Peter Kelly (@PeterKelly@mastodon.nz)'s Avatar

Peter Kelly (@PeterKelly@mastodon.nz)

@kiwipeterkelly.bsky.social

Barrister (but posts are not in that capacity). Parent. He/Him. All views personal. General commercial litigation, trusts and equity, and public / constitutional law.

269 Followers  |  544 Following  |  585 Posts  |  Joined: 19.09.2023
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Posts by Peter Kelly (@PeterKelly@mastodon.nz) (@kiwipeterkelly.bsky.social)

I agree with Ewen. Better FYI with unhappy "customers" than no FYI. Feel free to get in touch if FYI needs legal advice (although frankly you seem to navigate those things fine).

05.03.2026 08:19 β€” πŸ‘ 1    πŸ” 0    πŸ’¬ 1    πŸ“Œ 0

the one who loved horses, the one who was a great goalkeeper, the one who kept a diary every day, the one who held her sister's hand when they walked to school, the one who read Harry Potter in English, the one who collected old coins, the one who drew rainbows for her grandmother ...

05.03.2026 03:04 β€” πŸ‘ 1514    πŸ” 435    πŸ’¬ 15    πŸ“Œ 13
Preview
U.S. sub sinks Iranian warship off Sri Lanka, killing 87 and expanding war zone A U.S. submarine sank an Iranian warship off the southern coast of Sri Lanka, killing dozens of sailors and dramatically widening Washington's pursuit of the Iranian navy.

A US submarine sinking a lonely, dinky Iranian surface ship an ocean away from the theater of the main conflictβ€”and 9000
miles from North Americaβ€”makes it pretty clear the US is fighting a general war, without the declaration required by the Constitution. www.reuters.com/world/asia-p...

04.03.2026 17:40 β€” πŸ‘ 13349    πŸ” 4934    πŸ’¬ 533    πŸ“Œ 286
Preview
Covid hospitalisations climb as New Zealand enters new wave There’s been an increase in hospitalisations and in wastewater detections, and it’s expected to last another month or two.

Still absolutely adamant you do not want Covid. Long Covid is still a crisis and is the worst health impact I’ve ever personally experienced.
Our health system is much worse than it was in 2020 - you do not want to navigate it with Covid impacts.

Book a booster here: app.bookmyvaccine.health.nz
πŸ‘‡

04.03.2026 06:16 β€” πŸ‘ 85    πŸ” 34    πŸ’¬ 0    πŸ“Œ 2

This is very liberal.

04.03.2026 06:22 β€” πŸ‘ 0    πŸ” 0    πŸ’¬ 0    πŸ“Œ 0

They've responded to this comprehensive failure by... trying to appease the right. Which seems like just an instance of the strategy whose manifest failure is what lead to them scrambling in the first place. I genuinely don't get, even by their own logic, why Starmerist crowd are behaving this way.

03.03.2026 09:08 β€” πŸ‘ 47    πŸ” 4    πŸ’¬ 3    πŸ“Œ 0

Raytheon Executive: I know you’re skeptical about buying American again. But hear me out. The MIM-104 Patriot is the only surface to air missile system with a proven track record of success against the US Air Force.

Danish Defense Minister: Continue.

02.03.2026 14:43 β€” πŸ‘ 5826    πŸ” 1297    πŸ’¬ 53    πŸ“Œ 39

Personally,I live in a polity where my kids were only eligible for the initial two shots, and anyone 16-30 can only get a single extra shot after all these years: www.healthnz.govt.nz/health-topic...

02.03.2026 17:28 β€” πŸ‘ 3    πŸ” 0    πŸ’¬ 1    πŸ“Œ 0

If you have not gotten your 2025-2026 COVID vaccine (and are able to) and you are arguing with ppl about how effective it is or isn’t at blocking breakthrough infections, please log off and go get vaccinated.

πŸ™ƒ

02.03.2026 17:15 β€” πŸ‘ 18    πŸ” 4    πŸ’¬ 1    πŸ“Œ 0

I'm sorry this came across as an attack on you. To be honest I wasn't really aware I was posting in your personal quote-tweet.

02.03.2026 05:37 β€” πŸ‘ 0    πŸ” 0    πŸ’¬ 0    πŸ“Œ 0

I don't think Prof. Fuhrer doesn't care, or why would he be posting? And I care deeply, hence my support for @covidactionnz.bsky.social although no one in my family is yet seriously affected. But there's a real risk of Lysenkoism if real science is rejected when it doesn't suit.

