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The Supreme Court’s decisions late last year in A, B and C v D and E Limited as Trustees of the Z Trusti (the Alphabet case) and Whakatōhea Kotahitanga Waka (the Edwards case) v Ngāti Ira O Waiowekaii (the Edwards case) offer a striking study in contrasts. Both decisions have drawn attention for appearing to resist judicial overreach. Read more

Waitangi day debates about New Zealand’s sovereignty often fixate on a single moment: the signing of the Treaty of Waitangi in 1840. This focus is understandable, given the Treaty’s significance to both Māori and the Crown. Read more

Has the Supreme Court once again stepped outside its lane? A recent ruling about who controls our coastlines suggests our highest court is trying to reshape laws made by Parliament, rather than just apply them. Read more

David Harvey’s thoughtful critique in Law News of my report for The New Zealand Initiative, Who Makes the Law? Reining in the Supreme Court,[i] highlights the importance of addressing judicial overreach.[ii] The retired District Court judge agrees with the report’s conclusions that recent Supreme Court decisions raise legitimate concerns. Read more

One week after the American election, Trump-advisor Elon Musk tweeted a 2023 video outlining Trump’s plans for higher education. Trump is erratic. Read more

My recent report, Who Makes the Law? Reining in the Supreme Court,[i] has sparked widespread debate about judicial overreach by the Supreme Court. Read more

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