory requirements or providing no documentation of their reasoning
- Unsuitable candidates are appointed to key watchdog and Treaty institutions
- When challenged, ministers claim they followed proper process—but cannot produce evidence
This is not governance. This is the systematic corruption of independent institutions to serve coalition political objectives.
Through a Mātauranga Māori Lens: The Depletion of Mauri
From a tikanga perspective, these appointments represent profound mauri-depleting actions that damage the wairua of institutions meant to uphold mana and tika.
Kaitiakitanga Corrupted
The Human Rights Commission exists as a kaitiaki—a guardian—of the rights and dignity of all peoples in Aotearoa. When commissioners are appointed who view marginalized communities—trans people, Palestinians, indigenous peoples exercising self-determination—as threats rather than persons deserving protection, the mauri of the institution is fundamentally diminished. Mauri, as the life force present in all things, can be enhanced or depleted by human actions. These appointments deplete the mauri not only of the Commission but of the communities it was meant to serve.tikatangata+2
Whakapapa of Accountability Severed
Whakapapa—the interconnection of all things through lines of descent and relationship—demands accountability to past, present, and future generations. When ministers break the law to install commissioners who undermine the mana of vulnerable peoples, they sever the whakapapa of institutional integrity. Future generations will inherit institutions hollowed out by political expediency, their capacity to protect human rights fundamentally compromised.tandfonline+2
Tino Rangatiratanga Under Assault
Te Tiriti o Waitangi guaranteed Māori tino rangatiratanga—absolute sovereignty over their lands, villages, and all their treasures. The systematic corruption of appointments to the Human Rights Commission and Waitangi Tribunal represents a direct assault on institutions meant to uphold Treaty obligations. When coalition partners hostile to Māori rights demand—and receive—appointments of commissioners and tribunal members who share their antipathy, tino rangatiratanga is actively undermined.journals.sagepub+2
Utu Demands Action
Utu—the principle of balance and reciprocity—requires that harms be addressed and balance restored. The unlawful appointments have created an imbalance that threatens the fabric of our constitutional democracy. Utu demands that Rainbow and Derby resign, that Goldsmith be held accountable, and that independent appointments processes be established to prevent future corruption.crimejusticejournal+2
Quantifying the Harm: What Has Been Lost?
Institutional Legitimacy Destroyed
The High Court’s ruling that both appointments were unlawful has fatally compromised the mana of the Human Rights Commission. Every statement Rainbow makes as Chief Commissioner will be overshadowed by the knowledge that he was unlawfully appointed. Every intervention will be tainted by his record of transphobic comments and Zionist advocacy. The Commission risks being paralyzed by controversy, unable to speak with authority on issues of race, equality, and justice.badapple+1
As blogger Martyn Bradbury wrote, “A Human Rights Commissioner who is both unlawful and exhibits transphobic and racist behavior is truly a troubling combination”. The National Iwi Chairs Forum expressed concern about the appointments immediately upon their announcement in August 2024, recognizing that these commissioners would not serve Māori interests or uphold Treaty obligations.reddit+1
Trust in Democratic Processes Eroded
When ministers can bypass statutory requirements and expert panels to reward coalition partners with key appointments, public trust in the integrity of government institutions collapses. New Zealand has already slipped from 2nd to 4th on Transparency International’s Corruption Perceptions Index, and a 2025 Ministerial Advisory Group report found that New Zealand is the only Five Eyes country without a whole-of-government national anti-corruption strategy.1news+2
The report warned: “Corruption is growing in scope and sophistication in New Zealand and it’s enabling serious organised crime”. The Goldsmith appointments represent precisely this kind of corruption—not the crude bribery of authoritarian states, but the sophisticated subversion of democratic safeguards through coalition horse-trading and the manipulation of appointment processes.nzherald+1
Communities Left Vulnerable
Trans communities now face a Chief Human Rights Commissioner who has made comments about “a trans agenda” and criticized trans activism as “divisive antics”. Palestinian solidarity activists confront a commissioner who characterizes their advocacy as civilizational decline. Māori exercising tino rangatiratanga face a commission leadership selected through processes that systematically excluded iwi voices and expert Māori perspectives.rnz+3
The vulnerable communities the Commission was designed to protect have been abandoned by a government that views their rights as negotiable—as coalition bargaining chips to be traded for political stability.thespinoff
Fallacies Named: The Rhetoric of Deflection
The “Technical” Fallacy
Goldsmith’s characterization of the court’s findings as “technical” matters decided by “a narrow margin” is a classic minimization fallacy—an attempt to trivialize fundamental legal violations. Applying the wrong legal test when making Crown entity appointments is not “technical.” Failing to consider mandatory statutory criteria is not a “narrow” concern. These are the core requirements that distinguish lawful from unlawful ministerial action, merit-based appointments from political patronage.rnz
The “Diverse Opinions” Fallacy
This is a false equivalence fallacy. The issue is not that Rainbow has “controversial” opinions—it’s that his record demonstrates antipathy toward the very communities commissioners are meant to protect.
