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Sir Edmund Walter Thomas (born 1934), widely known as Ted Thomas, is a New Zealand jurist. He is a retired judge of the
Court of Appeal of New Zealand The Court of Appeal of New Zealand is the principal intermediate appellate court of New Zealand. It is also the final appellate court for a number of matters. In practice, most appeals are resolved at this intermediate appellate level, rather t ...
and a former acting judge of the Supreme Court of New Zealand.


Biography

Thomas was educated at
Feilding Agricultural High School "Have Courage, Desire Greatly" , coordinates = , type = State Co-Ed Secondary School (Year 9–13) with boarding facilities , established = 1921 as Feilding Technical High School , MOE = 197 , principal = Nathan Stewart , ...
and Victoria University College graduating with a BA and
LLB Bachelor of Laws ( la, Legum Baccalaureus; LL.B.) is an undergraduate law degree in the United Kingdom and most common law jurisdictions. Bachelor of Laws is also the name of the law degree awarded by universities in the People's Republic of Chi ...
in 1956, and the
higher doctorate A doctorate (from Latin ''docere'', "to teach"), doctor's degree (from Latin ''doctor'', "teacher"), or doctoral degree is an academic degree awarded by universities and some other educational institutions, derived from the ancient formalism '' l ...
LLD in 2009. He was admitted to the bar as a barrister and solicitor of the Supreme Court (later the High Court) of New Zealand. Following many years as a partner at New Zealand law firm Russell McVeagh, he became a barrister sole and was appointed a QC in 1981. In 1989 and 1990, he was President of the
New Zealand Bar Association The New Zealand Bar Association (NZBA) is a voluntary association of lawyers in New Zealand who practise at the independent bar as barristers and King's Counsel. The NZBA is governed by an elected council headed by a president. James Farmer ...
, and in 1990 he was appointed to the bench of the High Court of New Zealand. In 1995 he was elevated to the Court of Appeal. He retired from the appellate bench in 2001. As a judge some saw him as a proponent of
judicial activism Judicial activism is a judicial philosophy holding that the courts can and should go beyond the applicable law to consider broader societal implications of its decisions. It is sometimes used as an antonym of judicial restraint. The term usually ...
. He was also noted for his frequent dissenting judgements, particularly after 1996. In 2002 Thomas was visiting fellow at the Research School of Social Sciences, The
Australian National University The Australian National University (ANU) is a public research university located in Canberra, the capital of Australia. Its main campus in Acton encompasses seven teaching and research colleges, in addition to several national academies an ...
, Canberra. From August 2004 he has been serving as
Distinguished Visiting Fellow
The
University of Auckland , mottoeng = By natural ability and hard work , established = 1883; years ago , endowment = NZD $293 million (31 December 2021) , budget = NZD $1.281 billion (31 December 2021) , chancellor = Cecilia Tarrant , vice_chancellor = Dawn F ...
. He was appointed a director of the
Reserve Bank of New Zealand The Reserve Bank of New Zealand (RBNZ, mi, Te Pūtea Matua) is the central bank of New Zealand. It was established in 1934 and is constituted under the Reserve Bank of New Zealand Act 1989. The governor of the Reserve Bank is responsible for N ...
in 2003, for a five-year term. Justice Thomas was brought out of retirement to become an acting Judge of the Supreme Court of New Zealand from 2005. He is a noted author, his works including ''The Judicial Process: Realism, Pragmatism, Practical Reasoning and Principles'' (
Cambridge University Press Cambridge University Press is the university press of the University of Cambridge. Granted letters patent by King Henry VIII in 1534, it is the oldest university press in the world. It is also the King's Printer. Cambridge University Pre ...
,
Cambridge Cambridge ( ) is a College town, university city and the county town in Cambridgeshire, England. It is located on the River Cam approximately north of London. As of the 2021 United Kingdom census, the population of Cambridge was 145,700. Cam ...
, 2005).


Honours and awards

In 1990, Thomas was awarded the New Zealand 1990 Commemoration Medal. He was made a member of the Privy Council in 1996. In the
2002 New Year Honours New Years' Honours are announced on or around the date of the New Year in Australia, Canada, New Zealand and the United Kingdom. The dates vary, both from year to year and from country to country. All are published in supplements to the London Ga ...
, he was appointed a
Distinguished Companion of the New Zealand Order of Merit The New Zealand Order of Merit is an order of merit in the New Zealand royal honours system. It was established by royal warrant on 30 May 1996 by Elizabeth II, Queen of New Zealand, "for those persons who in any field of endeavour, have rend ...
, for services as a judge of the Court of Appeal. Following the re-introduction of titular honours by the New Zealand government, he accepted redesignation as a
Knight Companion of the New Zealand Order of Merit The New Zealand Order of Merit is an order of merit in the New Zealand royal honours system. It was established by royal warrant on 30 May 1996 by Elizabeth II, Queen of New Zealand, "for those persons who in any field of endeavour, have rend ...
in 2009.


Notable judgments

''
Re Taylor ''Re Taylor'' is a leading New Zealand case on when the High Court will exercise its discretion and refuse to adjudicate a debtor bankrupt. Background The background to the application to adjudicate Mr Taylor bankrupt was summarised by Justic ...
'' (1992) 4 NZBLC 102,875. ''Livingston v. Roskilly''
992 Year 992 ( CMXCII) was a leap year starting on Friday (link will display the full calendar) of the Julian calendar. Events By place Worldwide * Winter – A superflare from the sun causes an Aurora Borealis, with visibility as fa ...
3 NZLR 230


References

{{DEFAULTSORT:Thomas, Ted 1934 births Living people Knights Companion of the New Zealand Order of Merit 20th-century New Zealand judges Victoria University of Wellington alumni High Court of New Zealand judges Court of Appeal of New Zealand judges Supreme Court of New Zealand judges New Zealand members of the Privy Council of the United Kingdom New Zealand King's Counsel People educated at Feilding High School 21st-century New Zealand judges