Interview with Richard Sutton

Interview with Richard Sutton, born in London in 1938. Outlines his family background and moving to New Zealand in 1949. Refers to his parents' attitude to education and their religious and political views. Talks about his schooling in England and New Zealand. Discusses his interest in chess and winning the NZ chess championship three times. Mentions his mother Eve took up writing children's books in 1960. Refers to marrying Kensie Longman in 1965.

Discusses his decision to study law, graduating with BA LLB and then LLB Hons from Auckland University. Talks about working part-time in a law office and how this was part of his legal education. Refers to studying at Harvard University and the high standard of teaching there. Talks about returning to an academic career in Auckland, teaching Restitution, Creditors Remedies, Equity, and Economic Regulations. Mentions a new LLB course was developed 1972 while he was a senior lecturer, and compares the present system of legal education to the old system he experienced. Talks about a sabbatical at Oxford in 1973 where he wrote articles about Economic Duress and the Law of Mistake, which led to his later work in law reform. Discusses cases involving the law of Fiduciary Duty including Coleman v Meyers, his role in it, and its importance in bringing to light the duty of disclosure. Comments on the importance of a strong Bench in commercial cases, and on how the case influenced his teaching. Refers to the advent of large law firms and their ability to "discourage legislation by the little people".

Describes becoming Professor of Law at Otago University in 1980 and Dean of the Faculty in 1981-1985. Comments on having no administrative assistance as Dean, and the low status of the Faculty within the university affecting staff recruitment and promotion. Reflects on how the limitation on student enrolments from 1985 had a good effect. Talks about the establishment of a Community Law Centre, a student led exercise that was opposed by some staff. Refers to the strong relationships between the Faculty and the legal profession, and his involvement in the Otago District Law Society. Talks about returning to Otago University in 1998 and the establishment of a Maori Lectureship in the Faculty. Comments on his publications during his career and since he retired in 2004.

Refers to his involvement with the government Contracts and Commercial Law Reform Committee and the Property Law and Equity Law Reform Committee, which served to rephrase problematic sections of common law. Reflects on the demise of the committee system and why he feels the Law Commission does not manage to involve the legal profession to the same extent. Mentions that his involvement with law reform was curtailed while he was at Otago University. Discusses taking leave from the university to be a Law Commissioner 1992-1997, his role as Commissioner, other commissioners, specific projects he worked on, and the slow progress of legislation. Recalls in detail the establishment of the Te Matahauariki Project at Waikato University and his involvement in it over 1997-2007. Backgrounds the project on Maori Succession, visits to marae and encounters with Maori processes. Comments that projects on Law and Maori are challenging. Discusses political changes in New Zealand during the 1960s and later, lawyers being "expected to provide a cost analysis of every reform" they proposed, and how the Law Commission served the function "of bringing the government face to face with the rule of law". Refers to judges' attitudes to law reform and recalls outstanding law reformers in New Zealand. Comments on the influence of his religious faith on his work in Law, with issues related to same-sex relationships as an example.

Interviewer(s) - Helen Frizzell

Accompanying material - Curriculum Vitae (14 p.); photocopy of an article about his mother Eve writing children's books; photocopy of an article "Coleman and others v Myers and others" (New Zealand Law Review, 1977, p 225-227); photocopies of five articles from the Otago Daily Times about Richard Sutton (two on chess); printout of his profile as Emeritus Professor of Law from the University of Otago website printed 25 June 2008 (3 p.).

Arrangement: Tape numbers - OHDL-000090

Quantity: 1 digital sound recording(s) digital sound recording(s). 1 printed abstract(s). 1 Electronic document(s). 1 interview(s). 8.46 Hours and minutes Duration.

Physical Description: Sound files - wave files; Textual files - Microsoft word

Finding Aids: Abstract Available - abstracting complete OHDL-000091, OHA-5921.

Prints of three colour photographs including Richard Sutton (1987, 1990, 2006); print of a scanned B&W photograph of Richard Sutton at a chess tournament (1978).

Search dates: 1938 - 2008

Original recordings not available for playback. Surrogate copies will be provided.

Alternative form available: Both printed and digital versions of the abstract are available