Legal Commentary

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.   More...

What does the proposed Cannabis Legalisation and Control Bill (to be voted for or against in the Referendum) provide?  More...

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 wearing of wigs and bans in court. Why? To me, they did indeed symbolise the majesty of the law or, to put it more prosaically, they served as a reminder to everyone present - litigants, witnesses and counsel – that this was a serious forum and occasion where truth, honesty and fairness were on trial.

Jim Farmer

1 May 2020 More...

http://www.gilliancoumbe.co.nz/wp-content/uploads/2014/09/Gillian-Coumbe-QC-presentation-on-advocacy-challenges-in-21st-century-6-September-2014.pdf

This is a paper written and presented 6 years ago by Gillian Coumbe QC at the World Bar Conference in 2014 on the advent, and dangers, of technology being used to create virtual hearings in our courts, in the cause of efficiency. I would urge everyone to read and consider every word of it when thinking of how the courts should be dealing with the problems of Covid-19 today and to weigh those problems against the damage that the proposed solution of remote hearings of substantive matters will cause.

Jim Farmer

2 May 2020 More...

Thanks, Jim.  Good to have the contrasting views.  I am, however, with you on the need for and importance of in person hearings.  Sure, we can all "manage" otherwise to some degree if needed.  But, it's far from ideal (and I’m sceptical about some of the efficiency claims too).  My friends in the UK who have done Skype hearings in the Commercial Courts are all bemoaning those.  Consistent view seems to be that they take far longer/are much more tiring for all and advocacy gets lost.  I don't think arbitration is the silver bullet either.    More...

From 'Oh dear, this is hopeless' to OK  From Stuff 29 April 2020 More...