Gary Judd KC

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Tikanga is not law

In the Ellis case, a majority of the New Zealand Supreme Court stated that tikanga was “the first law” of New Zealand. If the Supreme Court’s stance is confirmed in a case where such pronouncements are necessary, tikanga will apply generally within the common law of New Zealand. But “tikanga” cannot be the “first” law - because it is not “law” at all.


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Ruling Out Race-based Social Revolution

Regrettably, in today’s New Zealand there are people who, putting racism under new management and rejecting equality before the law, advance race-based co-governance as a serious proposition for New Zealand’s future. Now, public health, drinking water, sewage, storm water, local body governance, aspects of resource management and so on. Tomorrow, who knows?


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Legal Opinion: Pae Ora (Healthy Futures) Bill

Pae ora adopts the Ministry’s lopsided application of a suspect definition and goes further to create a serious structural imbalance where the determinant is race, not health needs.


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Three Waters: Ideological government indulging sectional political constituency

Councils now own drinking water, wastewater and stormwater assets, directly or indirectly. That will change. Only iwi/Māori will have ownership rights. Directly in some respects, indirectly in others. Local authorities will have none.


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Free trade, protectionism and the TPP 

The Trans‐Pacific Partnership has again been in the news, this time because initially President Obama was unable to get Congress to give him authority to fast track negotiations because of revolt within his own party but now because he appears to have overcome that difficulty in the House of Representatives although there is still doubt as to whether the Senate will approve the measure.