Anthony Molloy (lawyer)
Encyclopedia
Anthony Patrick Molloy QC
, LL.D (Auckland) (born 3 March 1944) is a leading Auckland
lawyer, wine grower, and author.
at St Peter's College, Auckland
, by the Jesuit Fathers at Holy Name Seminary
, Christchurch
and at Auckland University, where he won the Hugh Campbell Scholarship in law.
(as it was then called) as a Barrister and Solicitor
in Auckland in 1967. He commenced practice as a Barrister sole
in 1969. His practice has been largely in the areas of banking law, domestic and international income and capital taxation, goods and services tax
, partnership law
, property law
, trusts and wills
. He has been active in establishing, in the taxation area, the principles of administrative law
and judicial review
, appearing as counsel in several important cases before the superior court
s of New Zealand. For many years Molloy was part time lecturer at the University of Auckland Law School
in the Law of Trusts, Wills and Succession and was, for ten years, assessor and moderator in those subjects for all the University Law Schools in New Zealand. He has published widely, most notably, Molloy on Income Tax (1976) and, with PRH Webb, The Law of Partnership in New Zealand (1998). In 1977, Molloy was awarded the degree of Doctor of Laws (LL.D) by the Auckland University in recognition of his "contributions of special excellence to legal scholarship". In 1984, he was elevated to the rank of Queens Counsel. Molloy has also practised in Canon law
as counsel appointed by the Catholic Bishop of Auckland
in the Ecclesiastical Courts of the Catholic Church.
. His appointment drew protests from some of the parties and in early 1995 the Commissioner Sir Ronald Davison
terminated his appointment. Molloy later published a book (Thirty Pieces of Silver (1998)) on some of the issues relevant to that inquiry and, more broadly, the role in New Zealand, of the large legal firm, Russell McVeagh McKenzie Bartleet & Co
. He has also published other comment on the Winebox Inquiry.
, 30 km south of Auckland, on a peninsula
on the Manukau harbour
. The original plantings were Cabernet Sauvignon
, Cabernet Franc
and Merlot
. From these vines, St Nesbit produced an award-winning red wine. However, the vines were decimated by leaf roll virus in the early 1990s and had to be removed. The vineyard was then replanted with the five Bordeaux
varieties (the three mentioned above with Petit Verdot
and Malbec
) using new clones
, low-vigour rootstock
and very high plant densities. The first vintage was released from the new vineyard in 2002. It was the first St Nesbit released in 10 years. St Nesbit continues to make only one wine, a vineyard-determined blend.
Anthony Molloy QC is an editor of and Trustees.
Queen's Counsel
Queen's Counsel , known as King's Counsel during the reign of a male sovereign, are lawyers appointed by letters patent to be one of Her [or His] Majesty's Counsel learned in the law...
, LL.D (Auckland) (born 3 March 1944) is a leading Auckland
Auckland
The Auckland metropolitan area , in the North Island of New Zealand, is the largest and most populous urban area in the country with residents, percent of the country's population. Auckland also has the largest Polynesian population of any city in the world...
lawyer, wine grower, and author.
Early life
Molloy was educated by the Christian BrothersCongregation of Christian Brothers in New Zealand
The Congregation of Christian Brothers is a Catholic religious order which has been established in New Zealand since 1876. The order's particular charism is the education of boys and in New Zealand the order has been responsible for eight schools and has launched other educational...
at St Peter's College, Auckland
St Peter's College, Auckland
St Peter's College is a Catholic college for year 7 to 13 boys . The school, located in Auckland, is one of the largest Catholic schools in New Zealand and is an integrated school under an integration agreement entered into by the Catholic Bishop of Auckland and the Government of New Zealand in...
, by the Jesuit Fathers at Holy Name Seminary
Holy Name Seminary
Holy Name Seminary was a Roman Catholic seminary staffed by the Society of Jesus established in New Zealand for the training of priests. It was first opened in 1947 in Christchurch and closed at the end of 1978.-Establishment:...
, Christchurch
Christchurch
Christchurch is the largest city in the South Island of New Zealand, and the country's second-largest urban area after Auckland. It lies one third of the way down the South Island's east coast, just north of Banks Peninsula which itself, since 2006, lies within the formal limits of...
and at Auckland University, where he won the Hugh Campbell Scholarship in law.
