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A year in Review | 2011

The rights stuff Rabinder Singh QC, Associate Petra Professor Butler

In August Victoria University hosted earn rights, rather that they exist in sheer conflicting, but rather they are often mutually humanity and can be neither gained nor lost. supportive ideals. The New Zealand Bill of Rights He also noted that they are drafted as secular He concluded that human rights legislation has a 21st Birthday Celebrations values. They are not founded on appeals to humanising effect and needs to be mainstreamed religion as a basis. Instead, they are grounded in into all areas of the law. Conference. empathy and common compassion. They are A core theme of the conference was how this ultimately Kantian in nature, considering people mainstreaming can be achieved. This issue was ill of Rights academics from New as ends, not means. They are the ultimate Zealand and overseas attended this event the topic of a paper delivered by Andrew Butler B consideration of others as our self, a concept of on the first day of the conference. In it, he to discuss, for two days, the future of the Bill of moral philosophy as old as humanity. Rights in New Zealand. considered how mainstreaming has been To support this, Singh cited Roma Rights where adopted overseas more than it has in New These sessions were followed each day by public Lord Steyn noted fundamental human rights are Zealand, where there is a perceived split between lectures, one by Rabinder Singh QC and the not only legal rights, but also ethical values of policy and human rights. One of his comments other by Professor Janet McLean. A primary far wider application than the law of any was that for mainstreaming to be achieved there theme of the conference was the mainstreaming jurisdiction. needs to be a public culture of human rights. of the Bill of Rights Act into all spheres of legal reasoning and the uptake of recognition of A common criticism of human rights is that Janet McLean continued the topic of cultural rights by the community. The conference was they are fundamentally undemocratic. However, uptake the day after with her public lecture on flavoured with realism and pragmatism about Singh suggested that human rights and the Bill of Rights and Constitutional the state and the future of the Bill of Rights in democracy are two concepts that both stand for Conventions. Her thesis is that New Zealand has New Zealand. everyone counting, but no one counting more become too concerned with written than anyone else. That, as Baroness Hale said in constitutional arrangements and, in doing so, In the first public lecture, Rabinder Singh spoke Ghaidan v Mendoza, “democracy values has lost the power of convention and moral about the moral force of the United Kingdom everyone equally even if the majority does not”, politics. This, she suggested, is due to the peer Human Rights Act. He began by situating the and that to not value people equally is a scourge pressure of a world in which the norm is to have United Kingdom Human Rights Act, and more on society and a waste of talent. the law contained in formal documents. generally human rights, within the broader context of society. His first point was that the Further, that the Courts are not taking powers, A victim of this culture of constitutionalism is Human Rights Act starts with the statement that but applying democratically enacted primary the understanding of what convention is. These all human beings are born into rights. This does legislation. Therefore, he concluded, it is wrong days it is taught to be like positive law. It is not mean all men are born free, or that people to consider democracy and human rights as treated as the positive creation of Dicey, as if it

2 V.Alum 2011 Associate Professor Associate Petra Professor Butler Janet Professor McLean Rabinder Singh QC

did not exist before his day. Her concern was there have been changes to remove the blanket paper on the history of the Bill of Rights and the that human rights law has become the same, ban on prisoners’ voting. culture of constitutional interest by the public. something in the grasp of a culture of While he too emphasised the importance of Comparably, in New Zealand, 27 of the 57 constitutionalism and is seen as protected cultural uptake by society, he warned against section 7 reports have been negative. Janet within the sole territory of the Bill of Rights Act relying on convention and strongly considered McLean argued that they are not treated rather than in convention, regulation and the constitutional legislation better at protecting seriously enough. There has been both under culture of the society. people from the excesses of power. He warned and over reporting and the discussion is too that convention is only as strong as it is She explored conventions surrounding the much focused on the merits of the report rather regarded, and people in power often have little Human Rights Act in the United Kingdom and than the fundamental human rights at issue. regard for any restriction on what they want. compared them to New Zealand’s conventions. There is also a rising concern that a negative Section 19 of the United Kingdom Human section 7 report has become a badge of honour This theme continued into whether there should Rights Act is comparable to section 7 of the Bill for the Government; it is seen as a sign that the be more rights added to the Bill of Rights. Two of Rights, in that it provides for reporting to Government is being tough. discussed were property rights and privacy Parliament of potential Human Rights Act rights. This merged back into the theme of These conventions and cultural norms are violations. She noted that a negative section 19 mainstreaming by looking at how adding these fundamental to human rights worldwide, report is considered a very serious matter to the would aid development of these fields of law in possibly even more so than the primary British legislature. She noted that Bills that have light of human rights. Even as a backstop that is legislation. Seventy percent of the cases to the been returned with negative section 19 reports utilised rarely, rights provide assurance for the European Court of Human Rights involve repeat have also been returned to the Human Rights courts and for the development of new common applications and 800 of these cases were for Review Committee as many as three times. In law and convention. failed remedy. A large proportion of these cases every case so far, a negative section 19 report come from the old Soviet bloc, from nations The conference covered a lot of ground in two has resulted in the Bill being changed. that accept the positive law supporting human days. There was consensus about how far New Respect for human rights has been at issue with rights, but lack the culture of respect for human Zealand has come in the past 21 years and the recent events surrounding prisoner voting rights. Rights without remedies are agreement that there is still a way to go, rights. David Cameron stated that he was meaningless, and it is convention within the particularly concerning the need for physically sickened by Strasburg’s ruling that a sovereign state that protects remedies. mainstreaming human rights into all areas of blanket ban on prisoners voting was a violation law and society. One of the core themes of Janet McLean’s of human rights. A motion was passed that the lecture was the extent to which human rights Kent Newman United Kingdom would not follow the Strasburg law should be contained within primary ruling. However, even with all of this rhetoric, legislation. Sir Geoffrey Palmer delivered a

Victoria University of Wellington | Faculty of Law www.victoria.ac.nz/law 3 A year in Review | 2011

NZCIEL conferences ‘Trade, intellectual and property the assets knowledge of indigenous peoples: the developmental frontier’ Bottom left: David Professor A Wirth Bottom right: Sean Hughes ‘Enhancing Stability in the International Economic Order’ left to Top, right: Virginia Lewis, Meredith Falks, Houlton Fassau Bottom, left to right: Peter Drahos, Professors Susy Frankel, Ruth Okediji, Daphne Zografos

During the past 12 months, the about developing locally-driven enterprises Essays developed from the conference will be based on traditional medicines in “Kuuku I’yu’. published by ANU E Press in early 2012 in a New Zealand Centre of International volume edited by Peter Drahos and Susy Frankel Following on from the presentation of the entitled Indigenous Peoples’ Innovation: IP indigenous peoples’ experiences in developing Economic Law (NZCIEL) hosted two pathways to development. their communities’ knowledge, several legal conferences – one on indigenous scholars then discussed international and n response to the troubled financial peoples and the other in response to national law and policy about the protection of Itimes, NZCIEL hosted a multidisciplinary traditional knowledge. These included conference in July 2011 – ‘Enhancing Stability in the ongoing global financial crisis. Professors Peter Drahos (ANU), Ruth Okediji the International Economic Order’. (Minnesota), Daniel Gervais (Vanderbilt) The conference brought together scholars, rade, intellectual property and (Michael Blakeney (Western Australia), Susy businesspeople, policy makers and researchers, ‘Tthe knowledge assets of indigenous Frankel (VUW), Silke von Lewinski (Max Planck, and included cutting-edge discussion about peoples: the developmental frontier’ was held in Institute) Daphne Zografos, (Reading how the economic crisis has led to a new and December 2010 and discussed the links between University), Meredith Lewis (VUW), Miranda genuine scrutiny of the international economic trade, intellectual property, traditional Forsyth (ANU), Christoph Graber (University of system. knowledge assets and the development Lucerne) and Luigi Palombi (ANU). Papers presented discussed responses in the aspirations of indigenous people. An important feature of the conference was its international economic order to crises, The conference included speakers from interdisciplinary nature, including papers from including the financial crisis and climate indigenous communities, including Māori, academics from non-legal backgrounds such as change. Australian Aboriginal peoples and Pacific Daniel Robinson (Environmental Studies Keynote speakers were Professor David A. Islanders. All spoke about how they used UNSW) and Susan Semple and Bradley Simpson Wirth of the faculty of Boston College Law traditional knowledge for development. (Sansom Institute, School of Pharmacy and School and Sean Hughes, Chair of the Financial Highlights included Houlton Fassau, who talked Medical Sciences). Markets Authority, New Zealand. about traditional knowledge in Samoa. Houlton Keynote speaker Antony Taubman, currently Essays from the conference will be published in studied international trade law as part of his Director of the Intellectual Property Division of a special issue of the New Zealand Journal of LLM at Victoria and is now at the Samoa Law WTO, outlined how the traditional knowledge Public and International Law in 2012, which Reform Commission. On his first trip outside debate has sparked important discussion about will be edited by Albert Costi and Susy Frankel. Australia, David Claudie, the Chairman of the the appropriate boundaries of intellectual Chuulangun Aboriginal Corporation, spoke property.

4 V.Alum 2011 A lesson in lawcraft:

Sir Anthony Mason Sir Anthony Mason

The speaker of the 2010 Robin “Human Rights: Interpretation, Declarations of New Zealand courts to the effect that they would Inconsistency and the Limits of Judicial Power” not rule out such a course in appropriate Cooke Lecture was Sir Anthony addressed two areas of current interest (and circumstances, and Sir Anthony concluded that certain contentiousness) in the approaches to there is no support for the proposition that the Mason, former Chief Justice of the the interpretation of Bills of Rights in Australia, courts have no power to make such a High Court of Australia. New Zealand, Canada and the UK. declaration. He also canvassed the arguments in favour of the courts having such a power, The first concerned the way in which the courts including the “high importance of compliance ir Anthony’s influence over the High should approach the interpretative provisions with the recognised human rights and S Court of Australia is significant. Initially a in these instruments, which typically encourage freedoms”. conservative judge, his tenure as Chief Justice the courts to interpret the language of statutes can be seen as the high-water mark of the in ways that are compatible with the rights However, he pointed to a number of differences movement away from the “strict legalism” instruments. In the English decision of Ghaidan between the situations in New Zealand and the which had characterised it. He was more v Mendoza, the House of Lords found an other jurisdictions; not just the absence of an flexible in his attitude to precedent than many interpretation that appeared to many to go well explicit legislative authorisation, but the lack other judges, viewing it rather as a policy for beyond the apparent language of the statute here of a formal mechanism for addressing the consistency than something which would (and probably beyond the intentions of the declaration should the court make one. strictly coerce and constrain his decisions. framers of the Act too). To its critics, this looks New Zealand’s Executive (and Parliament) are During the years of the “Mason Court”, there suspiciously like judicial legislating under the generally free to ignore a judicial proclamation were a variety of important cases decided, guise of interpretation, and the approach has in a way that is not possible in the UK and including Mabo v Queensland (No 2) and been rejected in other jurisdictions for that Australia. At most, the courts give an indication Australian Capital Television Pty Ltd v reason. of insistency in situations where, in the Commonwealth. language of McGrath J, “it is a reasonable In the UK and Australia, the Bill of Rights constitutional expectation that there will be a From 1994 to 1999 Sir Anthony served as the legislation explicitly gives the courts a power to reappraisal of the objectives of the particular Chancellor of the University of New South declare that legislation is in some way measure” under interpretation. Wales. From 1996 to 1997, Mason was a inconsistent with the Bill of Rights itself. The Professor of legal science at the University of New Zealand legislation does not contain such a Both of these areas of interest place the courts Cambridge, in the United Kingdom. In 1997, power, and there has been intermittent in positions of potential conflict with the Mason was made a non-permanent judge of the discussion of the possibility that, Executive and the legislature. It is implicit that, Hong Kong Court of Final Appeal. He still holds notwithstanding this legislative silence, New if these situations call for the exercise of that position, and flew in to Wellington from Zealand courts could make such a declaration or “judicial power”, they must be handled with the Hong Kong to deliver his lecture. indication. There have been dicta by the highest utmost care.

Victoria University of Wellington | Faculty of Law www.victoria.ac.nz/law 5 A year in Review | 2011 Professor : David Professor

The conscience of contract law David Professor McLauchlan, i n set McLauchlan, Sir Peter Blanchard, Hon Vice- Simon Power, Chancellor Pat Walsh

In 1971, email was invented, New has received University awards for excellence in “The legal writing of many academics is also teaching and in research. The students at used widely as a resource by practitioners when Zealand announced its withdrawal of Victoria have voted him best lecturer in the Law preparing cases,” he says. troops from Vietnam, women were Faculty several times in recent years. Former student, Hon Simon Power, Minister of His writings have been frequently cited in the Justice, spoke at the launch, fondly recalling given the right to vote in Switzerland judgments of leading Commonwealth courts, David’s classes and their lasting impact. – and Professor David McLauchlan including the House of Lords; several have been “I remember him focusing for weeks on one influential in changing or developing the law. point – a habit I also now employ with officials, joined Victoria’s Faculty of Law. Professor McLauchlan has been a Professor of driving them crazy with questions about a Law since 1981. He is also Honorary Professor at clause, a word or a description.” orty years on, David, who became a the University of Queensland, Senior Fellow at The Right Honourable Justice Peter Blanchard, professor at age 33, is still going strong. “I am F the University of Melbourne and in 2008 was the who has been on the receiving end of some of still thoroughly enjoying my writing and teaching, McWilliam Professor in Commercial Law at the David’s critiques of judgments, commented: and hope to reach half a century,” he says. University of Sydney. “Anyone researching David’s writings would be A function was held in June to launch a special In earlier years he was also involved in law struck by both the quantity and quality of them edition of the VUW Law Review, dedicated to reform. This included several submissions to and would realise just what an influence he has David’s substantial contribution to the law. parliamentary select committees, membership of had both in New Zealand and elsewhere on the Among the 100-plus attendees were the Chief the New Zealand Law Commission’s advisory development of the law in his specialist subject, Justice and several Justices of the Supreme committees on Personal Property Security Law contract law.” Court and Court of Appeal. reform (1988-91) and Contract Law Reform (1991- As well as more than 100 legal articles, David The publication contains articles by recent 93) and membership of the New Zealand Law has written two books that have been widely students (Amelia Keene and Sarah Leslie) a Society’s Advisory Committee on the Personal cited – The Parol Evidence Rule published in former student (Hon Justice Stephen Kós) a Property Securities Bill (1999-2001). 1976 and The Contractual Remedies Act 1979, current colleague (Professor Susy Frankel) and “The influence legal academic writing can have written with Francis Dawson. overseas colleagues (Professors Tolhurst, Carter on the development of law is not widely Still an active researcher, he says, “I live by this and Peden from the University of Sydney). appreciated,” says Professor McLauchlan: “By guiding principle from Harold J Berman: ‘If a Professor McLauchlan is the author of two subjecting important decisions in the courts to scholar is not a teacher his scholarship will be books and has published well over 100 book critical analysis, legal writing provides one of sterile. If a teacher is not a scholar his teaching chapters or journal articles, mainly in the areas the very few ways in which judges can be held will be superficial’.” of the law of contract and commercial law. He accountable for their decisions.”

6 V.Alum 2011 Celebrating 21 years N ehe Turei,

of success of Māori in law Left top: Hon Justice Joe Williams Left middle: Sir Eddie Durie Left bottom: Faculty attendees, including Smith Dean (front) Tony Below: Reweti Kohere, Julia Whaipooti, Hollie Ryan

Victoria University’s Faculty of Law whānau, hapū and iwi. Applicants are interviewed by a panel normally comprising celebrated 21 years of its Māori members of the Māori community, the Law Faculty and Māori legal practitioners. Admissions process and the success “The process recognises that many Māori are of Māori in law at a hui in October working in a system that is foreign to them,” says organiser David Jones, the Faculty of Law’s this year. Māori Law Students’ Co-ordinator. The celebratory event at Te Herenga Waka Te Ripowai Higgins, Hon. Georgina Te Heuheu, Simon Wi Rutene n 1989, the Māori Admissions process was marae on Victoria’s Kelburn campus attracted I initiated in response to calls from various many illustrious legal alumni, including the The Dean of Victoria’s Faculty of Law, Professor Māori legal practitioners and academics at the Hon Georgina Te Heuheu (the first Māori Faculty. Each year, 10 percent of available places Tony Smith, attended the celebration. “The in second year law courses are gathering together of alumni, reserved for Māori students applying He aha te mea o te ao? students and staff was an inspired under the Māori Admissions process. thought,” he says. The process recognises that, at heart, He tangata; he tangata, he tangata! “For alumni, they saw a strong future universities are not Māori in the students. For students, they institutions, nor are they governed by What is the most important thing in the world? were seated with Māori law heroes tikanga Māori. Māori students are It is people, it is people, it is people! and heroines. For staff, it is required to succeed in an institution immensely satisfying to see a policy that embodies and reflects foreign Māori proverb be so successful and recognised. values. It is difficult to meet the need Our Faculty has a strong tradition of of Māori within the “foreign”university woman with a law degree); Sir Eddie Durie, supporting Māori in law. We are the only Faculty paradigm. the Hon Justice Joe Williams and Judge Hemi with a Māori Law Students’ Co-ordinator. We are Taimaunau. Selection is based primarily on an ability to home to the nationally significant Legal Māori complete the nominated workload, “Not all the alumni who attended were part of Project and we consistently produce top Māori commitment to attend the support tutorial the Māori Admissions process,” says Mr Jones, law students who go on to become practitioners, programme and a commitment to kaupapa “but they are all integral to the programme politicians, academics and judges.” Māori. Other areas considered include how the succeeding. They are our link to the world of applicant will use their law degree to help their law.”

