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Should judges stick to applying the law, or should they reshape it to reflect society’s values? This fundamental tension over judicial power was laid bare at a New Zealand Law Society webinar this month about what it takes to become a High Court judge. Read more

Imagine trying to take instructions from a deceased client, or entering into a contract with your great-great-grandparents. According to our Supreme Court's latest decision, these absurdities might not be far-fetched. Read more

The Supreme Court’s recent decision in Nikora v Kruger [2024] NZSC 130 has conjured up a revolutionary new principle of property law. According to our highest court, land can be beneficially owned by the dead. Read more

My recent column, “Parliament should rein in our runaway Supreme Court,” sounded the alarm on a troubling trend. Our highest court is overstepping its bounds, reshaping laws in ways that challenge Parliament’s authority. Read more

In February this year, I wrote about a surprising decision from New Zealand’s Supreme Court (Absurd: New Zealand courts can now decide on climate change, 5 February 2024). The Court allowed a climate change case against seven large companies to proceed, despite New Zealand’s emissions being a mere rounding error in global terms. This decision was not an isolated incident. Read more