James Farmer

Legal Commentary

America's Cup - Just Do It and Positivity

September 17 was the drop dead date by which, according to previous statements emanating from Team New Zealand, the venue for the next Defence of the America’s Cup (AC37) from the short list chosen of Cork, Valencia and Jeddah would – indeed must – be announced.  Well, September 17 has been and gone and it seems it wasn’t a drop dead date after all.  According to news reports (but not yet on its web site, though on that of RNZYS) Team NZ has decided on a delay, for an unspecified period.  That may be because the Irish Government has said More...

September 11 - 20 Years On

Like such landmark events as the first landing on the Moon, the killing of President Kennedy and the death of Princess Diana (on my birthday actually), we all remember where we were at the time. In the case of the terrorist attacks on the Twin Towers in New York and the Penatagon in Washington on September 11, 2001, I was participating in putting Ansett Australia into voluntary administration. Ansett was at that time a fully-owned subsidiary of Air New Zealand and I was Acting Chair of the latter. More could be said about that and the sequel which ultimately led More...

Whither America's Cup?

I have written about America’s Cup matters four times on this Blog, beginning on 1 July 2013 shortly before the Challenge racing in San Francisco and ending on 14 September 2020 with the prescient title “Whatever the result, is this the last time the America’s Cup event is held in New Zealand?”  And so here we are today following the end of the exclusive negotiating period between Team New Zealand and the New Zealand Government and Auckland Council with a “no deal” outcome.  That is accompanied by a seeming acceptance that the Cup is destined to go off-shore (probably forever) More...

Conducting Civil Appeals

Recently I took part with Jane Standage of Minter Ellison in an Auckland District Law Society Seminar chaired by Raynor Asher, retired Court of Appeal Judge, on the conduct of Civil Appeals.   Jane prepared a superb and comprehensive paper on all aspects of the subject which I urge any lawyer practising in litigation to obtain a copy of.  Raynor, as one would expect, provided invaluable insights into what is important to an appellate Judge.  My contribution was rather more prosaic but, for what it is worth, I will summarise the principal aspects of it below. Reviewing the Judgment under appeal More...

David Barnes (27 April 1958 - 23 October 2020) - A Personal Note

Last Friday (30 October 2020) was a sad day for those attending the funeral at St Joseph’s Church Takapuna of David Barnes but also a massive tribute to him from the yacht racing community.  The occasion, which was attended by everyone who was anyone in New Zealand yacht racing, provided a reminder of the prominent part that Dave played among New Zealand sailors of the past who led the way to New Zealand becoming a powerful participant in International yacht racing. As is well known, Dave (with Hamish Willcox) was the first New Zealander to win a World Championship in More...

Cannabis Bill Not the Right Reform

I have previously written about the Cannabis Bill referendum on my Blog on two occasions.  This is the third.   My justification is that the referendum is close and recent public debate has clarified the issues.  The report by the “panel of experts” chaired by the Prime Minister’s Chief Science Adviser and the further report by the New Zealand Drug Foundation also raise concerns as to whether the public is receiving full, accurate and sufficient disclosure of the potential harm that cannabis causes to health, particularly the young.  The distinction between legalization and decriminalization is also not fully appreciated.  Hence this More...

Whatever the result, is this the last time the America's Cup event is held in New Zealand?

New Zealanders have had a love-hate relationship with the America’s Cup and in particular with Team New Zealand since at least the time when the Cup was lost to Alinghi in 2003.  Always regarded – and in fact – “a rich man’s sport” and as such not easily fitting the New Zealand psyche where Jack is as good as his master, the efforts of Peter Blake, Russell Coutts, Brad Butterworth and Tom Schnakenberg in wresting the Cup from the United States and Dennis Connor in 1995 gave us a pride of achievement, a sort of David and Goliath feeling. That More...

Cannabis Legal Reform - Arguments For and Against

I have consistently believed that cannabis is a harmful substance and that people who use it for “recreational purposes” would be more sensible to choose a healthy form of recreation that doesn’t put them and those dependent on them, i.e. their children and future children, at risk of harm. A disappointing feature of the forthcoming cannabis reform referendum (apart from the fact that it's being held at all) is that it is the consequence of a political deal between the Labour and Green Parties.  Another feature of dubious morality is that it is being promoted as a measure that will More...

Will the Proposed Cannabis Legislation Achieve its "Overarching Objective" of Reducing the Harms Associated with Cannabis Use?

What does the proposed Cannabis Legalisation and Control Bill (to be voted for or against in the Referendum) provide? It is an overstatement to say that the Bill legalises cannabis.  It does allow cannabis to be purchased by adults up to a maximum daily amount from licensed businesses and to be used by them either at home or at a licensed cannabis cafe.  Adults may also grow 2 cannabis plants at home (maximum 4 per household) out of sight and not accessible from public areas.  However, persons under the age of 20 are prohibited from growing, possessing or using and, More...

The Debate Continues - Virtual Hearings or Real Hearings

http://theitcountreyjustice.wordpress.com/author/abridgement/ With his permission, I have provided a link above to the website that Dr David Harvey, former District Court Judge, operates. This is mandatory reading, though I remain convinced that we should not compromise the essential elements of the in-court, oral, adversarial hearing. David’s contrary position, put in delightful language, is: “Although the panoply of justice and the ‘majesty of the law’ aspect of public performance may serve some ceremonial or symbolic purpose they are not necessary to the proper and efficient delivery of justice services.” That forces me to confess that I personally opposed the abolition of the More...