Victoria University of Wellington | Faculty of Law www.victoria.ac.nz/law 7 A year in Review | 2011

Young, gifted and back: Community Justice Project Front row from left: Amy Dixon, Katharine Pfeffer, Adèle Taylor, Chantal Hickey, Emily Bruce, Stephanie Lambert, Anna Whaley. Back row from left: Andy Grieve, Michael Zhang, Nessa Lynch, Matthew Hitchman, Rayner Thwaites.

Finally, the team has assisted Justice Acts New Zealand, a charity dedicated to combating human trafficking and modern day slavery in New Zealand. The team has researched New Zealand’s compliance with international anti- human trafficking provisions, and is now undertaking a more intensive review of New Zealand legislation to assess how it applies practically. This research will inform a report and recommendations being made to the Government in November of this year, and Justice Acts aims to use this research in its submission for amendments to s 98 of the Crimes Act 1961 which will be submitted in early 2012. The Community Justice Project is also interested in engaging with young people about politics and constitutional development. This Now in its second year, the declaration of inconsistency from the Human year, with the help of a Wellington City Council Rights Review Tribunal (HRRT). grant, the Law Reform and Education teams Wellington Community Justice prepared and presented modules on voting in The Law Reform team also helped to draft the the election and the referendum to young Project is involved in a wide range of Statement of Claim filed at the HRRT in July this people around the Wellington region. The team important initiatives. year. The essence of the claim is that the recognised the low representation of youth in Adoption Act and other adoption laws are voting statistics and aimed to present modules inconsistent, in 15 different respects, with the he Wellington Community Justice that were fun, informal and neutral and anti-discrimination provisions of the Human Project (WCJP) is a student-driven empowered young people to take part in the T Rights Act 1993 and the New Zealand Bill of organisation that aims to improve access to election. Rights Act 1990. legal services in the wider community. The presentations began with a brief focus on It engages over 100 law students, who can Adoption Action and the WCJP are continuing voting in the election (explaining concepts like volunteer to work in one of four areas: communication with the Crown about the claim electorates, Māori seats and informing young advocacy, education, human rights and law and are engaged in other activities seeking to people how to enrol to vote). The core of the reform. This year they have adopted a dynamic raise awareness and generate reform in this module was then centred around the range of work with a public law focus. important area. referendum. It explained the different forms of representation (with the help of useful The WCJP Law Reform team has been working The Human Rights team have thrown resources such as the Electoral Commission’s closely with Adoption Action Inc in its goal to themselves into multiple projects with human videos) and then examined some tools they have the outdated Adoption Act 1995 reformed. rights and law reform focuses. One of the key could use for evaluating each form (by looking, Adoption Action Inc is committed to enhancing partner organisations is the Human Rights for example, at effective representation and the rights and wellbeing of children affected by Commission, which has provided the students accountability). adoption and to eliminating discriminatory with the opportunity to engage in several provisions in current adoption laws. Its On the whole, this proved to be a success, and projects concerning New Zealand’s international members include persons who have had our students presented at Porirua College, Hutt treaty compliance. personal experience of adoption and Valley High School, Wellington Girls’ College, professionals with specialist knowledge and The students have also developed their own Wellington High and the Evolve Youth Centre. experience of adoption law and practice. human rights blog (wcjphumanrightsblog. If you would like any more information on the The WCJP Law Reform team produced a wordpress.com) which has provided critical Project, please do not hesitate to contact its memorandum for the members of Adoption commentary on several issues throughout the student directors, Adèle Taylor and Emily Action about the process for obtaining a year. Bruce, at [email protected]

8 V.Alum 2011 With all due

respect to the judiciary Left: Judge Ian Borrin Right: Collins Lord of Mapesbury In 2011, the Faculty welcomed the first Ian Borrin Visiting Fellow – Lord Collins of Mapesbury.

n 2010, alumnus Judge Ian Borrin I established a Visiting Fellowship in Law. Its aim is to bring scholars, academics and members of the judiciary from overseas to the Law School for short-term periods. Judge Borrin has been a long-standing and generous supporter of the VUW Law Review and other Faculty publications. The first Ian Borrin Visiting Fellow, Lord Collins of Mapesbury, is one of the most eminent scholar jurists in the Common Law world and a recently retired judge of the UK Supreme Court, of which he was an inaugural judge. He is also general editor of Dicey, Morris and Collins on the Conflict of Laws and numerous other books and articles and has taken a very boards of the Law Quarterly Review and the informally, gave classes to students and met active interest in the legal academy. Since 1975 British Yearbook of International Law, amongst with senior members of the New Zealand he has been a Fellow of Wolfson College, others. judiciary. Cambridge, and since 1982 a visiting professor at Queen Mary, University of London. Lord Collins’ primary areas of research interest Lord Collins also found time to continue his are Private International Law, Public own research – including working on the In 1994 Lord Collins was awarded the degree of International Law and Arbitration. forthcoming 15th edition of Dicey, Morris and Doctor of Laws by Cambridge University and Collins on the Conflict of Laws – the leading was elected a Fellow of the British Academy. During his busy time with the Faculty, Lord treatise on private international law in the Since 1989 he has been an elected member of Collins delivered a public lecture “With all due Common Law world. the Institut de droit international. He is an respect to the Judiciary?”, chaired an honorary fellow of Downing College, International Litigation Symposium, gave Cambridge. He is a member of the editorial seminars to Faculty staff and engaged with staff

Staff appointments and awards Geoffrey was also appointed to head a Richard Boast gave his inaugural lecture Nicole Moreham was the first legal United Nations panel investigating the “Treaties on the Frontier: Crown-Māori recipient of a Rutherford Discovery blockade of Gaza. Treaties other than the Treaty of Waitangi, Fellowship (see page 11). and their significance”. John Prebble was a visiting scholar at the Geoff McLay, currently on secondment to Constitutional Court in Rome as a guest of Brian Brooks, Honorary Fellow at the the Law Commission, gave his inaugural the President of the Court. Faculty and a former Dean, has been lecture “A Capital Custom: Victoria and the appointed to assist Judicial Conduct New Zealand legal tradition”. Kate Stone was appointed as an Assistant Commissioner Sir David Gascoigne. Lecturer. Sir Geoffrey Palmer was given a Maria Hook joined the Faculty as a Junior Professional Achievement Award by the Tai Ahu was appointed as an Assistant Research Fellow. University of Chicago, in recognition of his Lecturer. international diplomacy and leadership. Sir

Victoria University of Wellington | Faculty of Law www.victoria.ac.nz/law 9 A year in Review | RESEARCH 2011

The Urgency Project: What’s the Hurry? Elizabeth Professor McLeay Senior Claudia Lecturer Top: Geiringer Bottom: Assistant Research Polly Higbee

A major research project at the Why, if at all, should we be worried about Since the introduction of MMP, the major urgency, and in what circumstances? How parties in Parliament have had to negotiate with Faculty of Law on the use of urgency robust is the regulatory framework that minor parties in order to win majority support governs the use of urgency? Should it be for urgency motions. For that reason, the by the New Zealand House of amended and, if so, how? introduction of MMP had a profound impact on the amount that urgency was used and the way Representatives has resulted in a In essence, urgency enables the government to it was used. Even so, the pattern of use of extend the sitting hours of the House and to urgency following the introduction of MMP has book, What’s the Hurry?: prioritise certain items of business to be not been even. In particular, during the years of conducted within those hours. As such, it is an Urgency in the NZ Legislative the study, two post-MMP parliaments stood out extremely important tool for governments for their comparatively high use of urgency Process 1987-2010. seeking to progress their legislative agendas. motions: the forty-fifth Parliament (1996-1999) On the other hand, urgency also enables ritten by the Urgency Project and the forty-ninth Parliament (2008-2011). governments to dispense with the various researchers Claudia Geiringer, Polly Both these parliaments also had comparatively W stand-down periods (or breathing spaces) Higbee and Professor Elizabeth McLeay and frequent recourse to what is generally regarded between the different stages of the legislative published by Victoria University Press as the most democratically troubling way of process and, indeed, to dispense with the select (Wellington, 2011), the book examines the use using of urgency: to by-pass select committee committee stage in its entirety. of urgency in the New Zealand House of scrutiny of legislation. Representatives over a 24-year period – from The use of urgency, therefore, raises issues of The Urgency Project reached the conclusion 1987-2010. considerable significance for the quality and that the current constraints on the use of integrity of New Zealand’s lawmaking processes. In addition to collating comprehensive urgency were inadequate and that amendments Urgency motions can be a means to foreshorten databases that detail every use of urgency over to Parliament’s Standing Orders (its self- democratic deliberation – both amongst that period, the researchers also interviewed a imposed rules of procedure) were desirable in parliamentarians and with the wider community. number of current and former politicians and order to better regulate the use of urgency. Earlier this year, the Project made a submission senior parliamentary officials. The Urgency Project found that, during the to Parliament’s Standing Orders Committee, 24-year period of the study, urgency was relied Questions the Project addressed included: which was conducting its tri-annual review of on with regularity by governments of all stripes. What exactly is urgency and why do politicians the Standing Orders. For example, more than 1,600 bills had urgency use it? How much is it used? What factors accorded to them at some stage during that constrain its use? In particular: To what extent The Committee issued its report in September period. has MMP had an effect on the use of urgency? and made recommendations in line with some

10 V.Alum 2011 N icole Moreham

Top: Senior Claudia Lecturer Top: Geiringer Bottom: Assistant Research Polly Higbee Nicole Moreham: A legal first Senior Lecturer Nicole Moreham is the first legal academic to be the recipient of a Rutherford Discovery Fellowship.

utherford Discovery Fellowships R support New Zealand’s most talented early-to-mid-career researchers by providing financial support of up to $200,000 per year over a five-year period to investigate a particular research topic, and help them to further their career in New Zealand. Dr Nicole Moreham is putting the scholarship money towards the writing of a book setting out the protection of privacy in English private law. The book addresses four central questions: what is privacy, why is it worthy of protection, how is it currently protected in the law, and what further developments are needed to create a comprehensive, coherent legal privacy right which sits appropriately with competing of the Project’s suggestions. These interests? Nicole Moreham returned to New Zealand in recommendations have now been adopted by 2006 having spent seven years at Gonville and “The past two decades have seen an explosion the House. In particular, the Standing Orders Caius College, University of Cambridge, first as in technology making it easier than ever before Committee recommended that the House be a Masters and PhD student and latterly as a to obtain, store, and disseminate private able to sit for extended time to pass bills Fellow and Lecturer in Law. material about a person against his or her through a single stage, without having to resort wishes,” says Dr Moreham. “The perennial Before leaving for Cambridge in 1998, she to urgency to achieve this. The Urgency Project tension between individual privacy rights and completed her undergraduate Honours degree in had suggested that an “extended time” the media’s need to obtain and publish the news Law at the University of Canterbury and worked provision of this kind would enable urgency also continues to be negotiated.” as a judges’ clerk at the New Zealand Court of itself to be reserved for situations of genuine Appeal. As an undergraduate, Dr Moreham was Dr Moreham’s book will question how the law urgency in relation to a particular bill. The the recipient of several significant awards, should respond to these, and other, privacy Project anticipated that this would promote including the New Zealand Law Society Cleary issues both in England, New Zealand and other better public and media scrutiny of the use of Memorial Award (a national award for newly jurisdictions. urgency and, therefore, stronger disincentives admitted barrister/solicitor showing leadership against its misuse. potential in the legal profession) in 1998. What’s the Hurry? concludes with an extended She was awarded the Commonwealth analysis of the Standing Orders Committee’s Scholarship for her LLM studies in 1998 and, in recommendations. The authors welcome the 1999, the Tapp Studentship, which provides full amendments to the Standing Orders but express PhD funding, to Gonville and Caius College at the view that the changes do not go far enough. Cambridge. At the university she earned a First In particular, the authors express concern that class Masters and the Emlyn Wade Prize for the the regulatory framework fails to constrain top LLM mark at the college in 1999. effectively the most democratically troubling Her doctoral thesis is entitled ‘Privacy and the use of urgency: to bypass the select committee Common Law’ and she continues to research stage of legislative scrutiny. and publish on privacy law. She has published The Urgency Project was conducted under the several articles on privacy in the leading law auspices of the New Zealand Centre for Public journals and is co-author/co-editor of the latest Law at the Faculty of Law, as well as the Rule of edition of England’s most important privacy Law Committee of the New Zealand Law Society. work, Tugendhat and Christie’s Law of Privacy The Project was generously funded by the New and the Media (2ed, Oxford University Press, Zealand Law Foundation. 2011, 872 pp).

Victoria University of Wellington | Faculty of Law www.victoria.ac.nz/law 11 A year in Review | RESEARCH 2011

Associate Professors Associate Professors Yvette Tinsley (left) and A notoriously difficult area of law Elisabeth McDonald

Sexual offending is a notoriously “Intimidation under cross-examination is the that make a difference are around the dynamic biggest challenge because it is fundamental to of how a judge comes to a decision – how much difficult area of law. Despite reforms the current process, but that’s not to say that control a judge has over a case.” over many decades, the evidence civil law jurisdictions don’t have adversarial The alternatives to juries might include judges elements,” says Dr Yvette Tinsley. sitting alone or assisted by lay assessors, as continues to show stubbornly The study was prompted by the Law used in European jurisdictions. unchanged prosecution rates for Commission’s 2007 review of the issues Sexual offence reporting and conviction rates in publicised by Louise Nicholas around the rape New Zealand remain very low. A Ministry of sexual offences and victim of young women by police in the 1980s. The Women’s Affairs study in 2010 found that only review asked whether the adversarial court 13% of sexual violence cases reported to the dissatisfaction with the system. system should be modified or replaced by an police resulted in conviction. alternative model in sex offence cases. hat’s why the New Zealand Law The authors held a workshop in April 2011 with The authors travelled to Europe and studied the Foundation funded a major study over a 60 experts including prosecutors, academics, T inquisitorial system in five countries. They two-year period: “Modification of the Pre-Trial police, officials and defence lawyers. The found that greater involvement by professional and Trial Processes for Sexual Offences”, workshop group’s view was that the 20-year judges in the fact-finding process, rather than conducted by Faculty of Law Associate maximum sentence for rape may in fact be two competing parties with the judge as umpire, Professors Elisabeth McDonald and Yvette deterring victims from seeking justice through could allow for less undermining of witnesses Tinsley, with Professor Jeremy Finn from the the courts, because victims don’t always want and more focus on establishing the facts. University of Canterbury. the perpetrators to be dealt with so severely. It On the other hand, witnesses could still face may also prevent offenders from admitting guilt The project examined overseas and local distressing questioning in the inquisitorial because the stakes are so high. experience in order to propose alternatives to system. In some ways New Zealand’s system was As a result, the study recommends changes to the current system. However, the researchers superior. For example, by allowing support allow for a range of responses to allegations of stress: “There is no ‘one-size-fits-all’ solution. people for victims and remote courtroom sexual offending. Culturally responsive There is no perfect panacea that we can participation. solutions need to be considered among the transport to New Zealand.” Elisabeth McDonald says: “Changing to an options for dealing with these cases. The study will be drawn on by the Law inquisitorial system would not necessarily lead The study’s conclusions have been published by Commission it its work, sought by recent to a better experience for victims, nor to higher Victoria University Press: Elisabeth McDonald Minister of Justice, Simon Power, on whether conviction rates. There would also be practical and Yvette Tinsley (eds) From “Real Rape” to inquisitorial procedures should be applied in problems in changing the system for sexual Real Justice: Prosecuting Rape in New Zealand New Zealand. offending but not for other offences. The things (VUP, Wellington, 2011).