02.03.2026 04:46 β€” πŸ‘ 0    πŸ” 0    πŸ’¬ 1    πŸ“Œ 0

Do you ever feel that nearly everyone falls into one of two categories: (1) dedicated to never thinking about cov19 again, or (2) convinced that cov19 is just as bad as ever and everyone will be brain-damaged; and therefore talking about it but not supporting belief (2) is a lose-lose activity?

02.03.2026 04:36 β€” πŸ‘ 0    πŸ” 0    πŸ’¬ 2    πŸ“Œ 0

if people are using classified information to place bets, then theoretically others can analyze betting behavior to find signals that reveal classified information.

01.03.2026 03:28 β€” πŸ‘ 3456    πŸ” 944    πŸ’¬ 44    πŸ“Œ 35

If a decision is important enough that someone should be responsible for it, a machine shouldn’t be the one to make it. Because a machine can’t be held responsible.

01.03.2026 16:38 β€” πŸ‘ 40    πŸ” 5    πŸ’¬ 3    πŸ“Œ 0

This seems... not bad, actually?

01.03.2026 06:27 β€” πŸ‘ 2    πŸ” 0    πŸ’¬ 0    πŸ“Œ 0
Post image

Fun discovery, they were using meshblocks in 1945!

01.03.2026 02:11 β€” πŸ‘ 10    πŸ” 1    πŸ’¬ 2    πŸ“Œ 0

New Zealand should be coordinating with the EU and other like-minded countries to collectively negotiate proper safeguards, not quietly capitulating.

26.02.2026 00:17 β€” πŸ‘ 115    πŸ” 22    πŸ’¬ 1    πŸ“Œ 0

ICE’s killing of Nurul Amin Shah Alam through abandonment might be most horrifying yet.

27.02.2026 03:27 β€” πŸ‘ 7    πŸ” 1    πŸ’¬ 0    πŸ“Œ 0
A screenshot of an Official Information Act response, linked in the related post.

It states that "The reports you have requested are withheld in their entirety at this time" under Sections 6(c), 9(2)(ba)(i), 9(2)(b)(ii) and 9(2)(e).

It also states that the public interest has been considered and does not outweigh the need to withhold the reviews in this case.

A screenshot of an Official Information Act response, linked in the related post. It states that "The reports you have requested are withheld in their entirety at this time" under Sections 6(c), 9(2)(ba)(i), 9(2)(b)(ii) and 9(2)(e). It also states that the public interest has been considered and does not outweigh the need to withhold the reviews in this case.

I just received a reply to my request for the GP portal security reviews that the Ministry of Health performed back in 2019 and... they have all been withheld under Sections 6 and 9 of the Official Information Act.

fyi.org.nz/request/3340...

27.02.2026 03:15 β€” πŸ‘ 16    πŸ” 7    πŸ’¬ 2    πŸ“Œ 2
Federal courthouse in Nashville

Federal courthouse in Nashville

HAPPENING NOW: Good morning from the federal courthouse in Nashville, Tennessee.

A federal judge is set to preside over an evidentiary hearing on whether the United States government is vindictively prosecuting Kilmar Abrego Garcia.

I'm here for @lawfaremedia.org. Follow along ⬇️⬇️⬇️

26.02.2026 15:07 β€” πŸ‘ 6906    πŸ” 1658    πŸ’¬ 117    πŸ“Œ 62

It's interesting to ask ourselves whether a sufficiently general "fix" to that "problem" might help with pro-social alignment more generally. Not that I think a "sufficiently general fix" would be popular with those that choose.

26.02.2026 06:52 β€” πŸ‘ 0    πŸ” 0    πŸ’¬ 0    πŸ“Œ 0

Lest anyone think Judge Murphy selectively quoted Mary Larakersβ€”the DOJ lawyer defending third-country deportationsβ€”here's the full exchange from the transcript. storage.courtlistener.com/recap/gov.us...

26.02.2026 03:08 β€” πŸ‘ 502    πŸ” 203    πŸ’¬ 12    πŸ“Œ 11
Preview
Government deciding whether US should get access to New Zealanders' biometric data Officials are in talks with the US about a new travel deal.

I don't think we should be agreeing to anything like this with a country sliding into fascism. Given the enormous human rights implications, where is the Parliamentary oversight? #nzpol

www.rnz.co.nz/news/nationa...

25.02.2026 20:28 β€” πŸ‘ 65    πŸ” 25    πŸ’¬ 4    πŸ“Œ 2

The nominee for Surgeon-General.

25.02.2026 18:04 β€” πŸ‘ 1    πŸ” 0    πŸ’¬ 0    πŸ“Œ 0

It's so good but how to choose between it and Black Cat, White Cat?

