James Anson-Holland

LLB (Hons), AAMINZ, Associate

James is an associate based in the Auckland office.  His practice has a particular focus on commercial, equity, and trust law. 

James joined the firm having graduated from the University of Canterbury with a Bachelor of Laws with First Class Honours.  While at the University of Canterbury he won a number of academic class prizes and was a recipient of the Mahony Cup, awarded to the winners of a New Zealand Law Foundation national mooting competition.  He currently works in the Dispute Resolution Team.

James is an affiliate member of the Society of Trust and Estate Practitioners (STEP) and is undertaking a series of advanced certificates toward a STEP Diploma in Trusts and Estates.  He is also an associate of the Arbitrators’ and Mediators’ Institute of New Zealand Inc (AMINZ) and has presented a paper at the annual AMINZ Arbitration Day. 
 
James continues to tutor at the University of Canterbury School of Law where he assists the faculty with a number of academic courses.  He has also lectured at the School of Law.
 
James has continued to publish a broad range of academic works in leading New Zealand and Australian legal journals, including the New Zealand Law Review, Public Law Review, and The Arbitrator & Mediator.  He is also the author of a number of chapters in the leading New Zealand texts, Laws of Trusts (online loose leaf ed, Lexis Nexis) and Wills and Succession (online loose leaf ed, Lexis Nexis). 

Recent Articles

2/09/2019

The amenability of private school decisions to judicial review

The question of whether private school decisions are amenable to judicial review has yet to be answered in New Zealand. James Anson-Holland’s recent article The Amenability of Private School Decisions to Judicial Review published in the Public Law Review (2019) 30 PLR 106 discusses the conflicting judicial and academic debate within the Commonwealth in order to conclude that private education is sufficiently public to attract judicial review.

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22/11/2018

Review of the Property (Relationships) Act 1976

The Law Commission is reviewing the Property (Relationships) Act 1976 (Act). As part of its review, the Law Commission has recently released their preferred approach for changes to the Act.

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29/05/2018

Family Protection Act: (un)enforceable contracting out provisions

The situation is seen all too often. In contemplation of spousal separation, or in preparation for death, individuals and members of their immediate family will often enter into inter vivos deeds of separation or deeds of family arrangement. The purpose for entering into these deeds often involves managing sensitive interfamilial relationships.

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14/09/2017

A new look for the law of contempt in New Zealand?

The purpose of this article is to provide a brief overview of the current position on the law of contempt and to summarise the Law Commission's recommendations and the Government's Response in order to comment on the future scope of contempt in New Zealand.

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Memberships

  • Arbitrators and Mediators Institute of New Zealand (AMINZ)

  • Society of Trust and Estate Practitioners (STEP)

Publications

  • Locked down but not detained [2020] New Zealand Law Journal 166

  • Who should pay, and when? [2019] New Zealand Law Journal 360

  • The Amenability of Private School Decisions to Judicial Review (2019) 30 Public Law Review 106

  • The corporate trustee safety net? The emergence of so called ‘dog-leg’ claims and the potential liability for directors of corporate trustees in New Zealand [2019] New Zealand Law Journal 211

  • The enforceability of arbitration clauses involving actions in rem: a critical analysis of the rationale in Lawson v Gawith (2019) 38 (1) The Arbitrator & Mediator 74

  • Fan Fiction: A New Zealand Copyright Perspective [2018] New Zealand Law Review 1
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