Strictly Obiter

@strictlyobiter.bsky.social

Going on a frolic of his own. Distinguished Fellow at the Robert Muldoon Centre for Constitutional Law. Please send all complaints c/- Rt Hon Dame Helen Winkelmann GNZM Supreme Court of New Zealand 85 Lambton Quay Wellington

A high school was visiting the High Court today, so I made my submissions with an audience of 40 teenagers in the public gallery. Pleased to be inspiring the next generation to careers in medicine and engineering.

Most judges, crafting an opening: time for a zinger-on-wry. Gwyn J, crafting an opening: the ageless terrors of the deep are not for land-bound mortals to know. Environmental Law Initiative v Minister for Oceans and Fisheries [2026] NZHC 1887.

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Nicoll v Police [2026] NZHC 1781 an interesting discussion about tailoring sentences to avoid/invoke parole consequences - eg a sentence of two years and one day. But also noteworthy for this line from Johnstone J.

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Some people are very excited about this Garfield AI that beat a team of lawyers but my years of litigation experience have prepared me for this. I’ve lost to silks, I’ve lost to good lawyers, I’ve lost to shit lawyers, I’ve gone down in a screaming heap to self-reps. I’m ready to lose to AI.

Wairarapa Moana Ki Pouākani Inc v Attorney-General [2026] NZCA 255 a fascinating judgment in that the Court of Appeal spends the entire time having to try to explain why it's not going to do what the SC did in Fitzgerald, and then also why it's not going to do what the SC did in Chisnall.