| Year | Title | Author | |
| 2022 | In the absence of a jury - Examining judge-alone rape trials | Elisabeth McDonald |  |
| Synopsis: | Calls for changes to the trial process in rape cases, including removing the jury as fact-finder, have been consistent over time and across jurisdictions.
This book is the second of three publications which describe what can be observed when the door to the courtroom is metaphorically opened to researchers during adult rape trials. Through the privilege of being granted access to case files, the transcripts and audio of complainant evidence in more than 70 trials over a 10-year period have been examined.
Possible reforms within the existing adversarial trial process in adult rape cases were proposed at the conclusion of a related piece of research published in 2020 – Rape Myths as Barriers to Fair Trial Process. A number of the recommendations, and the underlying case analysis, influenced the final drafting of the Sexual Violence Legislation Bill 2019 (NZ), the Solicitor-General’s Guidelines for Prosecuting Sexual Violence and appellate decisions on rules of evidence and procedure.
The 40 adult rape cases considered in that publication were all jury trials, in which the issue was consent. This comparative piece of work examines whether complainant experience is different, and to what extent, when the fact-finder in such cases is the trial judge. It focusses on the experience of complainants in eight judge-alone trials, as compared to 30 jury trials in the first book.
Forthcoming work in 2023, will analyse 15 jury trials and seven judge-alone trials in order to document the experiences of adult complainants who allege they were raped by their intimate partner. |
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Publisher: |
Canterbury University Press |
Format: |
eBook and hard copy; pdf 374pp |
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Publication information  |
Link #2: |
In the absence of a jury - Online version |
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| 2021 | Covid and the Law in Aotearoa New Zealand | Louise Delany | |
| Synopsis: | Covid and the Law in Aotearoa New Zealand sets out the law through which Aotearoa New Zealand responded to Covid-19 in 2020 through to mid-2021.
The book outlines the legal frameworks that were in place before the pandemic arrived, the way the legal powers set out in these frameworks were used from January 2020 onwards, and how new law was developed. The chapters follow a timeline of pivotal moments of Covid in New Zealand, from keeping it out, to lockdown, to resurgence, working towards a "new normal", to the marathon taking us through to June 2021. It responds to the question: “what happened?” in terms of the law.
Meticulously researched and expertly written, the author combines legislative and case law analysis with the human element of the pandemic, via interviews with key persons involved in the covid response. This text is a snapshot of how Covid unfolded in Aotearoa, a resource not only for lawyers and academics but all interested in legal perspectives on New Zealand’s Covid-related history and themes through 2020 and 2021.
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Publisher: |
Thomson Reuters |
Format: |
eBook and hard copy |
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Publication information |
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| 2021 | Telecommunications Law in New Zealand | Robert Clarke & Sean Mosby | |
| Synopsis: | "Telecommunications Law in New Zealand" sets out the laws, regulations and regulatory decisions that govern activities in the telecommunications sector.
The book focuses first on the regulation of traditional managed networks and services, as set out in the Telecommunications Act 2001, including the unique voluntary registration scheme, the two access regimes designed to promote competition, and the recent foray into telecommunications-specific consumer protection rules. Going beyond that statute, the book then outlines the rules governing the provision of Internet access, but also and helpfully the provision via that access of Internet application services such as search engines, electronic marketplaces and social media platforms. It ends with an examination of the rights and obligations of end-users, the rules governing the scarce resources of radio spectrum and telephone numbers, and market player obligations in terms of interception and security.
This is a reference work that should be near to hand for those that operate in or study this highly regulated industry. Telecommunications Law in New Zealand is a quick and accessible, yet trustworthy and authoritative source of information as well as the starting point for deeper research and understanding of the topic. |
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Publisher: |
Thomson Reuters |
Format: |
eBook and hard copy |
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Publication information |
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| 2021 | Taxing the Digital Economy - Theory, Policy and Practice | Elliffe, Craig | |
| Synopsis: | The question of how to tax multinational companies that operate highly digitalised business models is one of the most contested areas of international taxation. The tax paid in the jurisdictions in which these companies operate has not kept pace with their immense growth and the OECD has proposed a new international tax compromise that will allocate taxing rights to market jurisdictions and remove the need to have a physical presence in the taxing jurisdictions in order to sustain taxability. In this work, Craig Elliffe, the 2018 NZ Law Foundation International Research Fellow, explains the problems with the existing international tax system and its inability to respond to challenges posed by digitalised companies. In addition to looking at how the new international tax rules will work, Elliffe assesses their likely effectiveness and highlights features that are likely to endure in the next waves of international tax reform. |
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Publisher: |
Canterbury University Press - Cambridge Tax Law Series |
Format: |
Hardcover |
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Publication information |
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About author Craig Elliffe, 2018 NZ Law Foundation International Research Fellow, Professor of Law at University of Auckland |
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| 2021 | A Citizen's Guide to Artificial Intelligence | Zerilli, John (Author); Danaher, John (Contributor); MacLaurin, James (Contributor); Gavaghan, Colin (Contributor); Knott, Alistair (Contributor); Liddicoat, Joy (Contributor); Noorman, Merel (Contributor) | |
| Synopsis: | This book is a concise but informative overview of AI ethics and policy:
Artificial intelligence, or AI for short, has generated a staggering amount of hype in the past several years. Is it the game-changer it's been cracked up to be? If so, how is it changing the game? How is it likely to affect us as customers, tenants, aspiring homeowners, students, educators, patients, clients, prison inmates, members of ethnic and sexual minorities, and voters in liberal democracies? Authored by experts in fields ranging from computer science and law to philosophy and cognitive science, this book offers a concise overview of moral, political, legal and economic implications of AI. It covers the basics of AI's latest permutation, machine learning, and considers issues such as transparency, bias, liability, privacy, and regulation.
Both business and government have integrated algorithmic decision support systems into their daily operations, and the book explores the implications for our lives as citizens. For example, do we take it on faith that a machine knows best in approving a patient's health insurance claim or a defendant's request for bail? What is the potential for manipulation by targeted political ads? How can the processes behind these technically sophisticated tools ever be transparent? The book discusses such issues as statistical definitions of fairness, legal and moral responsibility, the role of humans in machine learning decision systems, "nudging" algorithms and anonymized data, the effect of automation on the workplace, and AI as both regulatory tool and target.
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Publisher: |
The MIT Press |
Format: |
Hardcover or Kindle - 232 pages |
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Publication information |
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| 2021 | Does Aotearoa New Zealand Need an Oceans Policy for Modern Oceans Governance? 35 (2021) OCEAN YEARBOOK (forthcoming, circa 27,000 words) (refereed article). | Scott Karen N. | |
| Synopsis: | Abstract:
Following an abortive attempt to develop an oceans policy in the early 2000s this article assesses whether, in 2020, New Zealand still needs a national oceans policy. It provides a critical examination of New Zealand's current ocean governance regime which is fragmented across multiple statutes and institutions and largely fails to implement an ecosystem approach to oceans management. After providing an overview of the previous attempt to establish an oceans policy this article compares the experiences of developing oceans policies in Canada and Australia and draws key lessons that New Zealand could benefit from. This article identifies the core reasons as to why New Zealand oceans governance would benefit from developing an overarching oceans policy and concludes with a sketch as to recommended core components of that policy drawing on principles and concepts which currently underpin New Zealand oceans governance as well as international best practice. | |
Publisher: |
Brill |
Format: |
PDF, 44 pages - UC Research Repository |
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Publication information |
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| 2021 | Extradition Law in New Zealand | Neil Boister | |
| Synopsis: | Extradition Law in New Zealand is a descriptive and analytical statement of the laws and court practices of extradition in New Zealand.
It aims to simplify the complex conditions and processes of extradition and balancing of criminal activity and the human rights of the person whose extradition is requested while following a logical progression of extradition proceedings.
This is the first text focussed on extradition in a domestic context. It includes in-depth analysis of the Minister of Justice v Kyung Yup Kim [2019] NZSC 100 case and will incorporate the forthcoming Kim Dotcom Supreme Court decision.
This publication is the output from a New Zealand Law Foundation International Research Fellowship awarded to Professor Boister in 2015. | |
Publisher: |
Thomson Reuters |
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Publication information |
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| 2021 | He Kupu Taurangi - Treaty Settlements and the Future of Aotearoa New Zealand | Christopher Finlayson and James Christmas | |
| Synopsis: | As Minister for Treaty of Waitangi Negotiations from 2008 to 2017, Christopher Finlayson completed an unprecedented number of settlements with iwi. In 2012 alone, Parliament passed more Treaty legislation than it had over the previous twenty years. Christopher Finlayson gained unique insight into the elements of successful negotiations and was involved in developing legal innovations to reach settlements. In this book, the authors analyse the essential components of settlements, reference particular settlements in looking at themes such as natural resources, co-governance and legal personality, and they discuss the impact of the process and outcomes on the relationship between Māori and the Crown. |
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Publisher: |
Huia Publishers |
Format: |
Hardback book; 296 pages |
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Publication information |
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| 2021 | Resolution on the Equality of Parties Before International Investment Tribunals | Campbell McLachlan | |
| Synopsis: | This publication represents a major step forward in codification of this essential principle as it applies to investor-state dispute settlement: a principle whose application in this context has attracted increasing controversy in recent years. In this commentary, Professor McLachlan, who served as the Institute's Rapporteur on the topic, explains the context for the Resolution and sets forth an article-by-article analysis of its provisions, drawing upon a wealth of prior case-law as well as the discussions within the Institute that led to the Resolution. The resulting text is designed to assist counsel and tribunal in investment cases, as well as contribute to the wider debate on the reform of investor-state dispute settlement. |
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Publisher: |
Cambridge University Press |
Format: |
eBook and hard copy |
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Publication information |
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| 2020 | Environmental Courts and Tribunals - Powers, Integrity and the Search for Legitimacy | Warnock, Ceri. | |
| Synopsis: | The global phenomenon of the establishment of specialist courts is one of the most important recent developments in environmental law. Although they are generally seen as a much needed innovation, they do pose challenges, particularly around questions of legitimacy. This important book tackles these questions directly, looking specifically at the courts in the common law world. It argues that to fully understand the nature of the adjudication of these courts, a bottom-up approach must be taken: ie the question before the court is determinative. Despite its theoretical focus, the book will also provide invaluable insights to practitioners engaging with these new courts for the first time. An innovative study on a seismic change in how environmental law is adjudicated. |
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Publisher: |
Hart |
Format: |
Hardback, EBPU eBook, PDF eBook - 208 pages |
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Publication information |
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| 2020 | The Conflict of Laws in New Zealand | Hook, Maria., Wass, Jack. | |
| Synopsis: | The Conflict of Laws in New Zealand provides a thorough treatment of the principles and rules applying to the cross-border aspects of civil claims and proceedings in New Zealand.
The first comprehensive text on the conflict of laws (private international law) in New Zealand, the book covers adjudicatory jurisdiction, choice of law, the recognition and enforcement of foreign judgments, and civil procedure specific to cross-border disputes. It has dedicated chapters explaining the rules applicable to obligations (including contract and tort), property and trusts, succession, family law, and corporations and insolvency.
Co-authored by a practitioner and an academic, the book is an indispensable resource for practitioners, academics, the judiciary and students, addressing both the theoretical basis of the subject and the practical application of its rules and principles.
Features
- First comprehensive textbook on the subject in New Zealand
- Covers both key principles and detailed rules
- Valuable resource for students, practitioners, judges and academics.
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Publisher: |
LexisNexis |
Format: |
Softcover or eBook - 751 pages |
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Publication information |
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| 2020 | ANTARCTIC TREATY SYSTEMS - ACHIEVEMENTS AND PROSPECTS - Special Issue Waikato Law Review - Taumauri - Vol 27, 2019 | Daya-Winterbottom, Trevor (Ed.). Haward, Marcus., Jabour, Julia., Karim, Sheikh Mohammad Towhidul., Tomossy, George., Murphy, Ashley., Mohamed, Sharif Saeedah Syed., Farrar, John (Authors) | |
| Synopsis: | This issue of Taumauri, the Waikato Law Review, celebrates the establishment of the Waikato Public Law and Policy Research Unit hosted by the Faculty of Law, and the symposium held by the Unit in Wellington on 28 Nov 2018 critically analysing "THE ANTARCTIC TREATY SYSTEM: PAST ACHIEVEMENTS AND FUTURE PROSPECTS".
As part of its focus on public international law, the Unit hosted the symposium on the Antarctic Treaty System.
The Antarctic Treaty 1959 has now been in place for over 60 years and is regarded by informed commentators as one of the most successful multi-party international treaty systems. The symposium was held on the cusp of the 60th anniversary of the Treaty, and provided an opportunity to look back and take stock of previous success - and more importantly, an opportunity to assess the future prospects for the Treaty system.
New Zealand has played a key role in the Antarctic Treaty system and has had a long involvement with Antarctica since accepting the transfer sovereignty over the Ross Dependency from the United Kingdom in 1923. The symposium was therefore highly relevant for lawyers, policy-makers, regulators, scientists, and academics working on both applied and theoretical research in relation to the continent and New Zealand's interests in Antarctica. It attracted a diverse range of attendees from across the Department of Conservation, a former Judge of the International Court of Justice, the Ministry for Foreign Affairs and Trade, the New Zealand Defence Force, the Office of the Auditor General, and academics from the University of Auckland, the University of Southern Denmark, the University of Waikato, and Victoria University of Wellington.
