James Farmer

Legal Commentary

New Silks Appointed

Twelve new Silks (King’s Counsel) have been appointed in 2025. They include the first Pacific Island appointee – Tiana Epati, who is Samoan. She has had a stellar career, including as President of the Pacific Island Lawyers’ Association and as President of the New Zealand Law Society. She lives in Gisborne but is also a member of Bankside Chambers in Auckland. Her areas of practice are criminal law, regulatory investigations, companies and securities law and public and administrative law. King’s Counsel are appointed in New Zealand by the Attorney-General in concurrence with the Chief Justice, after a process of consideration More...

Theory of the Case

I was recently invited to address a group of young lawyers by a law firm on the subject of “The Theory of the Case”. I had to confess that writing down a theory of the case has not been a practice that I have followed throughout my litigation career. However, I found that there is a considerable volume of articles written on the subject which explain the advantages of doing so in a formal way. One that I found particularly helpful was by a Canadian lawyer, Martin Sclisizzi entitled “Theory of the Case How and Why Developed – an Overview”. Sclisizzi More...

The University of Auckland's Proposal to Merge the Faculties of Law and Business & Economics

On 12 November 2024, the University of Auckland published a proposal to merge the Faculties of Law and of Business and Economics into one Faculty. The proposal includes a division of the Law School into two departments, one focused on private law (including commercial law) and the other on public law.The justification for this radical proposal is stated as follows: “By combining the Faculties of Law and Business & Economics, the aim of the proposal is to create a comprehensive faculty that brings together distinct and complementary disciplinary strength.This proposed combined faculty structure would foster greater collaboration across a wide More...

Why I Did Not Sign "The Letter"

It has been reported publicly that 42 King’s Counsel have signed a letter addressed to the Prime Minister and the Attorney-General.  They urge the Prime Minister to “act responsibly now and abandon” the Treaty Principles Bill which had just had its First Reading.   This, notwithstanding that Christopher Luxon had (a) committed to the ACT party that National would support the introduction of the Bill as a condition of ACT agreeing to form a Government with National; but (b) stated publicly that he would not support the Bill at its Second Reading. I was asked to sign the letter but More...

Is there any hope for the next America's Cup being held in Auckland?

I begin this piece with an apology to New Zealand readers.   My assumption is that there is still interest in the America’s Cup.   All the evidence is however that New Zealanders feel betrayed by the decision of Team New Zealand (aided by the officers of the Royal New Zealand Yacht Squadron)  to take the Cup to Barcelona and that they have switched off from a team that calls itself Team New Zealand but no longer credibly represents New Zealand.   Significantly, a third of the membership of the Squadron resigned or refused to renew their membership, which has More...

Directors’ Duties to Creditors in an Insolvency Situation

Notes of lecture to Lawyers and Accountants specializing in Trust law (19 September 2023) Trading while insolvent Two-fold insolvency test: (1) balance sheet (assets and liabilities) (2) liquidity (paying debts as they fall due What are directors’ duties largely statutory – originated in Chancery Courts in England as fiduciary in nature – directors entrusted with company assets.  (The leading exposition of directors’ duties was that of Romer J in Re City Equitable Fire Insurance Company Ltd. [1925] 1 Ch. 407: duties are fiduciary in nature but directors are not trustees (at 426).) Companies Act 1993, (relevantly to present discussion) sections More...

Redundancy, Good faith and Employment Law

These are troubled times. Companies are seeking to cut costs and restructuring and reduction of their work force is an obvious way of doing so. Redundancy is the outcome. Unlike many countries, New Zealand lacks any statute that deals specifically with employers’ obligations and employees’ rights in a redundancy situation. For that reason, a recent Judgment of the Employment Court delivered by former President of the New Zealand Law Society, Judge Kathryn Beck – New Zealand Steel Limited v. Haddad [2023] NZEmpC 57 (5 April 2023) - will be of interest. It goes a long way to filling the gap More...

Is the America's Cup a poisoned chalice for New Zealand?

