Year  | Project Title | Grant Amount |
| 2000 | Youth and the Law - 3rd Edition | $ 12,500.00 |
| Description | Update and publish 3rd edition of 'Youth and the Law' | | Applicant: | Legal Resources Trust | | Organisation: | Educational Resources Ltd |
|
| 2018 | Young Witnesses in New Zealand's Specialist Sexual Violence Pilot Courts | $ 90,500.00 |
| Description | The recently established pilot sexual violence courts in Auckland and Whangarei aim to reduce the significant negative impact of court involvement on complainants and to promote best evidence.
The proposed research will provide an investigation of the pilot courts in relation to child witnesses, and will consist of two related studies. The first will involve interviews with young complainants involved and their caregivers about their experiences of court. The second study will analyse a sample of court transcripts from trials conducted in the pilot courts and a control group from two other comparable District Courts in order to evaluate differences in trial process that result from implementation of the specialist court guidelines and education programmes.
It is timely that research be conducted to support on going innovation and systemic change in this area, and further enhance the courts’ ability to effectively engage with young witnesses.
| | Applicant: | Professor Frederick Seymour | | Organisation: | School of Psychology, University of Auckland |
|
| 2011 | Wonders of the Sea: The protection of New Zealand's marine mammals | $ 35,300.00 |
| Description | Preparation of a policy paper that will examine the current legislative and policy framework in New Zealand for protecting marine animals and suggesting reforms in this area. | | Applicant: | Environmental Defence Society | | Organisation: | Environmental Defence Society |
|
| 2010 | Women Judges Oral Histories Project | $ 41,000.00 |
| Description | To conduct interviews with women Judges in New Zealand and to record and publish these interviews. | | Applicant: | New Zealand Association of Women Judges | | Organisation: | New Zealand Association of Women Judges |
|
| 2006 | VUW Law Review: Special Issue Commemorating the Life of Lord Cooke | $ 12,756.00 |
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| 2018 | University Intellectual Property Policy and Protection of Mātauranga Māori | $ 9,540.00 |
| Description | This research will evaluate the performance of the State and universities regarding their human rights and constitutional obligations towards Māori, particularly under international law and the Treaty of Waitangi, in relation to their intellectual property (IP) policies. The aim of this research is to evaluate the impact of universities’ IP and commercialisation policies on the rights and interests of Māori in relation to the protection of their mātauranga. Through highlighting existing gaps in law and its enforcement through policy, and recommendations for potential law and policy reform, the research enhances the protection of mātauranga Māori. The findings can inform law and policy making decisions both nationally and in relation to each of eight New Zealand universities.The outputs of the research will contribute to the larger literature on IP, indigenous rights, and traditional knowledge and, therefore, be of interest to other academics and researchers. | | Applicant: | Dr Lida Ayoubi | | Organisation: | School of Law, AUT University |
|
| 2015 | Undue delays in civil case progression in the NZ High Court - Wheels of Justice: Understanding the Pace of Civil High Court Cases | $ 130,000.00 |
| Description | This study will be the first large scale empirical project of its kind in New Zealand to examine patterns of timeliness across all civil High Court cases, determining common point(s) of undue delay, investigating reasons for delay and presenting possible solutions to enhance timeliness in civil case progression in the NZ High Court. | | Applicant: | Dr Bridgette Toy-Cronin | | Organisation: | Legal Issues Centre, Faculty of Law, University of Otago |
|
| 2014 | Understanding the Problem: An inductive analysis of courts: decisions on ACC appeals since 2009 to allow improvement of access to justice | $ 37,000.00 |
| Description | Reform of Access to Justice for injured New Zealanders challenging ACC decisions is necessary. Acclaim Otago's shadow report, the United Nations' Recommendations (not yet issued), and the Government's own plans to reform the District Court's ACC division and the Appeal Authority mean reform will take place. So far, this reform has revealed a severe lack of data in relation to the barriers to accessing justice faced by ACC claimants. This project aims to fill that gap and contribute to jurisprudential knowledge that has not yet been examined. Acclaim Otago had a substantial impact in relation to the amount of funding provided by NZLF for the UN project, and is confident it can do so again. The data will be accessible and widely disseminated. Importantly, this project should not be seen as politically oriented. This will provide very useful data to all people interacting with ACC dispute resolution, including the relevant Ministries of the Crown and ACC itself, and will contribute to more sustainable and lasting reform providing greater access to justice. | | Applicant: | Warren Forster | | Organisation: | Acclaim Otago (Inc) |
|
| 2011 | Treaty of Waitangi Settlements | $ 12,700.00 |
| Description | Publication of a book on the history and present state of law surrounding Treaty Settlements, to be published with Bridget Williams Books | | Applicant: | Nicola Wheen | | Organisation: | Faculty of Law, University of Otago |
|
| 2017 | Training of Court appointed Communication Assistants (CAs): Analysis of a successful model of practice and writing of a Communication Assistant Handbook | $ 9,790.00 |
| Description | Funding to assist a Court-appointed Communication Assistant to travel to Triangle services in Brighton UK, to attend a package of training courses, participating first hand in all three specialised professional development training courses designed specifically for an Intermediary (Communication Assistant) to successfully be accredited to fulfill their role.
The Applicant will to engage with Triangle services in an evaluation exercise of what part of their training packages could be adapted / re-written for a direct transfer to the New Zealand context. Also to gather information on what other training packages are also offered in the UK and Australia, including accreditation processes, presenting this comparative data.
The Applicant and Triangle services, in consultation with New Zealand professionals, will re-write sections of the Triangle “Intermediary Handbook” as a draft to present to the Ministry of Justice as “Court appointed Communication Assistant Handbook” for future publication.
| | Applicant: | Michelle Bonetti | | Organisation: | Individual Application |
|
| 1996 | Training Needs of Youth Advocates | $ 76,400.00 |
| Description | To collect information that will enable the development of a training programme for Youth Advocates and to provide information about the key aspects of the role to be played by Youth Advocates | | Applicant: | Institute of Criminology | | Organisation: | Institute of Criminology, Victoria University of Wellington |
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| 2000 | Training Manual - Restorative Conferencing Skills | $ 15,000.00 |
| Description | Funding for a 'best practice' conferencing skills manual to become a permanent resource. The initial development material will be derived from skills based training seminars for Conferencing run by the Youth Court in October 2000. | | Applicant: | Youth Court of New Zealand | | Organisation: | Department for Courts |
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| 2009 | The Use of Urgency in the New Zealand House of Representatives | $ 40,000.00 |
| Description | The aim is to employ a research fellow on the above topic under the guidance of the applicants. They will study the use of urgency historically (1984-2009) and analyse its constitutional and democratic significance. | | Applicant: | Claudia Geiringer and Elizabeth McLeay | | Organisation: | Faculty of Law, Victoria University of Wellington |
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| 2002 | The Use of Survey Evidence in Intellectual Property Litigation | $ 39,950.00 |
| Description | To address the problems affecting the credence given to survey research adduced in fair trading , passing off and trademark cases, it is proposed to critically evaluate the survey evidence presented in such cases over the last 15 years and analyse the key flaws affecting its probative value. This analysis will incorporate generalisations from survey research and will result in a set of principles that members of the legal profession may employ to increase the likelihood that survey evidence they commission will influence the case outcome. The principles derived from this analysis will be tested in a series of in depth interviews with intellectual property specialists, whose views and experience will be used to refine the principles that emerge through the examination of case history in this field. Key outputs include a report outlining principles to guide the commissioning or evaluation of survey research evidence and a series of seminars in which these principles will be outlined and discussed. | | Applicant: | Dr Janet Hoek and Professor Philip Gendall | | Organisation: | Massey University |
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| 2003 | The Use of Parliamentary History by the New Zealand Court of Appeal | $ 20,400.00 |
| Description | The project aims to identify and analyse NZ Court of Appeal decisions since 1986 which have considered the parliamentary history of an enactment when resolving an issue of statutory interpretation of that enactment. | | Applicant: | Catherine Iorns Magallanes | | Organisation: | Faculty of Law, Victoria University of Wellington |
|
| 2020 | The Status of Foreign Nationals in the Chinese Criminal Justice System | $ 2,000.00 |
| Description | This project will be one of the very first to systematically examine the status on foreigners under Chinese criminal law. The research result will be of value and interest to the New Zealand government and judiciary, and the New Zealanders who travel to China.
As New Zealand's biggest trading partner, China is attracting a growing number of New Zealanders to work, study or visit there in recent years.
In the past 20 years, multiple NZ citizens and residents have been charged with criminal offences in China and arrested or wanted for extradition by Chinese authorities. The Kyung Yup Kim case pending hearing at the Supreme Court is a recent example.
With the ongoing dispute between some members of the Five Eyes and China over the Chinese tech company Huawei, a noted New Zealand security consultant has warned that New Zealand should be alerted by the arrest of multiple Australian and Canadian citizens in China and feared that New Zealand could be 'next in the firing line'.
| | Applicant: | Dr Lili Song | | Organisation: | Faculty of Law, University of Otago |
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| 2010 | The Role of District Inspectors | $ 58,000.00 |
| Description | The project will focus on the role of district inspectors under the Mental Health (Compulsory Assessment and Treatment) Act 1992. It will explore how the role functions in practice and place it within the historical and international context, with a view of supporting the role going into the future. | | Applicant: | Katey Thom, Kate Diesfeld, Kate Prebble, Warren Brookbanks and Brian McKenna | | Organisation: | Centre for Mental Health Research, School of Nursing, Faculty of Medical & Health Sciences |
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| 2016 | The Principles of the Treaty of Waitangi in the Courts | $ 43,250.00 |
| Description | Funding for research and production of a loose-leaf and electronic service that analyses how judges have interpreted and applied the principles of the Treaty of Waitangi in New Zealand case law. Currently, there is no systematic treatment of Treaty principles case law aimed at practitioners. We aim to produce a text that will be the leading reference work on what Treaty principles mean in operation in New Zealand law. The text will fill a clear gap in the literature and will be widely accessible to practitioners and scholars.
| | Applicant: | Dr Damen Ward | | Organisation: | Individual Application |
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| 2006 | The New Zealand Law Students' Journal | $ 4,500.00 |
| Description | Publish the inaugural edition of the New Zealand Law Student's Journal. Applying for funding of this edition will enable distribution of a free copy to potential subscribers of future editions. | | Applicant: | Tim Wilson | | Organisation: | Faculty of Law, University of Otago |
|
| 2007 | The National and International Legal Obligations and Consequences for New Zealand Arising from its Peace Support Operations | $ 36,000.00 |
| Description | An analysis of the domestic and international legal implications for New Zealand, currently and into the future, arising from the mobilsation of its peace support operations. | | Applicant: | Dr Claire Breen | | Organisation: | Te Piringa - Faculty of Law, University of Waikato |
|
| 2003 | The Modern Criminal Prosecution Process in New Zealand | $ 79,200.00 |
| Description | Research for, and writing of, a book that will comprehensively cover the modern criminal prosecution process in New Zealand, from initial charge to sentencing, including consideration of recent reforms, experiments with alternatives to the conventional process, and ideas for future developments and reforms. | | Applicant: | Philip C Stenning, Institute of Criminology | | Organisation: | School of Social and Cultural Studies, Victoria University |
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| 2012 | The Maori Law Resource Hub Project: Stage 1 (scoping exercise) | $ 7,000.00 |
| Description | This application is part one of a two-part application. In particular, this application seeks exploratory funding to determine the precise scope and cost of the establishment of an online Mâori Law Resource Hub. This is to be an online, interactive website that provides free access to the outputs of the Legal Mâori Project, Te Mâtâpunenga, a customary Mâori lexicon, as well as to important research tools, such as a web-based corpus browser that will enable the public to carry out their word searches of thousands of pages of digitised Mâori language texts. If this first application is successful, further funding will be sought, once the full scope of the project is determined, for the design and implementation of the Mâori Law Resource Hub, with a view to making all resources publicly available and functional on the Hub by the end of 2013.
| | Applicant: | Mamari Stephens | | Organisation: | Faculty of Law, Victoria University of Wellington |
|
| 2018 | The Legal Structure of Social Enterprise organisations | $ 47,100.00 |
| Description | Social enterprises believe the company structure is inappropriate for social enterprises (SE), whilst MBIE has advised they do not believe this is the case, but MBIE has asked Ākina for "examples of social enterprises that have been unduly affected by the perceived challenges associated with their legal structure”. SE is one of the fastest growing business structures in the world, and no qualitative research has been conducted in NZ on this issue. The impact of this proposed research has the potential to shape future legal structures for NZ SEs. The research findings will be publicly available.
| | Applicant: | Mr Jackson Rowland | | Organisation: | Akina Foundation |
|
| 2016 | The Grand Jury of New Zealand | $ 15,403.00 |
| Description | The grand jury of New Zealand is a lost, and indeed forgotten part of the legal history of New Zealand. The grand jury, in accordance with English tradition, decided on whether an accused person should be placed on trial before the ordinary jury of twelve. This application will enable the data to be collected that are needed for a history and an assessment of the grand jury's place in New Zealand criminal law from 1840 to 1961. | | Applicant: | Professor Gregory Taylor | | Organisation: | Individual Application |
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| 2014 | The Future of Selective Reproduction and Preimplantation Genetic Testing: an Analysis of the Ethical, Legal and Social Issues - | $ 80,380.00 |
| Description | This research project aims to provide an in-depth review of the ethical, legal and social implications of a radically different form of reproductive genomic technology that is currently on the horizon: embryonic whole genome analysis (WGA). This prospective technology, which involves screening the entire genome of embryos (created by in vitro fertilization) for genetic anomalies is fundamentally different from current genetic testing paradigms. If incorporated into clinical practice, it will pose significant ethical and legal challenges for providers, patients, and regulators. Consequently this research project will examine the ethical and legal implications of this emerging technology for society as a whole. In doing so, it will provide current legal and ethical analysis that will be highly relevant for policy makers and health professionals in this complex and sensitive area.
| | Applicant: | Dr Jeanne Snelling | | Organisation: | Bioethics Research Centre, University of Otago |
|
| 2016 | The Conflict of Laws in New Zealand | $ 79,500.00 |
| Description | To research and produce a comprehensive and critical account of the New Zealand conflict of laws that will be a valuable resource for law students, practitioners, lawmakers (and judges in particular), academics and the general public. The project has two components: publication of an authoritative standalone text on the New Zealand conflict of laws; and adaptation of an existing database of key resources (the Conflictz database, originally sponsored by a grant from the Law Foundation) into a more substantial online platform, which will post news and discussion pieces that are of relevance to the conflict of laws in New Zealand and form a hub for the analysis and development of the field. | | Applicant: | Dr Maria Hook | | Organisation: | Faculty of Law, University of Otago |
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| 1997 | The Commerce Act: Law Meets Economics, 13 Years On | $ 100,000.00 |
| Description | Study of the operation of the Commerce Act 1986 and preparation of a book and a conference: a law and economic analysis | | Applicant: | NZ Institute for the Study of Competition and Regulation Inc. | | Organisation: | Victoria University of Wellington Foundation |
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| 2018 | The case for early intervention: Child offending and Family Court practices A PROJECT CO-FUNDED WITH THE BORRIN FOUNDATION | $ 126,302.00 |
| Description | This research aims to identify risk and protective factors for children who offend (CWO) in order to improve early identification and intervention efforts and protect such children from potentially lifelong criminality. Despite youth-justice reforms since the 1980s, child-offender law has been often overlooked, and there has been no targeted intervention for CWO in NZ. This limits the Family Court's ability to use evidence-based resources to improve outcomes, including psychological and other assessments, and to ensure recommendations are implemented. By analysing the offending behaviour and background variables of a large cohort of children, and deepening this analysis with real-world case histories, experiences and recommendations, this research will elucidate CWO characteristics and allow more targeted assessment and effective early intervention in Family Court practices. Justice Sector Science Advisor Dr Ian Lambie and Children's Commissioner Judge Andrew Becroft lead the project.
