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Criminal Law in Aotearoa, New Zealand
"Criminal Law in Aotearoa New Zealand is a textbook that sets out and discusses fundamental principles of criminal law, a selection of criminal offences and defences, and the law governing who can be held liable when an offence is committed. Importantly this text locates legal doctrine in the context of the constitutional foundations of the criminal justice system in contemporary Aotearoa, including the collision of two ancient and very different traditions of justice - tikanga Māori and the English common law. After acknowledging the limitations of state law as a vehicle for tikanga and therefore the transformational change that will be required to give expression to Article 2 of Te Tiriti o Waitangi for Māori, the book distils the basic legality principles that should guide the common law development of criminal doctrine in Aotearoa New Zealand going forward. Throughout the book questions are asked about the legal doctrine that is discussed - these questions are aimed at deepening thought about what the shape of the criminal law should be in the unique context of Aotearoa New Zealand"--Publisher information.
Conversations About Indigenous Rights
The UN declaration on the Rights of Indigenous peoples is a deeply significant document. This book reflects on the tenth anniversary of the UN General Assembly's adoption of the Declaration and examines its relevance in New Zealand. It shows the strong alignment between the Treaty of Waitangi and the Declaration, and examines how the Declaration assists the interpretation and application of Treaty principles of partnership, protection and participation. Starting from a range of viewpoints and disciplines, the authors agree that in Aotearoa New Zealand the journey to full implementation is now well underway, but warn that greater political leadership, willpower, resources and a stronger government commitment is needed.
Handbook of Indigenous Public Policy
This ground-breaking Handbook explores the key legal, political and policy questions concerning the implementation of Indigenous rights across the world. Expert contributors analyse the complex dynamics of contestation, engagement, advocacy and refusal between governments and Indigenous Peoples, presenting a profound challenge to mainstream policy scholarship.
The Structural Limits of the Law
This book examines how, in response to crises, law tends to construct singular ‘events’ that obscure the underlying structural causes that any adequate response needs to acknowledge and address. Litigation is the main legal process that constructs events through a narrative that describes what happened and prescribes what should happen. Courts are theatres with competing stories and intense controversies. The legal event is compelling. But, through the examination of several cases from a range of jurisdictions, this book argues that the ability to construct and reconstruct legal events is so strong, appealing, and powerful that it limits our ability to engage in structural analysis. The ...
The Land is Our History
This book chronicles the extraordinary story of indigenous activism in the late twentieth century. Taking their claims for justice to law, indigenous peoples transformed debates about national identity and reframed the terms of belonging in settler states. - from the back cover.
New Zealand Yearbook of International Law
The New Zealand Yearbook of International Law is an annual, internationally refereed publication intended to stand as a reference point for legal materials and critical commentary on issues of international law. The Yearbook also serves as a valuable tool in the determination of trends, state practice and policies in the development of international law in New Zealand, the Pacific region, the Southern Ocean and Antarctica and to generate scholarship in those fields. In this regard the Yearbook contains an annual ‘Year-in-Review’ of developments in international law of particular interest to New Zealand as well as a dedicated section on the South Pacific. This Yearbook covers the period 1 January 2016 to 31 December 2016.
A Question of Adoption
A Question of Adoption gives a richly detailed, immensely readable account of the ideology and practice of closed stranger adoption in New Zealand, from pregnancy through to the final adoption order and its aftermath. Anne Else’s scrupulous, moving narrative explores social and moral attitudes towards ‘unmarried mothers’, ‘unwanted children’ and ‘childless couples’ during the 1950s and 1960s. She shows how the resulting system took shape, how it worked (or failed to work), and its lifelong effects on everyone involved, then sets out how and why change began to occur. This new e-book edition, written with Maria Haenga-Collins, includes seven ground-breaking new chapters providin...
New Zealand Yearbook of International Law
The New Zealand Yearbook of International Law provides legal materials and critical commentary on issues of international law, addressing trends, state practice and policies in the development of international law in New Zealand, the South Pacific, Antarctica and globally. This Yearbook covers the period 1 January 2018 to 31 December 2018.
UNDRIP Implementation Comparative Approaches, Indigenous Voices from CANZUS.
Fitzgerald provided the history of the development of CIGI's first two special reports on the implementation of the UN Declaration, using the theme of braiding international, domestic and Indigenous peoples' own laws in the implementation process. [...] She examined the Iwi Monitoring Mechanism (IMM), which is an Indigenous mechanism that monitors the implementation of the UN Declaration, arguing that the IMM serves to promote the right of self-determination in the process of implementing the UN Declaration. [...] Andrew Erueti provided a historical overview of the development of the UN Declaration, the theoretical and political tensions between a human rights model and a decolonization mode...