Recent Posts

  1. America's Cup - Just Do It and Positivity 20-Sep-2021
  2. September 11 - 20 Years On 09-Sep-2021
  3. Whither America's Cup? Chris Goode 22-Jun-2021
  4. Conducting Civil Appeals Chris Goode 07-Mar-2021
  5. David Barnes (27 April 1958 - 23 October 2020) - A Personal Note Chris Goode 02-Nov-2020
  6. Cannabis Bill Not the Right Reform Chris Goode 07-Oct-2020
  7. Whatever the result, is this the last time the America's Cup event is held in New Zealand? Chris Goode 14-Sep-2020
  8. Cannabis Legal Reform - Arguments For and Against Chris Goode 13-Aug-2020
  9. Will the Proposed Cannabis Legislation Achieve its "Overarching Objective" of Reducing the Harms Associated with Cannabis Use? Chris Goode 18-May-2020
  10. The Debate Continues - Virtual Hearings or Real Hearings Chris Goode 02-May-2020
  11. These Issues were all Predicted Pre-Covid-19 and 6 Years Ago Chris Goode 02-May-2020
  12. And here is a Report from Stuff of a Virtual Hearing this Week Chris Goode 30-Apr-2020
  13. More Correspondence on Covid-19 and the Courts Chris Goode 30-Apr-2020
  14. In Defence of Remote Technology - from Steve Keall Chris Goode 29-Apr-2020
  15. Court Hearings and Covid-19 - Part Two Chris Goode 29-Apr-2020
  16. Court Hearings and Covid-19 Chris Goode 28-Apr-2020
  17. Covid-19 and Executory Contracts: Will the Doctrine of Frustration Apply? Chris Goode 06-Apr-2020
  18. Race, Poverty and Education - Lessons from the UK learned while spending Christmas in London December 2019 Chris Goode 13-Jan-2020
  19. Witnesses in Civil Cases - the Consequences of Not Calling and of Not Cross-Examining - A Paper Presented to the Pacific Islands Lawyers Association, Auckland, 22 November 2019 Chris Goode 21-Nov-2019
  20. The Forthcoming Referendum on the Growing and Supply of Cannabis for Personal Recreational Use Chris Goode 19-Nov-2018
  21. Armistice Day and Its Sequel Chris Goode 13-Nov-2018
  22. An Easy Read of the Rule of Law in the World of Fiction Chris Goode 08-Aug-2018
  23. Bullying, Harassment and Gender Bias Chris Goode 22-May-2018
  24. Criticising Judges Chris Goode 07-May-2018
  25. America's Cup Part 3A Chris Goode 11-Dec-2017
  26. America's Cup Part 3 Chris Goode 04-Dec-2017
  27. Pro Bono Publico as an Aid to Living a Balanced Lifestyle Chris Goode 08-Nov-2017
  28. Terence Arnold Retires From the Supreme Court Bench Chris Goode 10-Apr-2017
  29. From Violence to Redemption Chris Goode 14-Mar-2017
  30. Drugs, Sports and Society Chris Goode 18-Oct-2016
  31. Are Our Law Schools Churning Out Too Many Lawyers? Chris Goode 25-Aug-2016
  32. Equiticorp 20 Years On Chris Goode 07-Jun-2016
  33. The Year in Retrospect Chris Goode 19-Jan-2016
  34. A Good Year for the Farmer Legal Family Chris Goode 30-Oct-2015
  35. Having a Balanced Life Style - Part 4 Chris Goode 21-Sep-2015
  36. A Balanced Life Style (Part 3), Prisoners' Voting Rights, Top Gun, 7000kms in a Corvette, John Maynard Keynes and Atticus Finch Chris Goode 05-Aug-2015
  37. Biographies Chris Goode 13-Apr-2015
  38. The Cost of Justice Chris Goode 13-Mar-2015
  39. The Increase in Unrepresented Litigants and Their Effect on the Judicial Process Chris Goode 11-Feb-2015
  40. Evidence - Notes of Presentation to Continuing Legal Education Seminar November 2014 Chris Goode 01-Dec-2014
  41. Corporate Governance and Directors' Liability Chris Goode 19-Aug-2014
  42. Paper Presented on 2 August 2014 at the Competition Law & Policy Institute of New Zealand 25th Annual Conference Chris Goode 05-Aug-2014
  43. Life in the Fast Lane Chris Goode 06-Jun-2014
  44. 2014 - Roaring Past Chris Goode 04-Jun-2014
  45. Commentary on Paper Delivered by Professor Andrew I Gavil at Commerce Commission Conference Chris Goode 18-Nov-2013
  46. America's Cup Wrap Up Chris Goode 04-Oct-2013
  47. Happiness, Living a Balanced Life and Legal Practice - Part II Chris Goode 15-Aug-2013
  48. America's Cup 2013 Chris Goode 01-Jul-2013
  49. Why the Rules of Evidence Matter in Civil Cases Chris Goode 11-Mar-2013
  50. The High Court in Review Chris Goode 07-Oct-2012
  51. "Criticism of Supreme Court needs to be put in context" as published in the New Zealand Herald 11 May 2012 Chris Goode 23-May-2012
  52. Recent Reform Reports Chris Goode 03-Apr-2012
  53. Happiness, Living a Balanced Life and Legal Practice Chris Goode 09-Jan-2012
  54. In Defence of the Supreme Court Chris Goode 12-Dec-2011
  55. Instructions - dont publish! Chris Goode 16-Nov-2011
  56. LEGAL COMMENTARY HOW GOOD IS OUR SUPREME COURT? Chris Goode 16-Nov-2011
  57. Cross Examination Notes Chris Goode 11-Nov-2011
  58. Are the independence of the Judiciary and the Rule of Law under threat? Chris Goode 16-Oct-2011
  59. Commentary on my commentary on Morse Chris Goode 14-Sep-2011
  60. The passing of three leaders of the Bar Chris Goode 14-Sep-2011
  61. How good is our Supreme Court? Chris Goode 08-Aug-2011

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