The Borrin Foundation is funding half of this project. | | Applicant: | Dr Ian Lambie | | Organisation: | School of Psychology, University of Auckland |
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| 2016 | The Brain Does Not Lie: Use of Forensic Brainwave Analysis and Neuroscience in Criminal and Civil Investigations | $ 27,734.00 |
| Description | This is a pilot project, to investigate the potential for a larger scale project. The aim of the overall project is to investigate the potential use of Forensic Brain Scan Analysis and neuroscience as a tool for use in criminal investigations and in trials in general. This will involve the investigation and verification of the novel technique of brain scanning (working with its developer, Lawrence Farwell), and an investigation into the relevant legal and ethical issues. | | Applicant: | Professor Robin Palmer | | Organisation: | School of Law, University of Canterbury |
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| 2019 | Testing sensational law: a case study of the gang legislation of 1997 | $ 48,000.00 |
| Description | This study will investigate gang legislation in New Zealand - both the process by which it is created and in its outcomes - with the ultimate goal of using international comparisons to critique our laws and identify the best laws used to target gangs.
The primary focus of this research will be a group of legal measures called the Harassment and Criminal Associations Bill introduced in 1997, which were the broadest legislative thrust used against gangs in New Zealand's history. I want to find out how those laws have been used in the 22 years since their creation, on whom they have been used, and whether they've been as effective and necessary as it was claimed they would be.
The study will be framed around a number of research questions including: how often are the 1997 gang laws used? Have they been used again non-gang members? Were the commentaries around the laws reflected in what occurred? And what do the most effective gang laws look like?
| | Applicant: | Dr Jarrod Gilbert | | Organisation: | School of Law, University of Canterbury |
|
| 2019 | Telecommunications law and regulation in New Zealand | $ 25,000.00 |
| Description | The proposal is to prepare, and arrange publication of, a handbook describing the telecommunications regulatory environment in New Zealand, as governed principally by:
* the Telecommunications Act 2001,
* the Telecommunications (Interception Capability and Security) Act 2013, and
* the Radiocommunications Act 1989. | | Applicant: | Mr Robert Clarke | | Organisation: | Individual Application |
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| 2012 | Te Akinga - The Maori Dimension in Aotearoa New Zealand Law | $ 42,162.00 |
| Description | Publication of a major text covering areas of Maori Issues such as Maori land, Treaty of Waitangi, aboriginal rights, environmental law, cultural and languages rights, family law and so on. The purpose is to articulate the underlying concepts, principles and norms common to all of these different categories of positive law - in short to synthesise Maori issues law in one place. This will be a revolutionary and ambitious new law book to fill a significant gap in NZ's literature on Maori legal topics. | | Applicant: | Professor Jacinta Ruru & Justice Joe Williams | | Organisation: | Faculty of Law, University of Otago |
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| 2015 | Superdiversity Law and Policy Stocktake - Case Study on Electoral Law & Policy | $ 50,000.00 |
| Description | Superdiversity is a reasonably new social science term, referring to an area with a very high proportion of immigrants and people of different ethnicities. New Zealand is among the world’s most “superdiverse” societies and that poses both challenges and opportunities for our public policy makers.
The Superdiversity Centre, is undertaking the first Superdiversity Law and Policy Stocktake for New Zealand. This project will add a legal dimension to that work and will examine how to improve voting rates among ethnic minorities, identify the barriers to non-English speaking residents and the protections needed to ensure they can participate fully in our democracy. The study will do comparative research with comparable superdiverse cities and societies, to identify potential improvements. | | Applicant: | Mai Chen | | Organisation: | Superdiversity Institute for Law Policy and Business |
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| 1994 | Study: Exploration of Occupational Stress and its Consequences Amongst Lawyers | $ 7,956.60 |
| Description | Study aims to explore the causes of stress, the experience of stress and the negative consequences of stress as it impacts on members of the legal profession. Funding is sought for the miscellaneous expenses associated with the study. | | Applicant: | Department of Human Resource Management | | Organisation: | Massey University |
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| 2016 | Strengthening Regulatory Outcomes: practice, innovation and enhancement of environmental enforcement in New Zealand [Publication: 'Last Line of Defence'] | $ 62,500.00 |
| Description | The project objective is to investigate effectiveness of monitoring, compliance and enforcement institutions, structures and processes in New Zealand as they pertain to the environment, with a particular focus on ecological impacts; highlighting successes and areas for innovation and reform. | | Applicant: | Dr Marie Brown | | Organisation: | Environmental Defence Society |
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| 1998 | Statutory Interpretation in the NZ Court of Appeal | $ 7,378.00 |
| Description | To collect and categorise the interpretive resources used by the Court of Appeal at 3 different times, namely 1976, 1986 and 1996, recording the use made of the following interpretive resources: statutory language itself, legislative history, precedent, other statutes, dictionary, international treaties (adopted in NZ) and international norms, literal approach, purposive approach, secondary sources (scholarly articles and treaties), direct appeals to consequences of statutes, NZ Bill of Rights 1990, Treaty of Waitangi, and any other that are identified. | | Applicant: | Dr James Allan | | Organisation: | Faculty of Law, University of Otago |
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| 2002 | Statutory Demands | $ 21,600.00 |
| Description | Synthesis and analysis of the law and procedures relating to statutory demands to produce a clear and comprehensive statement of the law for use by practitioners and others. | | Applicant: | Andrew Beck | | Organisation: | Individual Application |
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| 1997 | Special Edition of Victoria University's Law Review: Ethics and the Law | $ 6,000.00 |
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| 2015 | Solving the Problems: an analysis of options for mitigating access to justice barriers for ACC claimants | $ 150,000.00 |
| Description | Following on from previous work which identified the problems with access to justice facing injured people, this project will undertake research to solve these problems. It will capture the further data required in order to provide solutions to the more complex barriers to accessing justice that were identified in the previous research. Using the same accomplished team of researchers, the research team will undertake a mixed method analysis of possible solutions. This study will be undertaken between September 2015 and July 2016. | | Applicant: | Dr Warren Forster & Dr Bridgette Toy-Cronin | | Organisation: | Legal Issues Centre, Faculty of Law, University of Otago |
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| 2012 | Social Welfare Law in New Zealand | $ 15,787.00 |
| Description | Social welfare law in New Zealand provides a fascinating barometer of social and cultural attitudes over time, as well as providing a wealth of material to observe the often-difficult interface between law, policy, and bureaucracy. Subject to the winds of political ideology, more than some other areas of law, changes of government can bring about what may be appear to be fundamental shifts in the coverage and nature of social welfare law. The law itself touches the lives of hundreds of thousands of New Zealanders; not only those in receipt of entitlements, but social welfare law also directly affects employment law, and family law, among others. Despite its coverage and broad effects, social welfare law is complex, unwieldy, and incoherent. It is time for a book that can make accessible both selected aspects of the content of social welfare law, the legislative and policy framework in which it operates, as well as its critically important socio-political context.
This book is not intended to be an exhaustive account of all social welfare law in New Zealand; the landscape changes so often, that such an approach would doom that kind of publication to obsolescence. Nevertheless, neither is this book designed to be a mere social commentary on welfare law. It is a book that will assist practitioners to apply the law with a better understanding of it, as well as helping those practitioners, and students of law and other disciplines, to understand New Zealand social welfare law in the rich context of New Zealand legal and social history.
This book will be a required text for welfare law courses at Victoria University of Wellington, and is likely to be a useful resource for community law centres, private practitioners, and beneficiary advocate networks.
| | Applicant: | Mamari Stephens | | Organisation: | Faculty of Law, Victoria University of Wellington |
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| 2014 | Shirley Smith Biography Research Project | $ 21,600.00 |
| Description | The project is a biography of Shirley Smith. This application is for funding specifically to complete research about her work as a barrister and solicitor as a sole practitioner between 1961 and 1989. | | Applicant: | Sarah Gaitanos | | Organisation: | Individual Application |
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| 2010 | Shadow Report to United Nations Human Rights Committee | $ 5,000.00 |
| Description | Preparation and presentation of a Shadow Report to United Nations Human Rights Committee in respect of the NZ government's 5th periodic report under the International Covenant on Civil and Political Rights. | | Applicant: | Tony Ellis | | Organisation: | Individual Application |
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| 2012 | Securing our Future: The Protection of New Zealand's Threatened Wildlife [Publication: "Vanishing Nature - facing NZ's biodiversity crisis"] | $ 37,000.00 |
| Description | This policy report will examine the current legislative and policy framework in New Zealand for protecting native biodiversity, on land, in lakes and rivers and in the sea. It will evaluate its weaknesses, including in comparison with overseas jurisdictions, and identify practical options for strengthening it. The policy report will be designed to inform government and other stakeholders on potential reforms in this important area. | | Applicant: | Environmental Defence Society | | Organisation: | Environmental Defence Society |
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| 2016 | Role of the Intervener in Cases with a Human Rights Dimension | $ 42,000.00 |
| Description | The Centre proposes undertaking research
• to establish the nature, extent and impact of the role of the intervener in cases with a human rights dimension before the Courts
• to identify where there are gaps and possible changes that could improve the delivery of public interest litigation and promote wider understanding of human rights and the rule of law
• to develop guidelines on the role of the intervener and how it can assist the courts.
| | Applicant: | Rosslyn Noonan | | Organisation: | New Zealand Centre for Human Rights Law, Policy and Practice |
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| 2011 | Rights and Responsibilities on New Zealand's Outer Continental Shelf | $ 48,965.00 |
| Description | New Zealand has rights to 1.7 million square km of continental shelf beyond 200 nautical miles. This project identifies the legal issues raised by the unique international law regime, explores what interests the coastal states (including NZ) have in that area, and proposes a framework for implementing effective regulation that is consistent with international law. | | Applicant: | Ms Joanna Mossop | | Organisation: | Faculty of Law, Victoria University of Wellington |
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| 2018 | Righting Environmental Law: The role of Public Law in Environmental Law | $ 19,950.00 |
| Description | This project will interrogate how rights based approaches to Environmental Law (grounded on Public Law principles) are currently developing trans-nationally and comparatively, and how they appear to be impacting on the implementation and practice - with a particular reference to New Zealand. It will investigate access to environmental information, public participation rights, standing, access to justice, in terms of environmental adjudication & rights to a clean environment. Specific themes will include whether importing public law principles, statutory or constitutional approaches could best influence practice and reform. | | Applicant: | Dr Trevor Daya-Winterbottom | | Organisation: | Te Piringa - Faculty of Law, University of Waikato |
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| 2015 | Revised Legal Frameworks for Ownership and Use of Multi-Dwelling Units | $ 7,000.00 |
| Description | The prime objective of the research is to consider both the possible modifications of existing legal models and the potential adoption of models used in other countries, with any necessary modifications, which would allow for more efficient, cost-effective and user-friendly use of urban land for multiple dwellings, or possibly mixed commercial/residential uses on a single land title. New Zealand currently has a number of different models for such ownership ( for example cross leases, unit titles, flat or office-owning companies, retirement villages and papakaianga housing. Experience with the Canterbury earthquakes has shown that there are significant legal issues which make repair or replacement of damaged dwelling units a difficult, complex and expensive process. Problems have also arisen with ensuring proper insurance cover is arranged and maintained. Similar issues arise with respect to the leaky home syndrome and in isolated cases from fires and other forms of damage to buildings. These difficulties create barriers to the adoption of mixed use housing. From both a wide-ranging literature review and extensive empirical research and subsequent analysis of the data the researchers will document a range of identified issues which may be particularly relevant to New Zealand, including possible avenues for changes in law and practice.
The primary funder of this research is BRANZ with co-funding from the Law Foundation. | | Applicant: | Professor Elizabeth Toomey & Professor Jeremy Finn; Assoc Prof Jacinta Ruru and Dr Ben France-Hudson | | Organisation: | School of Law, University of Canterbury |
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| 2015 | Rethinking Surrogacy - Phase Two and Phase Three | $ 178,354.00 |
| Description | This is the second application for funding in relation to this project.
Over a three year period we plan to examine the legal, ethical, cultural and societal implications of surrogacy arrangements in New Zealand, including both domestic and international agreements. The project will involve critical and comparative legal analysis as well as qualitative interviews with industry stakeholders, policy makers and interest groups in New Zealand and in key overseas jurisdictions | | Applicant: | Debra Wilson | | Organisation: | School of Law, University of Canterbury |
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| 2014 | Rethinking Surrogacy - Phase 1 - Scoping | $ 18,000.00 |
| Description | Over a three year period we propose to examine the legal, ethical, cultural and societal implications of New Zealand surrogacy arrangements, both commercial and altruistic. The project will involve critical and comparative legal analysis as well as qualitative interviews with stakeholders, policy makers and interest groups in New Zealand and in key overseas jurisdictions.
The project is designed as a four-stage project. This current application is for funding for Stage One only, and it is anticipated that a further application will be submitted for the remaining stages. | | Applicant: | Dr Debra Wilson | | Organisation: | School of Law, University of Canterbury |
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| 1999 | Restorative Justice Practice Manual | $ 12,000.00 |
| Description | Fund research for and editing of a restorative justice practice manual to be used as a guide for community groups around NZ which facilitate restorative justice conferences. | | Applicant: | Restorative Justice Trust | | Organisation: | Restorative Justice Trust |
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| 1996 | Responsibilities and Duties of Elected Officers of Incorporated Societies and Charitable Trusts | $ 20,000.00 |
| Description | To clarify the duties, responsibilities and potential liabilities of elected officers of incorporated societies and charitable trusts
To identify personal and organisational risks for paid staff and volunteers | | Applicant: | New Zealand Federation of Voluntary Welfare Organisations | | Organisation: | New Zealand Federation of Voluntary Welfare Organisations Inc |
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| 1997 | Research: Representing Children in the Family Court - The Role of the Counsel for the Child | $ 34,250.00 |
| Description | The project has arisen in response to legislative and procedural change in the Family Court. The research sill inform a substantive policy review which will result in the development of practice guidelines for counsel for the child practitioners and protocols between the Court and the Children and Young Persons Service. | | Applicant: | Judge Patrick Mahony, Principal Family Court Judge | | Organisation: | Individual Application |
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| 1995 | Research: Preliminary Study of Televised Trial Coverage and its Effects | $ 1,657.65 |
| Description | A preliminary study of the nature of televised trial coverage presented on Television New Zealand and TV3 and its effect on the trials as perceived by the attorneys involved. | | Applicant: | Selene Mize | | Organisation: | Faculty of Law, University of Otago |
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| 1997 | Research: Jury Decision Making | $ 80,000.00 |
| Description | Research to provide empirical information on jury decision making for the Law Commission's jury project. | | Applicant: | Professor Warren Young | | Organisation: | Victoria Link Ltd |
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| 1995 | Research: Gender Equity In the Judicial System | $ 60,362.50 |
| Description | "The project as a whole is to investigate gender equity issues in the Court system, identify remedial action and set in place a programme of educationfor Judges on gender equity. The first element of the project, for which funding is now being sought, involves research into the existence and nature of gender bias in the NZ judiciary, Judges' perceptions of the judging role and of gender equity, perceptions of gender equity in the courts by consumers/clients, and consultations with the legal profession on this issue.
The second element for which funding will be sought in 1996, involves the drafting of the education programme, the organisation of training seminars for Judges and follow up evaluation." | | Applicant: | Judicial Working Group on Gender Equity | | Organisation: | Department for Courts |
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| 1995 | Research: Child Interviewing and Testimony | $ 49,000.00 |
| Description | "Research into the veracity of young children's disclosures in relation to s.23(g) of the Evidence Amendment Act.
