Jonathan Paul Temm (16 June 1962 – 3 March 2021) was a New Zealand
barrister
A barrister is a type of lawyer in common law jurisdictions. Barristers mostly specialise in courtroom advocacy and litigation. Their tasks include taking cases in superior courts and tribunals, drafting legal pleadings, researching law and ...
. He served as president of the
New Zealand Law Society
The New Zealand Law Society ( mi, Te Kāhui Ture o Aotearoa) is the parent body for barristers and solicitors in New Zealand. It was established in 1869, and regulates all lawyers practising in New Zealand. Membership of the society is voluntary, ...
from 2010 until 2013.
Personal
Temm was born in
Auckland
Auckland (pronounced ) ( mi, Tāmaki Makaurau) is a large metropolitan city in the North Island of New Zealand. The List of New Zealand urban areas by population, most populous urban area in the country and the List of cities in Oceania by po ...
. He was educated at
St Peter's College. Temm has said that his education there prepared him for his career in the justice system. "Some of the Christian principles that were passed to me in my secondary education still operate in my life today and still influence me in my legal career in that I do try to help other people who ask for my assistance and I do try to look for the good in all people, including in the Curtis brothers who were found guilty of the
murder of Nia Glassie."
Temm went overseas for seven years from 1980 to 1987 and worked in different jobs before returning to
New Zealand
New Zealand ( mi, Aotearoa ) is an island country in the southwestern Pacific Ocean. It consists of two main landmasses—the North Island () and the South Island ()—and over 700 smaller islands. It is the sixth-largest island count ...
to pursue a future in the law. He studied law at the
University of Auckland
, mottoeng = By natural ability and hard work
, established = 1883; years ago
, endowment = NZD $293 million (31 December 2021)
, budget = NZD $1.281 billion (31 December 2021)
, chancellor = Cecilia Tarrant
, vice_chancellor = Dawn F ...
and graduated in 1992 with Honours. He won the Geoffrey Powell Prize and the Stout Shield for
mooting
Moot court is a co-curricular activity at many law schools. Participants take part in simulated court or arbitration proceedings, usually involving drafting memorials or memoranda and participating in oral argument. In most countries, the phrase ...
while studying. He was admitted as a Barrister and Solicitor at
High Court in Auckland on 11 June 1993. He is the son of the late Justice Paul Temm, a Judge of the High Court of New Zealand. Jonathan Temm and his wife, Lynnelle, have five children. He loved cycling and was a keen fisherman and golfer.
Career
Temm began his career at Chapman Tripp Sheffield Young in Auckland from 1993 to 1995. He joined Davys Burton in Rotorua in 1995, becoming a partner and "Senior Crown Counsel" before starting up as a barrister sole specialising in criminal and civil litigation at Phoenix Chambers in 2005. He was a Council member of the then Waikato Bay of Plenty District Law Society from 2000 to 2003 and 2005 to 2009 and was President from 2007 to 2009. He served on the New Zealand Law Society Board from 2004 to 2008 and was President from April 2010 until 2013.
[LawTalk 741, 16 November 2009, page 1: "Next NZLS President".] Temm's practice has been varied, but he has dealt with high-profile criminal cases during his career, including defending Michael Curtis, one of two brothers convicted of the murder of toddler
Nia Glassie. He found such cases difficult to deal with.
Temm has been actively involved in professional legal skills training, and has been a member of the New Zealand Law Society's Litigation Skills Faculty since 2005.
In December 2019, Temm was appointed a
Queen's Counsel
In the United Kingdom and in some Commonwealth of Nations, Commonwealth countries, a King's Counsel (Post-nominal letters, post-nominal initials KC) during the reign of a king, or Queen's Counsel (post-nominal initials QC) during the reign of ...
.
Approach
In 2010, Temm blamed the rise in abuse cases on the decline in children being seen by
Plunket nurses. He wanted to see legislation and health funding that would protect New Zealand children in the long term. He saw the drivers of
child abuse
Child abuse (also called child endangerment or child maltreatment) is physical, sexual, and/or psychological maltreatment or neglect of a child or children, especially by a parent or a caregiver. Child abuse may include any act or failure to a ...
in New Zealand as including:
ciety's attitude to alcohol and the freedom of it and the increasing fractured nature of our families and a myriad of other things including drug abuse, mental health issues, financial strain and all of these things ... What happened then is that the fourth Labour government
The Fourth Labour Government of New Zealand governed New Zealand from 26 July 1984 to 2 November 1990. It was the first Labour government to win a second consecutive term since the First Labour Government of 1935 to 1949. The policy agenda o ...
was elected and new right economic theory took sway. The Roger Douglas
Sir Roger Owen Douglas (born 5 December 1937) is a retired New Zealand politician who served as a minister in two Labour governments. He became arguably best known for his prominent role in New Zealand's radical economic restructuring in the 198 ...
market theory was being applied and the statutory monopoly, that used to exist for Plunket and Karitane
The small town of Karitane is located within the limits of the city of Dunedin in New Zealand, 35 kilometres to the north of the city centre.
Set in rolling country near the mouth of the Waikouaiti River, the town is a popular holiday retreat f ...
, was eroded and eventually done away with. So our preschool childcare was significantly dented.
Temm challenged the New Zealand Government to put the money where it is needed. "If you are serious about child abuse in New Zealand, you must pick up the challenge of the pre-school childcare through the health system and a number of other things could be leveraged off that. Every single child born in New Zealand should have his or her birth registered and the entire country should be divided into quadrants and every child, before the age of three, should be the responsibility of a Plunket or Karitane nurse and everything would leverage off that service".
Temm was also concerned about the
Sentencing Act 2002
In law, a sentence is the punishment for a crime ordered by a trial court after conviction in a criminal procedure, normally at the conclusion of a trial. A sentence may consist of imprisonment, a fine, or other sanctions. Sentences for mult ...
. He believed that that Act was not working because of "at least 70 per cent of criminals behind bars suffering a mental disorder of some kind". With it costing between $50,000 and $100,000 annually to keep someone in jail he asked whether the country is properly dealing with the people in the community if such disorders are not adequately treated.
As New Zealand Law Society President Temm believed the biggest issue facing the Society was public and political criticism of the legal profession. He said that while he had confidence that most New Zealand lawyers are performing extremely well, he considered that there were some people in the profession who were not holding to the well-established rules of professional conduct and ethics that the profession expected. Temm said the Law Society would
take a firm stance with any misconduct.
Death
Temm died on 3 March 2021, at the age of 58.
References
{{DEFAULTSORT:Temm, Jonathan
1962 births
2021 deaths
People educated at St Peter's College, Auckland
University of Auckland alumni
20th-century New Zealand lawyers
New Zealand King's Counsel
21st-century New Zealand lawyers