David was in practice from 1970 until 1988 when he was appointed a District Court Judge.
David served as a Judge from 1989 until 2016 on a full warrant and from 2018 until 2021 on an Acting Warrant. David held a General Warrant, a Jury Warrant and was a Designated Youth Court Judge.
In addition to his judicial duties he served as Chair of the Copyright Tribunal.
David lectured part-time at the Faculty of Law, University of Auckland in Law and Information Technology from 2000 up until and including 2018. David also conducted a Master’s Seminar Court in Media Law in 2018 with Associate Professor Rosemary Tobin. He was the Director of the ICT Law Centre at the Faculty of Law from 2016 until 2018 when he resumed judicial duties.
From 2017 – 2018 and again in 2022 David mentored and supervised junior lawyers at the Public Defence Service Office at Manukau.
The Internet poses considerable challenges especially in the regulatory and content context. David can assist with advice about Internet related issues and especially in the area of Harmful Digital Communications and Online Harassment. David can provide advice on liability in the context of the Internet as well as on regulatory and policy issues.
The way people consume media is constantly in flux so the law must adapt quickly. David can provide assistance and advice regarding complaints about media content to the New Zealand Media Council or to the Broadcasting Standards Authority. David can assist with advice surrounding media and open justice, non-publication orders, contempt of Court and access to Court documents.
David can provide advice and opinions on matters of criminal law and liability, the admissibility of evidence and potential challenges to admissibility, criminal disclosure, criminal jury trials together with trial strategy, tactics and procedure and finally sentencing and sentence indications.
Internet.law.nz – Selected Issues Butterworths\Lexis Nexis, Wellington. First Edition 2003; Second Edition 2005; Third Edition 2011; Fourth Edition 2015. Fourth Edition (Revised) 2016. Fifth edition 2022.
The Law Emprynted and Englysshed – The Printing Press as an Agent of Change in Law and Legal Culture 1475 – 1642 Hart Publishing, Oxford 2015 (Awarded the Legal Research Foundation J F Northey Prize 2015)
Collisions in the Digital Paradigm – Law and Rule making in the Internet Age (Hart, Oxford, 2017)
New Zealand Media and Entertainment Law (with Rosemary Tobin) (Thomson Reuters, Wellington 2017)
“The Googling Juror: The Fate of the Jury Trial in the Digital Paradigm” Paper delivered at the 13th International Criminal Congress – Queenstown September 13, 2012
“Judging E-Discovery Disputes” Courts Technology Conference 2011 (co-presentation with Daniel Garrie) – Long Beach, California USA September 18 2011.
“Cybersearches – Computer Searches and the Search and Surveillance Act” Surveillance Copyright and Privacy – The End of the Open Internet Conference – Otago University 30 January 2014
“The Online Court” Courts Technology Conference 2017, Salt Lake City Utah 13 September 2017
“A Comparative Look at Plea Bargaining in Australia, Canada, England, New Zealand, and the United States.” Marcus, Paul and Brook, Carol and Brook, Carol and Fiannaca, Bruno and Harvey, David John and McEwan, Jenny and Pomerance, Renee, (May 3, 2016). William & Mary Law Review, Vol. 57, 2016, Available at SSRN: https://ssrn.com/abstract=2774262
“Dangerous Speech - Some Legislative Proposals” (April 20, 2019). Available at SSRN: https://ssrn.com/abstract=3496363 or http://dx.doi.org/10.2139/ssrn.3496363
“Diluting Prejudice” (August 1, 2019). Available at SSRN: https://ssrn.com/abstract=3433826 or http://dx.doi.org/10.2139/ssrn.3433826
“Digital Evidence Admissibility: Some Issues” (December 17, 2019). Available at SSRN: https://ssrn.com/abstract=3505611 or http://dx.doi.org/10.2139/ssrn.3505611
“Digital Property Revisited” (April 26, 2020). Available at SSRN: https://ssrn.com/abstract=3585485 or http://dx.doi.org/10.2139/ssrn.3585485
“Hate Speech Proposals - A Consideration” (January 1, 2021). Available at SSRN: https://ssrn.com/abstract=3758593 or http://dx.doi.org/10.2139/ssrn.3758593
“Discounting Cultural Issues” (July 10, 2021). Available at SSRN: https://ssrn.com/abstract=3884142 or http://dx.doi.org/10.2139/ssrn.3884142
“Discounting Cultural Issues Revisited” (July 6, 2022) Available at SSRN: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4155689
"Discounting EM Bail – Developing the Evaluative Approach" (September 9 2022) https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4187422
"Background Information and Section 27 Reports for Sentencing – R v Berkland in the Supreme Court" (January 10 2023) https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4320484
“Speak and Be Not Silent: Recent Developments of the Privilege Against Self-Incrimination” (1996) 4 Waikato LR 60
“Spousal Non-Compellability: An Outmoded Obstacle to Factfinding” (1997) NZLJ
“Public Access to Legislative information and Judicial Decisions in New Zealand: Progress and Process”, (2002) 10 Australian Law Librarian, 48.