25.02.2026 03:47 β€” πŸ‘ 1    πŸ” 0    πŸ’¬ 1    πŸ“Œ 0

Does the Mayor of Wellington truly believe the sea is now safe enough to swim in, or is he just…

…going through the motions?

πŸ€”πŸ’©

25.02.2026 00:18 β€” πŸ‘ 120    πŸ” 30    πŸ’¬ 26    πŸ“Œ 3

The left is going to end up with the CIA in the national divorce because educational polarization means knowing anything about China or Iran at all is woke coded, let alone leaning their language and history.

23.02.2026 22:58 β€” πŸ‘ 1438    πŸ” 209    πŸ’¬ 22    πŸ“Œ 16
Post image 23.02.2026 07:54 β€” πŸ‘ 22    πŸ” 7    πŸ’¬ 0    πŸ“Œ 0

Niceness is an aesthetic. Kindness is substantive.

22.02.2026 21:17 β€” πŸ‘ 11    πŸ” 3    πŸ’¬ 2    πŸ“Œ 0
The common law has a history of maintaining systems of privilege. English property rights facilitated the maintenance of wealth for a select few and, in turn, were critical to the colonial project in Aotearoa New Zealand.1 Similarly, the criminal law’s designation of right and wrong has constructed β€˜normative’ behaviours, privileging some identities over others. β€œStatus criminalisation”, the phenomenon of benign behaviour being criminalised by virtue of one’s particular existence, is an experience shared by both homeless people (who lack property) and LGBTQ+ individuals (who lack the hegemonic identity).2 In essence, queerness and homelessness offends the sensibilities of the heterosexual and housed.

This paper argues that, as a result, the criminal law penalises homeless LGBTQ+ youth in Aotearoa in two ways. Firstly, young LGBTQ+ people and takatāpui experience particularly poor outcomes in a range of vulnerability indicators which raise the likelihood of homelessness during their lifetimes. These vulnerability indicators are often treated harshly by the criminal law in practice, a phenomenon that I term β€˜hardship criminalisation’. Secondly, the law (historically and currently) has criminalised homeless and queer populations, fuelling distrust of authorities amongst those communities and creating barriers to queer, homeless youth accessing welfare support. This section examines how the criminal law treats queerness today, how indecency laws contribute to the criminalisation of LGBTQ+ homeless youth who lack privacy (building on the work of Libby Adler3), and how vagrancy laws still view the homeless person as a criminal.4 The sum of this analysis, and legacies of criminalisation, support the idea that welfare is inaccessible to LGBTQ+, homeless youth, contributing to their criminalisation.

The common law has a history of maintaining systems of privilege. English property rights facilitated the maintenance of wealth for a select few and, in turn, were critical to the colonial project in Aotearoa New Zealand.1 Similarly, the criminal law’s designation of right and wrong has constructed β€˜normative’ behaviours, privileging some identities over others. β€œStatus criminalisation”, the phenomenon of benign behaviour being criminalised by virtue of one’s particular existence, is an experience shared by both homeless people (who lack property) and LGBTQ+ individuals (who lack the hegemonic identity).2 In essence, queerness and homelessness offends the sensibilities of the heterosexual and housed. This paper argues that, as a result, the criminal law penalises homeless LGBTQ+ youth in Aotearoa in two ways. Firstly, young LGBTQ+ people and takatāpui experience particularly poor outcomes in a range of vulnerability indicators which raise the likelihood of homelessness during their lifetimes. These vulnerability indicators are often treated harshly by the criminal law in practice, a phenomenon that I term β€˜hardship criminalisation’. Secondly, the law (historically and currently) has criminalised homeless and queer populations, fuelling distrust of authorities amongst those communities and creating barriers to queer, homeless youth accessing welfare support. This section examines how the criminal law treats queerness today, how indecency laws contribute to the criminalisation of LGBTQ+ homeless youth who lack privacy (building on the work of Libby Adler3), and how vagrancy laws still view the homeless person as a criminal.4 The sum of this analysis, and legacies of criminalisation, support the idea that welfare is inaccessible to LGBTQ+, homeless youth, contributing to their criminalisation.

One of the privileges of this job is working with creative students doing good work.

As we see the government of NZ further criminalise homelessness and specifically target youth, I recall this excellent paper from a student who did my 2023 Law, Citizenship & Sexuality seminar.

22.02.2026 21:13 β€” πŸ‘ 8    πŸ” 3    πŸ’¬ 0    πŸ“Œ 0