Contents includes papers given at the symposium:
- EDITORIAL: ANTARCTIC TREATY SYSTEM - ACHIEVEMENTS AND PROSPECTS Trevor Daya-Winterbottom
- THE ANTARCTIC TREATY SYSTEM: CHALLENGES AND OPPORTUNITIES by Marcus Haward
- SO WHAT? USING SCIENTIFIC KNOWLEDGE TO INFORM ANTARCTIC DECISION-MAKING by Julia Jabour
- Progressive Realisation of the Right to Health: An Opportunity for Global Development by Sheikh Mohammad Towhidul Karim and George F Tomossy
- CLIMATE SECURITY INITIATIVE: ANOTHER WAY TO MAKE INTERNATIONAL CLIMATE LAW by Ashley Murphy
- GOODBYE INCOTERMS 2010, WELCOME INCOTERMS 2020: A BRIEF ANALYSIS by Sharifah Saeedah Syed Mohamed
- WILLIAM LARNACH - VICTORIAN MASTERMIND, FRAUDSTER OR TRAGIC VICTIM? by John Farrar
- Book Review: HUMAN RIGHTS AND THE ENVIRONMENT: LEGALITY, DIGNITY AND GEOGRAPHY by Trevor Daya-Winterbottom |
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Publisher: |
University of Waikato, Te Piringa - Faculty of Law |
Format: |
PDF, 94 pages, now available on subscription - hardcopy due later in 2020 |
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Publication information |
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| 2020 | Land Registration and Title Security in the Digital Age - New Horizens for Torrens | Grinlinton, David., Thomas, Rod. (Eds) | |
| Synopsis: | This book examines the current state of, and emerging issues in relation to, the Torrens and other systems of land registration, and the process of automation of land registration systems in jurisdictions where this is occurring worldwide. It analyses the impacts of advances in digital technology in this area and includes contributions from of a number of experts and leaders in this subject from a number of jurisdictions. While it has an Australasian bias, there are important chapters outlining current challenges and developments in Scotland, England and Wales, Ireland, and the Netherlands. The book will be relevant to those engaged in land registration and conveyancing processes, including, but not limited to, property law practitioners and conveyancers, academics in this field, government and public policy experts, law and property students, and IT and IP experts, especially those working on developing automated land registration systems. |
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Publisher: |
Informa Law from Routledge |
Format: |
Hardback, eBook, 398 pages |
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Publication information |
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| 2020 | Rape Myths as Barriers to Fair Trial Process: Comparing adult rape trials with those of the Aotearoa Sexual Violence Court Pilot | McDonald, Elisabeth., Benson-Greig, Paulette., Souness, Rachel | |
| Synopsis: | Rape Myths as Barriers to Fair Trial Process opens the courtroom door on rape trials to investigate how and why they re-traumatise complainants.
Despite decades of targeted law reform, adult complainants still report that the process of being a witness is a significant point of re-victimisation. This book contains the findings of four years of research that compares the trial process in 30 adult rape cases from 2010 to 2015 (in which the defence at trial was consent) with 10 cases from the Sexual Violence Court Pilot heard in 2018. The aim of the research was to find out at which points in the questioning process the complainant displayed heightened emotionality, including distress, and why cross-examination (in particular) is so resistant to reform measures. Researchers also considered the extent to which the current rules of evidence and procedure are applied appropriately and consistently, and identified examples of best practice in order to develop proposals for changes to law and process.
Key features:
Analysis of a large sample of cases;
Internationally unique methodology through access to the audio of the complainant's evidence in order to annotate the transcripts for heightened emotionality, judicial intervention in questioning and admissibility decisions;
Assessments of aspects of the Sexual Violence Court Pilot not undertaken as part of the Gravitas/Ministry of Justice evaluation (2019).
"This book is detailed in its analysis, rich in its insights and far-reaching in its implications. It should be read by anyone involved in, or concerned about, the handling of sexual violence allegations in contemporary criminal justice systems, in and beyond Aotearoa New Zealand - whether as a judicial officer, legal practitioner, government policy officer or academic. Elisabeth's work is absolutely essential if we are to improve the experience of complainants in rape trials - and to make a dent in the 'brutal old days' that are, unfortunately, still with us."
From the Foreword by Professor Vanessa Munro (University of Warwick) and Associate Professor Julia Quilter (University of Wollongong) |
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Publisher: |
Canterbury University Press |
Format: |
PDF, 586 pages, 6.117Mb - free online resource. Hardcopy available. |
Link #1: |
Publication information |
Link #2: |
About the book and the authors plus link to buy hardcopy |
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| 2020 | Justice & Race - Campaigns against racism and abuse in Aotearoa New Zealand | Sutherland, Oliver | |
| Synopsis: | This is the story of ACORD - the Auckland Committee on Racism and Discrimination. For 15 years ACORD exposed and campaigned against the institutional racism of police, justice and social welfare systems. It laid the groundwork for a national duty solicitor scheme and gained protections for children incarcerated by the state. |
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Publisher: |
Steele Roberts |
Format: |
Softcover - 288 pages |
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Publication information |
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| 2020 | Assessment of Mental Capacity - A New Zealand Guide for Doctors and Lawyers | Douglass, Alison., Young, Greg., McMillan, John. | |
| Synopsis: | When our ability to make our own decisions is impaired, whether due to dementia, learning or intellectual disability, mental illness or brain injury, that might mean we are not able to make decisions for ourselves. So, there is a need for clear assessment processes to help decide whether someone has the capacity to make their own decisions, who should make decisions on their behalf, and on what basis such decisions should be made.
The guidance in this book has been written to serve the needs of doctors, lawyers, health practitioners, families and whānau. It is written by experts from a range of disciplines including law, medicine and ethics, and is based on the Toolkit for Assessing Capacity. It combines an explanation of the law, case studies and practical guidance for health and legal practitioners about capacity, how it is assessed, and what supporting people with impaired capacity means in practice.
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Publisher: |
Victoria University Press |
Format: |
Softcover, 607 pages |
Link #1: |
Publication information |
Link #2: |
Link to access Alison's Mental Capacity publications including Toolkit for Assessing Capacity |
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| 2019 | New Zealand Journal of Public and International Law - SPECIAL CONFERENCE ISSUE: 26TH ANNUAL ANZSIL CONFERENCE - FROM LOCAL TO THE GLOBAL (17) 1 | Costi, Alberto (Ed). Dong, Yao., Elias, Sian., Fowler, Rosie., French, Robert., Palmer, Emma., Smith, Stephen Eliot (Contributors). | |
| Synopsis: | This special issue of the New Zealand Journal of Public and International Law brings together a selection of papers delivered at the 26th Annual Conference of the Australian and New Zealand Society of International Law (ANZSIL), held from 5 to 7 July 2018 at Victoria University of Wellington's Faculty of Law. This issue also comprises the revised version of a public lecture by the Chief Justice of New Zealand, Rt Hon Dame Sian Elias, delivered on 28 Feb 2019, shortly before her retirement, and an article on cyber operations by a recent law graduate of University of Auckland. |
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Publisher: |
New Zealand Centre for Public Law and contributors - Faculty of Law, Victoria University of Wellington |
Format: |
Softcover, 126 pages |
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Publication information |
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| 2019 | Fossil Fuel Subsidy Reform - An International Law Response | Rive, Vernon JC | |
| Synopsis: | This much-needed book provides an empirically-grounded, and theoretically informed account of international law sources, mechanisms, initiatives and institutions which address and affect the practice of subsidising fossil fuel consumption and production. Drawing on recent scholarship on emerging international governance mechanisms, 'informal' international law-making and regime interaction, it offers suggestions, and critiques suggestions of others, for how the international law framework could be employed more effectively and appropriately to respond to environmentally and fiscally harmful fossil fuel subsidies. |
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Publisher: |
Edward Elgar |
Format: |
Hardcover, 297 pages |
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Publication information |
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| 2019 | Perspectives on Commercial Surrogacy in New Zealand - Ethics, Law, Policy and Rights | Masselot, Annick., Powell, Rhonda. (Eds.) | |
| Synopsis: | This book has been published as a result of the University of Canterbury's Rethinking Surrogacy Laws project, funded by the NZ Law Foundation. It is an edited collection of essays inspired by the project's 2017 Rethinking Commercial Surrogacy Symposium. The collection makes a unique contribution to the growing literature on surrogacy in New Zealand, and includes diverse and sometimes contradictory perspectives from a range of authors, many of whom have significant practical or research experience in surrogacy-related issues. In New Zealand law Section 14 of the Human Assisted Reproductive Technology (HART) Act makes it a criminal offense to give or receive "valuable consideration" for participation in a surrogacy agreement. This prevents not only the commercialisation of the surrogacy industry, but also the compensation of surrogates. Surrogacy itself is not illegal provided that money or other consideration does not change hands between the surrogate and intended parents. This prohibition on commercial surrogacy is the focus of this collection. It represents a contribution to a much needed public debate on these issues. |
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Publisher: |
The Centre of Commercial and Corporate Law Inc., University of Canterbury |
Format: |
Softcover, 183 pages |
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Publication information |
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Viewable at Alexander Turnbull Library - Wellington Reading Room |
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| 2019 | Indigenous Water Rights in Law and Regulation - Lessons from Comparative Experience | MacPherson, Elizabeth Jane | |
| Synopsis: | Dr MacPherson's book responds to an unresolved question in legal scholarship: how are (or how might be) indigenous peoples' rights included in contemporary regulatory regimes for water? This book considers that question in the context of two key trajectories of comparative water law and policy. First, the tendency to 'commoditise' the natural environment and use private property rights and market mechanisms in water regulation. Second, the tendency of domestic and international courts and legislatures to devise new legal mechanisms for the management and governance of water resources, in particular 'legal person' models. This book adopts a comparative research method to explore opportunities for accommodating indigenous peoples' rights in contemporary water regulation, with country studies in Australia, Aotearoa New Zealand, Chile and Colombia, providing much needed attention to the role of rights and regulation in determining indigenous access to, and involvement with, water in comparative law. |
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Publisher: |
Cambridge University Press - Cambridge Studies in Law and Society Series |
Format: |
Hardcover, 310 pages |
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Publication information |
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| 2019 | Mental Capacity Law in New Zealand | Reuvecamp, Iris., Dawson, John.(Eds) | |
| Synopsis: | Mental Capacity Law in New Zealand is a comprehensive text on the legal position of people who lack capacity, in many different contexts, including their position regarding health care, residential placement, property management, and participation in legal proceedings.
General Editors Iris Reuvecamp and John Dawson have assembled a team of subject matter experts from both legal and medical backgrounds who cover all major areas of the law of mental capacity in New Zealand (except the criminal law).
The early chapters of the book discuss important general concerns relevant to these capacity matters, including ethical, Maori, clinical, and human rights concerns. The next section discusses various sources of authority or justification that proxy decision-makers can rely upon when they act on another's behalf. Further sections then address these capacity questions in more specific contexts, including making decisions about one's personal care and welfare, making a will, and managing one's property. The Protection of Personal and Property Rights Act 1988 (the PPPRA) is prominent in the discussion as the single most important piece of legislation in the field.
Written in an accessible style the book is intended to be useful to those who need a reference work on key areas of mental capacity law and for those who need to dip into parts that are relevant to them and their practice (whether legal or clinical).
Although the book is mainly aimed at judges, lawyers and law students, it will be useful to all health professionals who deal with mental capacity issues as part of their practices. |
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Publisher: |
Thomson Reuters NZ |
Format: |
Book, eBook |
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Publication information |
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Mental Capacity Law Conferences 2019 - incl copy of book |
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| 2019 | The Object and Purpose of Intellectual Property - ATRIP Intellectual Property Series | Frankel, Susy. (Ed.). Contributors: Ann, C., Bagley, M.A., Bixio, M.L., Cadogan, M.S., Frankel, S., Klien, J., Lai, J.C., Moscon, V., Nordburg, A., Nwauche, E., Pacud, Z., Richardson, M., Thomas, J., Tischner, A., Wallberg, K., Wilkinson, G., Wiputhanu | |
| Synopsis: | Edited by Susy Frankel, Professor of Law, Chair in Intellectual Property and International Trade, Faculty of Law, Victoria University of Wellington (VUW). The book contains a selection of papers from ATRIP's (International Association for the Advancement of Teaching and Research of Intellectual Property) 36th Conference hosted by VUW in 2017.
Much of the debate around the parameters of intellectual property (IP) protection relates to differing views about what IP law is supposed to achieve. This book analyses the object and purpose of international intellectual property law, examining how international agreements have been interpreted in different jurisdictions and how this has led to diversity in IP regimes at a national level.
The book is divided along four key themes: the relationship between IP law, development goals and cultural objectives; international and regional frameworks for design protection including packaging and trade marks; enforcement and innovation in the EU; and the object and purpose of copyright law. Within these themes, each chapter assesses the factors that are driving IP law in the respective field, such as protection, flexibility and trade-related concerns. Featuring contributions from a globally diverse range of authors, this book questions whether IP laws, and their application, are achieving their intended objectives and purpose on a national and international scale.
This book will be of interest to academics, researchers and students working in international intellectual property law. Practicing lawyers and policy makers can also benefit from its detailed analysis and case studies which explore international practices. |
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Publisher: |
Edward Elgar Publishing |
Format: |
Hardback, 416 pages; eBook |
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Publication information |
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| 2019 | Social Security & Welfare Law in Aotearoa, New Zealand | Stephens, Mamari | |
| Synopsis: | Social Security and Welfare Law in Aotearoa New Zealand 1st edition identifies the important areas of law, policy and principle which reflect the nature of and underpin social security law in New Zealand. The work identifies how those principles and policies can be seen to work within selected major areas of welfare legislation and other enabling instruments. |
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Publisher: |
Thomson Reuters NZ |
Format: |
Book, eBook |
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Publication information |
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| 2019 | Without Prejudice: Same Issue - New Cover 1896-2018 (originally published 1996) | Gatfield, Gill | |
| Synopsis: | Without Prejudice is a comprehensive and key resource that will inform and advance the current debates and solutions relating to sexual harassment and discrimination of women in the law.
First published in 1996, the book documents over 40 years of substantive evidence of sexual harassment and discrimination in the legal profession and judiciary, and describes the law societies, law firms and government's inaction in response to that evidence. Involving 4 years of comprehensive primary and secondary research, the author Gill Gatfield consulted widely with law societies, employers, judges, women lawyers' groups, and leaders within the profession; including interviewing and surveying more than 1500 women and men lawyers.
