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Strictly Obiter

@strictlyobiter

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

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19.11.2024
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Latest posts by Strictly Obiter @strictlyobiter

Great appointments, and presumably leads to a change in judicial styles as the current Walker J will become Tracey Walker J and the new judge will be Natalie Walker J.

13.03.2026 01:15 πŸ‘ 0 πŸ” 0 πŸ’¬ 0 πŸ“Œ 0

Carless days are slightly less serious than dangrous days, which are slightly less serious than rckless days.

12.03.2026 04:01 πŸ‘ 11 πŸ” 0 πŸ’¬ 3 πŸ“Œ 0

Which is O'Gorman J on whether can you be an accessory after the fact to murder for acts done while the victim is mortally wounded but before they've died?

12.03.2026 00:51 πŸ‘ 0 πŸ” 0 πŸ’¬ 0 πŸ“Œ 0

One of my favourite genres of decision is High Court ruling mid-criminal trial on a really important point of substantive criminal law but then the jury acquits so it's never appealed. They're always super-distilled - just pure focus.

Anyway, to that end, I recommend R v P [2025] NZHC 2412.

12.03.2026 00:50 πŸ‘ 0 πŸ” 0 πŸ’¬ 1 πŸ“Œ 0

β€œWhere’s that in your pleadings?”

10.03.2026 18:06 πŸ‘ 4 πŸ” 0 πŸ’¬ 0 πŸ“Œ 0

Yes, the recording should be uploaded in due course - maybe a small number of weeks?

10.03.2026 07:11 πŸ‘ 2 πŸ” 0 πŸ’¬ 1 πŸ“Œ 0

Ideally on some sort of carrot and stick approach. If they’re not going to respond to a gentle masterclass from Geoff then come the next directors duties case we’ll send in Peter Watts.

10.03.2026 06:55 πŸ‘ 5 πŸ” 0 πŸ’¬ 0 πŸ“Œ 0

I don’t think the SC was necessarily buying what Prof Geoff McLay was selling today, but it was genuinely warm, wonderful and thoughtful stuff about the relationship between statute and common law, and the Court’s role. We should let more academics loose on the courts.

10.03.2026 06:51 πŸ‘ 6 πŸ” 1 πŸ’¬ 2 πŸ“Œ 1

Katz J was a very natural fit on the Supreme Court bench today.

10.03.2026 03:42 πŸ‘ 3 πŸ” 0 πŸ’¬ 1 πŸ“Œ 0
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How I imagine all submissions in the BCCA go.

09.03.2026 02:54 πŸ‘ 2 πŸ” 0 πŸ’¬ 0 πŸ“Œ 0

No New Zealand court has done what I'm arguing for. No English court either. Nor Australian. But when times are tough you'll always have a friend in the British Columbia Court of Appeal.

09.03.2026 02:09 πŸ‘ 13 πŸ” 0 πŸ’¬ 2 πŸ“Œ 0
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Cook Islands CA sitting in Wellington.

08.03.2026 20:45 πŸ‘ 1 πŸ” 0 πŸ’¬ 1 πŸ“Œ 1
Preview
Hanna Wilberg – Administrative Law in Aotearoa New Zealand (or: I don’t have SSRN) I don’t have a SSRN like those cool academic types, but I wrote this review of Hanna Wilberg’s new textbook Administrative Law in Aotearoa New Zealand for Public Law Review. Since my dr…

strictlyobiter.com/2026/03/06/h...

06.03.2026 02:05 πŸ‘ 4 πŸ” 0 πŸ’¬ 3 πŸ“Œ 0

I'm doing the job I was born to do (proof reading the list of senior court judges names for the front of the hardcopy 2025 volumes of the NZLRs).

06.03.2026 00:46 πŸ‘ 6 πŸ” 0 πŸ’¬ 0 πŸ“Œ 0

Really want even one of my reserved judgments back. As a little Friday treat.

