6 SECONDARY MATERIALS
The format for citing texts is as follows:
|
Element |
Author |
Title |
Edition |
Publisher |
Place of publication |
Year of publication |
Pinpoint citation |
|
Example |
Ross Carter |
Burrows and Carter Statute Law in New Zealand< |
(5th ed, |
LexisNexis, |
Wellington, |
2015) |
at 311 |
|
Rule |
Eg Ross Carter Burrows and Carter Statute Law in New Zealand (5th ed, LexisNexis, Wellington, 2015) at 311.
Eg Andrew Butler and Petra Butler The New Zealand Bill of Rights Act: A Commentary (2nd ed, LexisNexis, Wellington, 2015).
Eg Roger Fenton Garrow and Fenton’s Law of Personal Property in New Zealand (7th ed, LexisNexis, Wellington, 2010) vol 2 at [2.2.20].
(a) Naming authors
Give the author’s name in the form used in the article or book that is being cited. If initials are used, do not separate these by spaces.
Eg Patricia Londono, David Eady and ATH Smith Arlidge, Eady & Smith on Contempt (5th ed, Sweet & Maxwell, London, 2017) at [3-85].
Ensure that the same author is referred to consistently throughout the whole work. Where the form of the author’s name differs between the cover and the title page of a text, give the name according to the form used on the title page.
(b) Anonymous authors
Where no author is given, begin the citation with the text’s title.
(c) Honorifics
When referring to authors in a footnote, do not include titles, honorifics or post-nominal titles, for example, “Sir”, “Dame”, “Prof”, “Dr” or “QC”.
Eg Geoffrey Palmer Unbridled Power? An interpretation of New Zealand’s constitution and government (Oxford University Press, Wellington, 1979).
The only prefixed titles that should be included are peerage titles (including when referring to Law Lords) and the courtesy title “Lord” or “Lady” in the case of Justices of the Supreme Court of the United Kingdom (see rule 1.1.6(d)(ii)).
Eg Lord Goff and Gareth Jones The Law of Restitution (7th ed, Sweet & Maxwell, London, 2007).
(d) Judges in an extrajudicial role
Refer to judges writing extrajudicially simply as “Roger Smith” and not as “Justice Smith” or “Smith J”.
Eg Grant Hammond Judicial Recusal: Principles, Process and Problems (Hart Publishing, Portland, 2009).
The exception is Justices of the Supreme Court in the United Kingdom and Law Lords who should be referred to as “Lord” or “Lady”.
Eg Lord Denning The Discipline of Law (Butterworths, London, 1979).
(e) Multiple joint authors
If there are two or three joint authors of a book, include the names of all authors, with the names of the last two authors separated by an “and”.
Eg Peter W Hogg, Patrick J Monahan and Wade K Wright Liability of the Crown (4th ed, Carswell, Toronto, 2011).
If there are more than three joint authors, note the name of the first-listed author followed by “and others”.
Eg Richard Mahoney and others The Evidence Act 2006: Act & Analysis (3rd ed, Brookers, Wellington, 2014).
(f) Texts where each chapter has an identified author
Cite texts where each chapter has an identified author in accordance with rule 6.2 where a particular chapter of the book is being referred to.
Eg Michael Taggart “Rugby, the Anti-apartheid Movement, and Administrative Law” in Rick Bigwood (ed) Public Interest Litigation: New Zealand Experience in International Perspective (LexisNexis, Wellington, 2006) 69 at 81.
Cite texts where each chapter has an identified author as a text in accordance with this rule (rule 6.1) where the book is being referred to generally, that is where no particular chapter is being specifically referred to.
Eg Peter Blanchard (ed) Civil Remedies in New Zealand (2nd ed, Brookers, Wellington, 2011).
(g) Editors
If there is a named editor or general editor, use that name followed by “(ed)” or, if there is more than one, “(eds)”. Where there is a hierarchy of editors, for example a general editor and contributing editors, refer to the most senior editor(s) (usually listed first on the title page).
Give the title in italics with spelling and capitalisation as it appears on the title page of the book (unless the original is in all capitals, in which case capitalise only the first letter of significant words). Remove any full stops indicating abbreviation in accordance with rule 1.1.2.
Eg Matthew Smith NZ Judicial Review Handbook (2nd ed, Thomson Reuters, Wellington, 2016).
A subtitle may be preceded by a colon if it is not preceded by any punctuation mark on the title page. If the title contains a colon, a subtitle may be preceded by an en dash (–). The keyboard shortcut for an en dash on Windows computers is “Ctrl + -” (where “-” is the minus symbol) and on Apple computers “Option + -” (where “-” is the hyphen symbol).