In 2018 a revised edition was called for and the original research - still current, still relevant - is now supplemented by author Gill Gatfield's reflections on the current revelations and debates in the legal profession, including analysis of the recent independent reports on the experiences of women in law. |
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Publisher: |
Thomson Reuters NZ |
Format: |
Hardcover, 549 pages |
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Publication information |
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| 2019 | Shirley Smith: An Examined Life | Gaitanos, Sarah | |
| Synopsis: | The book provides a chronological story of the life of lawyer Shirley Smith from 1916 to 2007, based on Shirley's papers and letters. She is described as "one of the most remarkable New Zealanders of the 20th century, a woman whose lifelong commitment to social justice, legal reform, gender equality and community service left a profound legacy."
Shirley qualified as a lawyer later in life, at the age of 40. This was after studying classics at Oxford before war broke out, and after marrying Dr WB Sutch and giving birth to their daughter. During her legal career of 40 years she broke down many barriers, her relationship with the Mongrel Mob epitomised her role as a champion of the marginalised and vulnerable.
Shirley is referred to as "a remarkably warm and generous woman, one with a rare gift for frankness, an implacable sense of principle, and a personality of complexity and formidable energy."
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Publisher: |
Victoria University Press |
Format: |
Book |
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| 2019 | Reform of the Resource Management System - The Next Generation - Synthesis Report | Severinsen, Greg., Peart, Raewyn | |
| Synopsis: | This is the final synthesis report from EDS's phase 1 work from its Resource Management Reform Project. The project published three working papers prior to this report.
The project took a first-principles look at how New Zealand's resource management system could be improved.
The 356 page synthesis report is the culmination of 18 months of research, thinking and engagement. It examines key fundamental questions:
What do we have a resource management system for?
How do we see ourselves in relation to our natural and physical surroundings?
What roles should the system play in pursuing society's aims?
What will the future require from our resource management system?
The report looks at the whole system, not just RMA. It examines how we design and arrange our legislation, institutions and opportunities for public involvement. It examines tools like regulations, plans, economic instruments and behavioural incentives. It integrates Māori issues and perspectives into the discussion.
EDS's Policy Director and co-author of the report, Raewyn Peart, says reform is clearly needed. "But we have deliberately stopped short of rushing to a single preferred model in the synthesis report. We want to encourage people to use our report and think carefully about options rather than jump prematurely to a particular solution. That's been part of the problem - too many ad hoc changes that have produced muddled and incoherent legislation," said Ms Peart.
The report presents three broad models for reform with components that can be mixed and matched as debate continues. It is expected to feed into the Government's 2019 review of our Resource Management System.
The next and final phase of EDS's work, commenced early 2019, intending to build on the analysis and options in the synthesis report and select and flesh out what a preferred model should look like, and chart a practical pathway for reform for Parliamentarians and the public to consider. The final report for this work is due at the end of 2019.
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Publisher: |
Environmental Defence Society |
Format: |
PDF, 356 pages |
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Publication information |
Link #2: |
Summary of the synthesis report - 40 PDF pages |
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| 2019 | Indigenous Peoples and the State - International Perspectives on the Treaty of Waitangi | Hickford, Mark., Jones, Carwyn. (eds) | |
| Synopsis: | Across the globe, there are numerous examples of treaties, compacts, or other negotiated agreements that mediate relationships between Indigenous peoples and states or settler communities. Perhaps the best known of these, New Zealand's Treaty of Waitangi is a living, and historically rich, illustration of this types of negotiated agreement, and both the symmetries and asymmetries of Indigenous-State relations. This collection refreshes the scholarly and public discourse relating to the Treaty of Waitangi and makes a significant contribution to the international discussion of Indigenous-State relations and reconciliation. The essays in this collection explore the diversity of meanings that have been ascribed to Indigenous-State compacts, such as the Treaty, by different interpretive communities. As such, they enable and illuminate a more dynamic conversation about their meanings and applications, as well as their critical role in processes of reconciliation and transitional justice today.
This publication contains papers from the Victoria University of New Zealand Feb 2016 Symposium "175 Years of Interpreting the Treaty of Waitangi" that the NZ Law Foundation provided funding for. |
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Publisher: |
Routledge, Taylor and Francis Group |
Format: |
Hardcover and eBook - 206 pages |
Link #1: |
Publication information |
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| 2019 | Special issue of New Zealand Journal of Employment Relations 43(2) | Masselot, Annick., Inglis, Christina., Fudge, Judy., Shaw, Coral., Sarina, Troy., Riley, Joellen., Roth, Paul., Barrett, Jonathan., Reilly, Amanda., Blackham, Alysia., Dale, Ashleigh. | |
| Synopsis: | This special issue of the New Zealand Journal of Employment Relations showcases some of the best papers presented at the Fourth Biennial Labour Law Conference of the New Zealand Labour Law Society held on17-18 November 2017 in Christchurch. The conference focussed on labour law in transition in a global and technological world, with the theme intended to encompass new developments and emerging areas in labour law. The presentations covered a wide range of topics including: de-regulation of the workplace and competitive attitudes towards employment issues; aspects and implications of the recent amendments to health and safety laws; workplace stress, bullying and harassment; restructuring, redundancy and redeployment; modern workplace environments and cyber-work; and equality, human rights and precarious work.
A large number of excellent papers were presented at the conference and submitted for publication to a special issue of the New Zealand Journal of Employment Relations. As a result, two special issues will be published. This first special issue focusses specifically on the impact of technology on labour law and the relationship between human rights and employment law. The next special issue will include papers broadly concerned with health and safety and matters related to employment agreement. | |
Publisher: |
New Zealand Journal of Employment Relations |
Format: |
Online subscription - 98 pages |
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Publication information |
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| 2018 | BREXIT: A Legal Perspective with Particular Reference to New Zealand - New Zealand Journal of Public and International Law Vol 16, No. 1, Nov 2018 | Basedow, Jurgen | |
| Synopsis: | Article "BREXIT: A Legal Perspective with Particular Reference to New Zealand" by Jurgen Basedow, on pages 21-37, is the edited text of a lecture he gave at Faculty Law Victoria University of Wellington on 13 Feb 2018, as part of a workshop on Cross-Border Issues in Australasian Courts - supported by NZ Law Foundation. |
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Publisher: |
New Zealand Centre for Public Law - Victoria University of Wellington |
Format: |
Softcover |
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Publication information |
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| 2018 | Special Symposium Issue - THE DYNAMIC EVOLUTION OF INTERNATIONAL LAW - Victoria University of Wellington Law Review Vol 49 No. 4 Nov 2018 | McLachlan, Campbell (Ed) | |
| Synopsis: | "_ the articles published in this issue present an acute picture of the challenges facing international law as a system, as it seeks to address the manifold complex problems that require international cooperation. They also reveal its extraordinary capacity for dynamism despite the apparent structural constraints of the system"_. The articles analyse international law's capacity to evolve in response to the challenges of the age. They are drawn from VUW Symposium THE DYNAMIC EVOLUTION OF INTERNATIONAL LAW, held Dec 2017 and supported by NZ Law Foundation. Authors: Eirik Bjorge; Jutta Brunne; Bill Campbell; James Crawford; Susan Glazebrook; KJ Keith; Campbell McLachlan; Joanna Mossop; Hunter Nottage; Karen N Scott; Shirley V Scott; Stephen J Toope; Rayner Thwaites; Osvaldo Urrutia. |
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Publisher: |
Victoria University of Wellington Law Review |
Format: |
Softcover, 285 pages |
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| 2018 | Fitness to Plead: International and Comparative Perspectives | MacKay, Ronnie., Brookbanks, Warren. (eds) | |
| Synopsis: | The law relating to fitness to plead is an increasingly important area of the criminal law. While criminalization may be justified whenever an offender commits a sufficiently serious moral wrong requiring that he or she be called to account, the doctrine of fitness to plead calls this principle into question in the case of a person who lacks the capacity or ability to participate meaningfully in a criminal trial. In light of the emerging focus on capacity-based approaches to decision-making and the international human rights requirement that the law should treat defendants fairly, this volume offers a benchmark for the theory and practice of fitness to plead, providing readers with a unique opportunity to consider differing perspectives and debate on the future development and direction of a doctrine which has up till now been under-discussed and under-researched. |
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Publisher: |
Oxford University Press |
Format: |
Hardback - 368 pages |
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Publication information |
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| 2018 | Realising the Potential of Driverless Vehicles - recommendations for law reform | Cameron, Michael | |
| Synopsis: | Driverless vehicles are coming and it's inevitable that they will represent a disruption to the transport sector. There are however, significant benefits anticipated with their introduction - many hope they will eliminate traffic accidents, end congestion, spark economic growth and provide cheap and convenient mobility for all. Countries wanting to fully realise these benefits, and avoid the pitfalls, will need to ensure their legal houses are in order.
New Zealand's transport laws will need a comprehensive overhaul - this will take time, but there are some changes that need to be made soon. This report analyses the issues and provides a suggested blueprint for immediate reforms that are required.
The report also considers other legal issues including: liability; regulation of testing; cybersecurity; mandated vehicle connectivity; radio spectrum use; urban planning; special lanes and reserved roads; privacy; parking; and ethics.
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New Zealand Law Foundation - available at http://www.unitybooksonline.co.nz/ |
Format: |
Paperback 196 pages; PDF 192 pages |
Link #1: |
Publication information |
Link #2: |
Brief overview of the report - 2 pages |
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| 2018 | Where did it algo wrong? The threat and promise of predictive analytics | Colin Gavaghan | |
| Synopsis: | Attitudes to 'artificial intelligence' and predictive algorithms seem to oscillate between hype and hysteria. The true picture is a good deal more mixed, but as more examples of predictive analytics in government come to light, it's time for some proper oversight. | |
Publisher: |
Pundit |
Link #1: |
Publication information |
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| 2018 | Towards Democratic Renewal - Ideas for Constitutional Change in New Zealand | Palmer, Geoffrey., Butler, Andrew. | |
| Synopsis: | In 2016, Sir Geoffrey Palmer and Andrew Butler proposed and published a written, codified constitution for Aotearoa New Zealand. Since then the authors have travelled the country, discussing with the public the nature of New Zealand's identity and where the country is headed. After considering their conversations and formal submissions, this second book - with its revised proposal for a codified constitution - is the product of a year in development.
Towards Democratic Renewal reinforces Palmer and Butler's argument for a robust and democratic framework that will safeguard our political system against future challenges, from climate change to earthquakes, 'post-truth' politics and surveillance. This clear, revised constitution defines and entrenches government accountability and transparency, protects the rights of our peoples and tangata whenua, and offers transformative steps to uphold the sovereignty and integrity of Aotearoa New Zealand.
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Publisher: |
Victoria University Press |
Format: |
Paperback, 403 pages |
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| 2018 | For the Good of the Game - Finnigan v NZRFU 1985 | Bookman, Sam | |
| Synopsis: | Five podcast episodes about the 1985 Finnigan v NZRFU case are available on NZ Law Foundation's YouTube channel, courtesy of SoundCloud: 1. A Nation Divided - 17 mins; 2. A Case without a Plaintiff - 23 mins; 3. A Leg to Stand on - 14 mins; 4. The Main Act - 19 mins; 5. The Wait is Over - 29 mins. |
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Publisher: |
SoundCloud |
Format: |
Online podcasts, 5 separate episodes |
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Publication information |
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| 2018 | New Zealand Business Law Quarterly Special Issue Vol 24 No.3 September 2018 | Chamberlain, Nikki., Noonan, Chris., Nicoll, Chris (Eds). Fitzpatrick, Brian T., Morabito, Vince., Stewart, Malcolm., Nicoll, Chris. (Authors). | |
| Synopsis: | This NZ Business Law Quarterly Special Issue is the second of two special issues of this journal that includes articles that were originally presented at THE FUTURE OF CLASS ACTIONS SYMPOSIUM at Law Faculty at University of Auckland on 15 March 2018. Articles: CAN THE CLASS ACTION BE MADE BUSINESS FRIENDLY? - Brian T Fitzpatrick; LESSONS FROM AUSTRALIA ON CLASS ACTION REOFRM IN NEW ZEALAND - Vince Morabito; CLASS ACTIONS AND LITIGATION FUNDING - Malcolm Stewart; NON-PARTY COSTS AND SECURITY WHERE LITIGATION FUNDERS ARE INVOLVED - Chris Nicoll. |
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Publisher: |
Thomson Reuters NZ Ltd. |
Format: |
Softcover, 87 pages |
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| 2018 | New Zealand Business Law Quarterly Special Issue Vol 24 No.2 June 2018 | Chamberlain, Nikki., Noonan, Chris., Nicoll, Chris (Eds). White, Douglas., Waye, Vicki., Chamberlain, Nikki (Authors). | |
| Synopsis: | This NZ Business Law Quarterly Special Issue is the first of two special issues of this journal that include articles that were originally presented at THE FUTURE OF CLASS ACTIONS SYMPOSIUM at Law Faculty at University of Auckland on 15 March 2018. Articles: SETTING THE SCENE: THE LAW REFORM PROJECT AND THE CURRENT REVIEW OF CLASS ACTIONS AND LITIGATION FUNDING - Douglass White; ADVANTAGES AND DISAVANTAGES OF CLASS ACTION LITIGATION (AND ITS ALTERNATIVES) - Vicki Waye; CLASS ACTIONS IN NEW ZEALAND: AN EMPIRICAL STUDY - Nikki Chamberlain |
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Publisher: |
Thomson Reuters NZ Ltd. |
Format: |
Softcover, 75 pages |
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| 2017 | Law and Policy in Modern Family Finance - Property Division in the 21st Century | Palmer, Jessica., Peart, Nicola., Biggs, Margaret., Henaghan, Mark. (eds). | |
| Synopsis: | This book adopts a conceptual approach to address key questions about the legal division of property when a marriage, civil union, de facto relationship, or other close personal relationship ends. These questions include: which relationships should be subject to a statutory regime; which property should be shared; whether property held on trust should be included; how property should be shared; how economic disparity caused by the division of functions within the relationship should be addressed, if at all; whether, and if so to what extent, the interests of children of the relationship should be considered; whether parties should be allowed to contract out of a statutory regime and, if so, whether such contracts should be binding; and whether death should be treated in the same way as relationship break-down.