We all remember the excitement when Sir Peter Blake led Team New Zealand to win the America’s Cup from the United States in 1995, with the whole country getting behind the “red socks” campaign to raise money to ensure that the team got to the finish line.  Winning it from “Dirty Dennis” Connor, who was seen to be unsporting and who didn’t play fair, was the icing on the cake.  However, after Blake left, the Cup was lost to Alinghi but then won back again by Team NZ under Grant Dalton from Oracle in 2017 and then successfully defended in More...

The Passing of Two Knights of the Realm - Sir Murray Halberg and Sir Ian Barker

The past month has seen two outstanding men leave us – both, coincidentally, aged 89. Their accomplishments have been prominently recounted in the media and so this is not the place to write obituaries. But in different ways, they were each influential in my sporting and professional endeavours and I would like to pay a personal tribute to each of them. I did this previously in the case of George Barton QC, Don Dugdale and Richard Craddock QC (14 September 2011) and David Barnes (World Champion and America’s Cup sailor (2 November 2020). I feel privileged to have known and More...

Random Legal Thoughts While on a Post-Covid Lockdown European Trip

If nothing else, the last 3 years of a Covid-infected world have forced us to face new living and working conditions and severely inhibited our ability to travel abroad.  Enforced working from home during lockdowns and virtual Court hearings had their novelty value and there are some who would be happy never to go back to an office and (possibly) some Judges or Justice officials who would see the virtual hearing as a welcome step towards dispensing with oral hearings altogether with “Judgment on the papers” as an infinitely more efficient (and less costly) form of decision-making.The retorts are obvious. More...

