Journal of South Pacific Law (2008) Vol. 12 No. 1

Introduction iii

Articles

Accessing Rights and Protections Under the HIV/AIDS Management and Prevention Act in New Guinea: Making a case for granting a limited jurisdiction to the Village Courts Genevieve Howse 1

Costs and Benefits of Adopting and Implementing New International Standards for the Operation and Regulation of the International Financial Services Sector in Sunita Bois-Singh 17

Comments

Correction to an Article by Miranda Forsyth in the Journal of South Pacific Law Ken Averre 39

Conference Proceedings

Conference Programme 42

The Future of Law in the South Pacific Anita Jowitt 43

Who are the Indigenous Peoples of Canada and ? Natalie Coates 49

The Resistance of the New Zealand Legal System to Recognition of Maori Customary Law 56 John Dawson

Issues with Land Reform in Vanuatu Ralph Regenvanu 63

Racial Discrimination in Swastika Narayan 68

i Restricting the Freedom of Movement in Vanuatu: Custom in conflict with human rights Parkinson Wirrick 76

Discretion in the New Zealand Criminal Justice System: The position of Maori and Pacific Islanders Alex Latu and Albany Lucas 84

Customary Reconciliation in Sentencing for Sexual Offences in Vanuatu Arthi Bandhana Swamy 94

Should Prostitution be Decriminalised in the Pacific? The pros and cons Mathew Lemisio 101

A Maori Right to Own and Manage National Parks? Jacinta Ruru 105

Ratu Epeli Kanakana v AG for Fiji (The Suvavou Case): Blending equitable relief with judicial review Kenneth Chambers 111

Notes and Reviews

Goodhew v Goodhew [2007] SBHC 140: Towards a South Pacific jurisprudence? Sue Farran 120

Ifira Trustees Ltd v Family Kalsakau [2006] VUCA 23; Vanuatu Copra and Cocoa Exporters Ltd v Maison De Vanuatu [2007] VUCA 24: Two instructive cases for ministers of government, their political advisers, and public servants Don Paterson 128

Kalotiti v Kaltapang [2007] VUCA 25 & Ratua Development Ltd v Mathew Ndai And Others [2007] VUCA 23: Two disturbing customary land cases Don Paterson 138

Mariango v Nalau [2007] VUCA 15: Compensation for contributions to property by de facto partners Don Paterson 150

Cover image Island feast: this edition has no theme, but instead offers an island feast of different law ideas.

ii INTRODUCTION

This edition of the Journal of South Pacific Law contains the usual sections of articles, comments, and notes and reviews. In addition it is being used to publish the conference proceedings of the Otago/University of the South Pacific Staff/Student Conference held on 30 June and 1 July at the University of the South Pacific, Emalus Campus. This conference was part of a week long academic exchange trip between the instititutions, which was part funded by the Pacific Cooperation Foundation. Anita Jowitt General Editor

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