Aims to improve the method of interviewing young children and to provide a method of examining interview procedures when presented as evidence in court." | | Applicant: | Dr Jane Rawls | | Organisation: | Individual Application |
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| 1995 | Report: Protecting Our Future - The Case for Greater Regulation of Assisted Reproductive Technology | $ 22,766.00 |
| Description | A discussion document, aimed at a general audience, exploring the issues raised by the lack of regulatory and legislative control of assisted reproductive technology in New Zealand. The document would propose legislative reforms, as well as reviewing deficiencies in the current legal situation and explore issues of competing rights. | | Applicant: | Women's Health Action Trust | | Organisation: | Women's Health Action Trust |
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| 2010 | Report on the Rule of Law in New Zealand | $ 5,000.00 |
| Description | This project will review the current state of the rule of law in New Zealand, referring in particular to any weaknesses or areas of concern. | | Applicant: | Professor Andrew Geddis | | Organisation: | Faculty of Law, University of Otago |
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| 2006 | Relocation after Parental Separation: The Welfare and Best Interests of Children | $ 315,776.00 |
| Description | This 3yr Trans-Tasman project concerns the welfare and best interests of children when their parents are in dispute about whether the primary caregiver parent should be allowed to relocate a significant distance away from the non-resident parent following parental separation or divorce. The study, undertaken in collaboration with a group of socio-legal researchers from the University of Sydney, will be international in scope and involve the courts and legal profession in New Zealand, Australia and the UK. | | Applicant: | Children's Issues Centre and Faculty of Law, University of Otago | | Organisation: | Children's Issues Centre, University of Otago |
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| 2010 | Reforming the Legislative Framework for Oceans Governance in New Zealand | $ 50,000.00 |
| Description | (a)To contribute to national discussions on ocean governance and reform
(b)To improve New Zealand's ability to meet current and future obligations in connection with marine environmental protection
(c)To contribute to ensuring that New Zealand maintains its leadership role in this area. | | Applicant: | Karen Scott | | Organisation: | School of Law, University of Canterbury |
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| 2019 | Reforming Oceans Management: How to achieve better environmental, social and economic outcomes in our marine environment - A PROJECT CO-FUNDED BY THE BORRIN FOUNDATION | $ 240,000.00 |
| Description | A project examining required legislative and administrative reforms required to better manage New Zealand's oceans. | | Applicant: | Mr Gary Taylor | | Organisation: | Environmental Defence Society |
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| 2010 | Reform: a Memoir - Sir Geoffrey Palmer | $ 22,500.00 |
| Description | Funding to assist with research for the writing of a book of memoirs with a heavily legal character. | | Applicant: | Sir Geoffrey Palmer | | Organisation: | Individual Application |
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| 2008 | Recovering New Zealand's Lost Cases - Stage Two | $ 140,000.00 |
| Description | The project seeks to recover, transcribe and make publicly available Supreme Court and Court of Appeal decisions 1841-1883 & decisions of the Native Land Court 1862-1883. This project is stage two of the Recovering Lost Cases Project. | | Applicant: | Dr Shaunnagh Dorsett | | Organisation: | Faculty of Law, Victoria University of Wellington |
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| 2007 | Recovering New Zealand's Lost Cases | $ 95,780.00 |
| Description | This project is intended to locate, collect and disseminate New Zealand's early case law. The project aims to identify New Zealand's lost legal heritage with a view to providing a publicly accessible resource for the benefit of both New Zealand's Legal Profession and the wider international community. | | Applicant: | Dr Shaunnagh Dorsett | | Organisation: | Faculty of Law, Victoria University of Wellington |
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| 2006 | Publication:'The Problem of Prisons' - Corrections Reform in New Zealand Since 1840 | $ 6,000.00 |
| Description | This application is to support publication of a book on Corrections in New Zealand - historical and contemporary. The book will not be financially viable wihout funding. | | Applicant: | Greg Newbold | | Organisation: | Individual Application |
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| 2015 | Publication: The New Zealand Project | $ 5,000.00 |
| Description | Funding for a book to be published with Bridget Williams Books, with the working title 'The New Zealand Project'. The book concerns the future of New Zealand politics, policy, and law - and sets out practical ideas from a principled perspective. The grant is sought to fund the writing of the legal components of the book; the book will discuss, amongst other things, criminal justice and punishment in New Zealand, environmental policy, and foreign policy and international law. | | Applicant: | Max Harris | | Organisation: | Individual Application |
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| 2014 | Publication: The FIRE Economy | $ 7,000.00 |
| Description | Funding to publish a book 'The FIRE Economy' which provides the first comprehensive critical account of the neoliberal project three decades on, as it comes under growing pressure in New Zealand and internationally, especially following the global financial crisis. The research for the book was funded by a Marsden Grant which does not assist with publication costs. | | Applicant: | Professor Jane Kelsey | | Organisation: | Faculty of Law, University of Auckland |
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| 2019 | Publication: Principles of New Zealand Administrative Law | $ 10,132.00 |
| Description | A short book entitled Principles of New Zealand Administrative Law, to be published by Hart (a leading English publisher). The book will offer a brief but scholarly account of the general principles, the structure of the law in this area, and current trends and debates. The audiences for this book include law students; judges, officials and practitioners looking for a better understanding of this area of law rather than for authorities to support particular arguments; policy makers engaged in designing and evaluating administrative regimes including their remedial schemes; and overseas academics particularly in the other common law jurisdictions.
This book will fill a significant gap in the existing literature on New Zealand Administrative Law, and as such will help promote better practice in this area. Existing books are either generalist public law works, or detailed and lengthy works by and for practitioners, neither of which serve well the audiences listed above. | | Applicant: | Ms Hanna Wilberg | | Organisation: | Faculty of Law, University of Auckland |
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| 2015 | Publication: People, Power and Law: A New Zealand History | $ 39,000.00 |
| Description | As a member of the international community, and in an effort to protect its people, New
Zealand has subsequently adopted a number of responses to combat the national, regional and international risks that Islamic State represents. These can broadly be divided into
two main categories, namely: Combating Islamic State 'At Home': Balancing the Risks of
Terrorism and the Threat to Civil Liberties in New Zealand; and Combating Islamic State
Abroad: New Zealand and the International Coalition. This project examines the law, policy and context around each of these areas and New Zealand's engagement, risks, successes, shortcomings and options, in each part.
Originally, the project focussed on issues of terrorism and ISIS as a case-study, but once started the authors realised that the themes in it (such as terrorism, international relations, security agencies, violent ideology, censorship, minority communities) cut deep into our history, pre and post the emergence of ISIS. Accordingly, they tracked the same themes pre 2014, and then post 2018. The scholarship now has a much greater value for New Zealand, beyond that one intended early ISIS example. To be published by Hart Bloomsbury in February 2022 this book offers a unique insight into the key legal and social issues at play in New Zealand today. Tackling the most pressing issues, it tracks the evolution of these societal problems from 1840 to the present day.
Issues explored include: racism; the position of women; the position of Maori and free speech and censorship. Through these issues, the authors track New Zealand's evolution to one of the most famously liberal and tolerant societies in the world. | | Applicant: | Professor Alexander Gillespie & Associate Professor Claire Breen | | Organisation: | Te Piringa - Faculty of Law, University of Waikato |
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| 2015 | Publication: Pathways to No Net Loss: Safeguarding biodiversity in development | $ 50,000.00 |
| Description | Objective: To investigate how to safeguard biodiversity in a development context, including the investigation of new legal policy tools and methods to manage adverse effects. New Zealand is a biodiversity hotspot, hosting a unique flora and fauna. A rapid process of environmental change from human occupation drove a significant proportion of that biodiversity to become threatened or extinct. Continuing economic development and the impact of invasive species is compounding that loss. Biodiversity is affected by development, particularly in the fragile lowlands and aquatic environments. The outcomes of this project would provide clarity on how to manage the interface of biodiversity and development through improved and new legal instruments in order to address the recommendations in Vanishing Nature (previously co-funded by the New Zealand Law Foundation). The project will review the range of legal tools and other methods available to address biodiversity harm in development. The report will produce grounded real-world recommendations that will relate to improved application of existing tools and the potential investigation of others for introduction. The relative risks and benefits of new options will be outlined and suggestions developed for how these might be managed. | | Applicant: | Ms Fiona Driver | | Organisation: | Environmental Defence Society |
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| 2008 | Publication: In the Footsteps of Ethel Benjamin | $ 10,424.00 |
| Description | Funding is requested to assist with the pubilcation of a book entitled "In the Footsteps of Ethel Benjamin" about New Zealand's first woman lawyer. The manuscript is complete, in draft, for submission to publishers but needs final revision, checking and editing. This book will fill a significant gap in New Zealand's legal history. | | Applicant: | Janet Mary November | | Organisation: | Individual Application |
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| 2015 | Publication: Human rights in New Zealand: Emerging Faultlines | $ 8,000.00 |
| Description | The proposal to is rewrite and edit "Fault lines: Human Rights in New Zealand", currently a report, into an accessible book for wider audiences, and to research and write up an additional international human rights treaty, the Convention Against Torture, for inclusion. The book will be written by the original three researchers. | | Applicant: | Professor Judy McGregor | | Organisation: | School of Social Sciences and Public Policy, AUT University |
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| 2018 | Publication: Crown MÄori Relationships - He Kupu Taurangi: Treaty Settlements and the Future of Aotearoa New Zealand | $ 23,000.00 |
| Description | This is a project to support the research and publication of the work of Hon Christopher Finlayson in the area of Treaty of Waitangi reconciliation.
The book will cover themes in the settlements process such as the Foreshore and Seabed, rivers, lakes and water, lands, history and apology, financial and cultural redress, Parihaka, Te Ture Whenua reform, and issues and challenges to be considered by the Crown post-settlement.
The key elements that we require support with are:
the research assistant;
international travel and accommodation to conduct research;
printing.
The book costs will be kept to a minimum so that the retail cost of the book will make it readily accessible to the general public. The retail price will be no more than $85.
There will be large interest both in New Zealand and overseas for this book. Treaty and reconciliation work is ongoing and of paramount interest to indigenous groups, lawyers, policy makers, political commentators and community groups.
| | Applicant: | Ms Eboni Waitere | | Organisation: | Individual Application |
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| 2017 | Publication: Assessment of Mental Capacity: A New Zealand Guide | $ 35,000.00 |
| Description | Funding to support the writing and publication of a book, Assessment of Mental Capacity: A New Zealand Guide. This will be a best practice guide for health and disability professionals. | | Applicant: | Ms Alison Douglass | | Organisation: | Individual Application |
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| 1994 | Publication: ALSA Academic Journal | $ 4,200.00 |
| Description | Assistance with printing, artwork, distribution, communication and administrative costs in the production of the ALSA Academic Journal, and partial funding for production of "The Reporter" | | Applicant: | Australasian Law Students Association | | Organisation: | Australasian Law Students Association |
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| 2010 | Publication: A Critical Evaluation of the Proposed Trans-Pacific Partnership - 'No Ordinary Deal' | $ 12,000.00 |
| Description | Funding is sought to support the publication of an edited book of essays on the implications of the proposed Trans-Pacific Agreement, which is a free trade agreement involving the US, NZ, Australia and 4 other states. The book is based on a colloquium in June 2009 with diverse expert contributors and aims to promote informed debate on the TPPA. | | Applicant: | Professor Jane Kelsey | | Organisation: | Faculty of Law, University of Auckland |
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| 2006 | Publication: A Community Guide to the Resource Management Act 1991 | $ 4,000.00 |
| Description | The project involves publishing and disseminating a fully updated Community Guide to the Resource Management Act 1991 and updating a web-based version of the Guide. | | Applicant: | Environmental Defence Society | | Organisation: | Environmental Defence Society |
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| 2008 | Publication: 20 Years After the Cartwright Report: What Have We Learnt? | $ 10,000.00 |
| Description | Publication in mid 2009 of a book, comprising papers from a conference hosted by the Faculty of Law, Auckland University, entitled "Twenty Years after the Cartwright Report: What have we Learnt?" | | Applicant: | Professor Paul Rishworth & Jo Manning | | Organisation: | Faculty of Law, University of Auckland |
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| 1993 | Publication: 'Youth and the Law' | $ 30,000.00 |
| Description | Publication & distribution costs for book on youth law issues as a resource for parents, teachers, youth workers and school guidance counsellors. The book forms part of a resource package of the book, a set of comics and 3 posters. | | Applicant: | Legal Resources Trust | | Organisation: | Educational Resources Ltd |
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| 1992 | Publication: 'Women in the Law' - Phase I | $ 20,400.00 |
| Description | Research and writing of a book examining the positionof women in the legal profession from 1870 to the present. | | Applicant: | Gill Gatfield | | Organisation: | Equity Works Limited |
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| 2008 | Publication: 'This Realm of New Zealand' - The Sovereign, The Crown and the Governor-General: Their Constitutional Roles | $ 134,769.00 |
| Description | To write and publish a book on the constitutional roles of the Queen in light of New Zealand and her Governor-General. Within the setting of New Zealand as a constitutional monarchy, the book will focus on the things still done in person by the Queen or the Governor-General, acting on the advice of New Zealand ministers, or occasionally, and within the guidance of constitutional conventions, acting in their personal discretion. It will aim to satisfy lawyers, while reaching as wide an audience as possible. | | Applicant: | Dame Alison Quentin-Baxter & Professor Janet McLean | | Organisation: | Faculty of Law, University of Auckland |
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| 2005 | Publication: 'The Shareholder's Rights to Fair Value and the Reform of the Minority Buy-Out Provisions of the Companies Act 1993' | $ 5,000.00 |
| Description | To fund costs of preparing an article on the reform of the minority buy-out provisions of the Companies Act 1993. This involves editing the applicant's LLB(Hons) dissertation to make it suitable for publication in a legal journal. It will then be submitted to the NZ Law Review. | | Applicant: | Carl Schnackenberg | | Organisation: | Individual Application |
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| 1994 | Publication: 'Legal Rights of People with Intellectual Disabilities' | $ 20,000.00 |
| Description | Production of a book on the legal rights of people with an intellecutal disability. The book aims to give knowledge and information to people with disabilities, their relatives, friends, caregivers and advocates to empower them to make choices and overcome barriers to justice they may encounter at school, work, home and everyday life. | | Applicant: | Legal Resources Trust | | Organisation: | Legal Resources Trust |
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| 2010 | Publication: 'Law into Action: Implementing Economic, Social and Cultural Rights in Aotearoa New Zealand' | $ 20,953.00 |
| Description | Funding for the last phase of the publication process of the book entitled "Law into Action: Implementing Economic, Social and Cultural Rights in Aotearoa New Zealand". | | Applicant: | Human Rights Foundation of Aotearoa New Zealand | | Organisation: | Human Rights Foundation of Aotearoa New Zealand |
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| 2001 | Publication: 'Grey and Iwikau: A Journey into Custom' | $ 5,000.00 |
| Description | Subsidisation of the publication of a book by Dr Alex Frame for a general audience, exploring ways in which the NZ Legal System might become more reflective of the concepts and values of Maori culture. The grant would enable the inclusion of historical illustrations from the British Library, at an accessible retail price. | | Applicant: | Fergus Barrowman and Alex Frame | | Organisation: | Victoria University Press |
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| 1996 | Publication: 'Brief Encounters - Some Uncommon Lawyers' - A Social History of Christchurch Lawyers | $ 12,000.00 |
| Description | Production of a booklet containing profiles of local historical legal personalities | | Applicant: | Canterbury District Law Society | | Organisation: | Canterbury District Law Society |
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| 1993 | Publication: 'A Legal Guide for Lesbians and Gay Men in New Zealand' | $ 6,000.00 |
| Description | Publication of a practical NZ guide to legal issues of particular relevance to gay men and lesbians. | | Applicant: | Auckland Lesbian & Gay Lawyers Group | | Organisation: | Auckland Lesbian & Gay Lawyers Group |
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| 1993 | Publication: Women in the Law - Phase II | $ 40,000.00 |
| Description | Part II of production of a book and related research examining the position of women in the Legal System. | | Applicant: | Gill Gatfield | | Organisation: | Equity Works Limited |
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| 1999 | Publication: Waitangi & Indigenous Rights : Revolution, Law & Legitimation | $ 4,000.00 |
| Description | Assistance with funding this publication. Its central theme is how the revolutionary seizure of power by one people over another may be partly legitimated. Wrongs done to those who suffered the takeover must be addressed with due allowance for the new rights and interests that have resulted. These issues are studied in the context of contemporary Maori - Pakeha relations. | | Applicant: | Auckland University Press | | Organisation: | Auckland University Press |
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| 1993 | Publication: The Disputes Tribunal of New Zealand | $ 5,000.00 |
| Description | "Travel to Australia & South Africa to examine evolution of disputes tribunals/courts in these jurisdictions (NO FUNDING WAS PROVIDED FOR THIS PART OF THE PROJECT)
Writing and publication of a Disputes Tribunal Manual covering:
- history, nature, structure and personnel
- jurisdiction
- conduct of hearings
- rights ofrehearing and appeal
- enforcement of decisions
- legal principles and procedures
- legal terms and model claim forms" | | Applicant: | Professor Peter Spiller | | Organisation: | Te Piringa - Faculty of Law, University of Waikato |
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| 1993 | Publication: New Zealand Adoption Handbook | $ 2,650.00 |
| Description | "To produce an authoritative handbook on NZ adoption covering:
The Legal/Social History of adoption in NZ 1881-1994
Contemporary practice as at 1994
Law reform issues
Processing and presentation of all statistical data on NZ adoption" | | Applicant: | Mr Keith C Griffith | | Organisation: | Individual Application |
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| 2019 | Publication: Justice and Race - A memoir of campaigns against racism and abuse in Aotearoa New Zealand | $ 5,000.00 |
| Description | Funding for the publication of an account of campaigns undertaken to expose and challenge the appalling mistreatment and systematic abuse of children, for the greater part Maori, by the judicial, social welfare and mental health systems in the 1970s and 80s. These campaigns opposed the institutional racism which underpinned this mistreatment and aimed to force change in the administrative policies and practices in these systems. The book, entitled "Justice and race: a memoir of campaigns against racism and abuse in Aotearoa New Zealand", is based on an extensive archive of documents including transcribed testimony of interviews with child victims, correspondence with departments and Ministers as well as leaflets and bulletins published by the applicant and his colleagues over the 15-year (1970 – 1985) period. The primary purpose in writing it was to present it as a submission to the Royal Commission of Inquiry into Abuse in Care. It will be published by Steele Roberts Aotearoa in early 2020. | | Applicant: | Dr Oliver Sutherland | | Organisation: | Individual Application |
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| 1993 | Publication: Environmental Law Reporter - 1st Issue | $ 5,000.00 |
| Description | "Assistance to publish the first of a quarterly legal publication dealing with environmental and resource management law matters. Subscriptions will then be charged and it will become self funding.