“E-Discovery in New Zealand: The Impact of the New High Court Rules.” (2012) 31 Civil Justice Quarterly 305 (With Daniel Garrie)
“New Zealand’s New Discovery Rules and Electronic Discovery Society for Computers and Law” - (2012) 23 Computers & Law (Issue 1) p. 36
“E-Discovery in New Zealand under the New Amended Rules” [2012] 9 Digital Evidence and Electronic Signature Law Review 7
“Social Media and the Judiciary” NZ Lawyer Online 31 August 2012
“The Googling Juror: The Fate of the Jury Trial in the Digital Paradigm” [2014] NZ Law Review 203
“Here’s the Thing: The Cybersearch Provisions of the Search and Surveillance Act 2012” (2013) 10 Digital Evidence and Electronic Signature LR 39
“Theft of Data” [2014] NZLJ 354
“Reasonable and Proportional Discovery in the Digital Paradigm” (2014) 3 Jnl of Civil Litigation and Practice (3) 103
“A Comparative Look at Plea Bargaining in Australia, Canada, England, New Zealand and the United States” (co-authored with Carol A. Brook, Hon Justice Fioannaca, Paul Marcus, Jenny McEwan and Hon Justice Renee Pomerance) (2016) 57 William & Mary Law Review 1147
“From Susskind to Briggs: Online Court Approaches” (2016) 5 Jnl of Civil Litigation and Practice 84
“Internet Exceptionalism in Canada – Equustek and Globe24H.com” (2017) 6 Jnl of Civil Litigation and Practice 102
“Recent Developments in New Zealand” Society for Computers and Law 5 March 2018 https://www.scl.org/articles/10160-recent-developments-in-new-zealand
“Courts and COVID-19: Delivering the Rule of Law in a Time of Crisis” (2020) 9 Jnl Civil Litigation and Practice 59
“Digital Property Revisited” (2020) 9 Jnl Civil Litigation and Practice 71
“A Comparative Examination of Police Interrogation of Criminal Suspects in Australia, Canada, England and Wales, New Zealand and the United States” (Co-authored with Carol A, Brook, Hon Justice Bruno Fianacca, Paul Marcus, Justice Renee Pomerance and Paul Roberts) (2021) 29 William and Mary Bill of Rights Jnl 909.
Casenote “Fairfax v Voller” (2021) 10 Jnl Civil Litigation and Practice 1
David was in practice from 1970 until 1988 when he was appointed a District Court Judge.
David served as a Judge from 1989 until 2016 on a full warrant and from 2018 until 2021 on an Acting Warrant. David held a General Warrant, a Jury Warrant and was a Designated Youth Court Judge.
In addition to his judicial duties he served as Chair of the Copyright Tribunal.
David lectured part-time at the Faculty of Law, University of Auckland in Law and Information Technology from 2000 up until and including 2018. David also conducted a Master’s Seminar Court in Media Law in 2018 with Associate Professor Rosemary Tobin. He was the Director of the ICT Law Centre at the Faculty of Law from 2016 until 2018 when he resumed judicial duties.
From 2017 – 2018 and again in 2022 David mentored and supervised junior lawyers at the Public Defence Service Office at Manukau.
The Internet poses considerable challenges especially in the regulatory and content context. David can assist with advice about Internet related issues and especially in the area of Harmful Digital Communications and Online Harassment. David can provide advice on liability in the context of the Internet as well as on regulatory and policy issues.
The way people consume media is constantly in flux so the law must adapt quickly. David can provide assistance and advice regarding complaints about media content to the New Zealand Media Council or to the Broadcasting Standards Authority. David can assist with advice surrounding media and open justice, non-publication orders, contempt of Court and access to Court documents.
David can provide advice and opinions on matters of criminal law and liability, the admissibility of evidence and potential challenges to admissibility, criminal disclosure, criminal jury trials together with trial strategy, tactics and procedure and finally sentencing and sentence indications.
Internet.law.nz – Selected Issues Butterworths\Lexis Nexis, Wellington. First Edition 2003; Second Edition 2005; Third Edition 2011; Fourth Edition 2015. Fourth Edition (Revised) 2016. Fifth edition 2022.
The Law Emprynted and Englysshed – The Printing Press as an Agent of Change in Law and Legal Culture 1475 – 1642 Hart Publishing, Oxford 2015 (Awarded the Legal Research Foundation J F Northey Prize 2015)
Collisions in the Digital Paradigm – Law and Rule making in the Internet Age (Hart, Oxford, 2017)
New Zealand Media and Entertainment Law (with Rosemary Tobin) (Thomson Reuters, Wellington 2017)
“The Googling Juror: The Fate of the Jury Trial in the Digital Paradigm” Paper delivered at the 13th International Criminal Congress – Queenstown September 13, 2012
“Judging E-Discovery Disputes” Courts Technology Conference 2011 (co-presentation with Daniel Garrie) – Long Beach, California USA September 18 2011.
