Obituary: powerhouse took students under wing

Bernadette Farnan was most recently the Executive Judge for Southland. PHOTOS: SUPPLIED
Bernadette Farnan was most recently the Executive Judge for Southland. PHOTOS: SUPPLIED
JUDGE BERNADETTE FARNAN
Lawyer

 

Judge Bernadette Ann Farnan was meant to be a boy called Christopher.

After deliberation following her birth on October 27, 1956, in Wellington, her parents Noel and Gabrielle Farnan named her Bernadette, which is of French and Old German origin meaning strong and powerful or brave as a bear — a perfect name as it transpired.

The much-loved wife, mother, grandmother, daughter, friend to many and respected member of the New Zealand judiciary died at Hospice Southland, in Invercargill, on March 20.

She was 67.

With her two siblings, Judge Farnan enjoyed a secure, happy and carefree childhood with holidays at Waikanae, an hour north of Wellington, where her parents bought a block of land.

First camping holidays, then caravanning, then finally moving into a small bach that remains largely unchanged.

As a child she was a prolific letter writer with numerous pen-friends across the globe, causing the Farnans’ postman to marvel at the foreign stamps.

Judge Farnan, who was most recently the Executive Judge for Southland, decided to become a lawyer at the age of 12 when she became captivated with United States politics, particularly the Kennedys, who symbolised power and glamour in a way US presidents had not before.

She completed two degrees at University of Canterbury, a bachelor of arts (history) in 1977 and a bachelor of laws in 1978.

She met her future husband, Ross Hunt, while they were at secondary school — she at St Mary’s College and he at Wellington College.

Mr Hunt was also at Canterbury University, studying engineering.

Judge Farnan was admitted to the bar in December 1979 and married Mr Hunt in 1984.

She began her legal career as a law clerk at the land registry office in Dunedin, where she gained her law professionals, in 1979.

She then went to Hislop, Creagh and Main in Oamaru as a barrister and solicitor (1979-80) and moved back to Dunedin as a probation officer in 1980-81.

In 1981 she commenced legal work in the Dunedin firm Webb, Brash, Ward & Co (now Webb Farry) before becoming the first female law firm associate in the city in 1984, specialising in criminal and family law and doing a lot of legal aid work.

From 1989 until becoming a judge she took law students under her wing as an instructor for the Institute of Professional Legal Studies.

The keen tramper with husband Ross Hunt on the Milford Track.
The keen tramper with husband Ross Hunt on the Milford Track.
This course involves teaching final year law students the practical skills required by the New Zealand Law Society and the courts before they are admitted to the bar as practising lawyers.

At a ceremonial last sitting in February this year, Judge Russell Walker commended her as an excellent teacher and said that would be attested to by almost every second lawyer in New Zealand because most went through her professional course.

Judge Farnan and Mr Hunt had four children whose after-school activities required a sizable juggle with legal work and her compulsory exercise routine.

It was not uncommon for her office staff to receive a call to collect children waiting on the side of the road she had forgotten to pick up.

With three daughters (Emma, Hannah and Lu) and son Tom all competing as gymnasts, Judge Farnan was not content to just help in the canteen and fundraising — she trained to be a gymnastics judge, making a far bigger contribution.

Exercise was part of her daily routine.

She completed over 20 half marathons, five marathons, the 60km Kepler Challenge twice and the Luxmore Grunt separately.

A highlight was running the New York Marathon with her son and husband running support.

Tom, a representative runner for Otago, beat her to the finish line.

She was also a keen tramper in her day with several multi-day epics in Nelson, Arthurs Pass and Fiordland — before the trappings of espressos and en-suites took precedence.

A passion for travel was only surpassed by her love of shopping.

At her final sitting, mention was made of the contents of her chambers as observed by visiting judges.

Of remarkable note were its sizable wardrobe of clothing, a mountainbike and the care needed when sitting at her desk in case of causing a mini leather avalanche because of the number of pairs of shoes under it.

Among her staff she was known as "Fast Farnan" for her ability to get through an onerous list day.

In 2015 she was sworn in at a packed-out ceremony in the Dunedin District Court.

It was said to be one of the largest swearing in ceremonies ever seen, and testament to the deep respect people had for her.

Likewise at the special sitting of the Invercargill District Court, just three weeks before her death, it was standing room only, and an audio-visual link connected to an overflow courtroom next door.

Being sworn in as a judge, with chief judge Jan-Marie Doogue (left) and principal family court...
Being sworn in as a judge, with chief judge Jan-Marie Doogue (left) and principal family court judge Laurence Ryan (right) in 2015.
Judge Walker said she had been a powerhouse whose workload was the stuff of legends.

At the same time she had a reputation for being "humble, kind and courageous".

In reply, Judge Farnan recalled several notable court cases she presided over.

A father had sadly shot his son in a hunting accident.

It was very rare for a discharge with no conviction in this type of case, but she recalled she was crying on the bench as she did so.

In the case of a helicopter that crashed in the Lindis Pass killing the passenger, she felt by the end of the trial she could almost fly the helicopter having learned so much about the technical aspects of it.

She did not mention a family trip to Whakaari/White Island soon afterwards, which almost failed to lift off when she realised the machine to take them there was also a small Robinson helicopter.

Extensive surgery followed her cancer diagnosis in 2021, after which she managed a limited return to the bar.

Close friend Sally Ellison described her as incredibly stoic and philosophical about her illness.

"There’s no use complaining, I’ve really had a very lucky life, let’s not dwell on this boring health stuff," she recalled Judge Farnan telling her

Judge Farnan is survived by her husband, four children, five grandchildren, her mother and siblings Christine and Nicholas.

Compiled by Stephen Jaquiery

 

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