Application covers Desktop Publishing equipment and software, plus printing and distribution costs of the first issue." | | Applicant: | Environmental Law Centre Inc | | Organisation: | Faculty of Law, University of Auckland |
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| 1994 | Publication of Sports Law Manual | $ 16,000.00 |
| Description | Sponsorship to produce, deliver and update a sports law manual which would comprise sections on constitutions, judiciary procedures, contracts, and civil laws which impact such as the Privacy Act 1993, Resource Management Act, licensing laws, commerce laws etc. | | Applicant: | NZ Sports Assembly | | Organisation: | NZ Sports Assembly |
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| 2003 | Publication of Report on Landscape Protection | $ 7,295.00 |
| Description | The project seeks financial support to publish a Landscape Protection Report. The report comprises the first comprehensive investigation into the adequacy of the Resource Management Act of 1991 in protecting New Zealand's outstanding landscapes and possible legal and policy reform. It will be targeted at academics, lawyers, law students, other resource and heritage management professionals in the public and private sectors and local and central government elected representatives. Financial support from the Foundation will enable the report to be professionally produced and made available to the target audience through direct mail, deposit in academic and public libraries and direct request to EDS. | | Applicant: | Environmental Defence Society | | Organisation: | Environmental Defence Society |
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| 1995 | Publication of Maori Issues Newsletter - Takapau | $ 4,500.00 |
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| 1997 | Publication of Maori Issues Newsletter - Takapau | $ 7,098.17 |
| Description | Clear outstanding printing costs of $498.17 and produce three copies of Takapau in 1997 budgeted at $2200 eachTrustees agreed this grantee had not fulfilled is obligations under the grant and had no active plans to comlete the final issue of the newsletter, but rather a vague hope that they could do so later in the year. | | Applicant: | Te Runanga Roia O Tamaki Makaurau Inc - Auckland Maori Lawyers Association | | Organisation: | Te Runanga Roia O Tamaki Makaurau Inc - Auckland Maori Lawyers Association |
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| 1996 | Publication of a New Zealand Journal of Environmental Law | $ 9,791.00 |
| Description | Publication of an authoritative academic law journal on environmental and resource management law styled the New Zealand Journal of Environmental Law | | Applicant: | Environmental Law Group | | Organisation: | Faculty of Law, University of Auckland |
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| 2013 | Public Interest Law Journal | $ 3,285.00 |
| Description | We propose to create an online journal to showcase the best work written by New Zealand law students on topics of public interest. We consider ‘public interest’ to be wide in scope, embracing a broad range of legal topics with significance to the general public and underprivileged groups. However, to be eligible for publication, articles cannot be purely theoretical but rather guided by a consideration of how the legal issue affects real-world problems. For instance, the social implications of criminal justice policy, environmental law, family law, legal ethics, civil liberties, the Treaty of Waitangi, and access to legal services would all be considered topics of public interest. The journal will be published annually, with the ultimate goal of bi-annual publication. | | Applicant: | Ms Danielle Duffield & Professor Mark Henaghan | | Organisation: | Faculty of Law, University of Otago |
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| 2020 | Public health law and COVID-19 in Aotearoa New Zealand | $ 56,205.00 |
| Description | The research project will describe and analyse New Zealand's legal framework for managing COVID-19, grounded in public health law in the context of other relevant NZ law. The research will outline the relevant legal frameworks existing before January 2020, and subsequent developments to address Covid-19 challenges.
There is no current and comprehensive outline of public health law applicable to Covid-19 in New Zealand, with little analysis of how legal instruments interrelate for pandemic management, nor basis for current and future debate on how the law should develop. The proposed research will enable these gaps to be filled.
The research project would result in one or more publications including, subject to further discussion, electronic dissemination (enabling amendments as needed). Material would be developed for a range of audiences and ready for publication by mid- 2021 to ensure timeliness and relevance for what can be expected to be a continued global epidemic. | | Applicant: | Ms Louise Delany | | Organisation: | Department of Public Health University of Otago Wellington Campus |
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| 2013 | Public Health Law | $ 25,000.00 |
| Description | The project will research the scope and content of public health law in New Zealand. This has not been done before in any comprehensive way, and will form the basis of three new chapters (around 30,000 words) in Medical Law in New Zealand (Skegg and Paterson, eds, 2006). A new version of this book is to be published in 2014. The research will extend the scope, content, and audience for this book. | | Applicant: | Ms Louise Delany | | Organisation: | Department of Public Health, University of Otago |
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| 2020 | Public and private manuka honey standards - the New Zealand context | $ 6,500.00 |
| Description | Private Manuka standards had previously been used to sell mÄnuka honey on the international market. These were largely unregulated yet established a following abroad and within New Zealand. While there is international regulation that has oversight of food safety, this does not extend to private food standards. However, it is widely acknowledged in other areas of food products, that private standards have had a significant impact on product sales. This study has two phases. The first is to explore and identify the existing manuka standards that are currently being used by honey producers and packers. This phase is an internet investigation of international trading websites in 4 common law countries � as mÄnuka honey is mainly sold internationally. The second phase will explore the views of manuka honey stakeholders in regards to the MPI definition of manuka and their perceptions. This research will produce a report and 2 publications. | | Applicant: | Dr. Dara Dimitrov | | Organisation: | Te Piringa - Faculty of Law, University of Waikato |
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| 1998 | Protection of Personal and Property Rights Act 1988 & People with Intellectual Disabilities: Part II | $ 26,500.00 |
| Description | Continuing research (see grant 96/9/21) to complete a critical analysis of the implementation of the Protection of Personal Property Rights Act 1988 for a group of 223 people with intellectual disabilities, examining how objects and principles of the Act are applied in the original orders appointing Welfare Guardians, during the process of closure and in the review of orders.. | | Applicant: | Donald Beasley Institute | | Organisation: | Donald Beasley Institute |
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| 2012 | Pre-Trial Collection and Retention of DNA in NZ - A Critical Analysis | $ 30,000.00 |
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| 1998 | Postgraduate Research: 'Control of the Crime Story: Where To?' | $ 12,500.00 |
| Description | A post graduate research project on the changing relationship between the media, police and the justice system (based on the Scott Watson murder case). | | Applicant: | Cate H Brett, Masters Student, [with Prof J Burrows & J Tully - Supervisors] | | Organisation: | Journalism School, University of Canterbury |
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| 2013 | Post-sentence detention and predicting dangerousness | $ 17,500.00 |
| Description | This project will produce a high quality report, consisting of an independent, multi-disciplinary review of (specifically) the proposals for post‐sentence detention (PSD) contained in the Public Safety (Public Protection Orders) Bill, and (more generally) what many observers see as the ongoing shift from a punitive towards a risk‐based approach to criminal justice of which this may be seen as a part.
It is intended that this report will be distributed to a variety of stakeholders and interested parties, including Members of Parliament, members of the judiciary and psychiatric professionals involved in assessments of dangerousness.
The compilation of the report will begin with a one‐day workshop, hosted at the University of Otago, in October 2013. This will involve presentations from experts on law (including a leading authority on the Australian experience with PSD laws), philosophy, psychology and psychiatry. A research assistant will be employed to assist with the compilation of the report. | | Applicant: | Dr Colin Gavaghan, NZLF Centre for Emerging Technologies | | Organisation: | Faculty of Law, University of Otago |
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| 2009 | Policy Paper on Environmental Protection Authorities | $ 8,000.00 |
| Description | Preparation of a policy paper entitled 'An Environmental Protection Authority for New Zealand: Would it improve environmental governance?' | | Applicant: | Environmental Defence Society Incorporated | | Organisation: | Environmental Defence Society |
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| 1996 | Pilot Study: The Protection of Personal and Property Rights Act 1988 and People with Intellectual Disabilities | $ 25,000.00 |
| Description | The aim of this research is to provide a critical analysis of the implementaion of the Protection of Personal Property Rights Act 1988 for a group of 250 people with intellectual disabilities who currently live in Templeton Centre. As Templeton Centre closes and all residents are resettled into community services, their Welfare Guardians (appointed under the Act) will have responsibilities regarding their personal welfare. This study will examine how the objects and principoles of the Act ae applied in the original orders, during the process of closure, and in the review of orders. The results will inform further legal education for practitioners regarding the Act and it applicationto people with intellectual disabilities. It will also provide a useful basis for further education and support of Welfare Guardians appointed under the Act. | | Applicant: | Donald Beasley Institute Inc. | | Organisation: | Donald Beasley Institute |
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| 2011 | People with Intellectual Disability in the NZ Legal System - Consultation Project | $ 10,000.00 |
| Description | This consultation project will investigate how intellectual disability influences access to justice through the courts system, from the perspective of select members of the judiciary, legal profession and disability sector. | | Applicant: | Professor Mark Henaghan, Dr Brigit Mirfin-Veitch and Associate Professor Kate Diesfeld | | Organisation: | Donald Beasley Institute |
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| 2011 | Parenting Orders in the Family Court | $ 65,000.00 |
| Description | One part of this project will survey parents and key informants in order to gain perspectives on the roles and functions of the Family Court. The other part will analyse Family Court files and interview key informants in order to describe the context, impact, and durability of Parenting Orders. | | Applicant: | Dr Jan Pryor | | Organisation: | Roy McKenzie Centre |
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| 2003 | Otago District Law Society Research Grant | $ 10,000.00 |
| Description | A research grant for significant research that draws upon the collection in the Otago District Law Society's historic library in the Dunedin Court building. | | Applicant: | Otago District Law Society | | Organisation: | Otago District Law Society |
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| 1996 | Otago District Law Society 120th Anniversary Oral History Project | $ 4,000.00 |
| Description | An oral history comprising interviews with three senior Otago practitioners (40 years plus) as a pilot for a larger project of 10 interviews to commemorate the 120th anniversary of Otago District Law Society | | Applicant: | Otago District Law Society | | Organisation: | Otago District Law Society |
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| 1994 | Oral History Project: Dame Silvia Cartwright | $ 3,500.00 |
| Description | Funding to complete an oral history project in which Dame Silvia Cartwright is interviewed each month on her life and work as a member of the High Court of NZ. The project is one of a series in which the applicant will interview people in significant positions on a regular basis in order to document their experiences as they occur rather than waiting until later and asking them to recall long past events. Dame Sylvia was selected as she is the first female judge of the High Court. The project is to be confidential and will be available to researchers after a period determined by Dame Silvia herself. | | Applicant: | Alexander Turnbull Library | | Organisation: | Alexander Turnbull Library |
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| 1995 | Oral History Project: Dame Silvia Cartwright | $ 5,000.00 |
| Description | Continuation of funding of three years of interviews of Dame Silvia Cartwright.
First year completed under Grant Reference 1994/4/30.
The project is to be confidential and will be available to researchers after a period determined by Dame Silvia herself. | | Applicant: | Alexander Turnbull Library | | Organisation: | Alexander Turnbull Library |
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| 1997 | Oral History Project: Dame Silvia Cartwright | $ 2,500.00 |
| Description | 10 researched and abstracted monthly interviews documenting Dame Silvia Cartwright's experiences and observations. Third in the series. Refer Grant references 1994/4/30 and 1995/7/8.
The project is to be confidential and will be available to researchers after a period determined by Dame Silvia herself. | | Applicant: | Oral History Centre | | Organisation: | Alexander Turnbull Library |
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| 2020 | Open access publication of judge alone trial research | $ 10,000.00 |
| Description | Funding for publication of an Open Access online book of the analysis and comparative findings from Grant 2019-46-5 (comparing judge alone trial process to jury trial process in adult rape cases). | | Applicant: | Professor Elisabeth McDonald | | Organisation: | School of Law, University of Canterbury |
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| 2015 | One Court, One Judge: A New Case Management Approach for the District, Family and Youth Courts? | $ 56,000.00 |
| Description | The research project will explore the feasibility of redesigning the structure of the District, Family and Youth Court system in New Zealand, so that one Judge is assigned to each family involved with the court system. Whatever the matter before the Court, the Judge who has dealt with a particular family member in the past, would continue to hear and determine all cases involving that family in the future. | | Applicant: | Zoe Lawton | | Organisation: | Individual Application |
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| 2010 | NZLF Regulatory Reform Project | $ 1,844,115.00 |
| Description | To undertake research about regulation in New Zealand to create a regulatory framework that will be sustainable and benefit New Zealand for the foreseeable future. | | Applicant: | Victoria University of Wellington, NZIER & Chapman Tripp | | Organisation: | Faculty of Law, Victoria University of Wellington |
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| 1994 | Newsletter: Te Rangatahi, Youth Justice Newsletter | $ 12,000.00 |
| Description | To fund costs associated with producing 6 issues in 1995 | | Applicant: | Te Rangatahi | | Organisation: | Te Rangatahi |
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| 1996 | Newsletter: Te Rangatahi, Youth Justice Newsletter | $ 12,000.00 |
| Description | Extend information about youth justice to a wider audience | | Applicant: | Te Rangatahi | | Organisation: | Te Rangatahi |
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| 2012 | New Zealand's Supreme Court, One Decade On | $ 19,885.00 |
| Description | This project will document the contribution to New Zealand’s jurisprudence by our Supreme Court during its first decade as our final court of appeal. Both empirical and doctrinal research methodologies will be employed in examining all decisions of the Court from 1 July 2004 to 1 January 2014. | | Applicant: | Mary-Rose Russell | | Organisation: | School of Law, AUT University |
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| 2017 | New Zealand's Resource Management Law: The Next Generation | $ 356,000.00 |
| Description | New Zealand’s Resource Management Act is now over 25 years old. At its inception, the legislation was recognised as being world leading in formally adopting the imperative to manage the environment ‘sustainably’. But New Zealand is now a very different place with changed demographics and growth pressures and it is timely to consider what the next generation of environmental legislation and administrative arrangements might look like, that can best take New Zealand forward over the next two or more decades.
This project will canvass the broader resource management challenges currently facing New Zealand and those likely to be emerging over the next 20 years. EDS will review new thinking and innovative approaches in environmental law internationally, tap into the collective knowledge built up in the resource management law and planning field in New Zealand, and propose some clear legal and administrative options for reform.
The scope of the review will be New Zealand’s entire resource management system including that applying to land, air, freshwater and marine out to the edge of the Exclusive Economic Zone. The review will include an examination of both regulatory and non-regulatory frameworks, tools and methods and an assessment of implementation options. This broad focus has been chosen because one of the criticisms of the present system is that it lacks coherence and integration.
The work will help inform government policy in this area. Once the Resource Legislation Amendment Bill 2015 has passed into law, our expectation is that there will be a major reform initiative that will get underway in 2018 and take some time to come to fruition. This may take the form of a Royal Commission or a similar entity. The project would feed into such a process. | | Applicant: | Fiona Driver | | Organisation: | Environmental Defence Society |
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| 2012 | New Zealand's Mental Health Act in Practice | $ 18,530.00 |
| Description | This project will produce a first class book, distributed through 5 conferences in NZ’s main centres, that will provide a rigorous, non-governmental review of the operation of our Mental Health Act, 20 years after its introduction in 1992.