The authors use New Zealand's current legislative framework as a basis for critical analysis and reflection. Despite New Zealand's Property (Relationships) Act 1976 being hailed as socially progressive legislation when it was enacted, there is concern in New Zealand that its property sharing regime no longer meets society's needs and expectations. However, issues of fairness, equality, and modern complexities in the division of relationship property are not unique to New Zealand. Other jurisdictions are facing similar problems, including Australia, England and some continental European countries.
This book was prepared as a result of the December 2016 colloquium "New Zealand Property (Relationships) Act 1976". |
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Publisher: |
Intersentia, Cambridge UK |
Format: |
Hardcover, 420 pages |
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Publication information |
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| 2017 | Global Simplification of Extradition: Interviews with Selected Extradition Experts in New Zealand, Canada, The US and EU | Boister, Neil | |
| Synopsis: | This paper explores the discernible long-term trend towards the simplification of the conditions for extradition in the law of many states. The process of simplification appears to be justified by the necessity of taking more effective action against transnational crime. It appears to be taking place in three main areas: the recharacterisation of extradition from a criminal to an administrative process, the reduction of the substantive conditions for extradition and the expansion of the international platforms for extradition. The process is being tempered by and partially justified by greater individual human rights protections. In an effort to gain a better grasp of the nature of this process, what is driving it, and where it is heading, this paper records the views of a number of expert practitioners from the state, defence, and judiciary in seven different countries with significant extradition practice on these justifications, changes, and human rights protections. The paper synthesises their views thematically before drawing some conclusions about the nature of the process of simplification of extradition and whether there is an emerging global standard for extradition. The research was funded by the New Zealand Law Foundation International Research Fellowship for 2015. | |
Publisher: |
Springer, Criminal Law Forum Vol 29, Issue 3, 327-375 |
Format: |
Online 2017; in print 2018 |
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Publication information |
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| 2017 | This Realm of New Zealand - The Sovereign, the Governor-General, the Crown | Quentin-Baxter, Alison., McLean, Janet | |
| Synopsis: | New Zealand is a democratic constitutional monarchy, one of Queen Elizabeth II's sixteen realms. This book provides a comprehensive account of how the Queen, the Governor-General and the Crown interact with our democratically-elected leaders under New Zealand's unwritten constitution.
The authors explain how these islands in the South Pacific were first brought within Queen Victoria's dominions, the arrangements then made for their future government, and how those arrangements developed over time with the pressure for democracy and responsible government to become New Zealand's current constitution. They discuss the responsibilities of, and interactions between, the key office-holders: the Sovereign herself; her representative, the Governor-General; the impersonal and perpetual Crown, and the Prime Minister, other Ministers and Members of Parliament. All of them affect in some way the government which runs the country day to day. In an afterword, the authors examine some of the key issues to be considered should New Zealand become a republic. |
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Publisher: |
Auckland University Press |
Format: |
Hardback, 240 x 170 mm 368 pages |
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| 2017 | Yearbook of New Zealand Jurisprudence - Special Issue Indigenous Access to Justice - Volume 15 2017 | Marchetti, Elena., Bargallie, Debbie., Toki, Valmaine., Borrows, John., Hemi, Keaka., Toki, Kiri., Stein, Linda Hasan., Iorns, Catherine. | |
| Synopsis: | Papers from the Access to Justice Roundtable held 26th October 2016 at University of Waikato. |
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Publisher: |
University of Waikato, Te Piringa - Faculty of Law |
Format: |
Softcover, 203 pages |
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| 2017 | International Indigenous Rights in Aotearoa New Zealand | Erueti, Andrew (Ed.) | |
| Synopsis: | This publication contains papers that came out of the 2014 Conference "Implementation of the United Nations Declaration on the Rights of Indigenous Peoples in Aotearoa".
Over the past four decades, international indigenous rights have become a prominent aspect of international law and are now enshrined in the UN Declaration on the Rights of Indigenous Peoples. Yet, while endorsed by Aotearoa New Zealand in 2010, little remains known about how these standards came about, how the international movement that created them was established, and the implications of these standards on national reforms already protecting Māori rights.
International Indigenous Rights in Aotearoa New Zealand seeks to answer these questions. This collection of essays places the Declaration in the context of New Zealand rights around such issues as Treaty settlements, mining policy and the status of Māori children. Crucially, it also asks how Māori can hold New Zealand to account against international indigenous rights.
Contributors: Natalie Baird, Claire Breen, Claire Charters, Sarah Down, Andrew Erueti, Kirsty Gover, Justice Matthew S R Palmer, Matthew S Smith, Fleur Te Aho, Linda Te Aho, Tracey Whare. |
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Publisher: |
Victoria University Press |
Format: |
Paperback 240 x 170mm, 300 pages |
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| 2017 | Capital Gains Taxation - a Comparative Analysis of Key Issues | Littlewood, Michael., Eliffe Craig. (Eds.) | |
| Synopsis: | The content of this book came out of the 2014 Conference on Capital Tax run by University of Auckland and sponsored by the NZ Law Foundation.
Capital gains taxes pose a host of technical and political design problems and yet, while the literature on the theory of capital gains taxation is substantial, little has been published on how governments have addressed these dilemmas. Written by a team of distinguished international experts, Capital Gains Taxation addresses the gap in the literature; it explains how a number of countries tax capital gains and the successes and pitfalls of these methods.
Examining key issues in the theory and practice of capital gains taxation in a general context, this book also provides a detailed analysis of the tax systems of Australia, Canada, China, India, the Netherlands, New Zealand, South Africa, the UK and the US. It questions whether capital gains should be taxed in the same way as ordinary income, considers the rate at which they ought to be taxed, if indeed they should be at all, and compares the taxation on realisation of capital gains versus on an accruals basis.
Eloquent and astute, Capital Gains Taxation will be a crucial point of reference for students and scholars of tax law and policy. Its pragmatic approach will also benefit tax practitioners, policy-makers and tax authorities.
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Publisher: |
Edward Elgar Publishing Inc - UK |
Format: |
Hardback - 411 pages |
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| 2017 | Feminist Judgments of Aotearoa New Zealand - Te Rino: A Two-Stranded Rope | McDonald, Elisabeth., Powell, Rhonda., Stephens, Mamari., Hunter, Rosemary, (Eds.). | |
| Synopsis: | This edited collection asks how key New Zealand judgments might read if they were written by a feminist judge. Feminist judging is an emerging critical legal approach that works within the confines of common law legal method to challenge the myth of judicial neutrality and illustrate how the personal experiences and perspectives of judges may influence the reasoning and outcome of their decisions. Uniquely, this book includes a set of cases employing an approach based on mana wahine, the use of Maori values that recognise the complex realities of Maori women's lives. Through these feminist and mana wahine judgments, it opens possibilities of more inclusive judicial decision making for the future. |
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Publisher: |
Hart Publishing UK |
Format: |
PDF eBook, Hardback, EPUB ebook |
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| 2017 | Victoria University of Wellington Law Review, 48(2), Oct 2017. Special 2016 ALTA Conference Issue: Advancing Better Government, Sustainable Economies, Vibrant Communities: Law's Role | Costi, Albeto., Scott, Paul G. (Eds.) | |
| Synopsis: | A collection of papers from the July 2016 ALTA Conference:
Some Thoughts on Legal Education - Sir Geoffrey Palmer QC; Teaching Law Today - Rt Hon Dame Sian Elias; Law School as Social Innovation - Lorne Sossin; Academics and the Supreme Court - Justice Susan Glazebrook; The Academic Endeavour: 1956-2016-???? - KJ Keith; Time to Look Again? Copyright and Freedom of Panorama - Jonathan Barrett; Planning - A Risky Business? - Amy McInerney; Exploring the Deep: Looking for Deep Legal Pluralism in the South Pacific - Jennifer Corrin; Mapping the Legal Landscape: Chinese State-Owned Companies in Australia - Roman Tomasic and Ping Xiong; Beyond Skills and Doctrine: The Need for Policy and Interdisciplinarity - Nathan Jon Ross; A Law Student-Oriented Taxonomy for Research in Law - Chris Dent |
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Publisher: |
Victoria University of Wellington |
Format: |
Softcover 388 pages |
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| 2017 | Juridical Encounters: Maori and the Colonial Courts, 1840-1852 | Dorsett, Shaunnagh | |
| Synopsis: | Juridical Encounters presents one of the first detailed studies of the interactions of an indigenous people in an Anglo-settler colony with the new British courts. By recovering Māori juridical encounters at a formative moment of New Zealand law and life, this book by Shaunnagh Dorsett reveals much about our law and our history. |
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Publisher: |
Auckland University Press |
Format: |
Softcover, 152 x 228mm, 344 pages |
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Publication information |
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| 2017 | Judging Genes and Choosing Children: revisiting law, ethics and policy in the genomic era | Snelling, Jeanne., Kerruish, Nikki., Lenagh-Glue, Jessie | |
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| 2017 | New Zealand Women Judges Oral Histories Project: Part 2 | Chan, Elizabeth | |
| Synopsis: | This article is the PART-2 summary of the concluding part of the Women Judges Oral History Project and has been prepared by former Supreme Court clerk Elizabeth Chan. The Oral History project, under the leadership of Justice Susan Glazebrook and Dame Judith Potter, conducted life history interviews with 24 women judges. This PART-2 article is the result of Ms Chan reviewing the interview transcripts of the women judges who took part in this project. The themes arising from the first nine interviews are discussed in Ms Chan's 2014 article published by Victoria University Law Review. This article includes findings from the remaining 15 interviews. The aims of the project were: (1) To record and assess experiences and perspectives on law and judging (2) To record and assess the varied careers of the judges and their contributions to the legal profession and the judiciary both in New Zealand and internationally (3) To contribute to an understanding of the low levels of participation of women in the legal profession and the judiciary. | |
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PDF, 38 pages |
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| 2017 | The New Zealand Project | Harris, Max | |
| Synopsis: | By any measure, New Zealand must confront monumental issues in the years ahead. From the future of work to climate change, wealth inequality to new populism - these challenges are complex and even unprecedented. Yet why does New Zealand's political discussion seem so diminished, and our political imagination unequal to the enormity of these issues? And why is this gulf particularly apparent to young New Zealanders?