12 V.Alum 2011

Among the dreaming spires Rhona Fraser and Campbell Professor McLachlan Even to the students and Dons of other Oxford colleges, All Souls College enjoys a particular mystique.

omposed entirely of fellows, with Cno students, it holds what it reputed to be the hardest examination in the world for admission to the Prize Fellowship. It has numbered Christopher Wren, Lawrence of Arabia and Isaiah Berlin amongst the fellowship, along with many of the foundational figures of the common law. The spirits of Blackstone and Dicey haunt its halls. It was therefore with more than a little apprehension that I took up the College’s invitation to join them as a Visiting Fellow for Trinity Term (April to July) 2011. Visiting fellowships are open to scholars from around the world in any discipline. Because they I had been fortunate indeed to have the support It will not surprise you to know that the College come with a study in college, college of the New Zealand Law Foundation as its 2010 maintains an amazing kitchen and wine cellar accommodation and rights to participate fully International Research Fellow, and was holding (with a dedicated and friendly staff) which in the life of this remarkable institution, they a contract from Cambridge University Press for supports research by refreshment! the book. are highly prized. A highlight was the Encaenia luncheon –the In the term of my visit, all but one of the other So my first priority was to find some only day of the year that one can walk freely on 12 visiting fellows were engaged in a joint uninterrupted time to write, which I certainly the grass of the Great Quad and eat in the project on the evolution of human cognition, did in my college study looking out on the magnificent Codrington Library. Encaenia addressing the question: How did the human beautiful and whisper-quiet fellows’ garden and celebrates those awarded honorary doctorates race get to be so wise? Quite intimidating for a the famous Nicholas Hawksmoor towers. at Oxford, which this year included President Napolitano of Italy, Justice Edwin Cameron of mere lawyer, but at least they seemed to accept But an unexpected pleasure of the fellowship the South African Constitutional Court and Sir that an ability to undertake normative was the wonderful opportunity that College life George Martin, manager of the Beatles. reasoning was an indication of developed provided for discussion. Of course, I already cognition! knew a number of the superb lawyers in the Of course, I was intent on getting the best out of I had chosen to apply to All Souls because I College: Andrew Ashworth, Vinerian Professor my time in Europe, visiting Cambridge and thought that its unique combination of strength of English Law; Vaughan Lowe, Chichele Edinburgh universities and the Foreign & in English law and international law would Professor of International Law; Jeremy Commonwealth Office to talk about my research prove fruitful ground for me to develop research Waldron, who had just taken up the Chichele project. I also spoke at international law for my new book on Foreign Relations Law –the Chair in Political Philosophy; Nicola Lacey; conferences in London and Geneva. But, treatment in the Anglo-Commonwealth legal Andrew Burrows and Guy Goodwin-Gill. looking back, it was really the concentrated research time in All Souls itself which was the systems both of the foreign relations of the But active participation in College life provided most important part of my time in the UK. home state and of foreign states. many occasions to get to know fellows working I argue that, despite its great practical in other disciplines, and to talk about research Now back in New Zealand, the writing of the importance, this field has been unjustly in ways that helped me think creatively about book is proceeding apace. But it has been the neglected and shrouded in obscurity. It needs a my project. initial time, encouragement and stimulation afforded by the generosity of both the New new structure, suitable for the many This intangible, but crucially important, Zealand Law Foundation and All Souls College contemporary challenges facing our domestic atmosphere of the College completely dispelled that has made it possible. legal systems in dealing with the interactions of its mystique. I found the fellows to be incredibly states–and in dealing with the claims of welcoming to the visiting fellows and ready and Campbell McLachlan individuals caught in the cross-fire. interested to engage with them.

Victoria University of Wellington | Faculty of Law www.victoria.ac.nz/law 13 A year in Review | RESEARCH 2011

The New Zealand Law Foundation Regulatory Reform Project ++ the role of judicial supervision of regulatory decisions, and when appellate review is appropriate ++ rights and regulation, including when laws are needed to secure rights ++ consumer law and paternalism, including when policymakers can intervene to protect consumers from themselves ++ consumer credit regulation to achieve effective social outcomes ++ regulatory failure in the building industry, with a possible cause being the lack of an articulated understanding of the purpose of regulation ++ network industries – constant reviews, regulatory uncertainty, and the relationship between regulation and property rights ++ trade and investment – integrating the region through open frameworks ++ trade agreements and constraints on regulatory autonomy If New Zealand wants better regulation for the small size and openness of our economy, the ++ the desirability of restrictions and incentives future, part of achieving that goal involves importance of the rule of law, sensitivities for inward foreign direct investment learning from past successes and failures. New around property rights, and our dependence on ++ trans-Tasman integration – lessons from the regulation is often created, or the old changed, international trade. failure to establish a therapeutics agency without a full analysis of what when wrong or a ++ trans-Tasman intellectual property “We know about particular areas where proper identification of the problem that coordination – when, and when not, to regulation has worked, and areas that have been regulation might be able to address and what harmonise problematic. This project analyses the issues the regulation is suppose to achieve. within those themes, from a systemic as well as Questions which emerge from these chapters a case study viewpoint,” says Project Leader, include: what factors are relevant in deciding his theme underlies the first book of Professor Susy Frankel. whether and how to regulate? How important is essays, Learning from the Past: Adapting for T precise problem identification? What are the the Future: Regulatory Reform in New Zealand, “We are looking at the lessons, not to build a likely effects of choosing one method over which outlines a series of detailed issues in ‘one size fits all’ model, but to develop a toolkit another? Who decides who is affected, and regulatory reform from the Law Foundation’s that shows what to look for. This first set of how? Should we create a New Zealand way, or major Regulatory Reform Research Project. This papers is a detailed articulation of the issues, use tested overseas models? How practical is project looks into issues around regulatory from which further analysis will develop.” specific regulation in New Zealand given our practice in New Zealand and involves an Issues examined in the essays include: size? And, how much regulation should be interdisciplinary and multi-institutional team ++ desirable levels of public participation in rules-based, and how much left to discretion? from Victoria University, Chapman Tripp and the creating regulation New Zealand Institute of Economic Research. Following this research, there will be further ++ the success of competition law in creating interdisciplinary analysis of the issues, The Law Foundation’s core focus is to support certainty for businesses and consumers, including economic, legal and policy analysis. In independent legal research into the major legal following the 1980s deregulation era the final stage, the results will be drawn challenges facing our country. The Foundation ++ whether general anti-tax avoidance rules together into proposals for a toolkit for use in identified regulation as an area of national breach the rule of law – and whether the state future regulatory design, implementation and importance. This first published output is a would be justified in responding more enforcement. series of essays drawing out specific learnings strongly to produce greater certainty from New Zealand’s regulatory experience and The Law Foundation is providing funding of ++ what are property rights, and is extending posing questions to frame and develop the $1.75 million for this project. property rights merited to compensate ongoing research of the project team. owners when regulation affects property? Learning from the Past: Adapting for the The broad characteristics of our regulatory ++ the rationale for regulatory management and Future: Regulatory Reform in New Zealand is environment are well known, including: the what it aims to solve available from LexisNexis.

14 V.Alum 2011 Law and language: The Legal Māori Project The researchers of the Legal Māori English words into the Māori sound system, This resource will be very useful, not only for such as ‘apitireihana’ for arbitration. These those who are interested in New Zealand’s Project are working hard on the final words may well be replaced by newly coined bilingual legal history, but also for those words or by extending the meaning of an interested in seeing how Māori vocabulary has outcome for the Legal Māori existing word such as ‘whakataunga’ in the case changed over time, and what sort of vocabulary Dictionary, the first ever substantial of arbitration. Dictionary users will be able to is used in particular legal contexts. find out if a word appears in corpus texts in the These new outputs from the Project are dictionary of legal Māori terms. historical or contemporary era or if it’s a word expected to be publicly available by the end of that’s been used across those periods and 2012, along with the Legal Māori Dictionary. “The dictionary will assist Māori speakers to therefore has a really good, long history to it.” practise law, draft agreements, or write, teach One of the most pleasing aspects of the Project The Project outcomes have also been generating and talk about law,” says Māmari Stephens, for Māmari Stephens is the range and quality of exciting new scholarship on the development of Senior Lecturer and Project Co-Leader. the researchers that have become involved over Māori as a language of law in New Zealand. the past few years: “I’ve got almost every Māori “Māori is a polysemic language, meaning that Some of the fruits of that scholarship can be speaking senior law student I can find working one word can hold a number of meanings seen in the 2011 collaborative publication of the on the project,” says Stephens. depending on the context in which it’s used. So VUW Law Review and the Revue Juridique the words rangatira, or mana, or utu, for Polynésienne. Issue 42, Volume 2 has a law and As well as Māori-speaking staff and students example, can have thousands of usages with language theme and contains three from the Faculty of Law, lawyers from the subtly different meanings in both customary contributions by senior Project researchers. Crown Law Office and private practice are and Western law contexts.” It will soon be available online at employed or volunteering their time to work on the Project. To tease out these different meanings, Ms www.victoria.ac.nz/law/research/VUWLR. Stephens and her team are drawing on a corpus In another exciting development, the Legal “It can only be hoped that at least some of these of more than eight million word types taken Māori Project has been granted further funding researchers will be able to make future from the Legal Māori Corpus: a collation of from the Ministry of Science and Innovation for contribution to the study of law and language in Māori language texts from 1829 up to 2009. 2011 and 2012. This will see the creation of new New Zealand,” says Stephens. resources, including a searchable online The dictionary will be unique among existing The Legal Māori Project was funded by the database to enable members of the public to Māori language dictionaries in that it will allow Foundation for Research, Science and carry out their own word searches of the users to identify the use of a term over time. Technology (now the Ministry of Science and digitised Legal Māori Corpus documents. “There used to be a lot of transliteration of Innovation). Providing a toolkit – the law of small states and countries he focus of THE work led by international law monographs by Wolters These publications enhance the armoury of TProfessor Tony Angelo has been on Kluwer – one on the private international law the barristers and judges of Seychelles and, access to law within the general frame of the of the South Pacific and the other (with Sir given the continuing lack of a complete set of rule of law. The perennial finding lists and law Victor Glover, a former Chief Justice of legislation and of law reports since 1996, books of legislation have been provided for Mauritius) for Mauritius. provide the necessary platform for a Niue and the Cook Islands. These are essential For the environment conference in Cancun in comparative study of the law of Seychelles tools for the operation of those legal systems 2010, Niue produced its second national with its colonial background of French and but for reasons of lack of resource or lack of statement on the environment. Tony Angelo English Law. The Seychelles Digest will be the continuity of personnel are not produced in and Tim Fletcher were responsible for the first text of its kind since the ground the states themselves. These fundamentals of editing and publishing of that report. breaking Law of Seychelles through the Cases the legal systems have been complemented by which was produced by Venchard, Glover and The main research commitment in 2011 has government workshops and papers, all with Tony Angelo in 1997. The new volume is been to the Law of Seychelles. The finding list the same goal of making the law accessible arranged in 19 subject-matter chapters and which was first produced in 2009 (still and fostering the operation of the rule of law. contains over 3500 case entries; it almost unique in Seychelles) has been updated, a These are matters of systems. doubles the case law coverage from the 1997 second edition of Sauzier’s Law of Evidence text and brings the case references up to date At a different level, the small country interest has been prepared, a Case Miscellany 2010- as at the middle of 2011. has been pursued in the field of conflict of 2011 published, and a 700-page Seychelles laws, with the publication of two private Digest completed.

Victoria University of Wellington | Faculty of Law www.victoria.ac.nz/law 15 A year in Review | RESEARCH 2011

Casting our net worldwide This year the Faculty consolidated published. Authors welcome comments on all Megan Richardson, of Melbourne); and papers in the research paper series, and “Ectopia, Fictions, and Autopoiesis: Income Tax its presence in cyberspace with the particularly in respect of working papers. Law from Perspectives of Analytical Jurisprudence” (Professor John Prebble and Bringing out a full series of seven issues of publishing of three major online co-authors). Volume 1 Victoria University of Wellington Legal resources. Research Papers between August and December In parallel with Victoria University of 2011 was a challenge that could not have been Wellington Legal Research Papers, Professor uring 2011 the Faculty launched a achieved without the help of Brent Cresswell, a Prebble is running a project to encourage scholarly series, Victoria University of D Wellington legal editor familiar with electronic members of the Faculty to post their work to Wellington Legal Research Papers, an electronic publishing from a career that included Brookers the Faculty page on the SSRN website. SSRN has journal of the same name (subscription is free), become one of the world’s major resources for and the Office of Parliamentary Counsel. Brent and a Victoria University of Wellington page on scholarly research, with over 300,000 papers by put the final issue of 2011 to bed as this issue of the website of the Social Science Research 175,000 authors and over 8 million downloads V. Alum went to press. Now that systems are in Network, based in Rochester, New York and in the last 12 months. place, the Faculty plans to publish Victoria known as “SSRN”. University of Wellington Legal Research Papers Victoria is the only New Zealand law faculty Professor John Prebble directed these projects as indefinitely, with Issue 1 of Volume 2 appearing with a full presence on the SSRN site, a editor of the research paper series and of the in early 2012. development that has greatly enhanced the electronic journal. SSRN publishes the electronic dissemination of work. During 2011, SSRN Most issues of Victoria University of Wellington journal for us. Volume 1, of 2011, has seven advised VUW authors over 70 times that their Legal Research Papers will address an eclectic issues, comprising approximately 45 papers. papers were among the week’s ten most mix of topics, in the manner of standard legal downloaded in the paper’s subject area. The research paper series collects scholarly journals. Occasionally, issues will collect papers work by members of the Law Faculty, previously on a single theme or topic. Volume 1 included This thread leads to Volume 1 of the series: or contemporaneously published in a wide three themed issues: “Constitutionalism and Victoria University of Wellington Law Faculty → variety of journals throughout the world. The Democracy as Conflicting Ideals” (Dr Joel Colón- Research → Victoria University of Wellington Legal Research Papers. To subscribe, open any electronic journal publishes abstracts of papers Rios); “Intellectual Property, with Particular issue from Volume 1 and select “subscribe” or in the research paper series, together with links Reference to Trade Agreements, Trade Marks, write to [email protected]. to download the full text. In addition, the and Intellectual Property-Related Rights of electronic journal carries abstracts of “working Indigenous Peoples” (Professor Susy Frankel http://victoria.ac.nz/law/research/legal- papers”: work in progress not yet formally and one piece co-authored with Professor research-papers.aspx

16 V.Alum 2011 A year in Review | Alumni ACHIEVEMENTS 2011

Alumni Achievements 2011

Helena Cook LLB 2011 was recognised as a John McLinden LLB(Hons) 1975, LLM 1989, James G. Stewart BA, LLB(Hons) 2000, a 2011 Kiwibank New Zealander of the Year a former Wellington barrister, was appointed lecturer at the University of British Columbia Local Hero for her work setting up the Queen’s Counsel at the English bar. Law, was awarded the highly prestigious Community Justice Project in 2010. (Canadian) 2011 Social Sciences and Nicole Roughan LLM 2006 awarded a Humanities Research Council Aurora Prize. Sir Thomas Gault LLB 1962, LLM 1963 was doctorate. It was supervised by Professor This $25,000 award recognises an outstanding given a Distinguished Alumni Award from Jules Coleman of Yale Law. The dissertation new researcher. Victoria University (see below). is entitled ‘Authority: Pluralism, Relationships and Relativity’ and develops a Christopher Toogood QC LLB 1972 was Peter Graham LLB(Hons) 1971 has followed theory of ‘relative authority’ to explain the appointed a judge of the High Court in up his first book Vile Crimes (2007) with legitimacy of relationships between legal and Auckland. So Brilliantly Clever, an analysis of the political authorities, including intra-state, Parker-Hulme case. supra-state and sub-state authorities. The Honourable Sir Hugh Williams LLB 1963, LLM 1967 was appointed to the New District Court Judge Christine Inglis LLB David Rutherford LLB 1981, LLM 2004 was Zealand Registered Architects Board, for a 1993, LLM 2000 was appointed as an appointed Chief Commissioner of the three-year term. Employment Court Judge. Human Rights Commission. High Court judge John Wild LLB 1969 was Stephen Kós QC LLB(Hons) 1981 was Bill Sheat LLB 1954 was made a Companion appointed to the Court of Appeal. appointed a judge of the High Court in of the New Zealand Order of Merit in the Wellington. Queen’s Birthday honours list.