This will be a central document for government policy formation concerning the law on compulsory psychiatric treatment. | | Applicant: | Professor John Dawson | | Organisation: | Faculty of Law, University of Otago |
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| 2018 | New Zealand's Future Resource Management System: A Pathway to Reform A PROJECT CO-FUNDED BY THE BORRIN FOUNDATION | $ 240,000.00 |
| Description | There is an urgent and compelling need for New Zealand to rethink its resource management system. Many environmental indicators are rapidly declining, we are failing to optimise social, economic and cultural outcomes and our laws are becoming incoherent, complex and conflicted.
EDS is currently engaged in Phase 1 of a project looking at first-principles reform of the system. A final report will outline three broad models for a reformed system.
The project’s second and final phase is the subject of this application. It will further the work in three ways, by: generating a set of criteria and selecting a preferred model for reform; fully developing the selected model; mapping out a pathway to reform.
There is a high degree of interest in this work from senior politicians and the private sector. The project will contribute to and influence the reform work that the Government plans to do in 2019 and provide a platform for others wishing to be part of that process.
The Borrin Foundation is funding half of this project.
| | Applicant: | Fiona Driver | | Organisation: | Environmental Defence Society |
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| 2003 | New Zealand Journal of Public and International Law | $ 26,500.00 |
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| 2001 | New Zealand Armed Forces Law Review - Inaugural Edition | $ 1,200.00 |
| Description | Contribution to publication of the first edition of the first New Zealand periodical dedicated to the law affecting armed forces. | | Applicant: | Armed Forces Law Association of New Zealand | | Organisation: | Armed Forces Law Association of New Zealand |
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| 2002 | New Zealand Armed Forces Law Review - 2002 Edition | $ 1,000.00 |
| Description | Armed Forces Law Association of New Zealand (AFLANZ) successfully published the inaugural edition of the New Zealand Armed Forces Law Review (NZAFLR) in 2001, with Law Foundation assistance. The 2002 edition will develop topical themes such as the implications of the events of 11 September 2001 and the proper relationship between members of the Armed Forces and the Government. | | Applicant: | Armed Forces Law Association of New Zealand | | Organisation: | Armed Forces Law Association of New Zealand |
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| 2017 | New Biotech Frontiers and New Zealand Law | $ 20,840.00 |
| Description | Frontiers being opened up by new biotechnology applications are generating governance challenges, as a range of applications race ahead of what existing law and supporting institutional structures were designed to regulate. Such applications could impact significantly on New Zealand’s environment, biodiversity and agriculture.
The purpose of this project is to examine the legal and wider governance challenges posed by new biotechnology applications, with a particular focus on “gene drive” and to investigate the legal and governance responses available. | | Applicant: | Simon Terry | | Organisation: | Sustainability Council of New Zealand |
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| 2019 | Neurodevelopmental Impairment in the Criminal Justice System: incidence, relative risk and pathways A PROJECT CO-FUNDED BY THE BORRIN FOUNDATION | $ 89,750.00 |
| Description | Research towards an understanding of the incidence of neurodevelopmental impairment in New Zealand's young adult population and in particular those with involvement in the criminal justice system. This project will provide an analysis of the official systems in New Zealand to identify the data gaps, the incidence, the pathways and relative risk of young persons with neurodevelopmental impairments entering the criminal justice system. | | Applicant: | Brigit Mirfin-Veitch | | Organisation: | Donald Beasley Institute |
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| 2003 | Native and Maori Land Legislation in the Superior Courts 1840 -1980 | $ 50,000.00 |
| Description | This project will examine litigation relating to native and Maori land legislation in the Superior Courts in New Zealand in the nineteenth and twentieth centuries. This will include cases heard in the Supreme Court, the High Court, the Court of Appeal and the Judicial Committee of the Privy Council. | | Applicant: | Dr Michael Belgrave | | Organisation: | School of Social and Cultural Studies, Massey University |
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| 2008 | Modification of the Pre-Trial and Trial Process for Sexual Offences - Real Rape to Real Justice: Prosecuting Rape in New Zealand | $ 85,925.00 |
| Description | The current mode of proceedings in criminal trials for sexual offences is widely perceived to be unfair to complainants and likely to lead to undeserved acquittals of offenders. A rigorous and independent study of both the bases for this public concern and of possible avenues for remedial action is timely and desirable. The project proposed will investigate possible options for modifications or reform of the current procedure for trial and pre-trial processes for prosecuting sexual offending, including possible alternatives to adversary criminal trials. | | Applicant: | Dr Yvette Tinsley & Elisabeth McDonald, VUW & Professor Jeremy Finn, University of Canterbury | | Organisation: | Faculty of Law, Victoria University of Wellington |
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| 2011 | Mock Trials of 'specialist child examiner' system | $ 20,000.00 |
| Description | To run mock trials of the innovative "specialist child examiner" system to explore professionals' perceptions of its potential to improve the way child witnesses' evidence is tested, while also allowing that evidence to be robustly tested. | | Applicant: | Dr Emma Davies | | Organisation: | Institute of Public Policy, Auckland University of Technology |
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| 2015 | Mistake of Fact as a Ground of Judicial Review in New Zealand | $ 2,662.00 |
| Description | Research into case law and commentary to 1. establish state of law on this topic (unsettled and disputed), and 2. propose a defensible position to adopt. | | Applicant: | Hanna Wilberg | | Organisation: | Faculty of Law, University of Auckland |
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| 1998 | Maori Law Society Conference: Publication of Papers | $ 6,500.00 |
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| 2013 | Maori and the British Courts: 1835-1856: Publication 'Juridical Encounters' | $ 43,303.00 |
| Description | This project will produce an original new work which examines the interactions of Maori with British law, primarily through the various British courts, in the Crown Colony period. The project will use significant data which has not been examined (or even seen) before. As well as examining everyday interactions, this project has the capacity to shed light on broader issues: how did legal interactions through the Courts in the Crown Colony period contribute to sovereignty formation; how did Maori use of the courts work to shape the law (and ultimately the New Zealand legal system); and how did New Zealand's early legal system sit within the Imperial legal framework? This project will also provide an understanding of how early courts functioned, a matter about which at present we know little. Without such a project, our understanding of the relationship between Maori and the Crown in the early period will remain incomplete, along with our understanding of the foundations of the New Zealand legal system. | | Applicant: | Professor Shaunnagh Dorsett & Faculty of Law, Victoria University of Wellington | | Organisation: | Faculty of Law, Victoria University of Wellington |
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| 1999 | Legal Profiles: Honourable & Learned Members - Phase II | $ 9,000.00 |
| Description | Continuation of biographical profiles of 10 lawyers who became prominent in politics or international affairs.
Phase I, which LF funded, covered profiles of Hon Dr M Finlay QC, Sir Leslie Munro & Rt Hon F D O'Flynn QC.
Phase II will cover Hon HGR Mason QC, Rt Hon Sir John Marshall, Hon JR Hanan, Hon Sir Clifton Webb, Hon Sir Ronald Algie, Hon Daniel Riddiford and Hon Dr OC Mazengarb QC. | | Applicant: | Mr Derek Round | | Organisation: | Individual Application |
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| 1998 | Legal Profiles: 'Honourable and Learned Members' | $ 5,000.00 |
| Description | Pilot for a series of biographies - Compilation and publication of profiles of members of the legal profession who have been prominent in Parliament since World War II
Pilot will profile Dr Martyn Finlay QC, Sir Leslie Munro & Rt Hon Frank O'Flynn QC. | | Applicant: | Mr Derek Round | | Organisation: | Individual Application |
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| 2015 | Legal issues re barriers to inclusive education in New Zealand | $ 9,500.00 |
| Description | We seek to undertake research to look into barriers to inclusive education in New Zealand. We will undertake surveys with young people to gather data on removal from school and how this impacts on a right to Education in New Zealand under international and domestic legislation and the long term consequences for young people in New Zealand. Often with informal removal from school marginalised children are further marginalised from society with significant flow on effects.
We expect the overall picture we gain will give us scope to consider how the law may set out duties and obligations of schools and where there is a need for law reform in the sense that oversight, monitoring and auditing of how schools are operating particularly in the context of enrolment, access and discipline is being carried out.
| | Applicant: | Jennifer Walsh | | Organisation: | Youth Law Aotearoa |
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| 2011 | Legal issues consequent on natural disasters: the Canterbury earthquakes experience | $ 45,000.00 |
| Description | To collect, collate and analyse data from the legal profession and other relevant organisations in Christchurch to ascertain what legal problems have arisen as a result of the recent earthquakes. | | Applicant: | Professor Jeremy Finn & Professor Elizabeth Toomey | | Organisation: | School of Law, University of Canterbury |
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| 1998 | Legal History Publication | $ 50,000.00 |
| Description | Publication of a history of the law and the legal profession since 1969. It is intended that this publication will update the history of the profession since the NZLS’s centennial book was published in 1969. The project will be under the direction of Sir Ian Barker. This is a non-profit project and the book will be priced to match the unit cost of publishing it. A print run of 3000 is envisaged. | | Applicant: | New Zealand Law Society | | Organisation: | New Zealand Law Society |
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| 2020 | Legal Conceptions of Dignity and Mana in Lex Aotearoa A PROJECT CO-FUNDED BY THE BORRIN FOUNDATION | $ 10,605.00 |
| Description | This project will investigate the meaning, authority and function of dignity, and related tikanga concepts including mana, as legal principles in Aotearoa. The prevalence of 'dignity talk'in our legal texts suggests that New Zealand is following the twentieth century international legal trend towards embracing dignity as an organising principle for making a variety of legal claims. However, the use of dignity as a legal principle ought not to be glossed without puzzling about its deployment. Human dignity is a famously contested concept, and multiple conceptions of dignity are possible. Further, in the bijural New Zealand context, the term 'dignity' is frequently used alongside purportedly related tikanga MÄori concepts, most notably mana. By setting out a comprehensive review of dignity as used in New Zealand law, we will be able to shed light on any inconsistencies, competing conceptions, and problematic usages, and in turn facilitate the use of dignity in a meaningful way. | | Applicant: | Dr High Anna | | Organisation: | Faculty of Law, University of Otago |
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| 2011 | Leading Decisions of the Native Land Court, Native Appellate Court, Native Valuation Court and Urewera Commission 1888-1909 | $ 80,687.00 |
| Description | Collecting and publishing a fully edited edition, in full Law Report-style format, of the principal judgments and decisions of the Native Land Court and associated bodies from 1894-1909, forming the second stage of a project of publishing leading decisions relating to Maori Land and tenurial issues from 1865. | | Applicant: | Professor Richard Boast | | Organisation: | Faculty of Law, Victoria University of Wellington |
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| 2014 | Leading Decisions of the Native Land Court, Native Appellate Court, Native Valuation Court 1910-1953 | $ 78,000.00 |
| Description | Collecting and publishing a fully edited edition of the principal judgments and decisions of the Native Land Court and associated bodies from 1910-1953, forming the third stage of a project of publishing leading decisions relating to Maori Land and tenurial issues from 1865 | | Applicant: | Professor Richard Boast | | Organisation: | Faculty of Law, Victoria University of Wellington |
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| 2011 | Law Reform - Legal Research | $ 15,000.00 |
| Description | To commission research (over a 3 yr period) of a focused and targeted nature that will feed into the law-making process. The research will support NZLS submissions on legislative bills that raise complex constitutional, Bill of Rights or rule of law issues, and the upcoming review of the NZ constituton. | | Applicant: | New Zealand Law Society Law Reform Committee | | Organisation: | New Zealand Law Society |
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| 2002 | Law and Practice of the Waitangi Tribunal and of the Crown's Treaty Claim Settlement Policies | $ 4,500.00 |
| Description | Funding for preliminary research and archival research to prepare for writing a book on Treaty of Waitangi practices and claims settlement policies. The issues the book will deal with are of importance for law reform and for public policy analysis and should be a significant contribution to debate on Treaty of Waitangi issues. | | Applicant: | Dr David Williams | | Organisation: | Faculty of Law, University of Auckland |
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| 2007 | Language Use in Judges Summings Up | $ 50,000.00 |
| Description | I will investigate the language use of judges in their summings up for juries, with the aim of helping to improve communication with juries. I will collect a range of summings up and analyse them for clarity and language patterns, including the use of particular expressions. This will form the basis of a report and recommendation for future action, including judicial training. | | Applicant: | Dr Bronwen Innes | | Organisation: | Individual Application |
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| 2019 | Ka Mapuna - Towards a Rangatiratanga Framework for Governance of Waterways | $ 85,877.00 |
| Description | This research is on a specific aspect of a new statute for water, a freshwater Commission. A Commission is an innovation for freshwater governance to address outstanding issues. A Commission is central to the structure of a proposed water law and would contribute to innovative solutions to critical issues of freshwater governance.
This work will explore the model of a national waterways Commission as the centrepiece for the water governance structue, with representation of iwi and the Crown providing shared authority through this body. The Commission would provide national direction and grant allocations. It would administer funds for restoration and for Maori economic developoment, and also have a education role. | | Applicant: | Dr Betsan Martin | | Organisation: | Response Charitable Trust |
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| 2001 | Justice in Employment: Decisions of the Employment Court, the Employment Tribunal, and the Employment Relations Authority | $ 9,879.00 |
| Description | "Continuation of the construction and analysis of a data base of decisions of the employment institutions. With the recent changes to legislation which disestablishes the Employment Tribunal and establishes the Employment Relations Authority, there is a need to realign the database and its analysis.
This third phase of the data base project for which the present application seeks funding has these primary objectives:
1) to complete compilation of the Employment Tribunal data base until it is disestablished (approx 2002)
2) to design and construct a database of Employment Relations Authority decisions
3) to continue to compile a data base of Employment Court judgments, adapting that data base to changes brought to the Court under the new legislation, and
4) to continue to carry out and publish analysis from the data bases." | | Applicant: | Foundation for Industrial Relations Research & Education (FIRRE) & Otago University | | Organisation: | Department of Management, University of Otago |
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| 1998 | Justice in Employment: Decisions of the Employment Court and Tribunal - Part I | $ 28,935.00 |
| Description | "Completion of construction of a database of Employment Court and Employment Tribunal decisions, analysis of variables and dissemination of results. This has been ongoing for several years. The grant is sought to bring the project up to date and produce a comprehensive set of reports by the end of 1999 detailing a variety of data on case volumes, outcomes and hearing logistics.
Should be of benefit to adjudicators, practitioners and their clients, students of employment relations and employment law.