05.03.2026 21:21 πŸ‘ 1 πŸ” 0 πŸ’¬ 0 πŸ“Œ 0

Three young profs-goers waiting in this cafe and about to do their mock cross-examination. Much debate between them about whether they are meant to say good morning to the witness at the start.

05.03.2026 20:46 πŸ‘ 0 πŸ” 0 πŸ’¬ 0 πŸ“Œ 0

I would rather resign as a Minister of the Crown than say this.

05.03.2026 03:43 πŸ‘ 32 πŸ” 10 πŸ’¬ 5 πŸ“Œ 0
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Beyond a lawyer's wildest dreams - the registry wrongly insists an affidavit is required and your client pays you to successfully review the registrar's decision even when doing so has become moot.

Chief Executive of the New Zealand Customs Service v Chinchiller Brewing Ltd [2026] NZHC 341

04.03.2026 19:47 πŸ‘ 6 πŸ” 0 πŸ’¬ 2 πŸ“Œ 0

I finished my review and despite his better judgement @edwardmwillis.bsky.social will let it in his book review section for Public Law Review. His original email to me said he "couldn’t think of anyone better than [me] to ask", which really needed either a (complimentary) or (derogatory) after it.

04.03.2026 01:07 πŸ‘ 8 πŸ” 0 πŸ’¬ 0 πŸ“Œ 0
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What a way to learn I’m mid.

03.03.2026 23:41 πŸ‘ 4 πŸ” 0 πŸ’¬ 0 πŸ“Œ 0
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A question heavily litigated over dinner. Much more talented wife wants a purposive reading and says no. Her arch-textualist husband says the answer is yes, on the basis that Wellington Zoo has scorpions.

02.03.2026 06:58 πŸ‘ 13 πŸ” 0 πŸ’¬ 1 πŸ“Œ 0
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In re John Richard Templin Scholarship Trust [2026] NZHC 351. Seeking the Court's amendment of a Canterbury and Lincoln scholarship trust deed from the 1950s which requires scholarship applicants to be "of the White Race or a Māori".

02.03.2026 04:53 πŸ‘ 0 πŸ” 0 πŸ’¬ 0 πŸ“Œ 0
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Don't get me started.

27.02.2026 03:59 πŸ‘ 10 πŸ” 0 πŸ’¬ 0 πŸ“Œ 0

Over time, certain legal work becomes less specialised and more commoditised due to the frequency with which it is performed - things like conveyancing, visa applications, and urgent injunctions against hackers who stole your patients' details.

27.02.2026 01:25 πŸ‘ 16 πŸ” 3 πŸ’¬ 1 πŸ“Œ 0

Yes.

26.02.2026 06:59 πŸ‘ 1 πŸ” 0 πŸ’¬ 0 πŸ“Œ 0

As Muldoon famously remarked about NZers who move to Australia, β€œIt doesn't give my opponents much time to run up to an election does it?”

26.02.2026 05:04 πŸ‘ 8 πŸ” 0 πŸ’¬ 2 πŸ“Œ 0

I have once again been victimised by the District Court civil jurisdiction.

25.02.2026 22:55 πŸ‘ 9 πŸ” 0 πŸ’¬ 0 πŸ“Œ 0

How Much Is That Doggy In The Window (Forcing The Council To Spend Defending This Case)?

24.02.2026 06:35 πŸ‘ 8 πŸ” 0 πŸ’¬ 0 πŸ“Œ 0

β€œJustice Andrew Becroft described the case as incredibly unorthodox.” Well, yeah. Only because he couldn’t use swears.

24.02.2026 05:02 πŸ‘ 5 πŸ” 0 πŸ’¬ 1 πŸ“Œ 1
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Oh no, I am taking it into work but now my much more talented wife is just reading passages out to me and asking β€œis he related to [present day practitioner]?”. (The answer is always yes.)

21.02.2026 20:28 πŸ‘ 1 πŸ” 0 πŸ’¬ 0 πŸ“Œ 0