The arrival of Europeans in Aotearoa brought about an inevitable clash between the laws and values of Maori societies and those of the newcomers. Like a subduction zone between two tectonic plates, each pressing against the other, this clash led to ruptures, often with long-term consequences. This...
Rape Myths as Barriers to Fair Trial Process opens the courtroom door on rape trials to investigate how and why they re-traumatise complainants. Despite decades of targeted law reform, adult complainants still report that the process of being a witness is a significant point of re-victimisation....
Whom do we prosecute? For what kinds of offences? Why? And with what results? Equally importantly, when and why do we forgo this response in the face of clear evidence of illegal behaviour? Who makes (and who should make) such decisions? And how effectively do we hold them accountable for them? How...
The Rt Hon Judge Sir Kenneth Keith ONZ KBE QC is one of New Zealand's most eminent jurists. This collection of essays marks his retirement from the New Zealand Supreme Court, honours his distinguished career as academic, law reformer, legal advisor, international advocate and judge, and celebrates...
The internet has transformed creative and innovative pursuits for economic gain or otherwise. Yet flow-on complications around intellectual property (IP) law and related regulation have not taken full advantage of the benefits offered by the internet: collective creativity, information sharing,...
In a series of backroom negotiations in 1956, the National Government and Labour Opposition agreed to put aside adversarial politics temporarily and entrench certain significant electoral rules. For any of these rules to be amended or repealed, Section 189 of the Electoral Act (now Section 268 of...
The ability to make decisions and take actions that influence our life is critically important and ranges from simple everyday choices about what to have for breakfast, to far-reaching decisions about health care, personal or financial matters. When our ability to make our own decisions is...
BUSTED looks at the intriguing world of Investigating numerous complex cases in New Zealand and how technology has helped (and sometimes hampered) successful outcomes. It’s an eclectic collection of stories to show you the real world of a private investigator or PI – the warm, fuzzy jobs, the ugly...
As Minister for Treaty of Waitangi Negotiations from 2008 to 2017, Christopher Finlayson completed an unprecedented number of settlements with iwi. In 2012 alone, Parliament passed more Treaty legislation than it had over the previous twenty years. Christopher Finlayson gained unique insight into...
The public wanted more so New Holland listened and are following on with 24 more stories.. • All cases occurred in New Zealand. • Author, Ron McQuilter, reveals tricks of the trade, the mysteries he has solved, the characters he has meet and the bizarre circumstances he has found himself in. AUTHOR...
Dealing with a relationship breakdown, custody dispute or other family or whanau crisis can be an overwhelming, emotional and stressful experience. The last thing you need is to be thrust into the unfamiliar territory of the family court system without a clue about how to navigate it. The New...
For more than 35 years, those working in the New Zealand criminal justice system have been concerned about the experience of women victims of sexual violence who testify in court as complainants. Many changes introduced in 1986 impacted positively on the experience of complainants in cases of...
The Mental Health (Compulsory Assessment and Treatment) Act turns 21 this year - how is it used, and does it need to change? New Zealand's Mental Health Act in Practice constitutes a thorough, non-governmental review of the workings of the Act. It provides a rounded portrait of the implementation...
Regulation, whatever its shape or form, is integral to the lives of all New Zealanders. As ongoing problems such as the leaky homes saga show, badly designed and poorly implemented regulation can cost the taxpayer millions. Framing the Commons is a product of the Regulatory Reform Project, a $1.85...
James Prendergast is the most infamous figure in New Zealand's legal history, known mainly for his condemnation of the Treaty of Waitangi as "a simple nullity" in 1887. But during his lifetime Prendergast was a highly respected lawyer and judge. He was arguably New Zealand's dominant legal...
Calls for changes to the trial process in rape cases, including removing the jury as decision-maker, have been consistent over time and across jurisdictions. Victims and survivors of sexual violence, their supporters, law reformers, researchers and academics from many disciplines have advocated for...
The high level of family violence in Aotearoa New Zealand presents a systemic and resistant challenge for the criminal justice system. While much legal and social-science research focuses on the prevention of, and response to, family violence, there is a noticeable dearth of work examining the...