Legal career
Molloy was admitted in the Supreme Court of New ZealandHigh Court of New Zealand
The High Court of New Zealand is a superior court of New Zealand. It was established in 1841 and known as the Supreme Court of New Zealand until 1980....
(as it was then called) as a Barrister and Solicitor
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
in Auckland in 1967. He commenced practice as a Barrister sole
Barrister
A barrister is a member of one of the two classes of lawyer found in many common law jurisdictions with split legal professions. Barristers specialise in courtroom advocacy, drafting legal pleadings and giving expert legal opinions...
in 1969. His practice has been largely in the areas of banking law, domestic and international income and capital taxation, goods and services tax
Goods and Services Tax (New Zealand)
Goods and Services Tax is a value added tax introduced in New Zealand on 1 October 1986 at 10%. It later increased to 12.5% on 1 July 1989 and was further increased to 15% on 1 October 2010....
, partnership law
Partnership
A partnership is an arrangement where parties agree to cooperate to advance their mutual interests.Since humans are social beings, partnerships between individuals, businesses, interest-based organizations, schools, governments, and varied combinations thereof, have always been and remain commonplace...
, property law
Property law
Property law is the area of law that governs the various forms of ownership in real property and in personal property, within the common law legal system. In the civil law system, there is a division between movable and immovable property...
, trusts and wills
Wills
Wills is a surname and may refer to:* Alfred Wills , English High Court judge and mountaineer* Andrew Wills , Australian rules footballer* Anneke Wills , British actress...
. He has been active in establishing, in the taxation area, the principles of administrative law
Administrative law
Administrative law is the body of law that governs the activities of administrative agencies of government. Government agency action can include rulemaking, adjudication, or the enforcement of a specific regulatory agenda. Administrative law is considered a branch of public law...
and judicial review
Judicial review
Judicial review is the doctrine under which legislative and executive actions are subject to review by the judiciary. Specific courts with judicial review power must annul the acts of the state when it finds them incompatible with a higher authority...
, appearing as counsel in several important cases before the superior court
Superior court
In common law systems, a superior court is a court of general competence which typically has unlimited jurisdiction with regard to civil and criminal legal cases...
s of New Zealand. For many years Molloy was part time lecturer at the University of Auckland Law School
University of Auckland Law School
The University of Auckland Law School is one of the nine faculties that make up the University of Auckland. It forms part of the city campus but is separate from what is termed the "main campus" which spreads across four blocks, two on each side of Symonds Street...
in the Law of Trusts, Wills and Succession and was, for ten years, assessor and moderator in those subjects for all the University Law Schools in New Zealand. He has published widely, most notably, Molloy on Income Tax (1976) and, with PRH Webb, The Law of Partnership in New Zealand (1998). In 1977, Molloy was awarded the degree of Doctor of Laws (LL.D) by the Auckland University in recognition of his "contributions of special excellence to legal scholarship". In 1984, he was elevated to the rank of Queens Counsel. Molloy has also practised in Canon law
Canon law
Canon law is the body of laws & regulations made or adopted by ecclesiastical authority, for the government of the Christian organization and its members. It is the internal ecclesiastical law governing the Catholic Church , the Eastern and Oriental Orthodox churches, and the Anglican Communion of...
as counsel appointed by the Catholic Bishop of Auckland
Roman Catholic Diocese of Auckland
The Latin Rite Catholic Diocese of Auckland is one of the two original dioceses in New Zealand. Although formally a suffragan diocese of the Archdiocese of Wellington, both were erected on 20 June 1848...
in the Ecclesiastical Courts of the Catholic Church.
Winebox
In 1994, Molloy was appointed as taxation adviser to Counsel assisting the Winebox InquiryWinebox Inquiry
The Winebox Inquiry was an inquiry undertaken in New Zealand to investigate claims of corruption and incompetence in the Serious Fraud Office and Inland Revenue Department ....
. His appointment drew protests from some of the parties and in early 1995 the Commissioner Sir Ronald Davison
Ronald Davison
Sir Ronald Keith Davison, GBE, CMG, QC was the tenth Chief Justice of New Zealand from 1978 to 1989.Sir Ronald headed the government inquiry into certain matters related to overseas company taxation, popularly known as the Winebox Inquiry. This involved allegations against a number of parties...
terminated his appointment. Molloy later published a book (Thirty Pieces of Silver (1998)) on some of the issues relevant to that inquiry and, more broadly, the role in New Zealand, of the large legal firm, Russell McVeagh McKenzie Bartleet & Co
Russell McVeagh
Russell McVeagh is one of New Zealand's leading law firms. Along with Bell Gully and Chapman Tripp, it is considered to be one of the "big three" firms of New Zealand....