Sir Thomas Gault – Distinguished Alumni Award 2011 Sir Thomas Gault, recipient of a 2011 Distinguished Alumni Award from Victoria University, has had a glorious career in law – and golf.

e graduated from Victoria Hwith an LLB (1962) and a LLM (1963). He then spent 20 years with law firm A J Park & Son, where he earned a reputation as a rigorous lawyer and built a strong expertise in the intellectual property field. Sir Thomas was appointed a High Court judge in 1987, rising through the ranks to become President of the Court of Appeal in 2002. He was a member of the inaugural bench of the Supreme Court of New Zealand and is also administration of the game, he was President a member of the Privy Council in the United of the New Zealand Golf Association from Distinguished Alumni Awards Kingdom. He was knighted in 2009. 1987 to 1996 and an Advisory Member of the Other law alumni who have received a Throughout this long and distinguished Rules of Golf and Amateur Status Committees Distinguished Alumni Award are: career, Sir Thomas had another life – on the from 1978 to 1996. golf course. 2009: Judge Peter Boshier LLB(Hons) 1975 He was referee for The Open Championship 2007: Robin Congreve LLM 1968 As a student, he won the New Zealand from 1993 to 1998. He joined The Royal and Universities’ Championship and was awarded Ancient Golf Club of St Andrews in 1994, and 2006: John Allen LLB 1984 Blues by both Victoria University and the was made its first New Zealand captain in David Gascoigne LLM 1962 University of New Zealand. Moving into the September 2005. Hon Justice Joe Williams LLB 1986

Victoria University of Wellington | Faculty of Law www.victoria.ac.nz/law 17 A year in Review | Obituaries 2011

Obituaries 2011 George Barton 1925 – 2011 These experiences were to have a lasting impact over 50 years at the independent bar, should on George and laid the foundation for his lifelong have focused significantly on representing concern for human rights, the rights of the individuals with causes at the boundaries of the individual in both domestic and international law. What emerges from an examination of law. His concerns were to be reflected in the George’s cases is not only their range of subject many cases he took to uphold the rights of matter but also their reliance on great, but individuals, particularly constitutional cases and seldom invoked, principles. Who but Dr Barton those involving Pacific Islanders, and in his would have resurrected the ancient writ of ne membership of international organisations, exeat regno and used it to endeavour to prevent including his role as a representative of the the 1971 All Blacks from leaving New Zealand for Commonwealth Lawyers Association on the South Africa? Who but Dr Barton would have Advisory Group of the Commonwealth Human relied on the Bill of Rights 1688 to stop a Prime Rights Initiative 1989-1993, and his membership Minister in his tracks in 1976? of the American Law Institute which he At the same time George’s career in practice was addressed in 2003 on the issue of capital not focused exclusively on representing punishment. individuals at the boundaries of the law. As Sir After New York, George, now Dr Barton, Ivor Richardson pointed out at a dinner in 2000 returned in 1952 to Victoria and practice in to mark George’s contribution to the law, George Wellington. It was not unusual in those days for had then appeared in 170 cases reported in the members of the Law Faculty to pursue careers New Zealand Law Reports, 10 in the Privy r George Barton, who died on 17 May, a teaching and practising simultaneously, but Council, 81 in the Court of Appeal, 78 in the High Dfew days after his 86th birthday, was a man Dr Barton, later Professor, did so almost or Supreme Court, and one before the Visitor of of deep faith and strong principle. Born in the continuously for over 20 years. At Victoria he Waikato University. In addition there would have Herne Bay Presbyterian manse and educated held positions as lecturer, senior lecturer, been appearances in hundreds of other cases initially in Gore and Dunedin, the young George Professor of Jurisprudence and Constitutional reported in specialist reports or not reported at developed a love of learning and education Law and Dean of Law. He taught nearly every all. As Sir Ivor said, “a remarkable achievement”. which was to establish him later as one of New branch of law, including international law, legal George’s Privy Council appearances Zealand’s leading and most respected legal system, contract, torts, criminal law, evidence, demonstrated the diversity of his practice: from scholars. Victoria University and generations of civil procedure, equity and trusts, and legal the issue of fluoridation of water in Lower Hutt its students were to be the beneficiaries of history. to the taxation of sterling funds remitted to George’s scholarship and teaching. They were Those who had the privilege of being taught by New Zealand, the taxation of a major oil also to benefit from George’s special interest in George recall attending carefully prepared and company, the Western Samoan citizenship case, international law and his career as one of New well-researched lectures designed to educate the time of the coming into force of Accident Zealand’s leading counsel, which ultimately and elucidate and presented in such a measured Compensation Corporation levies and the earned him the accolade from the Attorney- manner and well-modulated voice that note- powers of the Commissioner of Inland Revenue General “as the father of the profession in New taking was no burden. Who will forget his to require the provision of information. Zealand”. precise enunciation of the great principles of Dr George Barton was tenacious and courageous George initially studied theology at Otago, equity (a person who comes to equity must in his pursuit of the principles which supported where he met his wife Ailsa, but moved with her come with clean hands) or his explanations of the interests of his clients. He provided an to Victoria University College to study law, the intricacies of the law of trusts? example to all counsel and his leadership at the graduating BA LLB (1948) and LLM (1953). He In pursuit of learning, George read voraciously bar was ultimately recognised when he was was admitted to the bar in 1948, an event and widely. He maintained in his chambers on prevailed upon to accept appointment to the celebrated 60 years later by a dinner hosted by The Terrace in Wellington one of the most rank of Queen’s Counsel in 1990. the Governor-General. extensive private law libraries in New Zealand. The people of Western Samoa also recognised From Victoria, George and Ailsa travelled to From his chambers he also conducted an Dr Barton by conferring on him the honour of Cambridge University on the Humanitarian Trust extraordinary international correspondence matai with the title of Vaitoa Sa, translated as Fund Studentship to study international law with friends and colleagues in the law, including Guardian of the Sacred Fountain, an honour under the renowned Professor Hersch Professor Lauterpacht’s son and at least one which meant much to George and his family. Lauterpacht. This led to a PhD for his member of the Australian judiciary. But Dr Barton was more than a renowned legal dissertation entitled “Jurisdiction over Visiting As a legal scholar, with an abiding interest in scholar, fine teacher and leading counsel. His Forces” and work at the Human Rights Division human rights, it was not surprising that George’s faith and his understanding of human frailty of the United Nations in New York and Geneva. career in practice, first in a firm and then for meant that he was always available to give

18 V.Alum 2011 advice on all manner of issues to all manner of made a partner in 1971. This was a ground- provide and despite her high profile defamation persons. Many in the legal profession, including breaking achievement. expertise, Sandra would always have room for a the good and the great, sought his advice as Within a year of admission, Sandra had become a criminal or family client who needed her colleague, mentor or friend. Who will forget his partner in a litigation firm and was undertaking a assistance, often waiving or reducing her fee for wonderful ability as a listener and as a giver of wide variety of litigation at a time when women those who could not pay. wise, positive and constructive advice or rarely appeared in Court. Consistent with the Sandra also served on a number of statutory counsel? George’s door was always open and a approach to litigation at the time, which is now bodies. She was Deputy Chair of the New cup of tea always ready. described as a generalist practice, Sandra Zealand Medical Practitioners’ Disciplinary Victoria University was indeed fortunate to have undertook a wide variety of Court work; criminal, Tribunal and more latterly, the Health Dr Barton as one of its most distinguished alumni family, civil (District Court) as well as High Court, Practitioners’ Disciplinary Tribunal; President and to have had the opportunity in 1987 to confer employment, and of course, defamation, an area of the Film and Literature Board of Review on him the degree of Doctor of Laws (Honoris in which she specialised. (April 1995-June 2001); independent adviser to Causa), the citation for which concluded: Sandra was an effective and experienced trial the Medical Misadventure Unit of ACC and the “He has sought constantly to deepen his litigator. She understood the needs of her legal member of the Chiropractic Board and the knowledge and attain wisdom; he has been clients, which she always put first. She was Psychologists’ Board. eager for diverse experience; and the fruit of perceptive, sharp and determined. During For 19 years, from February 1985 to April 2004, that knowledge working upon that experience complex trials, Sandra would often work Sandra was a director of Independent has been the distinctive and admirable through the night, displaying stamina that few Newspapers Ltd, New Zealand’s largest media contribution he has made to the well-being of juniors could keep pace with. Her preparation, company until it sold its assets (except SKY the community he has served.” attention to detail and her understanding of Television) to Fairfax in 2003. human nature and its frailties made Sandra an Hon Justice Douglas White LLM 1972 effective and successful advocate with juries, in She held the position of President of Zonta SANDRA MORAN 1945 – 2011 both civil and criminal fields. Her breadth of Wellington; she was the Executive Member of knowledge and experience enabled her to the Wellington Division of the Cancer Society of undertake complex civil and criminal work, New Zealand and founding member and Trustee which now, in the era of specialisation, is rare. of the Cancer Institute of New Zealand. It was particularly significant, therefore, that Sandra was an intensely private person. Sandra became one of the most experienced and Unknown to most in the legal profession, respected defamation lawyers, able to provide Sandra battled ill-health for 20 years. Even as skilled advice to publishers and media interests, late as December 2010, Sandra never revealed as well as conducting litigation defending them. that she was ill with cancer. In 1989, after serving on the Wellington District Sandra’s success in acting for the New Zealand Law Society as an elected Council member and Firefighters’ Union and their right to access office-bearer for 8 years, she was elected as the workplaces was a triumphant one in a case first woman President of the Wellington District which was said to be unwinnable. New Zealand Law Society. The position she held as the Firefighters’ Union still pays tribute to Sandra’s Society’s Vice President and Treasurer were also work on its website and that litigation marked, the first time a woman had held those positions. for Sandra, a significant victory in her legal Sandra was a member of the New Zealand Law career. Society Council from 1987 to 1989; she was Sandra Moran was a pioneer of women lawyers Deputy Chair of the Wellington Law Practitioners’ in New Zealand, but she never claimed that title. Disciplinary Tribunal from 1992 to 2005 and had Her focus was on achieving a fair result for her served on a number of Wellington District Law Sandra Moran attained significant Society Committees for many years. clients and in one case, where I was involved for achievements as a woman lawyer in the a group of unresourced women, offered her Wellington profession, but her focus remained As a lawyer, her focus was on achieving the right assistance as an independent Counsel, without a on her clients and their interests. outcome for her clients, many of whom were fee. Sandra was a truly able lawyer, a skilled disempowered and in need of a strong legal After completing her law degree at Victoria litigator and a fearless advocate. Those are the advocate. As well as her legal acumen, Sandra University, Sandra was admitted as a barrister attributes she sought to attain and in addition showed considerable compassion for the and solicitor in February 1970. She was to all her other pioneering achievements, underdog. She undertook many criminal and employed by Alexander, JH & Julia Dunn and, unquestionably succeeded. family cases to give those clients the best unusually for a woman at the time, Sandra was defence or legal assistance that she could Helen Cull QC, LLB(Hons) 1978

Victoria University of Wellington | Faculty of Law www.victoria.ac.nz/law 19 A year in Review | Visitors to the faculty 2011

Visitors to the Faculty 2011 January programme at the University of Sydney. His the BORA Symposium entitled “Rights Against latest work, of which he was the main editor, is the State?” and a public lecture entitled “Bill of John Cook is a former academic of the VUW Environmental Law and Sustainability after Rio Rights and Constitutional Conventions”. Law Faculty who has been working and living in with Jamie Benidickson, Antonio Benjamin and Rabinder Singh QC was recently a barrister at the UK for many years. While visiting he was Karen Morrow, (eds. Edward Elgar 2011). He is Matrix Chambers in London, specialising in conducting some private consultancy work. currently the head of the IUCN World public law and human rights. He is now The Commission on Protected Areas Law Specialist FEBRUARY Hon. Mr Justice Singh at the Royal Courts of Group. During his visit Professor Boer gave a Justice, Strand, London. Justice Singh acted as a Richard Cornes, Senior Lecturer in Public Law public lecture “International Human Rights Moderator for the BORA Symposium and gave a at the University of Essex. Richard visited Norms and Environmental Law”. briefly while conducting some research. public lecture entitled “The Moral Force of the MAY UK Human Rights Act”. Rebecca Stahl visited on a Fulbright from the United States. She was mainly based in Larry Helfer, Harry R. Chadwick Sr Professor October of Law at Duke University School of Law. He also Christchurch but spent a couple of months in Shaunnagh Dorsett, Associate Professor, co-directs the Centre for International and Wellington working on her thesis. Faculty of Law, University of Technology, Comparative Law at Duke and is a member of Russell Brown, University of Alberta, visited as Sydney. Dr Dorsett is a former academic at the the faculty steering committee of the Duke part of the Regulatory Reform Project. Faculty and continues her involvement with the Centre on Human Rights. Professor Helfer has Lost Cases project. Shaunnagh visited briefly Christian Vaccaro, Professor and Head of co-authored a book with Professor Graeme and gave a staff seminar entitled “The Precedent Economic Law Department, Faculty of Law, Austin entitled Human Rights and Intellectual Is India: Hobson’s 1840 Draft Legislation For Catholic University of Concepción, Chile. Property: Mapping the Global Interface. During The Modification Of Criminal Laws In Their Christian was awarded a Chilean Scholarship his visit Professor Helfer and Professor Austin Application To Māori”. from Victoria University of Wellington for gave a joint public lecture and launched their academic researchers who were unduly affected book. NOVEMBER by the Chilean earthquake. This scholarship Mary Boyce, University of Hawai’i at Mānoa, Lord Collins of Mapesbury, Inaugural Borrin enabled academics to come to New Zealand to visited while she worked on the Legal Māori Fellow 2011, recently retired from the Supreme continue their research. His project in Project with Māmari Stephens. Court of the United Kingdom, where he was one association with Susy Frankel involves Trans- of the first Justices of the new Court. Lord Pacific partnership and intellectual property JULY Collins gave a public lecture entitled “With all issues in free trade agreements. Paul Gudel, Professor of Law, California due respect to the Judiciary?” Albin Eser, Professor and former Director of Western School of Law. Paul taught LAWS 330 the Max Planck Institute for Foreign and Jurisprudence on an exchange in the second DECEMBER International Criminal law and former judge in trimester. Professor Gudel teaches in the areas Monique Egli Costi is an expert in German courts. Professor Eser gave a public of contracts, employment discrimination, international securities regulatory affairs. lecture “Human Rights guarantees in criminal jurisprudence and labour law. During her visit she is writing a monograph on law and procedures from a European AUGUST the International Organisation of Securities perspective.” Commissions (IOSCO). She is also preparing a March Carol Rose, Ashby Lohse Professor of Water paper on IOSCO’s strategic direction for and Natural Resource Law, University of presentation at a conference. Mario Patrono, Sapienza University of Rome, Arizona & Gordon Bradford Tweedy Emeritus Cheryl Saunders is a laureate professor and is a regular visitor to the Faculty. Professor Professor of Law and Organisation, Yale Law holds a personal chair in law at the University of Patrono teaches in Community and European School. Professor Rose gave an NZCIEL public Melbourne. She is presenting the annual Robin Union Law. He continues to research and write lecture entitled “Enlisting Market Forces in Cooke Lecture entitled “Human Rights: on matters of comparative constitutional law Service to the Environment – the Optimists vs Interpretation, Declarations of Inconsistency and the law of small states. the Pessimists”. and the Limits of Judicial Power”. APRIL Janet McLean, Professor of Law at Auckland University, is a former academic at Victoria and Ben Boer, Law Foundation Distinguished a former Director of the New Zealand Institute Visiting Fellow 2011. Emeritus Professor Ben of Public Law at Victoria University of Boer is at the University of Sydney, where he Wellington. Professor McLean gave a paper at teaches various units of study in the Master’s

20 V.Alum 2011 From left,From Dr Professor Albin Emeritus Eser, Ben Professor and Boer, Judge Arthur Tompkins

Take three visitors: Human rights, the environment and stealing beauty ust before coming to Wellington, the former Yugoslavia. He served as a judge in t could only happen in Wellington. JVisiting Professor Dr Albin Eser and his wife German courts from 1971 and was director of IJudge Arthur Tompkins, from the Hamilton lost all their luggage in the Christchurch the Max Planck Institute for Foreign and District Court, had standing room only at his earthquake, including the papers he was International Criminal Law in Freiburg from 6pm lecture on a Friday in November: “Stealing scheduled to deliver. His talks could go ahead 1991 to 1994. Professor Eser has held many Beauty: Art Crime during War”. because he had a memory stick in the bag he was visiting professorships, including at the The lecture was a compelling mix of law, art, carrying and because he was lent a jacket by the University of California in Los Angeles and crime, history and human greed: “Art always Dean of Law at Victoria, Professor Tony Smith. Columbia University Law School in New York suffers during wartime,” says Judge Tompkins, Putting aside such unsettling circumstances, and the University of Texas at Galveston. “from the sack of the Temple of Solomon, Professor Eser gave a lecture “Human rights he New Zealand Law Foundation through the many crimes committed against the guarantees in criminal law and procedure from Distinguished Visiting Fellow 2011 was Ghent Altarpiece, and the depredations of a European perspective.” T Emeritus Professor Ben Boer. Napoleon and Hitler across Europe, this has New Zealand’s criminal Three Strikes law might always been so.” A Canadian, Ben Boer was appointed as Emeritus violate the principle of proportionality in Professor in Environmental Law in 2008 at the He covered fascinating examples of these sorts European human rights law, he said, stating that University of Sydney. Between 2006 and 2008, he of crimes, the people involved and some of the he was somewhat amazed by it: “Such legislation was the international Co-Director of the IUCN myths which surround them. These included the would probably pay insufficient heed to the (International Union for the Conservation of long history of the Four Horses of San Marco individuality of each case.” He said California’s Nature) Academy of Environmental Law and Basilica in Venice, the theft of Veronese’s Three Strikes law would certainly contravene Visiting Professor based at the University of Wedding at Cana, the sack of Constantinople by Article 49 of the European Union’s Charter of Ottawa, while continuing to teach in the Master the Fourth Crusade, the miracle of the Alt Fundamental Human Rights, which sets out of Environmental Law at the University of Aussee salt mine, the survival of the Sarajevo principles of legality and proportionality in Sydney. With his departure from Canada, he was Haggadah and the bizarre story connecting relation to criminal offences and penalties. appointed as an honorary Adjunct Professor at Goya, the Duke of Wellington, James Bond and His lecture covered the European Convention on the University of Ottawa. television licensing fees. Human Rights and the Charter mentioned above, His lecture “International Human Rights Norms Arthur Tompkins teaches Art in War at the current debate in Europe about the right to and Environmental Law” surveyed the Summer Masters Programme in International Art defend oneself and the nature of the presumption development of closer connections between the Crime and Heritage Protection Studies, offered of innocence, amongst other matters. international human rights regime and the annually by the Association for Research into Professor Eser is one of Germany’s best known international treaty regime for environmental Crimes against Art, in Umbria, Italy. criminal law academics and a former ad litem protection, using examples from a number of judge at the International Criminal Tribunal for regions.