These questions sit at the centre of Max Harris's 'New Zealand project'. This book represents, from the perspective of a brilliant young New Zealander, a vision for confronting the challenges ahead. Unashamedly idealistic, The New Zealand Project arrives at a time of global upheaval that demands new conversations about our shared future. |
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Publisher: |
Bridget Williams Books |
Format: |
Hard-copy and EBook |
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Publication information |
Link #2: |
Radio NZ Nine to Noon interview with Max Harris |
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| 2017 | The Law and You - A Guide for Youth & Adolescents | Community Law Waikato | |
| Synopsis: | Being a teenager and embarking on the journey of becoming an adult is usually filled with various challenges and decisions to be made. Most young adults will be thinking about renting their own place, getting a job, a driver's licence, buying a car, and perhaps a loan or applying for financial support. It is important that that young adults are aware of their responsibilitites and rights and also where they may find help or further information they need. This guide is not intended to be an exhaustive source of aspects that young individuals may encounter, however it provides an overview of some basic legal rights and responsibilities in New Zealand. |
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Publisher: |
Community Law Waikato |
Format: |
Hard-copy 79 pages |
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Publication information |
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| 2017 | Mistakes about Mistake of Fact: The New Zealand Story | Wilberg, Hanna | |
| Synopsis: | Mistaken accounts of the state of the law on mistake of law as a ground of judicial review have long been common in New Zealand. The purpose of this article is to correct the mistakes and to assess the extent to which recent authority does establish the ground. The first mistake is the claim that the Supreme Court in Bryson imposed severe restrictions on when mistakes of fact qualify for review. This claim confuses two different types of factual errors. The second is the most widespread mistake: a longstanding tradition of claiming that the ground is well established at both High Court and Court of Appeal level. The third mistake is found in the recent Supreme Court decision in Ririnui: this appears to confuse a pure error of law with a mistake of fact. Turning to the extent to which the ground is now established, the main point to note is that while the Supreme Court majority was mistaken about the nature of the mistake in Ririnui, that decision still clearly indicates the Court's support for the ground. In addition, three Court of Appeal decisions provide some further support for adopting the ground, along with some limited guidance on the applicable materiality test. What we are still waiting for is an authoritative appellate statement of the justification for adopting the ground and of the full set of applicable limits. | |
Publisher: |
Thomson Reuters, Public Law Review (2017) 28(3), 248-267 |
Format: |
19 page article in Public Law Review via Westlaw AU |
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Publication information |
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| 2016 | New Zealand - AQUACULTURE LAW AND POLICY: GLOBAL, REGIONAL AND NATIONAL PERSPECTIVES (peer reviewed book chapter) 313 - 335 | Scott Karen N. (author). Bankes Nigel., Dahl, Irene., VanderZwaag, David (eds). | |
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| 2016 | Evolving MPA Management in New Zealand: Between Principle and Pragmatism 47(3) (2016) OCEAN DEVELOPMENT AND INTERNATIONAL LAW 289 - 307 (refereed article) | Scott, Karen N. | |
| Synopsis: | Abstract:
In January 2016 New Zealand released a consultation document proposing a new MPA act designed to significantly reform current and now dated MPA policy. This article explores those reform proposals in the context of the current regulatory regime, international obligations and the best practice of selected other states. Whilst the proposed act provides for a much firmer legislative base from which to develop an MPA network to conserve biodiversity and ecosystem function, it is nevertheless limited in geographic and functional scope. As such, it represents a missed opportunity and undermines New Zealand's claims to be an international leader in ocean management. | |
Publisher: |
Taylor & Francis Inc |
Format: |
PDF, 29 pages - UC Research Repository |
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Publication information |
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| 2016 | The Evolution of Marine Spatial Planning in New Zealand: Past Present and Possible Future 31 (2016) INTERNATIONAL JOURNAL OF MARINE AND COASTAL LAW 652 - 689 (refereed article). | Scott Karen N. | |
| Synopsis: | Abstract:
This article explores marine spatial planning (MSP) as it is being developed in New Zealand. It breaks down the global concept of MSP into six core principles and evaluates the extent to which New Zealand implements these principles within its ocean governance regime. The article concludes with brief recommendations for developing MSP in New Zealand in the future. | |
Publisher: |
Brill |
Format: |
PDF, 26 pages - UC Research Repository |
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Publication information |
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| 2016 | A Constitution for Aotearoa New Zealand | Palmer, Geoffrey., Butler, Andrew. | |
| Synopsis: | New Zealand needs a constitution that is easy to understand, reflects our shared identity and nationhood, protects rights and liberties, and prevents governments from abusing power. The current constitution is vague, jumbled and unclear. It can be easily overridden or changed according to political whim. This book aims to change that. It proposes a modern, codified constitution that is accessible and clear, and it aims to stimulate debate about who we are as a nation and how we should be governed, so we can forge enduring arrangements now, instead of waiting for a crisis to force our hand. While A Constitution for Aotearoa New Zealand proposes some important changes, it is at pains to preserve the sound elements of our past and our unique constitutional culture. The authors conclude by seeking your feedback on their proposals, which will be reflected in a second edition to be published in 2017. |
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Publisher: |
Victoria University Press |
Format: |
Softcover, 256 pages |
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Publication information |
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Web site: A Constitution for Aotearoa New Zealand |
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| 2016 | Law, Ethics and Medicine: Essays in honour of Peter Skegg | Henaghan, Mark., Wall, Jesse. (Eds.). | |
| Synopsis: | This book has been written in honour of Emeritus Professor Peter Skegg. Described as 'one of the two fathers of medical law', he has been a leading figure in the study of law and medicine. Over a 46-year academic career at the University of Auckland, University of Oxford, and the University of Otago, Professor Skegg has helped develop the field of medical law into a burgeoning academic discipline and has provided intellectual guardianship for the practice of law and medicine. This collection brings together contemporaries, colleagues, and former students of Professor Skegg to celebrate his enduring contribution to the study of medical law. This edited collection contains twelve essays written by a range of internationally recognised medical lawyers. The topics cover the regulation of medical practitioners, consent, rights in bodily material, euthanasia, compensation and ethical approval for medical research, treatment orders for mental health conditions, and surrogacy laws. |
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Publisher: |
Thomson Reuters NZ |
Format: |
Softcover |
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| 2016 | Toolkit for Assessing Mental Capacity | Douglass, Alison., Young, Greg., McMillan, John. | |
| Synopsis: | This toolkit is a clinical, legal and practical guide for health practitioners (clinicians) when assessing an adult's capacity to make decisions. It is intended to assist clinicians who do capacity assessments infrequently. |
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Publisher: |
Alison Douglass |
Format: |
Micro-website |
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Publication information |
Link #2: |
Radio NZ interview with Alison Douglass 26 July 20 |
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| 2016 | Mental Capacity - Updating New Zealand's Law and Practice | Douglass, Alison | |
| Synopsis: | This report is the result of a legal research project undertaken by the writer as the 2014 recipient of the New Zealand Law Foundation International Research Fellowship. The project has involved analysis of relevant New Zealand law plus analysis of the legislative framework provided by the Mental Capacity Act 2005 (for England and Wales) and its associated Code of Practice. Key informants for this research include leading experts, academics and members of the judiciary in the United Kingdom, as well as a wide range of people working in the health and disability sector in New Zealand. A survey of doctors' educational needs was undertaken to inform the toolkit on assessing capacity. |
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Publisher: |
Alison Douglass |
Format: |
Softcover 260 pages. PDF and micro-website - see links below |
Link #1: |
Publication information |
Link #2: |
Micro-website containing full report and tool kit |
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| 2016 | Pathways to Prosperity - safeguarding biodiversity in development | Brown, Marie A. | |
| Synopsis: | New Zealand's world-renowned natural heritage is in crisis, and efforts to safeguard it in a development context can be fraught. New Zealand relies on thriving biodiversity as it underpins our prosperity and substantial change is needed to turn the negative trends around. In the near term, much opportunity exists to enhance outcomes through improvements in existing policy and practice and other innovations. This report describes present approaches to managing development and proposes a range of policy and practice improvements to enhance environmental outcomes and regulatory efficiency. The publication is aimed at the development sector, ecological professionals, policy makers and planners. Its user-friendly format and plain language makes it accessible to a general audience as well. |
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Publisher: |
Environmental Defence Society |
Format: |
PDF and Softcover, 84 pages |
Link #1: |
Publication information |
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| 2016 | Human Rights in New Zealand - emerging faultlines | McGregor, Judy., Bell, Sylvia., Wilson, Margaret. | |
| Synopsis: | Human Rights in New Zealand is a comprehensive survey of the seven major international human rights treaties which New Zealand has signed and ratified, as well as the Universal Periodic Review. Based on four years of research, undertaken with the support of the New Zealand Law Foundation, this book concludes that significant faultlines are emerging in the human rights landscape. It sets out an agenda for change with recommendations for practical action. |
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Publisher: |
Bridget Williams Books |
Format: |
Softcover, 252 pages |
Link #1: |
Publication information |
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| 2016 | The Search for Certaintly: Essays in Honour of John Smillie | Griffiths, Shelley., Henaghan, Mark., Ferrere, M.B. Rodriguez. (Eds.). | |
| Synopsis: | This book was written in honour of Emeritus Professor John Smillie. After an academic career spanning over forty years and engaging in many different areas of the law, Emeritus Professor John Smillie retired from the University of Otago in 2014. In honour of that achievement, this collection brings together a number of former colleagues, students and contemporaries to celebrate Professor Smillie's significant contribution to legal scholarship. This collection contains eleven essays written by leading academic commentators from both New Zealand and abroad on a range of subjects reflecting Professor Smillie's expansive oeuvre. From administrative law to tort; legal theory to civil obligations, the common denominator in Professor Smillie's work was a search for legal certainty and clarity, and this is demonstrated in the responses in this collection to some of his most influential works. Other essays build on the foundations that Professor Smillie created, critique his particular brand of jurisprudence or simply reflect on his 41 years of teaching at the University of Otago. |
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Publisher: |
Thomson Reuters NZ |
Format: |
Paperback |
Link #1: |
Publication information |
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| 2016 | Conference Proceedings: Maritime Law in the Asia-Pacific Region, held 25-26 Feb, 2016 Victoria University of Wellington | Marten, Bevan; Ringbom, Henrik; Forrest, Craig; Chen, Chen-Ju; Shan, Hong Jun; Liang, Yun; Zhengliang Hu, James; Sun, Siqi; Kozuka, Souichirou; Sooksrinaisamkit, Poomintr. | |
| Synopsis: | The web link below to the AUSTRALIAN AND NEW ZEALAND MARITIME LAW JOURNAL Vol 30, No 1 (2016) contains 9 academic papers from the 2016 Conference "Maritime Law in the Asia-Pacific Region". This was held at Victoria University of Wellington in February. | |
Publisher: |
Victoria University of Wellington |
Format: |
Web link to 9 conference papers |
Link #1: |
Publication information |
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| 2016 | New Zealand Journal of Public and International Law - Special Symposium (Dec 2015) Issue Vol 14 (1) (2016) | New Zealand Centre for Public Law | |
| Synopsis: | Special journal issue for the Dec 2015 symposium: International Organisations and the Rule of Law: Perils and Promise. Contains the following papers: ACCOUNTABILITY OF INTERNATIONAL ORGANISATIONS: THE POTENTIAL ROLE OF NGOS IN THE WORK OF DISARMAMENT BODIES -Treasa Dunworth; THE FORGOTTEN POTENTIAL OF THE ADVISORY JURISDICTIONS OF INTERNATIONAL COURTS AND TRIBUNALS AS A CHECK ON THE ACTIONS OF INTERNATIONAL ORGANISATIONS - Amelia Keene; CENTRAL AFRICAN REPUBLIC PEACEKEEPER SEXUAL CRIMES, INSTITUTIONAL FAILINGS, ADDRESSING THE ACCOUNTABILITY GAP - Roisin Burke; FINDING OBLIGATION: FOUNDATION FOR A MORE ACCOUNTABLE SECURITY COUNCIL: Carolyn M Evans |
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Publisher: |
New Zealand Centre for Public Law, Victoria University of Wellington |
Format: |
Softcover 150p |
Link #1: |
Publication information |
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| 2016 | Coroners' Recommendations and the Promise of Saved Lives | Moore, Jennifer | |
| Synopsis: | This is the first empirical law book to investigate coroners' recommendations, and the extent of their impact and implementation. Based on an extensive study, the book analyses over 2000 New Zealand Coroners' recommendations and includes more than 100 interviews and over 40 respondents to a survey, as well as Coroner's Court findings and litigation from Canada, England, Ireland, Australia and Scotland. This timely book is an overdue investigation of the highly debated questions: do coroners' recommendations save lives and how often are they implemented? |
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Publisher: |
Edward Elgar Publishing Limited, Cheltenham, UK |
Format: |
Hardcover, 297 pages |
Link #1: |
Publication information |
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| 2016 | Patent Law and Policy | Frankel, Susy; Lai, Jessica. | |
| Synopsis: | This book addresses two core questions: What is the law in New Zealand when it comes to patents? What is the policy behind the law? These seemingly simple questions are both complex and sometimes even unanswerable in the New Zealand context. Using Intellectual Property Office of New Zealand decisions, case law, international treaties, government documents and scholarly writings, this book examines the operations and details of the patent system. Highlighted in the book are changes to the law introduced by the Patents Act 2013; the dearth of appellate decisions in the field; and the lack of any clear policy goals other than largely unsubstantiated references to innovation. Patent Law and Policy indicates how gaps in the law might be filled and suggests directions that New Zealand might take in patent law and policy, in light of its particular situation as a predominantly patent-importing and small-market economy. This book is recommended for practitioners, scholars and students. It includes cutting edge discussion of international legal developments, Māori interests and the patent system, and trade agreements. | |
Publisher: |
LexisNexis |
Format: |
Book, Ebook |
Link #1: |
Publication information |
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| 2016 | The Continental Shelf Beyond 200 Nautical Miles - Rights and Responsibilities. UK: Oxford University Press | Mossop, Joanna. | |
| Synopsis: | Joanna's book provides an overview of the legal rights and duties of coastal States in relation to the extended continental shelf. It offers analysis of legal issues surrounding activities associated with the extended continental shelf including; fishing, oil, gas and mineral exploitation, bioprospecting and marine scientific research The book discusses environmental protections related to the extended continental shelf. And it explores the history of the negotiations of the 1958 Continental Shelf Convention and the 1982 Law of the Sea Convention to interpret the provisions applying to the extended continental shelf. |
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Publisher: |
Oxford University Press (UK) |
Format: |
Hardback - 304 pages |
Link #1: |
Publication information |
Link #2: |
About the author Joanna Mossop |
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| 2016 | Special Issue of Victoria University of Wgtn Law Review: Papers from the 2016 New Zealand Private Law Roundtable Part 1, Volume 47, Number 2, September 2016. | Palmer, Jessica., Austin, Graeme. (Eds.) | |