Characterizing support for Palestinian rights as civilizational decline, attacking trans activism as “divisive”, and praising far-right politicians for “revolts against woke elites” are not merely “controversial opinions”—they are disqualifying positions for a human rights commissioner.rnz
The “Independent Panel Isn’t Binding” Fallacy
Goldsmith emphasized that the court confirmed
This is technically true but fundamentally dishonest. Ministers are not legally bound by panel recommendations—but they are legally required to apply the correct legal test and consider mandatory statutory criteria. The court found Goldsmith failed on both counts. Claiming the freedom to reject expert advice does not grant license to break the law.publicservice+1
The “Evidence Supports Both Appointments” Fallacy
This is a cherry-picking fallacy—highlighting the two grounds Goldsmith won while ignoring that the court found his appointments UNLAWFUL on two other grounds. An appointment can be “reasonable” in some abstract sense while still being unlawful because the minister failed to follow statutory procedures. Goldsmith’s framing attempts to obscure the central finding: his actions violated the Crown Entities Act and Human Rights Act.rnz
Implications and Pathways to Accountability
Legal Precedent Established
The court’s ruling establishes crucial precedent: ministers must provide adequate documentary evidence of their decision-making process, must show exactly how candidates meet statutory criteria, and cannot simply claim to “weight” criteria differently as justification for ignoring expert panel assessments.norightturn.blogspot+1
Other recent appointments are now vulnerable to legal challenge, including 2024 appointments to EECA and the 2025 Waitangi Tribunal appointments. Any appointment where ministers have shoehorned in candidates against expert advice, provided no documentary justification, and consulted primarily with coalition partners rather than statutory officials, may be subject to judicial review.norightturn.blogspot
Immediate Actions Required
1. Rainbow and Derby Must Resign
As blogger No Right Turn stated:
“A decent, professional person would recognise that this made their position untenable, and resign”.
The unlawful nature of their appointments has destroyed their mana and the mana of the Commission. Continuing in these roles after being judicially declared unlawfully appointed makes a mockery of the rule of law.nzagainstthecurrent.blogspot+1
If they refuse to resign, the next government should exercise its lawful powers under the Crown Entities Act and remove them. Unlawful appointments cannot be allowed to stand.norightturn.blogspot
2. Goldsmith Must Be Held Accountable
A Minister of Justice who breaks the law to make political appointments has forfeited his right to hold that portfolio. Labour’s Duncan Webb stated Goldsmith should “treat his ministerial responsibilities with greater seriousness”—an understatement given the gravity of the violations.reddit
Parliament must investigate whether Goldsmith’s actions constitute a breach of ministerial responsibilities warranting removal or other sanction. The public deserves a full accounting of the coalition negotiations that led to these unlawful appointments.norightturn.blogspot+1
3. Establish Independent Appointments Processes
New Zealand already uses an independent panel with criminal penalties for ministerial interference when appointing the Government Statistician. This model should be extended to constitutional appointments and independent Crown entities, starting with the Human Rights Commission and Waitangi Tribunal.norightturn.blogspot
Ministers have proven they cannot be trusted to make appointments on merit rather than political expediency. The solution is to remove this power and vest it in genuinely independent processes that cannot be corrupted by coalition horse-trading.norightturn.blogspot
4. Strengthen Anti-Corruption Framework
New Zealand urgently needs the comprehensive anti-corruption strategy recommended by the Ministerial Advisory Group. This must include: a centralised reporting and investigative body, modernised corruption offences under the Crimes Act, and specific protections for appointment processes.1news
The “she’ll be right” attitude that has long characterized New Zealand governance is inadequate in the face of sophisticated coalition-driven corruption. We need robust legal frameworks with meaningful penalties for ministers who subvert democratic processes.nzherald+1
5. Restore Tikanga-Based Governance Frameworks
Mātauranga Māori offers frameworks for accountability that Western liberal democracy has failed to provide. The concept of kaitiakitanga—guardianship that enhances rather than depletes mauri—must be embedded in appointment processes for institutions that serve Māori communities. Tino rangatiratanga demands that Māori have genuine authority over processes affecting their rights and taonga, not merely consultation that can be ignored when coalition partners demand otherwise.nzherald+2
Rangatiratanga as the Path Forward
The High Court has confirmed that “the minister cannot simply bypass the legal requirements of the Crown Entities Act and the Human Rights Act”.rnz
Yet Rainbow and Derby remain in their positions. Goldsmith remains Minister of Justice, considering an appeal rather than accepting accountability. The coalition government continues to corrupt appointment processes across multiple institutions, from the Waitangi Tribunal to EECA to the Human Rights Commission.nzherald+1
The question before us is whether we will tolerate this systematic corruption or demand rangatiratanga—the restoration of authority to proper processes, the protection of institutional integrity, and the accountability of those who break the law while claiming to uphold justice.
These unlawful appointments cannot stand. Ministers who corrupt democratic institutions for coalition expediency must face consequences. And New Zealand must establish independent processes that cannot be manipulated by political actors who view human rights as negotiable commodities.badapple
The mauri of our democratic institutions depends on our willingness to restore balance, to demand utu for these violations, and to exercise tino rangatiratanga over the processes that shape our constitutional future. Justice Gendall has shown us the path—it is for Parliament, for communities, and for all who believe in the rule of law to walk it.mauriometer+1
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