Victoria University of Wellington | Faculty of Law www.victoria.ac.nz/law 21 A year in Review | Faculty Events 2011

Faculty events 2011 Faculty OF Law SEMINAR The Extra-Territorial Application of FEBRUARY Human Rights PUBLIC LECTURES Professor Campbell McLauchlan QC and The Accomplice Liability of Arms Vendors Dr Rayner Thwaites, VUW Faculty of Law for International Crimes OCTOBER James G Stewart, University of British Columbia LAUNCH Enhancing Performance-based Regulation: The Law and Language themed issue of the Lessons from New Zealand’s ‘Leaky Building’ VUW Law Review, an interdisciplinary Crisis initiative. Peter Mumford, Director, Ministry of Economic Development NOVEMBER A New Zealand Law Foundation Regulatory PUBLIC LECTURES Reform Project Lecture Stealing Beauty: Art Crime during War Judge Arthur Tompkins, District Court, MARCH Hamilton PUBLIC LECTURE See page 21. Human Rights Guarantees in Criminal Law The Principle of Proportionality and the and Procedure from a European Perspective Paradox of Constitutional Rights Professor Albin Eser, former director of the Dr Carlos L. Bernal-Pulido, Senior Lecturer, Max Planck Institute for Foreign and Macquarie School of Law, Sydney International Criminal Law and former judge in German courts JUNE With all due respect to the Judiciary? Lord Collins of Mapesbury, Inaugural Borrin See page 21. LAUNCH Fellow in the Law School at Victoria University, INAUGURAL LECTURE Special Edition of the VUW Law Review in Former Justice of the Supreme Court of the UK Treaties on the Frontier: Crown-Māori honour of Professor David McLauchlan’s Treaties other than the Treaty of Waitangi 40 years at the Faculty of Law BEEBY COLLOQUIUM ON and their significance See page 24. INTERNATIONAL LAW Perspectives on International Dispute Professor Richard Boast, VUW Faculty of Law INAUGURAL LECTURE Settlement from a Participant In association with the Vice-Chancellor’s office A Capital Custom: Victoria and the Rt Hon Sir Geoffrey Palmer SC LAUNCH New Zealand legal tradition In association with the Ministry of Foreign Wellington Community Justice Project Professor Geoff McLay, VUW Faculty of Law Affairs and Trade Guest Speaker: Judge Peter Boshier In association with the Vice-Chancellor’s Office See page 8. DECEMBER AUGUST APRIL INAUGURAL CONFERENCE DEAN’S RECEPTION Three workshops on the following themes: PUBLIC LECTURE To honour competitions and prizewinners Good Faith Bargaining; Employment Security; Statelessness in Europe and beyond See page 30 Dr Caroline Sawyer, VUW Faculty of Law National Employment Standards for New In association with the New Zealand SEPTEMBER Zealand Association of Comparative Law and the PUBLIC LECTURES New Zealand Labour Law Society in conjunction International Law Association Geographical Indications: with the Victoria University of Wellington Law International Deal Maker or Breaker? School MAY Professor Susy Frankel, VUW Faculty of Law and ROBIN COOKE LECTURE PUBLIC LECTURE Chair of the Copyright Tribunal (NZ). A Constitution as Catalyst: Different Paths International Human Rights Norms and In association with the New Zealand within Australasian Administrative Law Environmental Law Association for Comparative Law and the Professor Cheryl Saunders, University of Emeritus Professor Ben Boer, New Zealand Law International Law Association Melbourne Foundation Distinguished Visiting Fellow CISG & International Arbitration See page 21. – A Fruitful Marriage? Dr Petra Butler, VUW Faculty of Law In association with the New Zealand Association for Comparative Law

22 V.Alum 2011 New Zealand Centre for PUBLIC LECTURE New Zealand Centre of The Urgency Project Reports Public Law Claudia Geiringer, Polly Higbee and Professor International Economic Law Elizabeth McLeay, VUW Faculty of Law January/February JULY CONFERENCE THE TREATY DEBATE SERIES JULY Enhancing Stability in the International The foreshore and seabed revisited PUBLIC LECTURE Economic Order Matanuku Mahuika and Tom Bennion The role of the New Zealand Chief Coroner Supported by the New Zealand Law Foundation Chair: Dr Claudia Orange Judge Neil MacLean, Chief Coroner of New Zealand and sponsored in honour of Dan Chan New challenges going forward See page 4. Joris de Bres and Whaimutu Dewes AUGUST Chair: Dr Claudia Orange AUGUST PUBLIC LECTURES In association with Te Papa The Moral Force of the UK Human Rights Act PUBLIC LECTURE MARCH Rabinder Singh QC Enlisting Market Forces in Service to the Bill of Rights and Constitutional Conventions Environment – Optimists vs the Pessimists PUBLIC SEMINAR Professor Carol Rose, Ashby Lohse, Professor of The UK’s Human Rights Act: Its first ten Professor Janet McLean, University of Auckland See page 2. Water and Natural Resource Law, University of years, and its uncertain future Arizona, and Gordon Bradford Tweedy SYMPOSIUM Dr Mark Elliot, University of Cambridge Emeritus Professor of Law and Organisation, Celebrating 21 years of the New Zealand Bill Yale Law School MAY of Rights PUBLIC LECTURE & BOOK LAUNCH See page 2. SEPTEMBER Human Rights and Intellectual Property: Investor-State Dispute Settlement in the Mapping the Global Interface Trans-Pacific Partnership: Issues for New Professor Graeme W. Austin, VUW Faculty of Zealand Law, and Professor Laurence R. Helfer Amokura Kawharu, University of Auckland

Victoria University of Wellington | Faculty of Law www.victoria.ac.nz/law 23 A year in Review | Faculty publications 2011

Faculty publications 2011

FACULTY OF LAW • TE KAUHANGANUI TATAI TURE FACULTY OF LAW • TE KAUHANGANUI TATAI TURE W E I V E R W A L N O T G N I L L E W F O Y T I S R E V I N U A I R O T C I V VUW Law Review Framework of Protections for the Māori Volume 42, Number 4 W E I V E R W A L N O T G N I L L E W F O Y T I S R E V I N U A I R O T C I V Victoria University Language Māmari Stephens Victoria University of Wellington October 2011 of Wellington Volume 42, Number 1 Law Review 259 The Use of Tangata Whenua and Mana Law Review 615 The Prisoners’ May 2011 Whenua in New Zealand Legislation: Dilemma and Political Issue in Honour of Attempts at Cultural Recognition 2 4 E M U L O V 2 4 E M U L O V

V O L U M E 4 2 • N U M B E R 3 • OCTOBER 2011 V O L U M E 4 2 • N U M B E R 1 • M A Y 2 0 1 1 Systems: The Impact ISSUE HONOUR OF PROFESSOR DAVID MCLAUCHLAN

C D ML' C Geoff McLay and Nessa Lynch ...... 1 Catherine Iorns Magallanes E E W I B: F J T  E  N Z David Bullock ...... 459 Professor David B W'  C A T  P D ML S   D  T Emily Buist-Catherwood ...... 485 Amelia Keene and Sarah Leslie ...... 3 E  C  P-C U: T P

C   E  C P Hon Justice Stephen Ks ...... 17 3 R E B M U N

1 R E B M U N of Proportional  P C Kristina Bunting ...... 511 T U D  P P Susy Frankel ...... 37 N-C-S: A I  G  S N-C  M  C – A! G J Tolhurst, J W Carter and Elisabeth Peden ...... 49 D D Jesse Slankard ...... 537 L: P, S  T John Burrows ...... 65 277 Action Pending: Four Years on from the S  R: E  C, Y P,  I-G C  N Z: P T  D, T F (Y C J  O) A Mclauchlan U I  U D – K-S? Rick Bigwood ...... 83 A 2010,  14 Hannah Wilson ...... 561 T F D  J V P – W D T A C C: T M   F  C  Fij  Sarah Wilson ...... 589  W D T C Jane Knowler and Charles Rickett ...... 117 Representation on C  A  C T: A R 

W  R B Frances Dawson...... 135 1 1 0 2 R E B O T C O C F   P  L – T  New Zealand Sign Language Act 2006 R D Francesco A Schurr ...... 159 D ML –P 1972-2011 ...... 175 1 Celebrating David 1 1 0 2 Y A M Criminal Justice in NZ Rachel Locker McKee McLauchlan’s Nicola Lacey 299 Can the Polynesian Languages be Used in Contribution Geoff 639 Harris v Fitzherbert: the Proceedings of the Assembly of French McLay and Nessa Lynch Customary Rights of Labour on a Shore Polynesia? Alain Moyrand and Tony Angelo 3 But Where’s the Contract? A Tribute to Whaling Station Stuart Anderson 307 Les Langues de Polynésie Française et la Professor David McLauchlan Amelia Keene 653 Treaties Nobody Counted On R P Boast Constitution: Liberté, Egalité, Identité and Sarah Leslie 671 Understanding Freedom of Religion in a Marc Debène 17 Constraints on the Exercise of Contractual Religious Industry: Kosher Slaughter 331 Droit et Semiotique: La Cohérence Powers Hon Justice Stephen Kós (Shechita) and Animal Welfare Joel Silver Narrative Sylvie André 17 The Uncertain Doctrine of Part 705 Use of Alternative Ways of Giving Evidence 343 english in the 2010s – Getting up Close and Performance Susy Frankel by Vulnerable Witnesses: Current Personal John Jamieson 49 Masters v Cameron – Again! G J Tolhurst, Proposals, Issues and Challenges Yvette 353 The China-NZ FTA and Waxing Juridical J W Carter and Elisabeth Peden Tinsley and Elisabeth McDonald Ruiping Ye and Ricarda Kessebohm 65 Legislation: Primary, Secondary and 743 Index to Volume 42 367 Law, Language and Latin American Tertiary John Burrows

NEW ZEALAND CENTRE FOR PUBLIC LAW Constitutions Joel Colón-Ríos W A L L A N O I T A N R E T N I D N A C I L B U P F O L A N R U O J D N A L A E Z W E N Te Wānanga o ngā Kaupapa Ture ā Iwi o Aotearoa 83 Ill-Gotten Contracts in New Zealand: NZ Journal of Public 387 Language and Anglican Canon Law – New Zealand Journal of

Parting Thoughts on Duress, Undue and InternatiNZCPLo OCCASIONALnal PAPERS Law Public and International Law 1 Workways of the United States Supreme Court Justice Ruth Bader Ginsburg Dabbling Briefly into Another Legal World 2 The Role of the New Zealand Law Commission Justice David Baragwanath 3 Legislature v Executive-The Struggle Continues: Observations on the Work of the Regulations Review ˜––’ĴŽŽ Influence and Unconscionable Dealing – Hon Doug Kidd 4 The Maori Land Court-A Separate Legal System? Volume 9, Num Chief Judge Joe Williamsber 1 5 The Role of the Secretary of the Cabinet-The View from the Beehive Bill Atkin Marie Shroě 6 The Role of the Governor-General Dame Silvia Cartwright Kiwi-Style? Rick Bigwood 7 Final Appeal Courts: Some Comparisons Lord Cooke of Thorndon 8 Parliamentary Scrutiny of Legislation under the Human Rights Act 1998 Anthony Lester QC 399 Bringing the New Philology to Pacific Legal June 2011 9 Terrorism Legislation and the Human Rights Act 1998 Anthony Lester QC 10 2002: A Justice Odyssey Kim Economides 117 The Fiduciary Duties of Joint Venture 11 Tradition and Innovation in a Law Reform Agency VOLUME 9 • NUMBER 1 • JUNE 2011 Hon J Bruce Robertson 12 Democracy Through Law 1 human LordRights: Steyn History R P Boast 13 Hong Kong's Legal System: The Court of Final Appeal Hon Mr Justice Bokhary PJ

9 L O V THIS ISSUE INCLUDES CONTRIBUTIONS BY: 14 Establishing the Ground Rules of International Law: Where To from Here? Parties – When do They Arise and What Do Bill Mansęeld 15 The Case that Stopped a Coup? The Rule of Law in ħ’ The Hon Sir Anthony Mason AC KBE Joel Coln-Ríos George Williams Stephen Rivers-McCombs Cristiano d'Orsi 17 The ĜŒ’Š• Information Act 1982: A Window on Government or Curtains Drawn? Zuryati Mohamed Yusoff 417 Legal Transplants: Word-Building and Interpretation, Steven Price 18 Law Reform & the Law Commission in New Zealand ŠĞŽ› 20 Years - We Need to Try 1 O N a ’Ĵ•Ž Harder Rt Hon Sir Geoěrey Palmer They Comprise? Jane Knowler and Charles 19 Interpreting Treaties, Statutes and Contracts Declarations Rt Hon Judge Sir Kenneth Keith of Word-Borrowing in Slavic and South Available from the New Zealand Centre for Public Law Faculty of Law, Victoria University of Wellington, PO Box 600, Wellington, New Zealand Rickett e-mail [email protected], fax +64 4 463 6365 1 1 0 2 E N U J Pacific Legal Discourse Nigel J Jamieson Inconsistency and the FACULTY OF LAW 135 Contract as Assumption and Consideration Te Kauhanganui Tatai Ture Limits of Judicial Power FACULTY OF LAW • TE KAUHANGANUI TATAI TURE Theory: A Reassessment of Williams v W E I V E R W A L N O T G N I L L E W F O Y T I S R E V I N U A I R O T C I V Volume 42, Number 3 Hon Sir Anthony Mason AC KBE Roffey Bros Francis Dawson Victoria University October 2011 of Wellington 17 Notes on Democracy and Constitution- 159 Charitable Foundations in the Principality Law Review Making Joel Colón-Ríos of Liechtenstein – Tradition and Recent 459 Electoral Expression 43 Planning in Wonderland: The RMA, Local Developments Francesco A Schurr With Institutional

2 4 E M U L O V Democracy and the Rule of Law 175 David McLauchlan: Publications 1972-2011 Bounds: Framing V O L U M E 4 2 • N U M B E R 3 • OCTOBER 2011 E E W I B: F J T  E  N Z David Bullock ...... 459 S   D  T Emily Buist-Catherwood ...... 485 E  C  P-C U: T P Stephen Rivers-McCombs 3 R E B M U N  P C Kristina Bunting ...... 511 N-C-S: A I  G  S N-C  Judicial Treatment of D D Jesse Slankard ...... 537 S  R: E  C, Y P,  T F (Y C J  O) A A 2010,  14 Hannah Wilson ...... 561 FACULTY OF LAW • TE KAUHANGANUI TATAI TURE C C: T M   F  C  Fij  Sarah Wilson ...... 589 W E I V E R W A L N O T G N I L L E W F O Y T I S R E V I N U A I R O T C I V 83 Which Legal Protection for Migrants in

Volume 42, Number 2 Elections in New 1 1 0 2 R E B O T C O Sub-Saharan Africa Cristiano d’Orsi Victoria University Zealand David Bullock August 2011 of Wellington 119 The Malaysian Personal Data Protection Law Review 485 Simunovich and the Special Issue: Act 2010: A Legislation Note Defence of Truth Emily Buist-Catherwood Law and Language 511 estoppel by Convention and Pre- Zuryati Mohamed Yusoff 2 4 E M U L O V

