Chief Justice, litigator, and poet: a Q&A with Tom Weston KC

We sit down with litigation expert Tom Weston KC to discuss his distinguished career in law, including six years as Chief Justice of the Cook Islands, and his accomplishments as a published author.

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Why did you choose a career in Law?

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I come from a family of lawyers. One was a Judge and another was a King's Counsel. My father practiced as a commercial solicitor and sat on the Boards of numerous companies. I think he always regretted not practising as a litigator but, post-war, there were not a lot of opportunities for that. As a teenager, I hankered after being an architect but had enough sense to know that was a hopeless ambition. I started my law degree and the discipline of the law felt congenial so I stuck with it. And here I am some 45 years later.

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What motivated your transition to the independent bar?

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I was a litigator right from the outset and, in my 20s and 30s, regularly practiced with and against barristers. It became inevitable that I would join the independent bar and I did so in 1996, taking Silk in 1999. ‍

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What are some key moments or achievements in your career so far?

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Over 45 years, you win some cases and you lose others. A win might appear to be a highlight (at least for a while) but a legal career will see a mix on either side of the ledger. Two things, however, stand out for me. First, my part-time role as Chief Justice of the Cook Islands (2010-2016) was an extraordinary opportunity. The burden of it sometimes seemed intolerable but the privilege of acting as Chief Justice of a Pacific nation was quite something. Secondly, the 11½ month-long trial in the Carter Holt v Genesis case (where Simon Foote KC and I acted for Genesis) was memorable. It fell short of the New Zealand record for trial-length by a few weeks. It certainly was quite the burden!

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Does anything stand out from your time as Chief Justice in the Cook Islands?

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The role of Chief Justice involves a mix of administrative and judicial functions. As the senior judicial officer, I worked with the local Community Magistrates to upskill them and integrate them into the judiciary more generally. The New Zealand District Court provided mentoring and training assistance which helped the court to build its capacity. During my six years as Chief Justice I heard many cases, all of which were memorable (for better or for worse) for those involved in them. A few achieved a higher profile. I was the first instance Judge in relation to a challenge to the National Superannuation Fund. My decision in the High Court was appealed to the Court of Appeal and, from there, to the Privy Council (the highest court of the Cook Islands).

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You are also a published author. How does your work as a poet intersect with your career as a lawyer?

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I have published a number of books of poetry, one of which was long-listed for the 2018 Ockham Book Awards.[1] Some think poetry an odd occupation for a lawyer but I beg to differ. Both law and poetry are intimately connected with language and communication. The skills in one inform the other. And one of the great American poets of the twentieth century, Wallace Stevens, was an insurance lawyer. So there is some precedent for this.

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