Recent Posts

  1. New Silks Appointed 10-Oct-2025
  2. Theory of the Case 19-May-2025
  3. The University of Auckland's Proposal to Merge the Faculties of Law and Business & Economics 21-Jan-2025
  4. Why I Did Not Sign "The Letter" 20-Nov-2024
  5. Is there any hope for the next America's Cup being held in Auckland? 13-Sep-2024
  6. Directors’ Duties to Creditors in an Insolvency Situation 22-Sep-2023
  7. Redundancy, Good faith and Employment Law 18-Aug-2023
  8. Is the America's Cup a poisoned chalice for New Zealand? 09-May-2023
  9. The Passing of Two Knights of the Realm - Sir Murray Halberg and Sir Ian Barker 07-Dec-2022
  10. Random Legal Thoughts While on a Post-Covid Lockdown European Trip 31-Oct-2022
  11. America's Cup Venue - Fact or Fiction Chris Goode 04-Apr-2022
  12. Covid and the New Zealand Rules Committee Proposed Reforms Chris Goode 24-Jan-2022
  13. A Chat On The Virtual Couch About My Legal Career Chris Goode 26-Nov-2021
  14. America’s Cup Home Defence – Requisition For Special General Meeting Of Members Of Royal New Zealand Yacht Squadron To Discuss Venue For Next Defence Chris Goode 24-Nov-2021
  15. Pandemics 12-Nov-2021
  16. America's Cup - Just Do It and Positivity 20-Sep-2021
  17. September 11 - 20 Years On 09-Sep-2021
  18. Whither America's Cup? Chris Goode 22-Jun-2021
  19. Conducting Civil Appeals Chris Goode 07-Mar-2021
  20. David Barnes (27 April 1958 - 23 October 2020) - A Personal Note Chris Goode 02-Nov-2020
  21. Cannabis Bill Not the Right Reform Chris Goode 07-Oct-2020
  22. Whatever the result, is this the last time the America's Cup event is held in New Zealand? Chris Goode 14-Sep-2020
  23. Cannabis Legal Reform - Arguments For and Against Chris Goode 13-Aug-2020
  24. Will the Proposed Cannabis Legislation Achieve its "Overarching Objective" of Reducing the Harms Associated with Cannabis Use? Chris Goode 18-May-2020
  25. The Debate Continues - Virtual Hearings or Real Hearings Chris Goode 02-May-2020
  26. These Issues were all Predicted Pre-Covid-19 and 6 Years Ago Chris Goode 02-May-2020
  27. And here is a Report from Stuff of a Virtual Hearing this Week Chris Goode 30-Apr-2020
  28. More Correspondence on Covid-19 and the Courts Chris Goode 30-Apr-2020
  29. In Defence of Remote Technology - from Steve Keall Chris Goode 29-Apr-2020
  30. Court Hearings and Covid-19 - Part Two Chris Goode 29-Apr-2020
  31. Court Hearings and Covid-19 Chris Goode 28-Apr-2020
  32. Covid-19 and Executory Contracts: Will the Doctrine of Frustration Apply? Chris Goode 06-Apr-2020
  33. Race, Poverty and Education - Lessons from the UK learned while spending Christmas in London December 2019 Chris Goode 13-Jan-2020
  34. 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
  35. The Forthcoming Referendum on the Growing and Supply of Cannabis for Personal Recreational Use Chris Goode 19-Nov-2018
  36. Armistice Day and Its Sequel Chris Goode 13-Nov-2018
  37. An Easy Read of the Rule of Law in the World of Fiction Chris Goode 08-Aug-2018
  38. Bullying, Harassment and Gender Bias Chris Goode 22-May-2018
  39. Criticising Judges Chris Goode 07-May-2018
  40. America's Cup Part 3A Chris Goode 11-Dec-2017
  41. America's Cup Part 3 Chris Goode 04-Dec-2017
  42. Pro Bono Publico as an Aid to Living a Balanced Lifestyle Chris Goode 08-Nov-2017
  43. Terence Arnold Retires From the Supreme Court Bench Chris Goode 10-Apr-2017
  44. From Violence to Redemption Chris Goode 14-Mar-2017
  45. Drugs, Sports and Society Chris Goode 18-Oct-2016
  46. Are Our Law Schools Churning Out Too Many Lawyers? Chris Goode 25-Aug-2016
  47. Equiticorp 20 Years On Chris Goode 07-Jun-2016
  48. The Year in Retrospect Chris Goode 19-Jan-2016
  49. A Good Year for the Farmer Legal Family Chris Goode 30-Oct-2015
  50. Having a Balanced Life Style - Part 4 Chris Goode 21-Sep-2015
  51. 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
  52. Biographies Chris Goode 13-Apr-2015
  53. The Cost of Justice Chris Goode 13-Mar-2015
  54. The Increase in Unrepresented Litigants and Their Effect on the Judicial Process Chris Goode 11-Feb-2015
  55. Evidence - Notes of Presentation to Continuing Legal Education Seminar November 2014 Chris Goode 01-Dec-2014
  56. Corporate Governance and Directors' Liability Chris Goode 19-Aug-2014
  57. Paper Presented on 2 August 2014 at the Competition Law & Policy Institute of New Zealand 25th Annual Conference Chris Goode 05-Aug-2014
  58. Life in the Fast Lane Chris Goode 06-Jun-2014
  59. 2014 - Roaring Past Chris Goode 04-Jun-2014
  60. Commentary on Paper Delivered by Professor Andrew I Gavil at Commerce Commission Conference Chris Goode 18-Nov-2013
  61. America's Cup Wrap Up Chris Goode 04-Oct-2013
  62. Happiness, Living a Balanced Life and Legal Practice - Part II Chris Goode 15-Aug-2013
  63. America's Cup 2013 Chris Goode 01-Jul-2013
  64. Why the Rules of Evidence Matter in Civil Cases Chris Goode 11-Mar-2013
  65. The High Court in Review Chris Goode 07-Oct-2012
  66. "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
  67. Recent Reform Reports Chris Goode 03-Apr-2012
  68. Happiness, Living a Balanced Life and Legal Practice Chris Goode 09-Jan-2012
  69. In Defence of the Supreme Court Chris Goode 12-Dec-2011
  70. LEGAL COMMENTARY HOW GOOD IS OUR SUPREME COURT? Chris Goode 16-Nov-2011
  71. Cross Examination Notes Chris Goode 11-Nov-2011
  72. Are the independence of the Judiciary and the Rule of Law under threat? Chris Goode 16-Oct-2011
  73. Commentary on my commentary on Morse Chris Goode 14-Sep-2011
  74. The passing of three leaders of the Bar Chris Goode 14-Sep-2011
  75. How good is our Supreme Court? Chris Goode 08-Aug-2011

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