Construction of a database of Employment Court and Employment Tribunal decisions; Analysis of multiple variables; Dissemination of findings." | | Applicant: | Foundation for Industrial Relations Research and Education (FIRRE) | | Organisation: | Department of Management, University of Otago |
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| 1999 | Justice in Employment : Decisions of the Employment Court and Tribunal - Part II | $ 29,254.00 |
| Description | Continuation of construction of a database of Employment Court and Employment Tribunal decisions which we partially funded last year (1998/13/15), and further analysis of decisions and multiple variables related to each case, then dissemination of findings. | | Applicant: | Foundation for Industrial Relations Research and Education (FIRRE) | | Organisation: | Department of Management, University of Otago |
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| 2010 | Judicial Review Handbook | $ 5,000.00 |
| Description | Research for and writing of a practitioner-oriented judicial review handbook, modelled on Mike Fordham QC's 'Judicial Review Handbook' | | Applicant: | Matthew Smith | | Organisation: | Individual Application |
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| 2000 | Judicial and Court Information Through the Internet | $ 14,605.00 |
| Description | A study trip to assess the use of the internet in the delivery of judicial and court information to the legal profession, other special interest groups and the community at large. | | Applicant: | Mr Dougal McKechnie | | Organisation: | Department for Courts |
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| 2019 | Judge alone trials in acquaintance rape cases: A comparison with the application of the rules of evidence and procedure in jury trials | $ 74,360.00 |
| Description | The aim of this research project is to assess aspects of judge alone trials which concern allegations of "acquaintance rape" or intimate partner sexual violence. Specifically, the objective is to compare the processes in 20 judge alone trials ("JATs") in such cases with those collected in three other research projects. The research team will be analysing the factors that make giving evidence in sexual violation trials distressing (whether the complainant was an acquaintenance or intimate parter of the defendant) and assessing whether the dynamics of the questioning process is different in judge alone trials. This work will provide important and unique local empirical research which will assist resolving the debate about who should be the fact finder in rape cases. | | Applicant: | Elisabeth McDonald | | Organisation: | School of Law, University of Canterbury |
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| 2020 | Is it time for a New Zealand Modern Slavery Act? A PROJECT CO-FUNDED BY THE BORRIN FOUNDATION | $ 25,035.00 |
| Description | Modern slavery is a reality in New Zealand � it has been identified in the horticultural sector, the former foreign-charter vessel sector of the fishing industry, as well as in other sectors. The New Zealand government is showing encouraging signs that modern slavery is on their radar and has committed to taking measures to end modern slavery. Officials are currently updating the Plan of Action to Prevent People Trafficking in an effort to ensure New Zealand�s compliance with international standards. However, further legal action is urgently needed as New Zealand is now out-of-step with rapid jurisprudential advances occurring in the UK and Australia � with both passing bespoke modern slavery legislation in the past five years. Our multidisciplinary legal inquiry will: i) examine whether New Zealand should introduce a Modern Slavery Act into law; and, ii) consider the various issues associated with that proposition in the New Zealand context. | | Applicant: | Dr Christina Stringer | | Organisation: | Auckland Business School, University of Auckland |
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| 1998 | Internet Child Pornography: Legislative Review and Reform | $ 31,088.00 |
| Description | "1. Research current NZ laws and regulations re Internet child pornography
2. Review adequacy of same and draft, where relevant, submissions to select committees
3. Liaising throughout with NZ Police, customs and Internal Affairs and Internet Service Providers
4. Draft code of practice for Internet Service Providers" | | Applicant: | Ms D A Ritchie | | Organisation: | ECPAT New Zealand Inc |
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| 2004 | International Data Protection Jurisprudence: A Comparative Analysis | $ 6,340.00 |
| Description | Selection and translation of French and German data protection / privacy cases that are relevant to interpretation and application of international principles (including those in force in New Zealand). This is an important preliminary part of a larger project to write a book on cross-jurisdictional data protection law. It is a new area, and the book will extend existing available legal resources. | | Applicant: | Dr Paul Roth | | Organisation: | Faculty of Law, University of Otago |
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| 2000 | Interface Between People with Intellectual Disability and the Criminal Justice System - Stage 2 - Training and Advocacy | $ 40,775.00 |
| Description | The overall purpose of the project is to implement the findings of the study funded by the New Zealand Law Foundation in 1997, entitled The Interface Between People with Intellectual Disability and the Criminal Justice System. The Project is aimed at developing and implementing a training programme for lawyers, police, forensic nurses and court personnel in understanding and working with intellectually disabled offenders. Six months after the training its impact on attitudes and work practices will be followed up. The project also aims to develop a 'blueprint' for setting up of a legal advocacy service. | | Applicant: | Dr Patricia O'Brien, Dr Wendy Miller-Burgering, Kate Diesfeld | | Organisation: | Centre for Special Education, Auckland College of Education |
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| 2007 | Intellectual Property Law for a Small Developed Country | $ 50,000.00 |
| Description | The project will analyse the optimal intellectual propery law framework for New Zealand given its status as a small developed country with a marketing economy dependent on international trade. | | Applicant: | Professor Susy Frankel | | Organisation: | Faculty of Law, Victoria University of Wellington |
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| 2018 | Indigenous Water Rights in Comparative Law | $ 16,589.00 |
| Description | Indigenous rights to water are highly topical in Aotearoa New Zealand, before the courts and in public debates around the management and sharing of water. This research project responds to a pressing question in contemporary legal scholarship in Aotearoa New Zealand; how do we include Indigenous peoples in the distribution of water rights in modern regulatory regimes for water? Research outputs include two book chapters, a journal article and a research workshop. The research outputs will benefit the Aotearoa New Zealand public by contributing novel, significant, and unpublished evidence and critical analysis about how Indigenous water rights could be provided for in contemporary water law and policy based on studies of comparative experience. | | Applicant: | Dr Elizabeth Macpherson | | Organisation: | School of Law, University of Canterbury |
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| 2002 | Index to Common Law Festschriften: Turning the Graveyard of Legal Scholarship into a Garden | $ 32,690.97 |
| Description | This application seeks funding to create a web-database version and a hard version of an Index to common law Festschriften. The German word Festschriften is the universally accepted term for a published collection of legal essays written by several authors to honour a distinguished jurist or mark a significant legal event. The number of Festschriften honouring common lawyers has increased enormously in the last thirty years. The numerous scholarly contributions to these common law Festschriften are not indexed presently, and have never been indexed. The proposed index will fill this serious bibliographic gap for the first time in the common law world. | | Applicant: | Professor Michael Taggart | | Organisation: | Faculty of Law, University of Auckland |
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| 2012 | Improving judicial direction and communication to juries | $ 68,000.00 |
| Description | This project will investigate the extent to which jurors can comprehend and apply judicial instructions; and will test the efficacy of the use of fact-based question trails. Fieldwork studies in New Zealand and Australia will be conducted, as well as a simulated study in Australia. | | Applicant: | Dr Yvette Tinsley | | Organisation: | Faculty of Law, Victoria University of Wellington |
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| 1998 | Improving Inter-Agency Collaboration in Cases of Alleged Child Abuse | $ 47,200.00 |
| Description | "Specific Aims are:
- To establish the feasibility of developing one or two pilot ""one stop shops"" similar to the US Child Advocacy Center models in the Auckland region.
- Development of inter-agency guidelines, manuals and training packages for education for court for children and their families who enter the criminal justice system. (Funding is not being sought for this second aim)" | | Applicant: | Dr Fred Seymour, University of Auckland & Dr Emma Davies, Auckland University of Technology | | Organisation: | Department of Psychology, University of Auckland |
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| 2010 | Implications of Behavioural Economics for Regulation | $ 162,000.00 |
| Description | "In response to NZLF EOI 01/2009:
To prepare a guide to the application of behavioural econonmics to regulatory reform
To Prepare a case study on the regulation of consumer credit;
To collaborate with the larger project team researching regulatory reform by providing input to workshops, commenting on work, co-authoring papers etc" | | Applicant: | Sapere Research Group | | Organisation: | Sapere Research Group (previously LECG Ltd) |
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| 1996 | Identification & Treatment of People with Intellectual Disability within the Criminal Justice System | $ 39,900.00 |
| Description | To examine how people with intellectual disability are identified and treated within the criminal justice system with a view to develop appropriate resource material for police, criminal lawyers, forensic nurses and judges. | | Applicant: | Dr Patricia O'Brien & Dr Wendy Miller-Burgering | | Organisation: | Centre for Special Education, Auckland College of Education |
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| 1997 | Human Rights and New Zealand Development Assistance | $ 15,000.00 |
| Description | To investigate human rights obligations of development donors who are signatories of the ICCPR: both in relation to a) bi-lateral and b) multi-lateral development assistance. | | Applicant: | Dr Marilyn Waring | | Organisation: | Albany Campus, Massey University |
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| 2003 | Human Genome Research Project - Research into Preimplantation Diagnosis | $ 19,300.00 |
| Description | "This is to be a part of the bigger research project under way on the Legal Implications of the Human Genome Project, and will add value to Stage 2 of that project as it considers how New Zealand will deal with the debate surrounding research into therapeutic/reproductive cloning, gene therapy, manipulations of the germ line, xenotransplantation, and the use of embryonic stem cells. Regulation at a national level may be appropriate in the New Zealand context. These are issues that have received a lot of attention in other countries, where various mechanisms for control have been implemented, or are beginning to be put in place. New Zealand's current state of regulation in this area is sparse.
One of the most problematic questions is the issue of what limits should be placed on individual access to genetic testing and Preimplantation Diagnosis and this project will focus on this. The question of whether there is a right to use genetic technologies to create 'designer babies' has received a great deal of attention which is not entirely unwarranted. At present the only way for a couple to ensure that they do not have a child with a particular genetic disorder is through the use of genetic testing (followed by the abortion of affected fetuses) or Preimplantation Diagnosis (which involves the destruction of imperfect embryos). While many would consider it acceptable to test for recognised medical disorders (such as Tay-Sachs, cystic fibrosis, and the Thalassaemias) research into public opinion demonstrates a reluctance for these technologies to be used to test for characteristics such as eye colour, sex, and IQ that may be desired for what are seen to be frivolous or social reasons. Perhaps more problematic is the desire by a small but significant body of people who which to use genetic services to test for, and bring about the birth of, children affected with a condition similar to their own (i.e. deafness). This is commonly referred to as 'designer disability' and is not merely of a theoretical concern.
The research is to be done by Dana Wensley and supervised by Mark Henaghan and Donald Evans." | | Applicant: | Professor Mark Henaghan & Ms Dana Wensley | | Organisation: | Faculty of Law, University of Otago |
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| 2005 | Human Genome Research Project - Phase II: Years Two & Three - The Legal Implications and Policy Options relating to Human Genome-Based Technologies for New Zealand | $ 1,640,054.00 |
| Description | "This grant covers Years two and three of this project. Refer to grant 2004/24/4 for the establishment phase and year one.
Phase 2 continues the earlier study which identified a number of issues which the technologies raise for NZ society. It is an indepth study of key issues for NZ. The unifying theme which runs throughout the research project is whether human genome based technology raises new moral questions requiring new legal responses or whether the new technologies are part of a continuum of scientific and medical advances for the benefit of the community already covered by general legal frameworks." | | Applicant: | Professor Mark Henaghan et al | | Organisation: | Faculty of Law, University of Otago |
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| 2004 | Human Genome Research Project - Phase II: Year One - The Legal Implications and Policy Options relating to Human Genome-Based Technologies for New Zealand | $ 879,230.00 |
| Description | Phase 2 continues the earlier study which identified a number of issues which the technologies raise for NZ society. It is an indepth study of key issues for NZ. The unifying theme which runs throughout the research project is whether human genome based technology raises new moral questions requiring new legal responses or whether the new technologies are part of a continuum of scientific and medical advances for the benefit of the community already covered by general legal frameworks. | | Applicant: | Professor Mark Henaghan et al | | Organisation: | Faculty of Law, University of Otago |
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| 2002 | Human Genome Research Project - Phase I | $ 172,182.67 |
| Description | "This is a joint international undertaking between Otago University and Sheffield University, and using Sheffield's co-ordinating personnel (Dr R Crisman) based in USA. It is likely that Stanford University's Bioethics Center and Law School will also become involved.
This is the first part of a major study that will identify and prioritise the key issues to be the focus of larger study to commence in March 2003. It is intended to scope the legal, ethical and scientific implications for New Zealand that the Human Genome Project raises.
The major study will determine the state of readiness of the NZ legal system, institutions, and government agencies to respond to the issues raised by the collective international research in Biotechnology and the Human Genome Project. Specifically:
1. Assess the implications of HGP on NZ Law
Acquire global information upon which an analysis of the issues associated with HGP in relation to existing rules and regulations can be evaluated; a comparison will be made of NZ, UK (EU), and US policy and practice
2. Analyze relevant NZ law for its ability to adapt to those implications
Determine current and potential effects of HGP on NZ, UK (EU), and US law
3. Recommend regulatory changes to NZ Law
A communications portal will be established to assist the researchers. It is likely external funding from Hewlett Packard will be sought for this.
At the conclusion of Phase I, a report will be prepared for the New Zealand Law Foundation outlining the findings that will provide the recommendations for the agenda of the in-depth study for Phase II. A report will be prepared on the methodology utilised to identify, categorise and prioritise the issues associated with HGP for further research.
At the end of this Phase the deliverables are expected to be:
- A report on the comprehensive literature search to identify current important issues
- A report on the methodology to evaluate issues
- A data base structure and web site for investigator use and communication
- A detailed description of the research topic areas to be investigated during Phase II
- The integrated project proposal and budget." | | Applicant: | Professor Mark Henaghan & Dr Margaret Llewellyn, Sheffield Institute of Biotechnology, Law and Ethics | | Organisation: | Faculty of Law, University of Otago |
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| 1998 | How Children's Views are Ascertained and Taken Into Account in Family Law Proceedings | $ 49,841.00 |
| Description | The project aims to determine how children's views have been heard and taken into account in Family Law proceedings. A comprehensive review of NZ Family Court judgments which involve decisions about children will be carried out, by looking at NZ cases in 1990, 1994 and 1998 and comparing them with an Australian and UK sample. The study will determine whether UN Convention on the Rights of the Child principles are being implemented in NZ.
Results will be submitted for publication to Butterworth's Law Journal, reports given to PFC Judge Mahony and the Family Law Section of the NZLS, and will also be available through the Children's Issues Centre publication list and web site. Findings will also be presented at two national seminars. | | Applicant: | Professor Anne B. Smith, Children's Issues Centre | | Organisation: | Children's Issues Centre, University of Otago |
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| 2020 | Housing Law and Policy in New Zealand A PROJECT CO-FUNDED BY THE BORRIN FOUNDATION | $ 18,040.00 |
| Description | Housing supply and affordability is a very important and topical issue in New Zealand. There is as yet no text or other authoritative source on this topic. The book that the grant would support would include the following topics: The historical development of housing law and policy, and tenancy protection measures in New Zealand; Social justice and human rights principles relevant to housing law and policy; Legal mechanisms of securing home ownership and occupation of residential housing; Tenancy protection legislation and practice; Health and safety, sanitation and habitability, structural integrity of housing; Social housing law and policy; Housing and disadvantaged peoples; Housing and Maori; Housing crises in New Zealand; Housing in conflict, pandemics and post-disaster environments.
Such a book would be valuable and well-received by the profession, academics, students, policy-makers and others interested in the topic. | | Applicant: | Professor David Grinlinton | | Organisation: | Faculty of Law, University of Auckland |
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| 1997 | History of the NZ Court of Appeal 1958-1998 | $ 5,000.00 |
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| 2009 | History of Legal Education at Canterbury | $ 5,000.00 |
| Description | Contribution to costs of publication of book 'Educating for the Profession: the first hundred years of Law at Canterbury'. (Complete manuscript in process of publication.) While the book is primarily focussed on Canterbury, it covers issues of national significance not, or not sufficiently, dealt with in existing publications. | | Applicant: | Professor Jeremy Finn | | Organisation: | School of Law, University of Canterbury |
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| 1994 | History of Canterbury Lawyers | $ 2,450.00 |
| Description | Pilot project to produce an anecdotal history of lawyers in Christchurch - production of a preliminary trial sample - as part of their 125th anniversary activities | | Applicant: | Canterbury District Law Society | | Organisation: | Canterbury District Law Society |
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| 2000 | Handbook of Environmental Law | $ 20,000.00 |
| Description | Rewrite the Handbook of Environmental Law, first produced 1992. This book is used widely by the public, community groups, professionals and students. It needs updating to bring in the latest caselaw and changes to legislation. | | Applicant: | Royal Forest and Bird Protection Society of New Zealand Inc | | Organisation: | Royal Forest and Bird Protection Society of New Zealand Inc |
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| 1995 | Guidelines on Maori Custom Law | $ 50,000.00 |
| Description | To research, prepare and publish guidelines for judges, lawyers and law makers on the principles of Maori Custom Law | | Applicant: | New Zealand Law Commission | | Organisation: | NZ Law Commission |
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| 2017 | Finnigan v NZRFU Oral and Documentary Archive | $ 9,225.00 |
| Description | The purpose of this grant proposal is to fund three activities examining the case of Finnigan v New Zealand Rugby Football Union:
1. Processing documentary archival materials;
2. The collection of oral interviews and insights from participants in that case; and
3. The processing of those interviews into an accessible podcast miniseries.
This proposal is directed primarily at the collection and processing of oral and documentary historical materials. I intend to create a written and oral archive pertaining to the Finnigan case. The archive will be made available to the Alexander Turnbull Library. In order to ensure that the archive receives a wide audience for the purposes of legal education, I also intend to produce a podcast miniseries for general circulation. Although I intend to complete a written text in the future, this refined proposal will be completed as a standalone project. | | Applicant: | Sam Bookman | | Organisation: | Individual Application |
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| 2019 | Festschrift: Bruce Harris - Pragmatism, Principle and Power in Common Law Constitutional Systems | $ 7,082.00 |
| Description | Bruce Harris has left an indelible influence on public law in New Zealand and the common law world. He is known and respected for his work on articulating and defending the 'third source of authority for executive action, both challenging and reconceptualising the nature of government authority. He has also made contributions to judicial accountability, the role of the Governor-General and New Zealand's constitutional development.