. He has also published other comment on the Winebox Inquiry.
Wine grower
In 1980 Molloy and his wife Petra established the St Nesbit vinyard and winery at KarakaKaraka, New Zealand
Karaka is a small town of Auckland, New Zealand. Located in Franklin, one of Auckland's two districts. Under the authority of the Franklin District Council.It is primarily a rural town associated with dairy farming and sheep...
, 30 km south of Auckland, on a peninsula
Peninsula
A peninsula is a piece of land that is bordered by water on three sides but connected to mainland. In many Germanic and Celtic languages and also in Baltic, Slavic and Hungarian, peninsulas are called "half-islands"....
on the Manukau harbour
Manukau Harbour
Manukau Harbour is the second largest natural harbour in New Zealand by area. It is located to the southwest of the Auckland isthmus, and is an arm of the Tasman Sea.-Geography:...
. The original plantings were Cabernet Sauvignon
Cabernet Sauvignon
Cabernet Sauvignon is one of the world's most widely recognized red wine grape varieties. It is grown in nearly every major wine producing country among a diverse spectrum of climates from Canada's Okanagan Valley to Lebanon's Beqaa Valley...
, Cabernet Franc
Cabernet Franc
Cabernet Franc is one of the major black grape varieties worldwide. It is principally grown for blending with Cabernet Sauvignon and Merlot in the Bordeaux style, but can also be vinified alone - as in the Loire's Chinon...
and Merlot
Merlot
Merlot is a darkly blue-coloured wine grape, that is used as both a blending grape and for varietal wines. The name Merlot is thought to derive from the Old French word for young blackbird, merlot, a diminutive of merle, the blackbird , probably from the color of the grape. Merlot-based wines...
. From these vines, St Nesbit produced an award-winning red wine. However, the vines were decimated by leaf roll virus in the early 1990s and had to be removed. The vineyard was then replanted with the five Bordeaux
Bordeaux wine
A Bordeaux wine is any wine produced in the Bordeaux region of France. Average vintages produce over 700 million bottles of Bordeaux wine, ranging from large quantities of everyday table wine, to some of the most expensive and prestigious wines in the world...
varieties (the three mentioned above with Petit Verdot
Petit verdot
Petit Verdot is a variety of red wine grape, principally used in classic Bordeaux blends. It ripens much later than the other varieties in Bordeaux, often too late, so it fell out of favour in its home region. When it does ripen, it is added in small amounts to add tannin, colour and flavour to the...
and Malbec
Malbec
Malbec is a purple grape variety used in making red wine. The grapes tend to have an inky dark color and robust tannins, and are long known as one of the six grapes allowed in the blend of red Bordeaux wine. The French plantations of Malbec are now found primarily in Cahors in the South West...
) using new clones
Cloning
Cloning in biology is the process of producing similar populations of genetically identical individuals that occurs in nature when organisms such as bacteria, insects or plants reproduce asexually. Cloning in biotechnology refers to processes used to create copies of DNA fragments , cells , or...
, low-vigour rootstock
Rootstock
A rootstock is a plant, and sometimes just the stump, which already has an established, healthy root system, used for grafting a cutting or budding from another plant. The tree part being grafted onto the rootstock is usually called the scion...
and very high plant densities. The first vintage was released from the new vineyard in 2002. It was the first St Nesbit released in 10 years. St Nesbit continues to make only one wine, a vineyard-determined blend.
Selected bibliography of works by Anthony Molloy
- Molloy on income tax, Butterworths, Wellington, 1976.
- Molloy on tax disputes, investigations and crimes, Fishmore Press, Auckland, 1988.
- Principles of the law of partnership, Butterworths, Wellington, 1996 (with PRH Webb).
- Thirty pieces of silver: a big New Zealand law firm and its concept of professional responsibility, viewed through its words, its works and its documents, Howling at the Moon productions, Auckland, 1998;
Anthony Molloy QC is an editor of and Trustees.