| Synopsis: | This publication is Part One of a two-part collection of papers given by participants at a Private Law Roundtable held in Wellington in Feb 2016. The range of topics includes contract interpretation, damages, constructive trusts, directors' duties passing off and privacy. Plus, a number of papers examine the interaction between private law topics and statutory regimes. Contributors include: Professor Andrew Robertson (University of Melbourne), Professor Graeme Austin (Victoria University of Wellington), Dr Matthew Barber (University of Canterbury), Dr Simon Connell (University of Otago), Dr Maria Hook (University of Otago), Dr Nicole Moreham (Victoria University of Wellington), Associate Professor Jessica Palmer (University of Otago) and Marcus Roberts (University of Auckland). |
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Publisher: |
Victoria University of Wellington |
Format: |
Paperback 344 pages |
Link #1: |
Publication information |
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| 2016 | Special Issue of Victoria University of Wellington Law Review: Papers from the 2016 New Zealand Private Law Roundtable Part 2, Volume 47, Number 3, November 2016 | Palmer, Jessica., Austin, Graeme. (Eds.) | |
| Synopsis: | This publication is Part Two of a two-part collection of papers given by participants at a Private Law Roundtable held in Wellington in Feb 2016. The range of topics includes contract interpretation, damages, constructive trusts, directors' duties passing off and privacy. Plus, a number of papers examine the interaction between private law topics and statutory regimes. Contributors include: Mark Bennett (Victoria University of Wellington), Juliet Chevalier-Watts (University of Waikato), Dr Ben France-Hudson (University of Otago), Bevan Marten and Geoff McLay (Victoria University of Wellington), Professor Nicola Peart (University of Otago), Professor Charles Rickett (AUT) and Victoria Stace (Victoria University of Wellington). |
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Publisher: |
Victoria University of Wellington |
Format: |
Paperback 501 pages |
Link #1: |
Publication information |
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| 2016 | Otago Law Review 2016, Vol 14, No. 2, 257-328 | Virgo, Graham; Havelock, Rohan; Devonshire, Peter; Scott, Struan | |
| Synopsis: | A collection of papers from the Law of Obligations Symposium held 5th August 2016 at the University of Otago:
Judicial Discretion in Private Law (Virgo, G)
Judicial Discretion in Private Law - a Commentary (Havelock, R)
Bribery in Retrospect: Where did it all go wrong? (Devonshire, P)
Sinclair v Brough and change of Position (Scott, S). | |
Publisher: |
University of Otago |
Format: |
Book |
Link #1: |
Publication information |
Link #2: |
Link to cover and table of contents |
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| 2015 | Vanishing Nature: facing New Zealand's biodiversity crisis | Brown, Marie A., Stephens, R T Theo., Peart, Raewyn., Fedder, Bevis. | |
| Synopsis: | The book presents an exhaustive analysis of New Zealand's biodiversity status and management. The authors argue that the fundamental drivers of harm as well as the barriers to effective protection must be addressed if we are to halt the loss of our native species and ecosystems and maintain our natural capital. This will require novel economic institutions designed to bring private and public interests toward alignment. The book includes a comprehensive suite of strategic, tactical and practical solutions and finishes with a vision and action plan that EDS is committed to champion in the coming years. |
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Publisher: |
Environmental Defence Society |
Format: |
Softcover / Hardcover |
Link #1: |
Publication information |
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| 2015 | Without a Lawyer in the Family Court | Adams, John | |
| Synopsis: | Two new community videos titled "Without a Lawyer in the Family Court" have been made to provide insight into the workings of the Court. They enable viewers to gain a clear understanding of what to expect and how best to prepare for their own appearances through cases acted out in a real courtroom. The production of the videos, initiated by lawyers Kiriana Tan (Hamilton) and Tania Williams-Blyth (Rotorua), was prompted by rule changes that restrict the use of lawyers in the early stages of Family Court cases. Through their family law work they identified a need for this kind of resource, and combined forces with retired Family Court Judge John Adams to script the film. "Without a Lawyer in the Family Court" is now available in both Te Reo Maori and English on YouTube via the Ministry of Justice web site: Part 1: Conference with a judge Part 2: Defended hearing The videos are narrated by TV personalities Blair Strang and Rotorua's Scotty Morrison. Production by Taniwha Media Ltd. | |
Publisher: |
Te Kopu Legal |
Format: |
Videos - 2 |
Link #1: |
Publication information |
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| 2015 | Legal Response to Natural Disasters | Finn, Jeremy., Toomey, Elizabeth | |
| Synopsis: | Post Christchurch earthquakes and other recent natural disasters in New Zealand highlighted the lack of comprehensive information and guidance available for professionals dealing with the legal issues that arise in the aftermath. This book has been written to address that information gap. With this objective in mind, it draws upon legal and non-legal information from national and international sources to provide an analysis of, and commentary on, many of the legal issues that occur in the wake of natural disasters. |
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Publisher: |
Thomson Reuters NZ |
Format: |
Soft Cover 377 pages |
Link #1: |
Publication information |
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| 2015 | Test Tubes for Global Intellectual Property Issues - Small Market Economies | Frankel, Susy | |
| Synopsis: | Small market economies provide a valuable insight into how a country might balance competing interests in global intellectual property. As developed countries that are also net-importers of intellectual property, small market economies have similar concerns to some developing countries. This duality of developed and developing country interests has resulted in some innovative ways of calibrating laws so that they both support national economic and social needs and honour international commitments. In this book, Susy Frankel uses examples from the small market economies of Singapore, New Zealand and Israel to address global intellectual property issues. Those issues include approaching treaty interpretation to both assist in implementation of obligations and utilisation of flexibilities, and effective dispute resolution; the links between trade and innovation; when and how patent and copyright law can be flexible; the importance of trade marks to small businesses; parallel importing; and the protection of traditional knowledge. |
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Publisher: |
Cambridge University Press |
Format: |
Hardcover, 232 pages |
Link #1: |
Publication information |
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| 2015 | The FIRE Economy | Kelsey, Jane | |
| Synopsis: | In 1995 Jane Kelsey set out a groundbreaking account of the neoliberal revolution in The New Zealand Experiment. Now she marshals an exceptional range of evidence to show how this transfer of wealth and power has been systematically embedded over three decades. Today organisations and commentators once at the vanguard of neoliberal reform, including the IMF andFinancial Times journalist Martin Wolf, are warning the current model is unsustainable. A post-neoliberal era beckons. In The FIRE Economy Kelsey identifies the risks posed by FIRE and the barriers embedded neoliberalism presents to a progressive, post-neoliberal transformation - and urges us to act. This is a book New Zealand cannot afford to ignore. |
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Publisher: |
Bridget Williams Books |
Format: |
Soft Cover, 344 pages |
Link #1: |
Publication information |
Link #2: |
Radio NZ National Interview with Jane about her bo |
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| 2015 | Search for Environmental Justice - The IUCN Academy of Environmental Law Series | Martin, Paul., Bigdeli, Sadeq., Daya-Winterbottom Trevor., du Plessis, Willemien., Kennedy, Amanda. (Eds.) | |
| Synopsis: | This book contains proceedings from the Law Foundation funded 11th IUCN Academy of Environmental Law Colloquium held in Waikato (NZ) 2013. The publisher, Edward Elgar, says: This is an extended and remarkable excursus into the evolving concept of environmental justice. This key book provides an overview of the major developments in the theory and practice of environmental justice and illustrates the direction of the evolution of rights of nature. The work exposes the diverse meanings and practical uses of the concept of environmental justice in different jurisdictions, and their implications for the law, society and the environment. |
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Publisher: |
Edward Elgar Publishing - UK and USA |
Format: |
Hardback, 384 pages |
Link #1: |
Publication information |
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| 2015 | The Supreme Court of New Zealand 2004-2013 | Russell, Mary-Rose., Barber, Matthew. (Eds.). | |
| Synopsis: | This book was conceived as a critical review of the New Zealand Supreme Court's first decade of operation. It contains a variety of perspectives on and approaches to examining the Court's contribution to New Zealand law from its creation on 1 January 2004 until the end of 2013. It focuses on areas of law in which key decisions have been made, including: company, torts, judicial review, contractual interpretation, public, employment, bill of rights, taxation and criminal. Included is a barrister's perspective on the Court's performance, two chapters using empirical analyses to consider the decisions of the Court both in applications for leave to appeal and in substantive appeals, and a complete list of the accessible outputs of the Court, the latter being previously unavailable from a single source. This book will be of particular interest to litigators who specialise in areas of law covered in its chapters, as the analysis of the Supreme Court's decisions provides them with insight into the way in which the judges approach different types of cases, allowing them to craft their submissions in ways that accord with the judges' approach. | |
Publisher: |
Thomson Reuters NZ |
Format: |
Book |
Link #1: |
Publication information |
Link #2: |
More about the book |
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| 2015 | The Collection and Retention of DNA from Suspects in New Zealand | Lynch, Nessa., Campbell, Liz. | |
| Synopsis: | New Zealand was an early adopter of DNA forensic technology. It has now been 20 years since the Criminal Investigations (Bodily Samples) Act 1995 was introduced, and since then the range and power of DNA forensics, as well as the powers of the state to obtain DNA samples, have expanded rapidly, raising questions about the implications for criminal justice and human rights. This book provides a framework for discussion of these implications, and makes recommendations for how to proceed with laws about the collection and retention of DNA samples from those suspected of committing a crime. |
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Publisher: |
Victoria University Press |
Link #1: |
Publication information |
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| 2015 | Health Law in New Zealand | Paterson, Ron., Skegg, Peter. (Eds.) | |
| Synopsis: | An invaluable source of scholarly and practical commentary "Health Law in New Zealand" is the leading account of the law relating to medical and health care law in New Zealand. It examines a complex area of specialisation, encompassing a broad range of personal health and public health issues that arise in the private and public sectors, and affect patients, health and legal practitioners, and the broader community. Led by General Editors Professors Peter Skegg and Ron Paterson it is a collaborative treatise by leading New Zealand medico-legal experts, developed from "Medical Law in New Zealand" (recipient of the JF Northey Memorial Award for best law book published in 2006). Along with the significantly rewritten core chapters of the book, there are new chapters on public health, access to health care, mental health and intellectual disability, human tissue and coroners. This text is the only detailed analysis of health law in New Zealand. It will give legal practitioners, health practitioners and managers, students and the public an authoritative account of key aspects of the law relating to health care. |
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Publisher: |
Thomson Reuters NZ Ltd. |
Format: |
Softcover and eBook, 1227p |
Link #1: |
Publication information |
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| 2015 | Native Land Court Volume 2 1888-1909: A Historical Study, Cases and Commentary | Boast, Richard | |
| Synopsis: | The Native Land Court is one of the most important institutions in New Zealand legal history, yet its decisions have never been reported in a proper law report format. The award winning Volume One of this series, published in 2013, contained a selection of full decisions of the Court from 1862-1887. This volume takes the story of the Native Land Court forward to 1909 and the great consolidating Native Land Act of that year. The period from 1888-1909 was a very important, and somewhat neglected, one in the history of the Native Land Court and its allied institutions. This book is not merely a compilation but a definitive study of the Native Land Court in its political and legal context. |
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Publisher: |
Thomson Reuters NZ Ltd. |
Format: |
Hardcover, 1145 pages |
Link #1: |
Publication information |
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| 2015 | Legal Māori Resource Hub | Te Kaupapa reo-a-Ture The Legal Māori Project | |
| Synopsis: | The Legal Māori Resource Hub was developed to make important research outputs freely available to the public in one simple and easy-to-use website. It was launched in July 2015 by Te Kaupapa reo-a-Ture - The Legal Māori Project* - a group co-led by Victoria University senior law lecturer Māmari Stephens. The site aims to remove obstacles that prevent people from practising law in New Zealand's native language, and at facilitating those proceedings already carried out in te reo, at the Waitangi Tribunal, Māori Land Court and informal hui (meetings). The website provides a service never previously available in New Zealand. It allows legal practitioners and the public, whether they can korero (speak) Māori or not, to access a Māori dictionary of legal terms and to reference those terms against a massive corpus of historic and contemporary Māori texts - texts from 1828 to 2009, comprising more than 8 million individual word tokens. This online resource includes: (1) Kōpututanga Reo Ture - Legal Maori Corpus (2) Tātari Tuhinga - Corpus Browser (3) Online version of He Papakupu Reo Ture - Dictionary of Māori Legal Terms (LexisNexis 2013). It is of particular interest to Māori speakers, translators, historians, lexicographers, applied linguists and legal scholars. *Te Kaupapa reo-a-Ture, established in 2008 and primarily funded by the MBIE, aimed to assist speakers to use Māori vocabulary to describe western legal concepts. The project produced a dictionary of legal Māori terms for western legal concepts based on a large corpus of printed texts in Māori. NZ Law Foundation contributed funding for the development of The Hub, a website that provides public access to the material developed by Te Kaupapa reo-a-Ture. |
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Publisher: |
Victoria University of Wellington |
Format: |
Web site |
Link #1: |
Publication information |
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| 2014 | Framing the Commons: Cross Cutting Issues in Regulation (Vol 3 Regulatory Reform Project) | Frankel, Susy (Professor)., Yeabsley, John. (Eds.). | |
| Synopsis: | This book is the culmination of a three-year Regulatory Reform project supported by the New Zealand Law Foundation and carried out by the partnership of Victoria University of Wellington, The New Zealand Institute of Economic Research and Chapman Tripp. Framing the Commons is the third book from the project. It analyses the challenges of developing regulation in New Zealand, including how to work with New Zealand's unique features; the role of experimentation, monitoring and review; finding the balance between certainty and discretion in regulation; and the pros and cons of the analytical techniques (such as cost-benefit analysis) that are used for evaluating regulations once they are implemented. It makes a strong case for focusing on the early stages of the regulation-making process and building in better processes to learn from existing regulation, in order to improve the flexibility and durability of regulation in New Zealand |
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Publisher: |
Victoria University Press, Wellington |
Link #1: |
Publication information |
Link #2: |
Regulatory Reform Online Toolkit |
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| 2014 | Foreign Relations Law | McLachlan, Campbell | |
| Synopsis: | FOREIGN RELATIONS LAW provides the first comprehensive study of foreign relations law in Anglo-Commonwealth systems in three decades and was eagerly anticipated when launched by the Attorney-General at Parliament on 27 August. It tackles three fundamental issues: the distribution of the foreign relations power between the organs of government; the impact of the foreign relations power on individual rights; and the treatment of the foreign state within the municipal legal system. The book examines the legal principles which govern the external exercise of the public power of states within common law legal systems. YouTube link of Professor McLachlan talking about his research and his book: https://www.youtube.com/watch?v=HzBpuwc01HA |
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Publisher: |
Cambridge University Press |
Format: |
648 pages, 254 x 180 x 40mm, Hardback |
Link #1: |
Publication information |
Link #2: |
Campbell talks about his book and his research |
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| 2014 | Prendergast: Legal Villain? | Morris, Grant | |
| Synopsis: | A biography of New Zealand's infamous and second longest serving Chief Justice, James Prendergast. Known best for referring to the Treaty of Waitangi as a 'simple nullity'. But during his lifetime, he was a highly respected lawyer and judge. He was arguably New Zealand's dominant legal professional from 1865 to 1899. Dr Morris's book asks 'Who was this legal villain? Was he really a villain at all?' |