V O L U M E 4 2 • N U M B E R 2 • AUGUST 2011

SPECIAL ISSUE: LAW AND LANGUAGE Editorial Note Tai Ahu Mary Boyce Ricarda Kessebohm 181 Sylvie André Joel Colón-Ríos Catherine Iorns Magallanes Contractual Understandings: The Position Tony Angelo Marc Debène Rachel Locker McKee Volume 9, Number 2 Bill Atkin Rodrigo Gomez Alain Moyrand 2 R E B M U N Winifred Bauer Rachael Hoare Māmari Stephens R P Boast John Jamieson Ruiping Ye 183 Translating Nigel J Jamieson and Practical Consequences Kristina December 2011 Decolonisation 1 1 0 2 T S U G U A Bunting 137 Consent Searches and Section 21 of the NZ Rodrigo Gomez 537 Non-Common-Sensical: An Inference of Bill of Rights Act 1990 Christopher Harker 187 The Wanganui/ Guilt to Sanction Non-Compliance with 167 The Busy House: Alternatives to the Whanganui Debate: A Linguist’s View of Defence Disclosure Jesse Slankard Urgency Motion Sascha Mueller Correctness Winifred Bauer 561 Swings and Roundabouts: Evaluating the 193 Japanese Scientific Whaling in Antarctica: 201 Utu: Finding a Balance for the Legal Māori Children, Young Persons, and Their Is Australia Attempting the Impossible? Dictionary Families (Youth Courts Jurisdiction and Maya Park Tai Ahu, Rachael Hoare and Māmari Orders) Amendment Act 2010, s 14 223 Strengthening Regional Fisheries Stephens Hannah Wilson Management – An Analysis of the Duty to 221 Mana Aha? Exploring the Use of Mana in 589 Coup Culture: The Military and the Failure Cooperate Elise Anne Clark the Legal Māori Corpus Mary Boyce of Constitutionalism in Fiji Sarah Wilson 247 Tort, Settlements and Government: A 241 Taonga, Rights and Interests: Some 615 Law Theses, Masters and Honours Papers Preliminary Inquiry Geoff McLay Observations on WAI 262 and the 2008–2010 Deposited in the Law Library 271 Foreshore and Seabed, Again RP Boast

24 V.Alum 2011 Authored Books Edited Books and Special Issue Journals Tony Angelo Private International Law – South Pacific (The Netherlands, Wolters Kluwer, 2010) Gordon Anderson Gordon Anderson, J Hughes, P Roth, M Leggat 170pp. Labour Law in Employment Law: A Practical Guide New Zealand (LexisNexis, Wellington, 2010) 1174pp. Tony Angelo (with R Pulehetoa-Mitiepo, K S Sinahemana Hekau, Dr G Manful, Dr J Barnett, S (The Netherlands, Wolters Tony Angelo and Yves-Louis Sage (eds) (2011) Kluwer, 2011) Waller, T Fletcher) Niue – Second National 17 Comparative Law Journal of the Pacific: Communication Relating to the United Nations 237pp. Revue Juridique Polynesienne, 126pp. Framework Convention on Climate Change (Niue Tony Angelo, Yves-Louis Sage and O Aimot Climate Change Project, Wellington, 2010) 132pp. (eds) Droit Foncier et Gouvernance Judiciaire dans le Pacifique Sud Essais Comparatistes/ Reference Works and Teaching Texts Gordon Anderson Land Law and Judicial Governance in the South Tony Angelo and M Majeed Legislation of Reconstructing New Pacific Comparative Studies (Comparative Law Zealand’s Labour Law: Seychelles: A Finding List of Acts and Statutory Journal of the Pacific Revue Juridique Instruments as at 20 June 2011 (Law Consensus or Divergence? Polynesienne, Wellington 2011) 406pp. (Victoria University Press, Publications, Wellington, 2011) 179pp. Wellington, 2011) Tony Angelo and Māmari Stephens (eds) Tony Angelo and N Stephens The Cook Islands 280pp. Victoria University of Wellington Law Review Legislation Supplement 2010-2011 as at 19 April Special Issue: Law and Language (2011) 42(2) 2011 (Law Publications, Wellington, 2011) 116pp. 278pp. Tony Angelo and N Stephens The Cook Islands Graeme Austin Bill Atkin (ed) International Survey of Family Legislation: A Finding List as at 19 April 2011 and L Helfer Law 2011 (Bristol, Jordan Publishing, 2011) (Law Publications, Wellington, 2011) 170pp. Human Rights and 424pp. Tony Angelo and Ruiping Ye Niue Legislation Intellectual Property: Petra Butler, Jonathan Boston and Caroline Supplement 2009-2011 (Law Publications, Mapping the Global Morris (eds) Reconstituting the Constitution Wellington, 2011) 101pp. Interface (Heidelberg, Springer, 2011) 519pp. (Cambridge University Bill Atkin International Encyclopaedia of Laws Susy Frankel (ed) Learning from the Past, Press, New York, 2011) “Family Law” New Zealand (Kluwer, 2008) Adapting for the Future: Regulatory Reform in 568pp. 146pp. New Zealand (Wellington, LexisNexis, 2011) Susy Frankel 555pp. Chapters in Books Intellectual Property in Nessa Lynch and Geoff McLay (eds) Victoria New Zealand Gordon Anderson and D Wahyudhi “Report on University of Wellington Law Review Special (2nd ed, LexisNexis, New Zealand” in Monika Schlachter (ed) The Issue in Honour of Professor David McLauchlan Wellington, 2011) Prohibition of Age Discrimination in Labour (2011) 42(1) 180pp. 900pp. Relations (Nomos, Baden Baden, 2011) 373-442. Elisabeth McDonald and Yvette Tinsley (eds) Graeme Austin “The Regulation of Consumer From “Real Rape” to Real Justice: Prosecuting Credit Products: An Examination of Baseline Rape in New Zealand (Wellington, Victoria Assumptions” in Susy Frankel (ed) Learning University Press, 2011) 552pp. Dean Knight and from the Past, Adapting for the Future: Chris Mitchell Nicole Moreham, I Christie, M Warby and H M Regulatory Reform in New Zealand (LexisNexis, Local Government Law in Tugendhat (eds) Tugendhat and Christie: The Wellington, 2011) 295-310. Practice Law of Privacy and the Media (2nd ed, Oxford Mark Bennett and Joel Colón-Ríos “Public (LexisNexis, Wellington, University Press, London, 2010) 800pp. Participation and Regulation” in Susy Frankel 2011) Caroline Sawyer and B K Blitz Statelessness in (ed) Learning from the Past, Adapting for the 726pp. the European Union: Displaced, Undocumented Future: Regulatory Reform in New Zealand and Unwanted (Cambridge University Press, (LexisNexis, Wellington, 2011) 21-69. Cambridge, 2010) 340pp. Richard Boast and N Quigley “Regulatory Law Alive Grant Morris Reform and Property Rights in New Zealand” in The New Zealand Legal System in Context Law Alive: The New Monographs Susy Frankel (ed) Learning from the Past,

Edignat hil inciis sunt, intur amus vel et que res evende es soloriae eum volut modictium et es SECOND EDITION Zealand Legal System in sust antur aditat atia necum fugiandis doluptas sunt praest, temporibus nonsed que la idestiae Adapting for the Future: Regulatory Reform in audant fugitatur? Modis accum re in conserro que latiist, voluptat reicate laut etusdam ratur Tony Angelo Constitutional Law in New magnamus porum estiae nus. Law Alive Ratiis cullam explici enduntotam, si dolor as quibusdae cum laborio. Ad mi, sime as eicias nobit ad ulparum quam fuga. Nimusapid mi, optaqui temolupta experum im in rem es aut excesti- num essinci sit, comnis eum ipsunti am vent libus mo offic tem eum aut ommolo oditiur maio. Context Uga. Nequi dolores excea nonseratium quam qui oditae cuptatem consequ isitaque molupita volenimperum nonsequam harissed quatiisquis demquat aspere dunt et pa veliquam quam, con Zealand (The Netherlands, Wolters Kluwer, New Zealand (LexisNexis, Wellington, 2011) 127- rempernat adis eaqui ut prerionseni alibusdaeces pro ius, quod eat. SECOND EDITION Pero esectatur sum susdamus aut dolo modis ea sum ventem nessunt omnis soluptur sequam qui omnimus estium quisqui antibeaquos etur? Law Alive Ratiis cullam explici enduntotam, si dolor as quibusdae cum laborio. Ad mi, sime as eicias nobit The New Zealand Legal System in Context (2nd ed, Oxford University ad ulparum quam fuga. Nimusapid mi, optaqui temolupta experum im in rem es aut excesti- num essinci sit, comnis eum ipsunti am vent libus mo offic tem eum aut ommolo oditiur maio. 2011) 184pp. 143. Uga. Nequi dolores excea nonseratium quam qui oditae cuptatem consequ isitaque molupita volenimperum nonsequam harissed quatiisquis demquat aspere dunt et pa veliquam quam, con System in Context The New Zealand Legal rempernat adis eaqui ut prerionseni alibusdaeces pro ius, quod eat. Press, Melbourne, 2011) Tony Angelo Private International Law – Petra Butler “Articles 53-60 CISG” in Stefan Morris 256pp. Mauritius (The Netherlands, Wolters Kluwer, Kröll, Loukas Mistelis and Pilar Perales Grant Morris 2010) 70pp. Viscasillas (eds) UN-Convention on the visit us at: oup.com.au or contact customer service: [email protected]

MOR_LA2e_CVR_2pp.indd 1 29/04/11 2:43 PM International Sale of Goods (CISG) (Beck & Hart Publishing, Baden Baden, 2011).

Victoria University of Wellington | Faculty of Law www.victoria.ac.nz/law 25 A year in Review | Faculty publications 2011

Petra Butler “Disability Discrimination in New Adapting for the Future: Regulatory Reform in Elisabeth McDonald and Yvette Tinsley Zealand” in Marcia H Rioux, Lee Ann Basser, New Zealand (LexisNexis, Wellington, 2011) “Rejecting ‘one size fits all’: Recommending a and Melinda Jones (eds) Critical Perspectives on 527-553. Range of Responses” in Elisabeth McDonald and Human Rights and Disability Law (Brill, Susy Frankel and John Yeabsley “Introduction” Yvette Tinsley (eds) From “Real Rape” to Real Herndon, 2011). in Susy Frankel (ed) Learning from the Past, Justice: Prosecuting Rape in New Zealand Petra Butler “It needs Two to Tango – Have Adapting for the Future: Regulatory Reform in (Victoria University Press, Wellington, 2011) they Learned their Steps?” in Evans/Knopf (eds) New Zealand (LexisNexis, Wellington, 2011) 377-438. Judicial Supremacy or Inter-institutional 1-15. Elisabeth McDonald, Yvette Tinsley and Dialogue? Political Responses to Judicial Review Dean R Knight “Judicial Supervision of Local Jeremy Finn “The Potential Impact of Other (Johns Hopkins Series in Constitutional Decision-Making” in Jean Drage and others Proposed Reforms on Processes in Sexual Thought, 2011). (eds) Along a Fault-Line: New Zealand’s Violence Cases” in Elisabeth McDonald and Petra Butler “Rights and Regulation” in Susy changing Local Government Landscape Yvette Tinsley (eds) From “Real Rape” to Real Frankel (ed) Learning from the Past, Adapting (Dunmore Publishing, Wellington, 2011). Justice: Prosecuting Rape in New Zealand for the Future: Regulatory Reform in New (Victoria University Press, Wellington, 2011) Dean Knight “Patriating our Head of State: A 105-119. Zealand (LexisNexis, Wellington, 2011) 241-265. Simpler Path” in Caroline Morris, Jonathan Petra Butler “The Electronic Communications Boston and Petra Butler (eds) Reconstituting the Elisabeth McDonald, Yvette Tinsley and Convention and the CISG – Help or Window- Constitution (Springer, London, 2011) 107-122. Jeremy Finn “Identifying and Qualifying the Dressing?”, in Schwenzer/Spagnolo (eds) Decision-Maker: the Case for Specialisation” in Dean Knight and Rayner Thwaites “Review Elisabeth McDonald and Yvette Tinsley (eds) Liability under the CISG (Eleven International and Appeal of Regulatory Decisions: The Publishing, Den Haag, 2011). From “Real Rape” to Real Justice: Prosecuting Tension between Supervision and Performance” Rape in New Zealand (Victoria University Press, Petra Butler “The Use of Foreign Judgments in in Susy Frankel (ed) Learning from the Past, Wellington, 2011) 221-278. New Zealand Courts” in Festschrift fuer Adapting for the Future: Regulatory Reform in Ingeborg Schwenzer zum 60 (Bern, Staempfli New Zealand (LexisNexis, Wellington, 2011) Nicole Moreham “Privacy Rights” in Mark Verlag, 2011). 215-240. Warby QC, Nicole Moreham and Iain Christie (eds) and Michael Tugendhat (consulting ed) Petra Butler and Andrew Butler “Protecting Meredith Kolsky Lewis “Open Accession Tugendhat and Christie Law of Privacy and the Rights” in Caroline Morris, Jonathan Boston, Provisions in FTAs: A Bridge Between Media (2nd ed, Oxford University Press, Petra Butler (eds) Reconstituting the Regionalism and Multilateralism?” in Junji London, 2010) 59-88. Constitution (Springer, Heidelberg, 2011), 157- Nakagawa (ed) Multilateralism and Regionalism 184. in Global Economic Governance: Trade, Nicole Moreham “Protection against Investment and Finance (Routledge, 2011). Intrusion” in Mark Warby QC, Nicole Moreham Joel Colón-Ríos “Kelsen en Nueva Zelanda and Iain Christie (eds) and Michael Tugendhat (Kelsen in New Zealand)” in Gonzalo Ramírez Meredith Kolsky Lewis “The Politics and (consulting ed) Tugendhat and Christie Law of Cleves (ed) Sobre los Hombros de Kelsen: Ecos Indirect Effects of Asymmetrical Bargaining Privacy and the Media (2nd ed, Oxford del Pensamiento de Kelsen en el Mundo [On the Power in Free Trade Agreements” in Tomer University Press, London, 2010) 431-470. Shoulders of Kelsen: Echoes of Kelsen’s Thought Broude, Marc Busch and Amelia Porges (eds) around the World] (Universidad Externado de The Politics of International Economic Law Nicole Moreham, Anna Coppola and Ian Colombia, Bogotá, 2011). (Cambridge University Press, London, 2011). Christie “Privacy in Europe and the Common Law” in Mark Warby QC, Nicole Moreham and Joel Colón-Ríos and Martin Hevia “El Nuevo y Elisabeth McDonald “Complainant desire for Iain Christie (eds) and Michael Tugendhat el Viejo Igualitarismo (The New and the Old Information, Consultation and Support: How to (consulting ed) Tugendhat and Christie Law of Egalitarianism)”, in Martin Hevia (ed) Filosofia Respond and Who should Provide?” in Elisabeth Privacy and the Media (2nd ed, Oxford Politica y Derecho Privado – Fundamentos de la McDonald and Yvette Tinsley (eds) From “Real University Press, London, 2010) 89-162. Responsabilidad Civil (Editorial Fontamara, Rape” to Real Justice: Prosecuting Rape in New Mexico, 2011) 125-161. Zealand (Victoria University Press, Wellington, Nicole Moreham, with Mark Warby QC and 2011) 168-220. Matthew Nicklin “Publication of Personal Susy Frankel “A Brief Perspective: the History Information: Special Issues” in Mark Warby QC, of Copyright in New Zealand”, in Brian Elisabeth McDonald and R Souness “From Nicole Moreham and Iain Christie (eds) and Fitzgerald and Benedict Atkinson (eds) ‘Real Rape’ to Real Justice in New Zealand/ Michael Tugendhat (consulting ed) Tugendhat Copyright Future Copyright Freedom (Sydney Aotearoa: the reform project” in Elisabeth and Christie Law of Privacy and the Media (2nd University Press, Sydney, 2011) 72-79. McDonald and Yvette Tinsley (eds) From “Real ed, Oxford University Press, London, 2010) Susy Frankel and Meredith Kolsky Lewis Rape” to Real Justice: Prosecuting Rape in New 353-392. “Trade Agreements and Regulatory Autonomy: Zealand (Victoria University Press, Wellington, 2011) 31-84. Joanna Mossop “The Security Challenge Posed The Effect on National Interests” in Susy by Scientific Permit Whaling and its Opponents Frankel (ed) Learning from the Past, Adapting Elisabeth McDonald and Yvette Tinsley in the Southern Ocean” in Rothwell, Scott and for the Future: Regulatory Reform in New “Evidence Issues” in Elisabeth McDonald and Hemmings (eds) Antarctic Security in the Zealand (LexisNexis, Wellington, 2011) 411-442. Yvette Tinsley (eds) From “Real Rape” to Real Twenty-First Century: Legal and Policy Susy Frankel and Megan Richardson “Trans- Justice: Prosecuting Rape in New Zealand Perspectives (Routledge, 2011). Tasman Intellectual Property Coordination” in (Victoria University Press, Wellington, 2011) 279-376. John Prebble and Rebecca Prebble “Does the Susy Frankel (ed) Learning from the Past, Use of General Anti-Avoidance Rules to Combat