“Cybersearches – Computer Searches and the Search and Surveillance Act” Surveillance Copyright and Privacy – The End of the Open Internet Conference – Otago University 30 January 2014
“The Online Court” Courts Technology Conference 2017, Salt Lake City Utah 13 September 2017
“A Comparative Look at Plea Bargaining in Australia, Canada, England, New Zealand, and the United States.” Marcus, Paul and Brook, Carol and Brook, Carol and Fiannaca, Bruno and Harvey, David John and McEwan, Jenny and Pomerance, Renee, (May 3, 2016). William & Mary Law Review, Vol. 57, 2016, Available at SSRN: https://ssrn.com/abstract=2774262
“Dangerous Speech - Some Legislative Proposals” (April 20, 2019). Available at SSRN: https://ssrn.com/abstract=3496363 or http://dx.doi.org/10.2139/ssrn.3496363
“Diluting Prejudice” (August 1, 2019). Available at SSRN: https://ssrn.com/abstract=3433826 or http://dx.doi.org/10.2139/ssrn.3433826
“Digital Evidence Admissibility: Some Issues” (December 17, 2019). Available at SSRN: https://ssrn.com/abstract=3505611 or http://dx.doi.org/10.2139/ssrn.3505611
“Digital Property Revisited” (April 26, 2020). Available at SSRN: https://ssrn.com/abstract=3585485 or http://dx.doi.org/10.2139/ssrn.3585485
“Hate Speech Proposals - A Consideration” (January 1, 2021). Available at SSRN: https://ssrn.com/abstract=3758593 or http://dx.doi.org/10.2139/ssrn.3758593
“Discounting Cultural Issues” (July 10, 2021). Available at SSRN: https://ssrn.com/abstract=3884142 or http://dx.doi.org/10.2139/ssrn.3884142
“Discounting Cultural Issues Revisited” (July 6, 2022) Available at SSRN: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4155689
"Discounting EM Bail – Developing the Evaluative Approach" (September 9 2022) https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4187422
"Background Information and Section 27 Reports for Sentencing – R v Berkland in the Supreme Court" (January 10 2023) https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4320484
“Speak and Be Not Silent: Recent Developments of the Privilege Against Self-Incrimination” (1996) 4 Waikato LR 60
“Spousal Non-Compellability: An Outmoded Obstacle to Factfinding” (1997) NZLJ
“Public Access to Legislative information and Judicial Decisions in New Zealand: Progress and Process”, (2002) 10 Australian Law Librarian, 48.
“E-Discovery in New Zealand: The Impact of the New High Court Rules.” (2012) 31 Civil Justice Quarterly 305 (With Daniel Garrie)
“New Zealand’s New Discovery Rules and Electronic Discovery Society for Computers and Law” - (2012) 23 Computers & Law (Issue 1) p. 36
“E-Discovery in New Zealand under the New Amended Rules” [2012] 9 Digital Evidence and Electronic Signature Law Review 7
“Social Media and the Judiciary” NZ Lawyer Online 31 August 2012
“The Googling Juror: The Fate of the Jury Trial in the Digital Paradigm” [2014] NZ Law Review 203
“Here’s the Thing: The Cybersearch Provisions of the Search and Surveillance Act 2012” (2013) 10 Digital Evidence and Electronic Signature LR 39
“Theft of Data” [2014] NZLJ 354
“Reasonable and Proportional Discovery in the Digital Paradigm” (2014) 3 Jnl of Civil Litigation and Practice (3) 103
“A Comparative Look at Plea Bargaining in Australia, Canada, England, New Zealand and the United States” (co-authored with Carol A. Brook, Hon Justice Fioannaca, Paul Marcus, Jenny McEwan and Hon Justice Renee Pomerance) (2016) 57 William & Mary Law Review 1147
“From Susskind to Briggs: Online Court Approaches” (2016) 5 Jnl of Civil Litigation and Practice 84
“Internet Exceptionalism in Canada – Equustek and Globe24H.com” (2017) 6 Jnl of Civil Litigation and Practice 102
“Recent Developments in New Zealand” Society for Computers and Law 5 March 2018 https://www.scl.org/articles/10160-recent-developments-in-new-zealand
“Courts and COVID-19: Delivering the Rule of Law in a Time of Crisis” (2020) 9 Jnl Civil Litigation and Practice 59
“Digital Property Revisited” (2020) 9 Jnl Civil Litigation and Practice 71
“A Comparative Examination of Police Interrogation of Criminal Suspects in Australia, Canada, England and Wales, New Zealand and the United States” (Co-authored with Carol A, Brook, Hon Justice Bruno Fianacca, Paul Marcus, Justice Renee Pomerance and Paul Roberts) (2021) 29 William and Mary Bill of Rights Jnl 909.
Casenote “Fairfax v Voller” (2021) 10 Jnl Civil Litigation and Practice 1