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Publisher: |
Victoria University Press |
Format: |
256 pages, 240 x 170mm, Softcover |
Link #1: |
Publication information |
Link #2: |
Radio NZ Interview with Author |
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| 2014 | New Zealand's Gift to the World - The Youth Justice Family Group Conference | Henwood, Carolyn (Judge)., Stratford, Stephen. | |
| Synopsis: | This book is a celebration of New Zealand's Family Group Conference (FGC) that came into being with the Children, Young Persons and Their Families Act 1989, 25 years ago. It examines how well this world-leading process is living up to its vision and how it can be further improved to reduce youth crime in NZ. The power of the FGC, in resolving youth crime, is explored in the book through true stories and actual FGC outcomes. Included are the opinions of those who work in the field of youth justice (both inside and outside government). Despite youth crime being at an all-time low, and the success of the FGC, the book makes some solid recommendations for improvement. Highlighted is the need to look at leadership in the sector and review the way the State and Iwi engage with each other in youth justice. The book was written in collaboration with The Office of the Principal Youth Court Judge, NZ Police and The Office of the Chief Social Worker. |
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Publisher: |
Henwood Trust |
Format: |
203 pages, 240 x 221mm, Softcover |
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Publication information |
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| 2014 | New Zealand Journal of Public and International Law (2014) Vol 12 | Fischer, D. H., Sharp, A., Barker F., McMillan, K., Boast, R. P., Dorsett, S., Gussen, B.F., Hickford, M., Jones, C., Palmer, G., Williams, D. V. | |
| Synopsis: | Articles comprising this special issue of the NZ Journal of Public and International Law were first presented as part of the UNEARTHING NEW ZEALAND'S CONSTITUTIONAL TRADITIONS CONFERENCE organised by NZ Centre for Public Law in Aug 2013. More than one hundred academics, legal professionals, students and members of the general public attended. They discussed a number of the traditions of thought and practice that have shaped NZ's constitutional order. Historians and lawyers, from NZ and abroad, engaged in debates about early colonial constitutional practices, about diverse Maori constitutional traditions, about the distinctiveness of NZ's constitutional traditions when compared to those of other jurisdictions, and about the future of the country's constitution. |
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Publisher: |
New Zealand Centre for Public Law, Victoria University of Wellington, NZ |
Format: |
260 pages, 240 x 170mm, Softcover |
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Publication information |
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| 2014 | Research Management Theory and Practice 2014. | Palmer, Geoffrey., Alias, S., Horn, Laura., Counsell, Kevin and Mellop, James., Jackson, Jon., Wheen, Nicola., Sila, Munyao., Solomon, Timothy., Ruru, Jacinta., Sax, Joseph. (2015) RESEARCH MANAGEMENT THEORY AND PRACTICE 2014. Auckland, NZ: Thomson Reuter | |
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| 2014 | Women Trailblazers in the Law: The New Zealand Women Judges Oral Histories Project: PART-1 | Chan, Elizabeth | |
| Synopsis: | This article aims to provide the first national, publicly accessible records of the lives and careers of trailblazing women judges (and lawyers) in New Zealand. It provides an overview of the New Zealand Women Judges Oral Histories Project and explores two major themes from the first nine interviews conducted with current and retired women judges. The first theme examines the women judges stories from a cultural perspective, the second identifies the challenges the women judges faced because of their gender and their attempts to break gender barriers. It concludes by reflecting on what we can learn from these stories and what younger generations of women in the law might strive to achieve in the future. | |
Publisher: |
Victoria University of Wellington Law Review, 45, 407-436. 2014. |
Format: |
PDF, 24 pages |
Link #1: |
Publication information |
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| 2013 | Marine Protected Areas in the Southern Ocean. THE LAW OF THE SEA AND POLAR REGIONS: INTERACTION BETWEEN GLOBAL AND REGIONAL REGIMES (peer reviewed book chapter) 113 - 137 | Scott Karen N. (author). Oude Elferink, Alex., Molenaar, Erik., Rothwell, Donald R (eds). | |
| Synopsis: | | |
Publisher: |
Martinus Nijhoff Publishers |
Format: |
PDF, 20 pages - UC Research Repository |
Link #1: |
Publication information |
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| 2013 | Recalibrating Behaviour: Smarter Regulation in a Global World (Vol 2 Regulatory Reform Project) | Frankel, Susy (Professor)., Ryder, Deborah. (Eds.) | |
| Synopsis: | This is the second publication from the NZ Law Foundation Regulatory Reform Project, led by Professor Susy Frankel of VUW. Over the past 2+ years the project has looked at key aspects of New Zealand's regulatory regime and how this could be improved for the benefit of New Zealanders and the New Zealand economy. This latest publication, released near the end of the project, provides recommendations on how New Zealand could achieve smarter regulation. It builds on material from the first book Learning from the past, adapting for the future: Regulatory Reform in New Zealand' that identified issues and concerns relating to regulation in New Zealand. Editors Susy Frankel and Deborah Ryder say the text will appeal to those interested in improving regulation for a globally connected New Zealand. The Regulatory Reform Project has been conducted by researchers from VUW's Law Faculty working with research partners from Chapman Tripp and the NZ Institute of Economic Research. |
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Publisher: |
LexisNexis NZ Limited |
Link #1: |
Publication information |
Link #2: |
Regulatory Reform Online Toolkit |
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| 2013 | Reform - a memoir / Geoffrey Palmer | Palmer, G.W.R | |
| Synopsis: | In this memoir, Geoffrey Palmer recounts the events and forces that shaped him as well as his many adventures in reforming a wide range of institutions, laws and policies. He speaks of his early life and family background in Nelson and the eventful lives of his pioneering ancestors. He examines the intellectual influences on his thinking, particularly the nature of his education both in New Zealand and the United States. Geoffrey Palmer chronicles his life according to the issues: accident compensation, the Constitution, the Bill of Rights, the Law Commission, liquor law, Maori issues, parliamentary reform, the Resource Management Act, law and order, prisons, and local government reform are all discussed in-depth. International issues also come within the compass of the book, with extensive treatment of New Zealand's anti-nuclear policy, the Rainbow Warrior' affair, the Gaza Flotilla incident and Palmer's diplomatic efforts to reform the International Whaling Commission. Meticulously detailed, engagingly written, and covering a wide variety of topics, Reform is essential reading for anyone interested in New Zealand legal and political history. |
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Publisher: |
Victoria University Press |
Link #1: |
Publication information |
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| 2013 | New Zealand's Mental Health Act in Practice | Dawson, John., Gledhill, Kris. (Eds.) | |
| Synopsis: | The book 'New Zealand's Mental Health Act in Practice' constitutes a thorough, non-governmental review of the workings of the Act. It provides a rounded portrait of the implementation of New Zealand's compulsory assessment and treatment regime, set within its wider legal context - a portrait drawn by clinicians and consumers, lawyers and officials, nurses and social scientists, Māori and non-Māori, alike. Questions raised in the book include: How are the legal standards governing compulsory treatment applied? Do the review procedures sufficiently protect those under the Act? Should mental health patients with capacity have the right to refuse treatment? Is the operation of our aging MHA, under which Māori are over-represented, rates of coercion seem to be rising, and links seem to exist between compulsion and social deprivation, genuinely consistent with New Zealand's stated commitment to human rights? |
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Publisher: |
Victoria University Press |
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| 2013 | Environmental Law for a Sustainable Society - Second Edition - Monograph Series: Vol 1 | Bosselmann, Klaus., Grinlinton, David., Taylor, Prue. (Eds.) | |
| Synopsis: | This book examines current trends and future prospects of environmental law, in particular how present environmental law meets the challenge of sustainable development. It has a primarily New Zealand focus and includes a comprehensive bibliography of environmental law titles written by New Zealand and foreign authors writing about New Zealand environmental law. This is the second edition. The first was published in 2002 with assistance from the NZ Law Foundation. |
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New Zealand Centre of Environment Law, Faculty of Law, University of Auckland |
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| 2013 | The Native Land Court - A Historical Study, Cases and Commentary 1862-1887 | Boast, Richard | |
| Synopsis: | The first ever authoritative published selection of the Native Land Court's principal decisions. The book, (the first of a planned three volume series), contains a full introduction explaining the history of the Court and contains over 100 principal cases each of which include full text and introductory commentary explaining the case and its significance. It includes cases from all over the country. It will be of interest to iwi, legal practitioners, and historians and an indispensable reference tool for future work relating to the Native Land Court. |
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Publisher: |
Thomson Reuters |
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| 2013 | Voices of New Zealand's Women Judges: Oral History Project. Oral History in New Zealand. | Glazebrook, Susan | |
| Synopsis: | This article provides an overview of the New Zealand Women Judges Oral History Project as at Dec 2013. (The full project ran from 2010 to 2017). It explains the objectives for the project and the range of areas they explored when interviewing the women judges. Plans for publishing via the Alexander Turnbull Library are given, as are themes that emerged from the interviews up until Dec 2013.
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Oral History in New Zealand |
Format: |
PDF, 7 pages |
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Link to Alexander Turnbull Library archive |
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| 2012 | The Good Doctor - What patients want | Paterson, Ron (Professor) | |
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| 2012 | Real Rape to Real Justice: Prosecuting rape in New Zealand | McDonald, Elisabeth., Tinsley, Yvette. (Eds.) | |
| Synopsis: | The authors worked in collaboration with the Law Commission to research possible reforms of the pre-trial and trial processes in cases of sexual offending. This book is the result of extensive investigation into overseas and local practices and recommends changes to the current system, some of which draw on models from civil law (sometimes referred to as inquisitorial) jurisdictions. |
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Publisher: |
Victoria University Press, Wellington NZ |
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| 2012 | Wonders of the Sea - The protection of New Zealand's Marine Mammals | Mulcahy,Kate.,Peart,Raewyn. | |
| Synopsis: | This publication investigates how New Zealand's current legislative framework has been applied in practice to address conflicts between human activity and marine mammals. It canvasses approaches to marine mammal protection in other countries and identifies current weaknesses in New Zealand's management framework. It then outlines measures that could be taken to enable the legislation to better ensure the 'full protection' of New Zealand's marine mammals. |
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Publisher: |
Environmental Defence Society Incorporated, Auckland NZ |
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| 2012 | Treaty of Waitangi Settlements | Wheen, Nicola R., Hayward, Janine. (Eds.) | |
| Synopsis: | This book considers the achievements and controversies of Treaty of Waitangi settlements over the years. |
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Publisher: |
Bridget Williams Books |
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| 2012 | Antarctic Securtity in the Twenty-First Century - Legal and policy perspectives | Hemmings Alan D., Rothwell Donald R., Scott Karen N. (Eds.) | |
| Synopsis: | Antarctic Security in the Twenty-First Century: Legal and Policy Perspectives assess Antarctic security from multiple legal and policy perspectives. This book reviews the existing security construct in Antarctica, critically assesses its status in the early part of the Twenty-First century and considers how Antarctic security may be viewed in both the immediate and distant future. |
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Publisher: |
Routledge - New York, USA, Canada |
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| 2011 | What's the Hurry? - Urgency in the New Zealand Legislative Process 1987-2010 | Geiringer, Claudia., Higbee, Polly., McLeay, Elizabeth. | |
| Synopsis: | What's the Hurry is the first in-depth study of the use of urgency in the New Zealand House of Representatives. The authors document every use of urgency over a 24-year period (1987 to 2010) and analyse how, when, how much and why urgency is used. They conclude that, while some uses of urgency are relatively unproblematic, others are deeply troubling particularly when urgency is used to avoid select committee scrutiny of legislation. They commend Parliament's Standing Orders Committee for recommending changes to the regulatory framework governing urgency but wonder whether those changes go far enough. |
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Publisher: |
Victoria University Press, Wellington NZ |
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| 2011 | Learning from the Past, Adapting for the Future: Regulatory Reform in New Zealand (Vol 1 Regulatory Reform Project) | Frankel, Susy (Professor). (Ed.). | |
| Synopsis: | The book is a series of papers that draw extensively on New Zealand's regulatory experience to analyse issues of regulation in the New Zealand setting. It poses questions to frame and develop ongoing research. Book can be purchased from LexisNexis: http://www.lexisnexis.co.nz/our-solutions/legal/sole-practitioner/research-solutions/research-the-law/constitutional.aspx |
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Publisher: |
LexisNexis, Wellington New Zealand |
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Publication information |
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Regulatory Reform Online Toolkit |
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| 2011 | New Zealand Law Style Guide (2nd Edition) | Mclay, Geoff., Murray, Christopher., Orpin, Jonathan. | |
| Synopsis: | The New Zealand Law Style Guide provides an authoritative and unified framework of styles used by New Zealand's courts, law schools and publishers of law reports and journals. It has also been used in Law Commission publications and by barristers in court submissions. Hardcopies can be purchased via Thomson Reuters: www.thomsonreuters.co.nz/catalogue/new-zealand-law-style-guide-2nd-edition/ |
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Publisher: |
Thomson Reuters (Wellington, NZ) |
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| 2011 | Law into Action: economic, social and cultural rights in Aotearoa New Zealand | Bedggood, Margaret., Gledhill, Kris. (Eds.) | |
| Synopsis: | Law into Action - Economic, Social and Cultural Rights in Aotearoa New Zealand is a comprehensive reference work for lawyers, policymakers, activists and all those interested in the history and protection of economic, social and cultural rights in New Zealand. |
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Publisher: |
Thomson Reuters (Wellington, NZ) |
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| 2011 | The New Zealand Judicial Review Handbook | Smith, Matthew | |
| Synopsis: | The New Zealand Judicial Review Handbook is a comprehensive resource that can be drawn upon to access the law and practice of judicial review in New Zealand. It presents New Zealand judicial review propositions and counter-propositions in a similarly comprehensive manner to what Michael Fordham has done in his Judicial Review Handbook. |
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Publisher: |
Brookers Ltd (Wellington, NZ) |
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| 2011 | We,the People(s) - Participation In Governance | Charters, Claire., Knight, Dean. (Eds.) | |
| Synopsis: | We, the People(s) canvasses a variety of important issues relating to the place of the people(s) in governance. Contributors include: Jonathan Boston, Peter Cane, David Caygill, Claire Charters, Richard Ekins, Amokura Kawharu, Dean R Knight, Karen Knop, Elisabeth McDonald, Matthew SR Palmer, Sir Anand Satyanand, Jeremy Waldron and Margaret Wilson. |
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Publisher: |
Victoria University Press (Wellington NZ) in association with NZ Centre for Public Law (Victoria University of Wellington, NZ) |
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| 2011 | Lords of the Land - indigenous property rights and the jurisprudence of empire. Oxford and New York: Oxford University Press | Hickford, Mark | |
| Synopsis: | Through focusing on the settlement of New Zealand during the critical period of the 1830s through to the early 1860s, this book offers a fresh assessment of the histories of indigenous property rights and the jurisprudence of empire. It shows how native title became not only a key construct for relations between Empire and tribes, but how it acted more broadly as a constitutional frame within which discourses of political authority formed and were contested at the heart of Empire and the colonial peripheries. |