This project will compile a collection of essays that engage deeply with Professor Harris's scholarship. It aims to advance, challenge, critique and evaluate Harris's contribution in a range of areas, moving public law forward in New Zealand and the common law world. The audiences for the collection include law and politics students, legal practitioners, judges, policy makers and other persons working in government, and legal academics. The influence of Professor Harris's work means it will also attract an audience in other common law jurisdictions. | | Applicant: | Dr Edward Willis | | Organisation: | Faculty of Law, University of Auckland |
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| 2015 | Festschrift for Emeritus Professor Peter Skegg | $ 7,850.00 |
| Description | Essays in honour of Emeritus Professor Peter Skegg celebrating his contribution to the Development of New Zealand Jurisprudence.
To mark the distinguished and exceptional contributions of Emeritus Professor Peter Skegg to legal scholarship and jurisprudence in New Zealand and internationally, the publication of essays in his honour will be organised and co-ordinated by the Faculty of Law at the University of Otago. Professors Skegg has had a preeminent and longstanding academic career, and is a prominent leading figure in his fields of research, writing and teaching.
| | Applicant: | Professor Mark Henaghan | | Organisation: | Faculty of Law, University of Otago |
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| 2015 | Festschrift for Emeritus Professor John Smillie | $ 7,850.00 |
| Description | Essays in honour of Emeritus Professor John Smillie celebrating his contributions to the Development of New Zealand Jurisprudence.
To mark the distinguished and exceptional contribution of Emeritus Professor John Smillie to legal scholarship and jurisprudence in New Zealand and internationally, the publication of essays in his honour will be organised and co-ordinated by the Faculty of Law at the University of Otago. Professor Smillie has had a preeminent and longstanding academic career, and is a prominent leading figure in his fields of research, writing and teaching.
| | Applicant: | Professor Mark Henaghan | | Organisation: | Faculty of Law, University of Otago |
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| 1996 | Feminist Law Bulletin | $ 6,650.00 |
| Description | Publication of a newsletter focussing on feminist legal issues | | Applicant: | Feminist Law Bulletin | | Organisation: | Feminist Law Bulletin |
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| 2015 | Feminist Judgments Project Aotearoa | $ 38,000.00 |
| Description | This is a dynamic and innovative project in which a group of scholars will write alternative judgments in a number of significant cases across a broad range of legal issues. These alternative judgments will operate both as a critique of common law method as well as a practical demonstration of how different ways of approaching a decision making task is possible.
This is a joint application by Elisabeth McDonald (Victoria University of Wellington) and Rhonda Powell (University of Canterbury). | | Applicant: | Dr Rhonda Powell and Assoc Professor Elisabeth McDonald | | Organisation: | School of Law, University of Canterbury |
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| 2019 | Farmed Animal Welfare Law in New Zealand | $ 25,000.00 |
| Description | This report will provide an in depth analysis of the legal standards regulating farmed animal welfare in New Zealand. We are concerned that there is a gap between the law as it is outlined in the Animal Welfare Act 1999 and how it is applied as a result of the operation of associated Codes of Welfare. In particular, pigs, egg laying chickens and broiler chickens are currently subject to the most severe forms of intensive confinement under current farming methods. Accordingly, the report aims to examine this apparent inconsistency and to identify reforms that would reconcile the Act and the Codes of Welfare. We aim to approach this research through adopting a traditional doctrinal research methodology and through collaboration with relevant stakeholders such as the Ministry for Primary Industries, Federated Farmers and the RNZSPCA. | | Applicant: | Ms Kari Schmidt | | Organisation: | New Zealand Animal Law Association Incorporated |
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| 1997 | Family Group Conferences: Participant Evaluation of Success | $ 15,412.50 |
| Description | Pilot study to determine wha constitutes "success" for all parties involved in the Family Group Conference process and to determine the questions/issues that need tobe addresssed inorder to evaluate successful outcomes. To develop and trial the procedures and instruments to be used in a study to determine the efficiency of Family Group Conferences. | | Applicant: | Dr Vivienne Adair | | Organisation: | Centre for Child and Family Policy Research |
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| 2016 | Family Court experiences (prior to 2014 changes) of Grandparents raising Grandchildren | $ 8,000.00 |
| Description | There are specific issues for the legal profession in working with generational disputes in the Family Court. This work will carry out a large study of grandparents who are bringing up their grandchildren and will survey 248 grandparents who have views on the Family Court as it operated prior to 2014, in particular exploring key themes such as access to justice, cost, court processes (especially length and timing), difficulties with mediation, and looking at whether there are indications that the new Family Court system provides a more effective resolution process than the old, from the perspective of the cohort of grandparents. While this study relates to the pre-2014 system, it has both informational and comparative value and will feed into the larger post-2014 reform study being undertaken by Otago University. | | Applicant: | Dr Liz Gordon | | Organisation: | Pukeko Research Limited |
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| 2017 | Exploring the regulatory regime of the 2012 Sale and Supply of Alcohol Act: A PROJECT CO-FUNDED WITH THE BORRIN FOUNDATION | $ 51,000.00 |
| Description | Following on from an earlier study, it is proposed to carry out an exploratory research project to examine the effects of the system of alcohol licensing brought in by the 2012 Sale and Supply of Alcohol Act. The focus will be on the process from the date of application to the date of approval or rejection of the application. The research question is stated as follows:
What are the strengths and weaknesses of the alcohol licensing system under the 2012 Act in terms of the object of the Act to minimise alcohol related harm in communities and ensure safe and responsible consumption, and is there need for a change in the law to improve the regulatory regime? The study will involve interviews with stakeholders, regional focus groups with applicants, regulators and submitters, and case law analysis of contested decisions 2014-17. The findings will be used to propose any changes needed in the application of the Act, including seminars and publication plus submissions to various agencies.
The Borrin Foundation is funding half of this project.
| | Applicant: | Dr Elizabeth Gordon | | Organisation: | Pukeko Research Limited |
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| 2011 | Expert witnesses under adversarial examination in criminal and family courts | $ 20,000.00 |
| Description | Qualitative research on experiences of expert witnesses in the field of child abuse as experts in court proceedings in criminal and family court hearings. Aim: to elucidate issues with expert witnesses especially testing of their evidence. | | Applicant: | Dr Emily Henderson | | Organisation: | Department of Psychology, University of Auckland |
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| 2004 | Expert Psychological Evidence in Sexual Abuse Trials | $ 65,000.00 |
| Description | 1. An analysis of the social, psychological and legal history that led to the 1989 amendment to the Evidence Act 1908 specifically s.23g.
2. The impact of those law changes on child sexual abuse trials in the years 1989-2004.
3. An examination of juror "common knowledge" in relation to child sexual abuse and the impact of expert evidence on jurors' understanding. | | Applicant: | Suzanne Blackwell, Doctoral Candidate [and Fred Seymour, Supervisor] | | Organisation: | Department of Psychology, University of Auckland |
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| 2019 | Expert Evidence about Memory in New Zealand Courts A PROJECT CO-FUNDED BY THE BORRIN FOUNDATION | $ 52,500.00 |
| Description | Expert evidence about memory has been proffered in New Zealand courts over the last 20 years. This has been contentious in terms of admissibility, relevance and helpfulness to fact finders. It largely relies on laboratory research in areas that may have very limited ecological validity in trials involving charges of child sexual abuse. The law is not yet settled in this developing area. This project examines case law in NZ and other common law jurisdictions, examines the briefs of evidence presented at trial and to the appellate courts, and describes in detail the research upon which they are based. The relevance of this research and the social justice implications of such evidence are presented and discussed. Whether jurors might require expert evidence about memory and in which specific aspect is also investigated and discussed. | | Applicant: | Suzanne Blackwell | | Organisation: | Individual Application |
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| 1997 | Evidence Project Consultation | $ 39,774.00 |
| Description | Consultation with the legal profession on the complete proposed Evidence Code, consisting of practical examples and a written questionnaire. Seminar programme would be run in 5 main centres. | | Applicant: | New Zealand Law Commission | | Organisation: | NZ Law Commission |
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| 2016 | Evaluation of the 2014 Family Law Reforms: Phase Two | $ 400,000.00 |
| Description | This application relates to the second phase of our evaluation of the 2014 family law reforms. Its primary purpose is to undertake a large-scale, nationwide mixed-methods research project exploring parents' and practitioners' perceptions and experiences of post-separation family resolution pathways regarding decisions about children's care arrangements post-31 March 2014. | | Applicant: | Professor Mark Henaghan | | Organisation: | Faculty of Law, University of Otago |
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| 2014 | Evaluation of the 2014 Family Law Reforms: Phase One | $ 56,600.00 |
| Description | This application relates to Phase One of a two-phase project to evaluate the Family Law reforms that took effect on 31 March 2014. This Phase is intended to develop the research strategy and methods for the larger scale mixed-methods empirical component of the evaluation (Phase Two). It will involve reviewing research literature and resources; ascertaining the availablity and accessibility of pre-reform data; consultation with key stakeholders and international experts; holding a workshop; and designing Phase Two of the project. | | Applicant: | Professor Mark Henaghan and Assoc Professor Nicola Taylor | | Organisation: | Faculty of Law, University of Otago |
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| 2017 | Evaluating the effectiveness of select committee processes in the parliamentary scrutiny of human rights | $ 88,530.00 |
| Description | The research proposal seeks to develop a deeper understanding of how the New Zealand legislature protects human rights with specific reference to select committees. It aims to evaluate their effectiveness in the current parliamentary scrutiny of human rights. This will allow an identification of the strengths and weaknesses of select committees as legislative institutions and of their processes. It will use an innovative, multi-stage methodology to analyse select committee scrutiny of civil, political, economic, social and cultural rights issues in bills.
Two over-arching research questions are proposed:
• What are the strengths and weaknesses of the human rights performance of New Zealand select committees?
• How can New Zealand improve parliamentary scrutiny of human rights through select committee processes?
| | Applicant: | Professor Judy McGregor | | Organisation: | School of Social Sciences and Public Policy, AUT University |
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| 1998 | Establishment of NZ Centre for Environmental Law | $ 14,660.00 |
| Description | "Creation of NZCEL research website
Production of NZCEL monograph
An Environmental Law public forum" | | Applicant: | New Zealand Centre for Environment Law | | Organisation: | Faculty of Law, University of Auckland |
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| 1993 | Establishment of a Waikato Law Review | $ 7,500.00 |
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| 2016 | Equality of Parties before International Investment Tribunals | $ 17,500.00 |
| Description | This project will subject to critical examination the problems confronted by international investment tribunals in ensuring equality of the parties appearing before them. It aims to make positive proposals to address the specific problems identified. | | Applicant: | Professor Campbell McLachlan | | Organisation: | Faculty of Law, Victoria University of Wellington |
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| 2016 | Environmental and eco-justice in New Zealand: rebalancing the scales | $ 40,000.00 |
| Description | The proposal is to write a short text on the legal development in New Zealand of a concept of eco- or environmental justice. The two concepts – eco-justice and environmental justice – converge on some aspects, and also have important historical differences. This will be discussed.
The text would be written in a conversational style for a general audience.
An overview of the legal framework, as well as the concepts, would be the book’s primary topic. However, it would do this with a focus on engaging public interest and making a case for how these issues are relevant; why they are interesting and important; and therefore, why we need law and the environmental justice system to be able to address them.
Expected length is around 30,000 words. Proposed completion date is November 2017. | | Applicant: | Claire Browning | | Organisation: | Individual Application |
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| 2020 | Ensuring the reliability of Forensic Science in New Zealand Criminal Courts A PROJECT CO-FUNDED BY THE BORRIN FOUNDATION | $ 65,711.00 |
| Description | This project will evaluate the state of forensic-science evidence in New Zealand criminal courts. It will ascertain whether the Evidence Act 2006 is sufficient to ensure the validity and reliability of the scientific evidence used in criminal trials in New Zealand. It will specifically review Section 25 of the Evidence Act in light of Shepherd v R, [2011] NZCA 666, which admitted as reliable a novel scientific technique involving facial mapping, and AM v R, [2017] NZCA 345, which excluded expert evidence purporting to assess the video tape of a witness interview to determine veracity as insufficiently scientifically valid. The project will identify any gaps in the current legal regime for screening forensic-science evidence. It will attempt to close those gaps by generating best-practice standards for the use of forensic evidence in New Zealand and proposing changes to the Evidence Act 2006 and/or the way the New Zealand appellate courts interpret it. | | Applicant: | A/Prof Carrie Leonetti | | Organisation: | Faculty of Law, University of Auckland |
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| 1995 | Duty Solicitors' Manual | $ 6,000.00 |
| Description | Production of a manual covering the Duty Solicitor Scheme | | Applicant: | New Zealand Law Society, CLE Department | | Organisation: | NZLS CLE Ltd |
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| 1995 | Development of a Guide and Model for Delivery of Family Mediation Services | $ 17,274.00 |
| Description | "To develop a co-operative model for legal and mental health professionals for the delivery of family mediation services. Work will be done by an inter-disciplinary group comprising Principal Family Court Judge, family lawyers, mediation experts, counsellors, and representatives of relationship services.
Aims to standardise service delivery and provide opportunity to ensure high standards of training, service delivery and ethics." | | Applicant: | Mediation Working Group, University of Canterbury | | Organisation: | Mediation Working Group, University of Canterbury |
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| 2020 | Developing the legal and policy framework for introducing a union default | $ 46,400.00 |
| Description | The previous NZLF-funded work looked at the legal architecture needed to support a union default and public support for such a default. This study builds upon this work by examining the conditions necessary to ensure the default's effectiveness and compliance with it. If a union default is going to work effectively, how can it be designed to enhance its usefulness to workers likely to benefit from it (workers desiring union membership)? Likewise, how can it be designed to minimise adverse effects on employers, carrying out the automatic enrolment, or anti-union workers wanting to opt out? Any law that enhances rights and freedoms needs to be accessible to those who would use it, and not impose unnecessary costs and inconveniences on others. Thus, we aim to examine how various conditions are likely to influence both a) the effectiveness of a union default and b) support for (compliance with) a union default. | | Applicant: | Professor Mark Harcourt | | Organisation: | Waikato Management School |
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| 2011 | Developing a legal system responsive to the needs of people with intellectual disability | $ 307,804.00 |
| Description | Young people and adults with intellectual disability (ID) continue to find it difficult to excercise their human rights and access the legal system. The extent to which people with ID are able to benefit from key legislation, or be active participants in legal processes is compromised by a widespread inability by legal professionals to identify or appropriately respond to ID. This project is designed to address this issue to improve outcomes for this vulnerable group. | | Applicant: | Dr Brigit Mirfin-Veitch | | Organisation: | Donald Beasley Institute |
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| 2011 | Delays in the Civil System | $ 12,000.00 |
| Description | A preliminary survey into the nature and extent of the problems caused by delays in the Civil System in NZ. The study will collate and analyse preliminary statistical data on the issues, identify potential causes and contributors to the problem and suggest an approach for a further, moe in-depth study. | | Applicant: | Legal Issues Centre | | Organisation: | Faculty of Law, University of Otago |
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| 2012 | Coroners' Recommendations 2007-2012: Do They Have The Potential to Save New Zealanders' Lives? | $ 137,861.00 |
| Description | This ground-breaking project will provide much-needed empirical data to inform the debate about whether law reform is required to enable Coroners to fulfill their statutory prophylactic function. This project will be the first to evaluate the rigour of coronial recommendations and the extent of their implementation and impact since the introduction of the Coroners Act 2006. Coroners' recommendations (from 2006 to Dec 2011) will be analysed, quantified and described and assessed against a specific class of preventable death to assess the extent to which recommendations save lives. | | Applicant: | Dr Jennifer Moore & Professor Mark Henaghan | | Organisation: | Faculty of Law, University of Otago |
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| 2009 | Conflict of Laws Database | $ 9,500.00 |
| Description | This is a request for funding for the final 25% of a project to create a fully searchable electronic database of existing resources for New Zealand Conflict of Laws. Most of the data has been captured and is ready to be transported into a database to be developed in conjunction with the Library, University of Auckland. | | Applicant: | Dr Elsabe Schoeman | | Organisation: | Faculty of Law, University of Auckland |
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| 2015 | Climate Change Impacts on Statehood for Atoll Nations and Potential Responsibilities for New Zealand | $ 78,537.00 |
| Description | Climate change is causing acute problems for low-lying small island developing nations. This project explores the issues and options for states, as legal persons at international law. There are two primary issues that the project will explore. The first is whether states can continue to exist in the absence of a permanent population and habitable territory, criteria traditionally considered necessary to establish statehood, and examines the incentives for New Zealand to develop a response to climate change displacement in the Pacific. The second issue relates to potential legal implications of the disappearance of atoll nations at international law. Specifically the project will examine whether this climate change scenario may impose obligations on neighbouring states such as New Zealand, to assist disappearing nations in retaining rights and duties at international law, or in ensuring the protection of their populations. Regarding the options aspect of this project, it will investigate legal arguments for enabling ex situ continuity of statehood and the policy issues that will arise for potential 'host' states. This enquiry is relevant for New Zealand as a key player in the Pacific region, where many of the most affected low-lying atoll nations are located, and with which it has special ties due to regional proximity, cultural links, and foreign affairs and security interests. The research will look at the legal and policy areas that would be most affected by an influx of migrants from the affected atoll nations, and present possible policy responses. Potential solutions at the international and national levels will better prepare New Zealand for the future. | | Applicant: | Alberto Costi | | Organisation: | Faculty of Law, Victoria University of Wellington |
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| 1996 | Civil Rights Handbook - 1997 Edition | $ 27,060.00 |
| Description | Funding for direct costs of producing and marketing 2000 copies of the 1997 edition of the Civil Rights Handbook. | | Applicant: | Legal Information Service Inc | | Organisation: | Legal Information Service Inc |
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| 1992 | Children's Rights in New Zealand Law | $ 14,500.00 |
| Description | An independent, integrated study of the rights of New Zealand children. Developing a research base to enable a considered, integrated response to the challenge presented by the increasing importance that will inevitably be attached to children's rights protection in NZ, primarily through the UN convention on the Rights of the Child. The research will examine the relationship between current law and practice and children's rights norms, and will examine the meaning given to children's rights within NZ communities. | | Applicant: | Graeme Austin | | Organisation: | Faculty of Law, Victoria University of Wellington |
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| 1996 | Children and Carers' Perceptions of Sexual Abuse Investigations and Litigation | $ 16,500.00 |
| Description | Project will investigate children's and primary carer's perception of the investigation and litigation process involved when a child alleges s/he has been sexually abused. The results will lead to practical recommendations for legal agencies and professionals. | | Applicant: | Dr Emma Davies | | Organisation: | Department of Psychology, University of Auckland |
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| 2000 | Childhood and Family Law | $ 42,555.00 |
| Description | "The project aims are:
- to carry out qualitative analysis of law judgments in 1990, 1994 and 1998, with respect to child development, and the influence of children's views.