26 V.Alum 2011 Tax Avoidance Breach Principles of the Rule of Māmari Stephens “The right to social security Journal ArticleS Law? A Comparative Study” in Susy Frankel (ed) in New Zealand” in Margaret Bedggood and Kris Tai Ahu, Māmari Stephens and R Hoare “Utu: Learning from the Past, Adapting for the Gledhill (eds) Law in Action: Implementing Finding a Balance for the Legal Māori Future: Regulatory Reform in New Zealand Economic Social and Cultural Rights in Dictionary” (2011) 42(2) Victoria University of (LexisNexis, Wellington, 2011) 93-123. Aotearoa New Zealand (Human Rights Foundation, Wellington, 2011). Wellington Law Review 201-220. John Prebble, with Dennis Becher, Svenja Gordon Anderson “Good Faith in the Brandt, Alberto Costi, David Dunbar, Matthew Māmari Stephens “The Whānau Ora approach” Individual Employment Relationship in New Fountain, Franca Frenzel, David Pickup, Philip in M Claire Dale, M O’Brien and S St John (eds) Zealand” (2011) 32(3) Comparative Labor Law & Postlewaite, Rebecca Prebble, Viktoria Preusker, Left Further Behind: how policies fail the Policy Journal 685-727. Yves-Louis Sage. “Statutory General Anti- poorest children in New Zealand (Child Poverty Avoidance Rules of Income Tax Law and Action Group, Wellington 2011) 33-44. Gordon Anderson, Peter Gahan, Richard Comparable Judicial Rules of the Common Law Kate Stone “Creating a Constitutional People” Mitchell and Andrew Stewart “The Evolution of and the Civil Law” in Andrew Maples and in Reconstituting the Constitution Caroline Labor Law in New Zealand: A Comparative Adrian Sawyer (eds) Taxation Issues, Existing Morris, Jonathan Boston and Petra Butler (eds) Study of New Zealand, Australia and Five Other and Emerging (2011) Centre for Commercial and (Springer, Heidelberg, 2011) 485-500. Countries” (2011) 33(1) Comparative Labor Law Corporate Law, Christchurch 101 – 134. & Policy Journal 137-170. Yvette Tinsley “Investigation and the Decision Caroline Sawyer and Brad K Blitz to Prosecute in Sexual Violence Cases” in Tony Angelo and A Moyrand “Can the “Statelessness in the European Union” in Brad K Elisabeth McDonald and Yvette Tinsley (eds) Polynesian Languages be Used in the Blitz and C Sawyer (eds) Statelessness in the From “Real Rape” to Real Justice: Prosecuting Proceedings of the Assembly of French European Union: Displaced, Undocumented and Rape in New Zealand (Victoria University Press, Polynesia?” (2011) 42(2) Victoria University of Unwanted (Cambridge University Press, Wellington, 2011) 120-167. Wellington Law Review 299-306. Cambridge) 3-21. Yvette Tinsley “The Current Process for Tony Angelo and Y-L Sage «Chronique de Droit Caroline Sawyer and Brad Blitz “The Issue: Prosecuting Sexual Offences” in Elisabeth Neo-Zelandais» (2011) 17 Comparative Law research design and methodology” in McDonald and Yvette Tinsley From “Real Rape” Journal of the Pacific: vue Juridique Statelessness in the European Union: Displaced, to Real Justice: Prosecuting Rape in New Polynesienne 119-125. Undocumented and Unwanted Sawyer and Blitz Zealand (Victoria University Press, Wellington, Bill Atkin “Language and Anglican Canon Law – (eds) (Cambridge University Press, Cambridge) 2011) 85-104. Dabbling Briefly into Another Legal World” 141-159. Kate Tokeley “Consumer Law and Paternalism: (2011) 42(2) Victoria University of Wellington Caroline Sawyer “Statelessness in Europe: legal a Framework for Policy Decision-Making” in Law Review 387-398. aspects of de jure and de facto statelessness in Susy Frankel (ed) Learning from the Past, Mark Bennett “Hart and Raz on the Non- the European Union in Statelessness in the Adapting for the Future: Regulatory Reform in Instrumental Moral Value of the Rule of Law: A European Union: Displaced, Undocumented and New Zealand (Wellington, LexisNexis, 2011) Reconsideration” (2011) Law and Philosophy Unwanted Sawyer and Blitz (eds) (Cambridge 267-289. 603-635. University Press, Cambridge) 69-107. Richard Boast “Contextualising the Decisions Caroline Sawyer, Brad K Blitz and Miguel of the Native Land Court: The Chatham Islands Otero-Iglesias “De Facto Statelessness in the Investigations of 1870” (2010) 41(3) Victoria United Kingdom” in Sawyer and Blitz (eds) University of Wellington Law Review 623-652. Statelessness in the European Union: Displaced, Undocumented and Unwanted (Cambridge Richard Boast “Foreshore and Seabed, Again” University Press, Cambridge) 160-194. (2011) 9(2) New Zealand Journal of Public and International Law 273-286. Caroline Sawyer, Brad K Blitz “Analysis: the practical and legal realities of statelessness in Richard Boast “Bringing the New Philology to the European Union” in Sawyer and Blitz (eds) Pacific Legal History” (2011) 42(2) Victoria Statelessness in the European Union: Displaced, University of Wellington Law Review 399-416. Undocumented and Unwanted (Cambridge Richard Boast “Treaties Nobody Counted On” University Press, Cambridge) 281-305. (2011) 42(4) Victoria University of Wellington Caroline Sawyer with Brad K Blitz Law Review 652-670. “Conclusion” in Statelessness in the European Petra Butler “The Use of the CISG in Domestic Union: Displaced, Undocumented and Law: The Annals of the Faculty of Law in Unwanted Sawyer and Blitz (eds) (Cambridge Belgrade” (2011) Belgrade Law Review. University Press, Cambridge) 306-311. Joel Colón-Ríos “Carl Schmitt and Constituent Paul Scott “Competition Law and Policy” in Power in Latin American Courts: The Cases of Susy Frankel (ed) Learning from the Past, Colombia and Venezuela” (2011) 18(3) Adapting for the Future: Regulatory Reform in Constellations: An International Journal of New Zealand (LexisNexis, Wellington, 2011) Critical and Democratic Theory 365-388. 71-91.

Victoria University of Wellington | Faculty of Law www.victoria.ac.nz/law 27 A year in Review | Faculty publications 2011

Joel Colón-Ríos “De-constitutionalizing Elisabeth McDonald and Yvette Tinsley “Use Democracy” (2011) 47 California Western Law of Alternative Ways of Giving Evidence by Review 41. Vulnerable Witnesses: Current Proposals, Issues Joel Colón-Ríos and Allan C Hutchinson and Challenges” (2011) 42(4) Victoria University “Democracy and Constitutional Change” (2011) of Wellington Law Review 705-742. 58 Theoria: A Journal of Social and Political Campbell McLachlan “A long road home” Theory 43-62. (2010) 15(3) Art, Antiquity and Law 275-280. Joel Colón-Ríos “Law, Language and Latin Campbell McLachlan “Agora, Gary Born American Constitutions” (2011) 42(2) Victoria international commercial arbitration” (2010) 26 University of Wellington Law Review 367-386. International Arbitration 175-180. Joel Colón-Ríos “New Zealand’s Constitutional Carwyn Jones “Tino Rangatiratanga and David McLauchlan “Commonsense Principles Crisis” (2011) 24(3) New Zealand Universities Sustainable Development. Principles for of Interpretation and Rectification” (2010) 126 Law Review 448-477. Developing a Just and Effective System of Law Quarterly Review 8-14. Joel Colón-Ríos “Notes on Democracy and Environmental Law in Aotearoa” (2010) 3 Journal David McLauchlan and Matthew Lees Constitution-Making” (2011) 9(1) New Zealand of Māori Legal Writing (Te Tai Haruru) 59-74. “Construction Controversy” (2011) 28 Journal of Journal of Public and International Law 17-42. Dean Knight “Mapping the Rainbow of Review: Contract Law 101-121. Joel Colón-Ríos “The Three Waves of the Recognising Variable Intensity” (2010) 2 NZ David McLauchlan “A Construction Constitutionalism-Democracy Debate in the Law Review 393-431. Conundrum?” [2011] Lloyds Maritime and United States (And an Invitation to Return to Dean Knight “Shaking Our Constitutional Commercial Law Quarterly 428-448. the First)” (2011) 18 Willamette Journal of Foundations” (2010) 33(4) Public Sector. David McLauchlan “Common Intention and International Law and Dispute Resolution 1-37. Meredith Kolsky Lewis “Australians Get Their Contract Interpretation” (2011) Lloyd’s Joel Colón-Ríos and Martin Hevia “The Legal First Taste of New Zealand Apples in Ninety Maritime and Commercial Law Quarterly 30-50. Status of Puerto Rico and the Institutional Years” (2011) 15, 25 ASIL Insights . Interest in Contract Damages” (2011) 127 Law Hispanic Journal of Law and Policy. Meredith Kolsky Lewis “The Trans-Pacific Quarterly Review 23-27. Joel Colón-Ríos and Allan Hutchinson Partnership: New Paradigm or Wolf in Sheep’s David McLauchlan and Rick Bigwood “Lapse of “Democracy and Revolutions: An Enduring Clothing?” (2011) 34(1) Boston College Offers Due to Changed Circumstances: A Relationship?” (2011) Denver University Law International and Comparative Law Review Contract Conversation” (2011) 27 Journal of Review 1-25. 27-52. Contract Law 222-246. Alberto Costi “Overcoming Barriers to the Meredith Kolsky Lewis “The prisoner’s Geoff McLay “The Problem with Suing Implementation of the Rome Statute in the dilemma posed by free trade agreements: Can Sovereigns: Sloman (1876)” (2010) 41(3) Victoria Pacific: A Functional Proposal for a Regional open access provisions provide an escape?” University of Wellington Law Review Special Mechanism” (2010) 4 Asia-Pacific Yearbook of (2010) 11 Chicago Journal of International Law Issue: New Zealand Leading Cases 403-426. International Humanitarian Law. 631-661. Grant Morris “Bench v Bar: Contempt of Court Alberto Costi “Nuclear Weapons, Non- Elisabeth McDonald “Sexual Violence on trial: and the New Zealand Legal Profession in Gillon Proliferation & International Security: Year in An Update on Reform Options” (2011) 25(1) v MacDonald (1878)” (2010) 41(3) Victoria Review” (2010) 8 New Zealand Yearbook of Women’s Studies Journal 63-69. University of Wellington Law Review Special International Law Elisabeth McDonald, Yvette Tinsley and Issue: New Zealand Leading Cases 541-562. Alberto Costi «De la Définition et du Statut des Jeremy Finn “Introduction to this Special Issue” Grant Morris and K Lewis “Imaginings of Legal ‘Réfugiés Climatiques’: Une Première Réflexion» (2011) 17 Canterbury Law Review 377-383. Education in New Zealand Fiction” (2010) 20 (2010) 16 Yearbook of the New Zealand Elisabeth McDonald “The Views of Legal Education Review 193-222. Association for Comparative Law 489-505. Complainants and the Provision of Information, Joanna Mossop “Law of the Sea and Fisheries: Susy Frankel “The Uncertain Doctrine of Part Support and Legal Advice: How much Should a Year in Review” (2010) 8 New Zealand Yearbook Performance” (2011) 42(1) Victoria University of Prosecutor Do?” (2011) 17 Canterbury Law of International Law. Wellington Law Review 37-48. Review 442-462. John Prebble and Rebecca Prebble “Does the Catherine Iorns-Magallanes “Indigenous Rights Elisabeth McDonald and S Bishop “What’s in use of General Anti-Avoidance Rules to Combat and Democratic Rights in International Law: An an Issue? The Admissibility of Propensity Tax Avoidance Breach Principles of the Rule of ‘Uncomfortable Fit’?” (2010) 111 UCLA Journal of Evidence in Acquaintance Rape Cases” (2011) 17 Law? A Comparative Study” (2011) 55 Saint International Law and Foreign Affairs 111-182. Canterbury Law Review 544-566. Louis University Law Journal 22-45. Catherine Iorns-Magallanes “The Use of Elisabeth McDonald and Yvette Tinsley John Prebble “Exploiting Form in Avoidance by Tangata Whenua and Mana Whenua in New “Reforming the Rules of Evidence In Cases of International Tax Arbitrage – Arguments Zealand Legislation: Attempts at Cultural Sexual Offending: Thoughts from Aotearoa/New Towards a Unifying Hypothesis of Taxation Recognition” (2011) 42(2) Victoria University of Zealand” (2011) 15(4) The International Journal Law” (2011) 7 Asia-Pacific Tax Bulletin 8-14. Wellington Law Review 259-276. of Evidence and Proof 311-337.

28 V.Alum 2011 John Prebble and Chye-Ching Huang “The SHORT ARTICLES, CASE NOTES REPORTS Rescission Doctrine: Clothes Without an AND BOOK REVIEWS Emperor” (2011) 131 Tax Notes 721-728. Bill Atkin et al Supporting Children – A Tony Angelo “Student Companion – Conflict of Government Discussion Document on Updating John Prebble and Chye-Ching Huang “The Laws – Wing Hung Printing Co Ltd v Saito the Child Support Scheme (NZ Law Society, Fabricated Unwind Document: The True Offshore Pty Ltd” (2011) July New Zealand Law Wellington, November, 2010) 24pp. Meaning of Penn v Robertson” (2011) 7 Hastings Journal 204-205. Law Journal 117-167. Claudia Geiringer, Polly Higbee and Elizabeth Bill Atkin and N L Crombie “Editorial: New McLeay The Urgency Project: Consultation Craig Elliffe, John Prebble, and Neil Russ, “Key Meaning for Historic Term: de Factos as Document (Wellington, 2010) 74pp. practical issues to eliminate double taxation of ‘spouses’ in New High Court Ruling” (2010) 6 business income” (2011) 96b Cahiers de Droit Catherine Iorns-Magallanes Indigenous NZ Family Law Journal 313-315. Fiscal International 471 – 495. Co-Management of Natural Resources: Joel Colón-Ríos “Los Enredos del El ELA que Discussion of Good Practices for EMRIP Caroline Sawyer and Alex Lau “Is Hong Kong Queremos (Y Cómo Evitarlos) (The Mistakes of Technical Workshop, March 2011” (United admitting quality migrants under the Quality the Commonwealth we Want (And How to Avoid Nations Expert Mechanism on the Rights of Migrants Scheme?” (2011) 25(4) Journal of Them))” (2010) February Claridad. Indigenous Peoples, 2011) 57pp. Immigration, Asylum and Nationality Law 380- 390. Joel Colón-Ríos “Unas Preguntitas sobre el ELA Campbell McLachlan, S Schwebel and B Ajibola Helnan Int’l Hotels v Egypt : Decision of ad hoc Paul Scott “Taking a Wrong Turn? The Supreme Soberano” (A Few Questions about the Sovereign Annulment Committee (International Centre for Court and Section 36 of the Commerce Act” Commonwealth)” (2010) February Claridad. the Settlement of Investment Disputes, (2011) 17(3) New Zealand Business Law Joel Colón-Ríos «Las Opiniones ‘Secretas’ del Washington DC, 14 June 2010) 26pp . Paul Scott “The Purpose of Substantially del Debate sobre el Estatus? [The Secret Lessening Competition: The Divergence of New Opinions of the U.S. Supreme Court: The End of Campbell McLachlan, S Schwebel and E Silva Zealand and Australian Law” (2011) 19 Waikato the Status Debate?]», (2011) August Claridad. Romero Rumeli Telekom v Kazakhstan: Decision of ad hoc Annulment Committee (International Law Review 168-193. Carwyn Jones “Book Review: The Treaty of Centre for the Settlement of Investment Waitangi companion: Māori and Pakeha from Paul Scott and Mark Berry “Merger Analysis of Disputes, Washington DC, 25 March, 2010) 59pp Tasman to Today” (2011) 7(1) Alternative: An Failing or Exiting Firms under the Substantial . Lessening of Competition Threshold” (2011) 16 International Journal of Indigenous Peoples 68-69. Campbell McLachlan, P Tomka and D Hascher Canterbury Law Review 17-47. Nessa Lynch “A Change in the Law for Child Fraport AG v Philippines: Decision of ad hoc Offenders: The Children, Young Persons, and Māmari Stephens “Hunting for legal Māori Annulment Committee (International Centre for their Families (Youth Courts Jurisdiction and language and the right to use it” (2010) The the Settlement of Investment Disputes, Orders) Amendment Act 2010” (2010) 6 New Journal of Legal Māori Writing 75-88. Washington DC, 23 December, 2010) 112pp Zealand Family Law Journal 289-292. Māmari Stephens “’Tame Kaka’ still? Māori . Nessa Lynch “Changes to Youth Justice” (2010) Members, and the use of Māori language in the Campbell McLachlan, P Tomka and D Hascher New Zealand House of Representatives” (2010) May New Zealand Law Journal 129-130. Duke Energy v Peru: Decision of ad hoc 14 Law Text Culture 220-246. Nessa Lynch “Doli Incapax” (2011) Annulment Committee (International Centre for Māmari Stephens “Taonga, Rights and New Zealand Law Journal 245. the Settlement of Investment Disputes, Interests: Some Observations on WAI 262 and Caroline Sawyer Book Review: Caitriona ni Washington DC, 1 March, 2011), 89pp . Language” (2011) 42(2) Victoria University of and Allen White Childhood and Migration in Campbell McLachlan, P Sands P and L Boisson Wellington Law Review 241-258. Europe (Ashgate, 2011) in (2001) 25(3) Journal de Chazournes The ILA Hague Principles on Māmari Stephens and Mary Boyce “Finding a of Immigration, Asylum and Nationality Law. Ethical Standards for Counsel Appearing before Balance: Customary Legal Terms in a Modern Tony Smith “Case Note: Can Proscribed Drugs International Courts and Tribunals (Work of Māori Legal Dictionary” (2011) 4(24) be the Subject of Theft” (2011) 70(2) Cambridge the International Law Association Study Group International Journal of Lexicography. Law Journal 289-291. on the Practice and Procedure of International, Rayner Thwaites “Process and Substance: The Hague, 2011) 10 LPICT, 10pp. Charkaoui I in the Light of Subsequent Yvette Tinsley, J Goodman-Delahunty, P Developments” (2011) 62 University of New Saunders and M Dhami Strengthening Forensic Brunswick Law Journal 13-35. Science in Korea (Charles Sturt University, Yvette Tinsley “Investigation and the Decision to Wagga Wagga, 2011) 302pp. Prosecute in Sexual Violence Cases: Navigating the Competing Demands of Process and Outcome” (2011) 17 Canterbury Law Review 388-418. Kate Tokeley “Towards a New Regulatory Regime for New Zealand Online Auctions” (2011) I New Zealand Law Review.