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Publisher: |
Oxford University Press (Oxford and New York) |
Format: |
552 pages, maps, 243 x 156mm, Hardback |
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| 2011 | A Simple Nullity? The Wi Parata Case in New Zealand Law and History | Williams, David V. | |
| Synopsis: | Author David V. Williams takes a fresh look at the notorious Wi Parata case - the protagonists, the origins of the dispute, the years of legal back and forth - affording new insights into both Maori-Pakeha relations in the nineteenth century and the legal position of the Treaty of Waitangi. |
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Publisher: |
Auckland University Press |
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| 2011 | Reconstituting the Constitution | Morris, Caroline.,Boston, Jonathan., Butler, Petra.(Eds.) | |
| Synopsis: | This publication contains a diverse range of papers about constitutional issues in New Zealand as presented at the 2010 conference "Reconstituting the Constitution". This event was arranged by the New Zealand Centre for Public Law (Victoria University of Wellington) and sponsored by the New Zealand Law Foundation. In this volume, scholars, practitioners, politicians, public officials, and young people explore constitutional questions relevant to New Zealand and provide some thought-provoking answers. This book is recommended for anyone seeking insight into how a former British colony with bicultural foundations is making the transition to a multicultural society in an increasingly complex and globalised world. |
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Publisher: |
Springer-Verlag Berlin Heidelberg |
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| 2011 | Property Rights and Sustainability - the evolution of property rights to meet ecological challenges | Grinlinton, David., Taylor, Prue. (Eds.) | |
| Synopsis: | This book contains a selection of papers from the University of Auckland conference "Property Rights and Sustainability: The Evolution of Property Rights to Meet Ecological Challenges" held April 2009. This is the eleventh volume in the Martinus Nijhoff series on "Legal Aspects of Sustainable Development". It has three sections: (1) Theoretical Perspectives on Property Rights and Sustainability (2) Differing Cultural Approaches to Property Rights in Natural Resources (3) Changing Conceptions and the Challenge of Accommodating Principles of Sustainability in the Ownership and Use of Natural Resources. The NZ Law Foundation supported the publication of this book. |
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Publisher: |
Martinus Nijhoff Publishers. |
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| 2010 | Human Rights in the Prevention and Punishment of Terrorism | Conte, Alex | |
| Synopsis: | This title takes a comparative approach to the evaluation of human rights in the prevention and punishment of terrorism within the United Kingdom, Canada, Australia and New Zealand. The text first looks at the question of defining terrorism, and examines the international and domestic frameworks for countering terrorism. The second part of the book provides an overview and analysis of international and regional human rights law and its capacity to allow for the limitation of rights and freedoms when pursing important objectives such as the countering of terrorism, as well as providing a comparative review of human rights laws in each country. The final and most extensive part of the text begins with an overview of the interaction between counter-terrorism and human rights, followed by thematic and case study evaluations of discreet topics. |
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Publisher: |
Springer |
Format: |
Hardcover, Softcover, eBook - 845 pages |
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| 2010 | No Ordinary Deal - Unmasking the Trans-Pacific Partnership Free Trade Agreement | Kelsey, Jane. (Ed.) | |
| Synopsis: | A new free-trade deal threatens to undermine New Zealand's ability to make the political decisions its people want, argue Jane Kelsey and others in a series of essays on the Trans-Pacific Partnership Agreement. Rather than genuinely opening the way for increased trade with the US and other Pacific Rim countries, the agreement risks jeopardising financial regulation, drugs purchasing policy, food standards and health initiatives. Detailing the effects of previous trade deals on countries across the world, the authors of these challenging essays open up debate on a crucial but little discussed deal. |
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Publisher: |
Bridget Williams Books (Wellington, NZ) |
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| 2010 | Educating for the Profession - Law at Canterbury 1873-1973 | Finn, Jeremy. | |
| Synopsis: | This book presents the first detailed exploration of the early history of legal education in New Zealand. It draws on extensive research into a range of historical material and periodical literature, as well as a rich variety of accounts and recollections from former staff and students, to explore the first 100 years of teaching and study of law at Canterbury. |
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Publisher: |
Canterbury University Press |
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| 2010 | Youth and the Law 2010 - a comprehensive guide to the law relating to young people from birth to adulthood. 4th Edition. | Educational Resources | |
| Synopsis: | This book covers 45 legal areas and answers over two thousand questions. It is an essential resource for young people and people working with youth. Contains substantial new material since the previous edition - on subjects such as boy racers, care arrangements, civil unions, anti smacking legislation and the UN declaration of Human Rights. |
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Publisher: |
Educational Resources, Wellington, NZ |
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| 2010 | Special Edition of The Canterbury Law Review: Trans-Tasman Law and Legal Practice, Volume 16, 2010, 1-184 | Toomey, Elizabeth. (Ed.). | |
| Synopsis: | This publication is a collection of ten papers on trans-Tasman legal issues from the conference "Trans-Tasman Law and Legal Practice - 27-28 August 2010". The conference was a joint-venture between the New Zealand Australia Research Centre (NZARC) and the Canterbury School of Law. It focused on legal relationships between the two countries with particular emphasis on contemporary issues. The conference presenters were NZ and Australian legal experts in the field, academics, judges, law commissioners and distinguished practitioners. The authors of the papers are: The Hon Michael D Kirby AC CMG; Dr John Hopkins; Professor Nicholas Aroney; Emeritus Professor James Davis; Professor Reid Mortenson; Professor Jeremy Finn; Emeritus Professor John Burrows; Judge Peter Boshier; David Howman and Hayden Opie who co-authored a paper with Professor Elizabeth Toomey. |
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Publisher: |
University of Canterbury |
Format: |
Paperback 184 pages |
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| 2009 | The Cartwright Papers essays on the cervicial cancer inquiry 1987 to 88 | Manning, Joanna. | |
| Synopsis: | This book presents the first detailed exploration of the early history of legal education in New Zealand. It draws on extensive research into a range of historical material and periodical literature, as well as a rich variety of accounts and recollections from former staff and students, to explore the first 100 years of teaching and study of law at Canterbury. |
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Publisher: |
Bridget Williams Books |
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| 2009 | The New Zealand Journal of Public and International Law - Volume 7 - Number 1 - June 2009 - Special Conference Issue: MMP and the Constitution | Boston, Jonathan and Bullock, David., Geddis, Andrew., Joseph, Philip A., Kaiser, Andre., Levine, Stephen and Roberts, Nigel S., Malone, Ryan., Miller, Raymond and Vowles, Jack., McHugh, PG. | |
| Synopsis: | This special issue of the New Zealand Journal of Public and International Law contains articles reflecting on New Zealand's experience with the mixed member proportional (MMP) electoral system, along with the experience of other jurisdictions with similar proportional systems. The articles were initially presented at a symposium, in August 2008, organised by the New Zealand Centre for Public Law entitled "MMP and the Constitution: 15 years forward". The Law Foundation provided funding for this conference. |
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Publisher: |
New Zealand Centre for Public Law, Victoria University of Wellington |
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| 2009 | New Zealand Yearbook of International Law, Volume 6, 2008 - Special section titled Colloquium: Responding to Contemporary Challenges and Threats to Antarctic Security: Legal and Policy Perspectives | Rothwell, Donald R and Nasu, Hitoshi., Joyner, Christopher C., French, Duncan., Hemmings, Alan D., Jabour, Jullia., Scott, Karen. | |
| Synopsis: | This publication contains a selection of papers from a colloquium on the Antarctic titled "Responding to Contemporary Challenges and Threats to Antarctic Security: Legal and Policy Perspectives." The colloquium was organised by ANU (Professor Don Rothwell) and University of Canterbury (Karen Scott) and held in July 2009. The Law Foundation provided funding for the 3 keynote speakers. |
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International Law Group, School of Law, University of Canterbury, 2009 |
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| 2009 | In the Footsteps of Ethel Benjamin - New Zealand's first woman lawyer | November, Janet. | |
| Synopsis: | This book is about Ethel's life and her work. It portrays her determination and mental ability and the obstacles she had to overcome to become a lawyer in the late nineteenth century - a time when the legal profession was all-male and conservative. |
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Publisher: |
Victoria University Press |
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| 2009 | Patent Law Reform: Getting it Right to Support and Drive Innovation. The Journal of World Intellectual Property, Special Issue, Vol 12 (5). | Dreyfuss, Rochelle C., Gervais, Daniel J., Palombi, Luigi., Richardson, Megan., Monotti, Ann L., Frankel, S., Rotstein, Fiona and Dent, Chris., Weatherall, Kimberlee., Glazebrook, Susan. | |
| Synopsis: | This publication contains articles developed from papers given at the conference "Patent Law Reform: Getting it Right to Support and Drive Innovation". This was hosted by the New Zealand Centre of International Economic Law, Victoria University of Wellington. The NZ Law Foundation supported the conference and the publication of this book. |
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Publisher: |
Wiley-Blackwell |
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| 2009 | BOOK 4 - Genes, Society and the Future - Volume 3 | Human Genome Research Team, University of Otago | |
| Synopsis: | This is the fourth and final report from the Human Genome Research Project (2005 to 2009) at University of Otago. It investigates a range of issues about using genetic knowledge for the public good. The report looks into the use of PGD (preimplantation genetic diagnosis) for late onset conditions, conditions which only have a chance of occurring, and exclusion testing (excluding embryos at risk of disease). It considers issues about the use of patents to charge for the use of genetic knowledge and genetic studies of whole communities, focussing on Maori. The report examines questions about accessing stored human tissue samples for genetic research and the scientific responsibility for genetic discovery. Finally it looks into issues concerning the use of genetic knowledge for insurance purposes and to personalise medicine. |
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Publisher: |
Human Genome Research Project, University of Otago |
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| 2007 | Counter-Terrorism and Human Rights IN NEW ZEALAND | Conte, Alex | |
| Synopsis: | The prime objective of this work is to provide an examination and
commentary upon the New Zealand's counter-terrorism law, measuring this
against human rights law in New Zealand, as well as relevant international
human rights obligations. The text is aimed at lawyers and practitioners
within and outside New Zealand. Although the text analyses New Zealand
law on the subject, many parts of the book will be of interest to those from
outside the jurisdiction. Considerable weight is placed on international
obligations and directions, with a unique and useful feature of the text (it is
hoped) establishing and explaining a Guide to Legislators, Policy-Makers
and Judges on Human Rights Compliance When Countering Terrorism (set
out in Appendix 1 and considered in chapter 7). This Guide is intended to
assist those within New Zealand, and should be particularly helpful due to
the parallels between parts of the Guide and the framework within New
Zealand human rights law concerning the limitation of rights. It is hoped
that the Guide will also attract the attention of counter-terrorism lawyers
and practitioners throughout the world. |
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Publisher: |
New Zealand Law Foundation |
Format: |
PDF, 457 pages |
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| 2007 | BOOK 2 - Genes, Society and the Future - Volume 1 | Human Genome Research Team, University of Otago | |
| Synopsis: | This second report from the Human Genome Research Project (2005 to 2009) is on work carried out by the research team during 2007. The report examines emerging scientific techniques, and ethical and legal issues in relation to newborn screening. It looks at more controversial uses of preimplantation genetic diagnosis (PGD) that go beyond the issues discussed in the projects first report (2006). |
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Publisher: |
Human Genome Research Project, University of Otago |
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| 2007 | BOOK 3 - Genes, Society and the Future - Volume 2 | Human Genome Research Team, University of Otago | |
| Synopsis: | This is the third report from the Human Genome Research Project (2005 to 2009) at University of Otago. It looks at whether genetic testing of children raises new issues that require a different paradigm in terms of medical decision-making for children. Who should decide whether a child undergoes a genetic test? At what age should minors be recognised as competent to make such decisions? It considers the need to respect the autonomy of minors no matter what their age. It also considers the significance of evidence, or lack of it, regarding the benefits and harms of genetic testing. Rather than legislating against testing it recommends New Zealand-specific professional guidelines on genetic testing for minors, reinforcing the legal capacity of competent minors, whilst also raising awareness of the ethical, legal and social implications of genetic testing among a wider circle of health professionals. |
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Publisher: |
Human Genome Research Project, University of Otago |
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| 2006 | BOOK 1: Choosing Genes for Future Children - Regulating Preimplantation Genetic Diagnosis | Human Genome Research Team, University of Otago | |
| Synopsis: | This first major report from the Human Genome Research Project (2005 to 2009) critiques and communicates a wide range of issues and concerns about preimplantation genetic diagnosis (PGD) from a variety of perspectives. PGD is publicly funded in New Zealand from 2006. PGD poses a range of issues that have ongoing significance for other later emerging applications of genetic technologies arising from the sequencing of the human genome. The idea of the designer baby' is the most publicly proclaimed outcome of new developments in genetic medicine. This report contributed to other reports that followed as a result of ongoing work arising from the Project. |
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Publisher: |
Human Genome Research Project, University of Otago |
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| 1999 | The Honourable Henry Greathead Rex Mason QC CMG 1885 - 1975 - Attorney General 1935-1949 and Minister of Justice 1957-1960 | Round, Derek | |
| Synopsis: | This biographical profile is from a collection of 10 profiles, written and published by Derek Round, on New Zealand lawyers who became prominent in politics or international affairs. | |
Publisher: |
Round, Derek |
Format: |
PDF, 22 pages |
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| 1999 | The Right Honourable Frank O'Flynn QC 1918-2003 - Minister of Defence; Deputy Minister of Foreign Affairs; Minister of State - 1984-1989 | Round, Derek | |
| Synopsis: | This biographical profile is one of 10 profiles, written and published by Derek Round, on New Zealand lawyers who became prominent in politics or international affairs.
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Publisher: |
Round, Derek |
Format: |
PDF, 21 pages |
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| 1999 | Sir Leslie Knox Munro KCMG KCVO 1901-1974 - President of the Auckland District Law Society; Editor of the New Zealand Herald; Ambassador to the United States; Permanent Representative to the United Nations; President of the U.N. General Assembly and Secur | Round, Derek | |
| Synopsis: | This biographical profile is one of 10 profiles, written and published by Derek Round, on New Zealand lawyers who became prominent in politics or international affairs. | |
Publisher: |
Round, Derek |
Format: |
PDF, 22 pages |
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| 1999 | The Honourable Dr Allan Martyn Finlay QC - 1912-1999 - Attorney-General 1972-1975 | Round, Derek | |
| Synopsis: | This biographical profile is one of 10 profiles, written and published by Derek Round, on New Zealand lawyers who became prominent in politics or international affairs. | |
Publisher: |
Round, Derek |
Format: |
PDF, 32 pages |
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