- to review international literature on views of childhood, parenting and the law
- to develop a set a of policy and practice recommendations from Children's Issues Centre socio-legal research projects and the international literature about directions in family law in New Zealand
- to hold two national seminars for legal professionals and the public about the research and resulting recommendations." | | Applicant: | Professor Anne Smith, Children's Issues Centre | | Organisation: | Children's Issues Centre, University of Otago |
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| 2006 | Child Witnesses in the Criminal Justice System | $ 165,726.00 |
| Description | The research will track NZ's efforts to improve child witnesses' interactions with the criminal court from 1986 to the present day; identify current barriers to child victims' access to justice; and comment on possible future directions in the law and administration of the law on the basis of reforms and initiatives in other jurisdictions such as South Aftrica and Western Australia. This research project will result in the systematic collection and dissemination of information about child witnesses to inform discussions among the Judiciary, lawyers, Victims Advisors, police child abuse teams and evidential interviewers about how to improve the plight of child witnesses in the interests of the child and in the interests of justice. | | Applicant: | Dr Kirsten Hanna, Institute of Public Policy and Peter Dean, Meredith Connell | | Organisation: | Institute of Public Policy, Auckland University of Technology |
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| 2008 | Child Inclusion in Family Court Conciliation Processes | $ 14,800.00 |
| Description | A position paper on child inclusive dispute resolution in family law and a training resource for use by conciliation professionals who can implement the model. | | Applicant: | Jill Goldson | | Organisation: | Individual Application |
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| 2013 | Chief Justice Prendergast Biography | $ 11,000.00 |
| Description | The aim of this project is to complete and publish a biography of Chief Justice James Prendergast (1826-1921). Victoria University Press has agreed to act as my publisher. New Zealand Law Foundation support for this project will help with publishing costs and research assistance. | | Applicant: | Dr Grant Morris | | Organisation: | Faculty of Law, Victoria University of Wellington |
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| 2013 | BWB Treaty E-Collections | $ 15,000.00 |
| Description | In the shift to digital, New Zealand’s best research and scholarship remains largely out of reach for our public, school and tertiary libraries, presenting significant issues for education and scholarship. BWB e-collections represent an innovative response to these challenges, using the latest digital technology to make some of New Zealand’s best scholarship available to libraries, scholars and students. An e-collection focused on the Treaty of Waitangi is the subject of this application.
The titles included in this e-collection form a core body of knowledge about some significant legal aspects of our history and current times – the importance of law and negotiation about law lies at the heart of the Treaty history. Making this body of work available through public, legal, school and tertiary libraries, in a good digital format that libraries want, makes some important legal history available to the wider public. | | Applicant: | Bridget Williams Publishing Trust | | Organisation: | Bridget Williams Books Ltd |
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| 1995 | Book: Youth and the Law (2nd Edition) | $ 5,000.00 |
| Description | Funding for the salary of writer/editor for 4 months while preparing the second edition of the book Youth and the Law promoting legal education of students and members of the public generally. | | Applicant: | Legal Resources Trust | | Organisation: | Educational Resources Ltd |
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| 2015 | Best evidence - best practice: 'Benchmark' - A national online resource for legal professionals who work with vulnerable witnesses and defendants | $ 218,000.00 |
| Description | This project is intended to achieve broad and enduring impact through the development of an accessible online resource drawing together current information that can be used to assist legal professionals in their work with vulnerable children and adults. The project would be the first of its kind in New Zealand and Australasia, and has the potential to ameliorate an acknowledged gap in legal education unlikely to be addressed through the existing education pathways. | | Applicant: | Dr Brigit Mirfin-Veitch, Dr Emily Henderson, Dr Kristin Hanna and Dr Kate Diesfeld | | Organisation: | Donald Beasley Institute |
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| 2017 | Assessing the specialist sexual violence court pilot: A comparative analysis of adult acquaintance rape trials | $ 23,800.00 |
| Description | The aim of this research project is to assess aspects of the current pilot of a specialist sexual violence court. Specifically, the objective is to compare cases from the specialist court pilot with a nationally collected sample of ‘acquaintance rape’ cases from between 2010 and 2015. The focus of the proposed research is an analysis of the functional aspects of giving evidence as a complainant, examining the factors that make giving evidence in rape trials traumatising and assessing whether these factors are ameliorated by the trial processes of the Pilot, including by legitimate judicial control. | | Applicant: | Elisabeth McDonald | | Organisation: | School of Law, University of Canterbury |
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| 2011 | Assessing the impact of NZ's ratification and state receptivity of the major international human rights treaties | $ 163,124.00 |
| Description | Evaluating the impact of international treaty bodies on New Zealand's legislation, policy and practice and developing a methodology for future monitoring. | | Applicant: | Professor Judy McGregor | | Organisation: | Human Rights Commission |
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| 1996 | Artificial Intelligence Programmes In Legal Research - Phase II | $ 42,000.00 |
| Description | To develop artificial intelligence programmes in the area of law and especially related to intelligent processing and accessing of law cases | | Applicant: | Artificial Intelligence Research Laboratory | | Organisation: | Department of Computer Science, University of Otago |
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| 1994 | Artificial Intelligence Programmes in Legal Research - Phase 1 | $ 40,000.00 |
| Description | Fund salary of post-doctoral fellow to undertake research aiming to combine AI and Law to understand the judicial decision making process. Programmes to be tested by case law generated by the Family Protection Act. | | Applicant: | Artificial Intelligence Research Laboratory | | Organisation: | Department of Computer Science, University of Otago |
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| 2009 | Archiving our Culture in a Digital Environment: Does New Zealand Copyright Law facilitate effective digitisation practices in cultural institutions? | $ 26,219.00 |
| Description | Project will propose a framework for copyright law that will permit the ongoing and effective digital archiving of New Zealand's cultural heritage for future generations. Applicant will conduct empirical research at six heritage institutions to ascertain their current practices, what they would like to be able to do and whether copyright law assists or impedes these endeavours. | | Applicant: | Susan Corbett | | Organisation: | School of Accounting and Commercial Law, Victoria University of Wellington |
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| 2019 | Arbitrary detention of the intellectually disabled | $ 10,000.00 |
| Description | To examine the arbitrary detention of intellectually disabled and how detention is frequently imposed on a discriminatory basis - detaining those who are disabled primarily because of their disability if perceived to be dangerous, in contrast to other groups who are similarly dangerous, but who are not detained as they have no disabilities. This will be undertaken during a six month Fellowship at Harvard, and will have a special focus on those with a dual diagnosis of autism and intellectual disability, especially how such a diagnosis can be made given the difficulty of autistic persons to communicate. Articles and seminars will be produced based on the research. | | Applicant: | Tony Ellis | | Organisation: | Individual Application |
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| 2018 | Applying Forensic Brainwave Analysis (FBA) in the Criminal Justice System: Phase 2 - Verifying the reliability & accuracy of Dr Lawrence Farwell's FBA neuroscientific system, with analyses of relevant Legal, Ethical & Cultural Implications | $ 109,130.00 |
| Description | The proposed project builds on the results of the NZLF-funded 2016-2017 pilot project (The Brain Does Not Lie: the use of Forensic Brainwave Analysis and Neuroscience in Criminal and Civil Investigations. New Zealand Law Foundation, Grant 2016/43/6) and has the following aims:[1] Scientific verification of Farwell's FBA system: and [2] Legal, criminal justice, ethical and cultural implications: A focused analysis and assessment of the legal, criminal justice, ethical and cultural implications of each stage of the two verification experiments outlined in [1] above, and consideration of selected post-experiment implications, such as the utilization of existing laws to implement FBA in practice, policy considerations relevant to using FBA in police investigations, and the legal requirements for the admissibility of FBA in New Zealand courts. | | Applicant: | Professor Robin Palmer | | Organisation: | School of Law, University of Canterbury |
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| 2017 | Animal Welfare Law in New Zealand: oversight, compliance and enforcement | $ 47,720.00 |
| Description | Our proposed research will assess the current approach to the oversight, detection and prosecution of animal welfare offending in New Zealand. | | Applicant: | Marcelo Rodriguez Ferrere | | Organisation: | Faculty of Law, University of Otago |
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| 2010 | Analysis of the Youth Justice Family Group Conference - 25 years on - "New Zealand's Gift to the World" | $ 32,700.00 |
| Description | Publish an up to date and research-based text focusing on the youth justice Family Group Conference process, examining actual cases and talking with those involved and assessing its effectiveness 21 years on. | | Applicant: | The Henwood Trust | | Organisation: | The Henwood Trust |
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| 2014 | Analysis of the Trans-Pacific Partnership Agreement from a NZ Perspective | $ 30,000.00 |
| Description | Funding is sought to support ongoing research into the proposed Trans-Pacific Partnership Agreement to promote informed debate within New Zealand; in particular, continued attendance during negotiating rounds to monitor and report to diverse New Zealand communities on developments affecting New Zealand. Research assistance will support rapid expert analysis of the final text if the negotiations are concluded to enable informed debate and submissions to the select committee that reviews the treaty. | | Applicant: | Professor Jane Kelsey | | Organisation: | Faculty of Law, University of Auckland |
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| 2011 | An investigation into youth justice practice: rights and welfare | $ 14,275.00 |
| Description | The University of Auckland Faculty of Law has been conducting researchinto the extent to which Youth Court processes in Aotearoa/New Zealand protect and promote young people's due process and welfare rights. Current funding from the University of Auckland faculty research and development fund has allowed us to conduct 53 interviews with Youth Court personnel (judges, lawyers, and police) and code and interrogate transcripts in respect of approximately 65% of the data collected. Continuing this reserach will involve coding, managing storing, interrogating, and analysing the remaining 35% of the data contaied in 1156 pages of transcribed semi-structured interview data. This will enale the principal researcher to prepare relevant reports and papers for wide dissenination throughout Aotearoa/New Zealand. | | Applicant: | Alison Cleland | | Organisation: | Faculty of Law, University of Auckland |
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| 2019 | Adversarial lawyering in the Family Court Is there another way to act A PROJECT CO-FUNDED BY THE BORRIN FOUNDATION | $ 55,684.00 |
| Description | Recent reviews of the Family Court are again identifying adversarial lawyering as one of its major hindrances, especially in meeting the needs of children. However, there is a huge lack of research and discussion of adversarialism in the Family Court and whether there are alternative ethical frameworks for lawyers. This study explores the possibility of moving the Family Court away from adversarialism towards a wider view of lawyers' ethical duties, encompassing children's interests. It uses (a) a review of philosophical literature discussing legal ethics in the criminal and Family Courts, (b) a comparative literature review of systems in other jurisdictions and professions and (c) a qualitative interview study of 20+ NZ lawyers and judges in 3 centres nationally. The study, led by highly experienced researchers, is the first of its kind nationally and internationally, and is particularly timely given the governmental re-evaluations of the Family Court currently underway. | | Applicant: | Dr Emily Henderson | | Organisation: | Individual Application |
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| 1995 | Access and Other Post-Separation Issues: A Qualitative Study | $ 49,555.00 |
| Description | The study aims to examine access arrangements following separation from the perspective of chilldren, custodial and non-custodial parents, lawyers and Family Court personnel with a view to identifying the variables which made access work best for participants, especially the children. This is an in-depth qualitative study based on a sample of 16 Otago families which will act as a precursor for a major national study in 1997. | | Applicant: | University of Otago, Children's Issues Centre | | Organisation: | Children's Issues Centre, University of Otago |
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| 2018 | A Union Default Policy to Reduce Inequality: How Effective and How Acceptable? | $ 30,000.00 |
| Description | A default is the option that automatically occurs when a decision-maker has not actively exercised a choice. Non-union is the default in our employment law system: workers who want union representation must �opt in� to union membership. The Fair Pay Agreements Working Group is likely to consider recommending that union membership be the default instead.
This study has three aims. The first is to determine, via consultations with lawyers, judges, and academics, what union defaults would work and be enforceable. The second is to determine, via a series of experiments, the extent to which various union defaults enacted in law (opting in rather than opting out of membership) are likely to increase union membership. The third is to determine, via surveys, the extent to which the public is likely to support various union defaults enacted in law.
| | Applicant: | Professor Mark Harcourt | | Organisation: | Waikato Management School |
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| 2010 | A Simple Nullity? The Wi Parata Case in New Zealand Law and History | $ 10,000.00 |
| Description | Author David Williams and Publisher Auckland University Press seek a grant to help publish a book on the crucial Wi Parata case - its history and significance for law and policy. | | Applicant: | Professor David Williams & Auckland University Press | | Organisation: | Faculty of Law, University of Auckland |
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| 2011 | A Pilot Evaluation of Problem-Solving Courts from a NZ Perspective | $ 66,450.00 |
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| 1998 | 125th Anniversary Oral History Project | $ 12,000.00 |
| Description | An oral history comprising interviews with seven Otago practitioners and legal support staff as the foundation for an exhibition to commemorate the 125th anniversary of ODLS | | Applicant: | Otago District Law Society | | Organisation: | Otago District Law Society |
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| 1992 | 'DNA Evidence - How Reliable Is It?' | $ 3,600.00 |
| Description | Research into the procedures involved in single locus, multi-locus, and polymerase chain reaction DNA profiling. | | Applicant: | Mr Cameron Price | | Organisation: | Faculty of Law, University of Otago |
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| 2012 | Fossil fuel subsidy reform: a New Zealand perspective | $ 31,075.00 |
| Description | A comprehensive survey and critical analysis of the genesis, policy rationale, legal and policy implementation undertaken by and on behalf of the New Zealand government in the international and domestic spheres in relation to fossil fuel subsidy reform. | | Applicant: | Vernon Rive | | Organisation: | School of Law, AUT University |
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