Give the edition of the text actually being cited. If there has been only one edition of the text or if referring to an old edition that happens to be the first, omit reference to the edition number. Do not write “1st ed”.
Eg FAR Bennion Statutory Interpretation (Butterworths, London, 1984).
Indicate the edition number by giving it in numerals followed by “st”, “nd”, “rd” or “th” as appropriate (not in superscript), a space and then “ed” (short for edition).
The edition number is followed by a comma.
Eg Diggory Bailey and Luke Norbury Bennion on Statutory Interpretation (7th ed, LexisNexis, London, 2017).
Give the name of the publisher if it is known, followed by a comma. Exclude information about the type of business entity that the publisher is. For example, do not include “Limited”, “Ltd”, “plc” or the like.
Eg Greg Kelly and Chris Kelly Garrow and Kelly Law of Trusts and Trustees (7th ed, LexisNexis, Wellington, 2013).
NOT Greg Kelly and Chris Kelly Garrow and Kelly Law of Trusts and Trustees (7th ed, LexisNexis NZ Ltd, Wellington, 2013).
(a) Multiple places
Include the place of publication, followed by a comma. If more than one office of the publisher is listed, cite only the location of the publisher’s main office.
(b) Common names
If there is more than one place commonly referred to by a particular name, include a further identifier.
Eg James Boyle Shamans Software and Spleens: Law and the Construction of the Information Society (Harvard University Press, Cambridge (Mass), 1996).
(c) Obscure places
If the place of publication is not well known internationally, it may be appropriate to provide further identifying information in round brackets.
Eg JD Heydon, MJ Leeming and PG Turner Meagher, Gummow and Lehane’s Equity: Doctrines & Remedies (5th ed, LexisNexis Butterworths, Chatswood (NSW), 2015).
When citing a multi-volume work that was published over a range of years include the first and last year if the work is complete. If the publication is still in progress, include the first year and an en dash (–).
(a) Generally
A pinpoint reference may be to a page or, if the text has numbered paragraphs, to a paragraph. Use whichever provides the most direct reference. If the relevant paragraph spans several pages, cite to the page. If the paragraph is less than a page, cite to the paragraph.
Eg Peter Watts Directors’ Powers and Duties (2nd ed, LexisNexis, Wellington, 2015) at 164.
Eg JD Heydon and MJ Leeming Jacobs’ Law of Trusts in Australia (8th ed, LexisNexis Butterworths, Chatswood (NSW), 2016) at [1206].
(b) Chapters
When referring to a numbered chapter of a book, “chapter” is abbreviated to “ch”.
Eg Peter Spiller The Disputes Tribunals of New Zealand (2nd ed, Brookers, Wellington, 2003) at ch 1.
(c) Multi-volume works
If the book contains more than one volume, give the number of the volume being cited after the year of publication.
Eg HG Beale (ed) Chitty on Contracts (32nd ed, Sweet & Maxwell, London, 2015) vol 2 at [38–033].
(d) Footnotes
When giving a pinpoint reference to a footnote or endnote, give the reference to the paragraph or page in which the footnote or endnote appears followed by a comma and “n x” where “x” is the number of the footnote or endnote.
Eg Andrew Burrows The Law of Restitution (3rd ed, Oxford University Press, Oxford, 2011) at 189, n 92.
(a) eBooks also available in hardcopy
Many legal texts, and other hardcopy books, are available in eBook format. Cite eBooks that are also available in hardcopy in accordance with rule 6.1.
These eBooks will often include page numbers determined by the device on which they are read. These can vary between devices and cannot be used for pinpoint references. Some devices will display both sets of page numbers.
When paragraph numbers are given, use those for pinpoint references. In the absence of paragraph numbers, use the original page numbers if they are provided. When the original page numbers are not given, or it is not clear whether a page number is original, the pinpoint reference should be determined by recourse to the hardcopy where possible.
Eg Geoffrey Robertson The Case of the Pope: Vatican Accountability for Human Rights Abuse (Penguin Books, London, 2010) at [94].
Eg Philip A Joseph “The Rule of Law: Foundational Norm” in Richard Ekins (ed) Modern Challenges to the Rule of Law (LexisNexis, Wellington, 2011) 47 at 53.
(b) eBooks not available in hardcopy
Some eBooks are only available electronically. Cite such eBooks as closely as possible with rule 6.1. Indicate that the text is an eBook by writing “eBook ed” after the edition number and before the name of the publisher. Omit the place of publication.
Eg Paul Grussendorf My Trials: What I Learned in Immigration Court – Inside America’s Deportation Factories (2nd ed, eBook ed, eBooks by Barb, 2011).