Victoria University of Wellington | Faculty of Law www.victoria.ac.nz/law 29 A year in Review | STUDENT Prizewinners 2011

Student prizewinners 2011 Dean of Law, Smith Tony Professor Each year outstanding students receive prizes to reward their talent and celebrate their achievements.

Competition winners 2011 Bell Gully Mooting Kristina Bunting and David Bullock Minter Ellison Rudd Watts Witness Examination William Findlay Russell McVeagh Client Interviewing David Smith and Laila Dookia Buddle Findlay Negotiation Jessica Murchison and James Pearson Buddle Findlay Junior Mooting David Hill and Jacob Bourke VUWLSS Junior Negotiation Molly Woods and Lauren Brazier

Faculty of Law prizewinners 2010 Faculty of Law Prize in Legal System Thomson Reuters Prize in Jurisprudence A H Johnstone Scholarships in Law Best result in LAWS 121 Legal System Best work in Jurisprudence class Best result in top three 200-level courses Jasmin Moran Kimberley Lewis Amy Dixon and Adele Taylor John Miller Award – Undergraduate Thomson Reuters Prize in the Law of Contract AJ Park Prize in Intellectual Property Award in Social Justice and Community Best work in Law of Contract class Top result in Intellectual Property Development Adele Taylor Fiona Pringle Helena Nunn Val Gormly Memorial Prize Archibald Francis McCallum Scholarship in Law LEADR Prize in Dispute Resolution Top student in LAWS 301 Property Law Best result in LAWS 301 Property Law Best work in Dispute Resolution David Bullock David Bullock Abby Tearle VicBooks Award – Laws 301 Bernard Randall Prize in Family Law Lord Cooke of Thorndon Prize Top tutor in LAWS 310 Top student in LAWS 370 Best student entering the Honours programme Abby Tearle Amy Whittaker Adele Taylor VicBooks Award – Laws 214 Chapman Tripp Prize Mario Patrono Prize in Legal System Top tutor in LAWS 214 Top graduating law student Highest average grades in LAWS 121, 122 & 123 Amy Whittaker Christopher Harker Laura Hardcastle VicBooks Award – Laws 211 Chris Highfield Memorial Prize in Judicial Law NZ Law Review Prize Top tutor in LAWS 211 Best result in LAWS 322 Judicial Review Top students over four 200-level Law courses Anne O’Driscoll Conrad Reyners Carissa Cross, Amy Dixon and Adele Taylor VicBooks Award – Laws 213 Chris Highfield Memorial Prize in Public Law Quentin-Baxter Prize in International Law Top tutor in LAWS 213 Best result in LAWS 213 Public Law Best work in LAWS 340 International Law David Bullock Kimberley Lewis David Bullock VicBooks Award – Laws 212 Coleman-Brown Memorial Award Quentin-Baxter Prize in Public and Top tutor in LAWS 212 Top female student in the field of Legal Theory International Law LLM Sarah Wilson Kimberley Lewis Shannon Ward Medal of Excellence Cullen Employment Law Prizes Robert Orr McGechan Memorial Prize Christopher Harker Top students in LAWS 355 Employment Law Best work for VUWLR Linda Clark, Cameron Elliot and Dirk Lenz David Bullock

30 V.Alum 2011 A year in Review | STUDENT ACHIEVEMENTS 2011

Student achievements 2011

expert in equity), Justice Brennan (former Chief Australasian mooting competition Justice of Australia) and a partner from Mooting competition in Hong Kong Mallesons, the Victoria team was closely beaten The Victoria moot team of David Bullock, A Victoria University Law School team by one from the University of Otago, finishing Kristina Bunting and Campbell Herbert composed of Sam Humphrey and Sarah Wilson the tournament second out of 32 teams. travelled to Australia in mid-July to compete in won the 9th Annual Red Cross International the Australian Law Students Association Victoria also performed admirably in other Humanitarian Law Moot (an inter-university National Championship Moot. The annual event disciplines: the Client Interviewing team (David competition for the Asia-Pacific region) in Hong is part of the ALSA conference and provides an Smith and Laila Dookia) breaking to the Kong in March. opportunity for Australasian law students to quarterfinals; and the Witex competitor William They performed superbly in the semi-finals and test their practical legal skills in a moot court. Findlay, and Negotiation team (James Pearson finals, which were held at the High Court and Jess Murchison) performing well in their Throughout the four preliminary rounds, the building and received prizes for second and preliminary rounds. Overall, New Zealand VUW team faced university teams from third best oralists in the competition and for teams won three out of the four competitions Adelaide, Western Australia, Queensland and second best memorial. They were accompanied they entered. Tasmania and had three wins. The arguments by Associate Professor Alberto Costi and Senior involved issues regarding negligence and the Kristina Bunting Lecturer Joanna Mossop. liability of a public body for psychiatric injury The competition featured 20 teams from the under the Civil Liability Act 2002 (NSW); the Asia-Pacific region (including Australian enforceability of a contract following the death Blues Awards winners National University, a joint NUS and SMU team of an appointed arbitrator; the effect of a partly- Blues are the highest recognition Victoria from Singapore and the three Hong Kong-based written, partly-oral contract; and liability under University can give to students who have law schools), representing either the Prosecutor the Corporations Act 2001 (Aus.) for statements brought credit to the University through their of the International Criminal Court or the made to the Australian Securities Exchange. sporting achievements. Two law students, Defendant, each arguing twice in a preliminary The team’s success placed it in the top bracket. Sebastian Templeton and Richard D’Ath, were round, with three teams representing the They advanced to the quarterfinals where they honoured in this year’s awards. Prosecutor and three teams acting for the came up against the University of Auckland. Richard D’Ath was a finalist for the Victoria Defence participating in the semi-finals. Appearing before a bench comprised of a University Sportsperson of the Year and The best teams for the Prosecutor (Hidayatullah Sydney barrister and a Professor of Criminal received a Blues Award for Sports. Richard was National Law University from India) and the Law at UNSW, and acting for the Crown, in the team that were runners-up in the Joynt Defendant (Mr Humphrey and Ms Wilson) then Victoria successfully argued for the dismissal of Scroll competition. met in the finals, which was judged by Mr an appeal of convictions for murder and Antoine Bouvier, Legal Adviser, International manslaughter. The moot covered issues of mens Sebastian was named the University’s Sports Committee of the Red Cross (Geneva); the Hon rea, party liability and intervening acts. Administrator of the Year. He is President of the University’s Debating Society; President of the Mr Justice Patrick Chan, Permanent Judge, For the semifinals, the team travelled to the NZ Universities’ Debating Council and the Court of Final Appeal, HKSAR; and Mr Michael Sydney offices of Australian law firm Mallesons Chairperson of the VUWSA Sports Council. Crowley, Senior Lecturer, Edith Cowan Stephen Jacques to face the University of University (the author of the problem). Adelaide. The bench was two solicitors from This year he was Chief Adjudicator of the Unlike the other teams in Hong Kong, the Mallesons (one of whom had previously led Officer’s Cup and South Island Novice Champs, Victoria Law School team did not have to win a UNSW to win the Philip C. Jessup International and a selector at the Joynt Scroll and the North national round before competing there. This Law Moot), and a Justice of the Supreme Court Island Novice Champs. He currently holds the disadvantage, in terms of mooting experience, of New South Wales. Faced with the challenge of Centennial Cup for the Best Adjudicator in New was minimised in part by the kind assistance of arguing against a High Court of Australia Zealand. a number of colleagues, adjuncts, practitioners authority on a point of law, the team was able to Sebastian coached a Wellington Regional and the participants of last year, who tested the successfully distinguish the case at hand. The Schools Debating Team and was convenor of the students in a number of rehearsals and offered win pushed it through to the Grand Finals. Wellington School Premier ‘A’ Debating Grade. invaluable advice. Faced with 18 hours to prepare in the rather The Debating Society has won more The achievement could not have been realised daunting area of Australian restitution and competitions in 2011 than any other year. without the support of the Hong Kong Red equity, the Victoria team presented a case Sebastian is also Vice-President of the Cross, the International Committee of the Red involving misappropriated funds, unjust Australasian Intervarsity Debating Society. Cross Mission in the Pacific, and the Law enrichment and breach of trust. Appearing in School. the Banco Court before Michael Evens (an

Victoria University of Wellington | Faculty of Law www.victoria.ac.nz/law 31 A year in Review | student activities 2011

Student activities 2011 Law Camp 2011 tennis O-Week Top: Bottom: Students at the Women in Law evening

However, Law Camp was only the curtain raiser side of what the Society does. As always, 2011 From the Law Students’ Society to a stream of events in the first few weeks of also meant ensuring quality advocacy for law President school. Chapman Tripp O-Week kicked off the students, running legal skills competitions and biggest T-shirt night ever, with around 500 promoting a range of educational initiatives. n the late haze of summer, the 2011 students cramming in to our new venue at Bar We looked to broaden the scope of O-Week by Iexecutive took to its work with green horns Bodega. Those poor souls looking for a introducing lunchtime talks where a range of and an aim to increase the reach of its activities revitalising breakfast the next morning were prominent figures spoke about their interests and broaden engagement with students. By thoroughly rewarded with their Recovery and explained the different ways they had used building on the work of previous executives and Brunch tickets, while the Tennis Evening was their law degree. It was fantastic to see the keeping the core of what makes the Society once again a success thanks to our friends at spectrum of opinions presented. One could not great, we hoped to make things relevant and Thorndon Tennis Club. The first few weeks also help but appreciate the special level of interesting to all members. saw the prestigious Jackson Trophy up for grabs accessibility available in New Zealand, with at the Bell Gully Staff-Student Cricket. With these aims in mind and the year behind us, students getting the chance to engage directly I’m glad to say that 2011 has been a very Throughout the year, students also found time with the likes of Mai Chen, Jack Hodder SC, successful year. to relax with all the old favourites – the DLA Judge Bill Hastings and MFAT CEO John Allen. Phillip Fox Cocktail Night, Morrison Kent Quiz February posed the first challenge of the year: Also in the first term was the running of the Night, and, of course, the Russell McVeagh Law How to bring 80-ish slightly awkward second- annual legal skills competitions, the launch of Ball. And for leaving students, the IPLS Leavers’ year law students together? We thought we the Kensington Swan first-year mentoring Dinner meant one last ‘hurrah’, with guest would send them to the wilderness (aka no cell programme, a very successful bake sale to raise speaker Professor Bill Atkin imparting some phone coverage). money for the Christchurch Earthquakes, and a ‘wise words’ for the future. The second annual Law Camp was once again a forum for law students considering overseas great success. With lots of activities and a VUWLSS even committed to hosting the biggest exchange. rugby fixture of 2011: the annual Law-Geology chance for students to get to know each other in With the help of IPLS we introduced a new rugby match. Much like Wales’ semi-final match a relaxed setting, it has been great to see this annual seminar explaining what students might against France, fate had the law students robbed initiative continue. It has been especially expect in the transition from student to and the precious Greywacke Trophy was lost for encouraging to see the increased cohesion professional. It was great to see this initiative the first time. amongst the 200-level cohort and their high come together with a range of perspectives level of participation in events and competitions However, while all these events promote an (public sector, community law, in-house this year. important sense of community and some much counsel, corporate law) represented by our needed relaxation for students, they are only one panellists. A great deal of thanks must go to

32 V.Alum 2011 Top: The MMP Top: debaters Bottom: Women in Law evening The Law Ball 2011

those who volunteered their time to help. With a The evening proved a fantastic success and good explanation of how professionals work Law Ball 2011 thanks must go to major sponsor Russell and what to expect in the workplace, it will be McVeagh for making the event possible. An assortment of dark hues reigned supreme at exciting to see this initiative continue. the Queen’s Wharf Ballroom as Foxglove hosted The Law Students’ Society also wishes to thank During the year we also held an important the Russell McVeagh Law Ball for 2011. Kate Slyvester and Crane Brothers for providing debate on the upcoming referendum on best-dressed awards, and the Victoria While the theme may have been “All Black”, the electoral systems, worked closely with the University of Wellington Students’ Asociation charms of the humble rugby clubroom would Wellington Community Justice Project in for its continuing support of the Society’s have stood no match for this monochromatic promoting tenancy rights, and held the third activities. wonderland, with a nightscape of glowing annual Law Students’ Society Patron’s Lecture. candles and carefully arranged flowers With the topic “What would Ethel Benjamin complementing the ballroom’s rich wooden think?” Chapman Tripp once again hosted the tones. Women in Law evening. It was a sobering but Over 400 students glided into the premier encouraging event, with some very affecting social event of the year, dressed to the nines and words from Helen Cull QC, Green Co-Leader dripping with class and sophistication. Metiria Turei, Associate Professor Elisabeth McDonald and Chapman Tripp Principal Emma While the decorum of the string quartet Sutcliffe. prevailed early in the evening, things soon gave way to raucous dancing as live band Johnny and I would like to thank everyone who has helped the Dreamboats took centre stage and everyone make 2011 a success for the Law Students’ partied the night away. Society. In particular, I would like to single out the outstanding individuals in this year’s As always, the evening provided an excellent executive. That enthusiasm and initiative has opportunity for students and staff to mix, been hugely appreciated. mingle and ‘let the hair down’ in a polished setting. With too many stories than could The Society is in fine shape and I look forward possibly be printed here, it is safe to say many to some exciting developments in 2012 from new friends were made. incoming president, Ben Land-Maycock, and his team. David Smith

Victoria University of Wellington | Faculty of Law www.victoria.ac.nz/law 33 A year in Review | student activities 2011

The annual Bell Gully cricket match staff-student The annual third Lecture Patron’s

However, despite posting a reasonable total the This year, the Society was privileged to have Bell Gully Staff-Student Cricket students were eventually run down in a tense Attorney-General, the Honourable Christopher last two overs. While staff captain Bill Atkin was David Fraser notes in his book, Cricket and the Finlayson, speak about his experiences from a stabilising presence throughout the innings, it Law: The Man in White is Always Right, that ‘University to the Bar’, with Sir Geoffrey was a man-of-the-match performance from Bell cricket and law share many common providing commentary. Gully maestro, Michael Green, that saw the staff characteristics. Among others, these include the team home. Rather than talk about his career as politician, ideals of fair play, ‘gentlemanly behaviour’, and Mr Finlayson gave a memorable address about ‘good sportsmanship’ . Whoever won, a good crowd, great food from surviving Law School and encouraged students Wholly Bagels, beautiful weather and plenty of It is perhaps therefore not surprising that to question authority. While admitting that he hydrating beverages made for a brilliant event. cricket is practically infused in the DNA of was a “model conformist” while at school, the Thanks must go to sponsors Bell Gully, and Victoria University Law School. The hallways of Attorney-General said that although students staff, students and supporters for coming along the Old Government Buildings echo with the should be realistic, they shouldn’t to be afraid to and making a day of it. ghosts of games won and lost on the bounce of rebel for those things that matter to them. He the ball; classrooms resound with the cricketing With the first student loss in recent memory, also urged students to maintain a healthy work- of anecdotes of lecturers; and perhaps the most next year’s match is sure to be a cracker as the life balance. His final words were “do a few memorable judgment studied by students students seek revenge and reclaim the coveted things, and do them well.” concerns none other than the game in white Jackson Trophy. Sir Geoffrey praised Mr Finlayson, and in (read: Miller v Jackson). reference to his own political past, noted that there were “good people on both sides of the With a view to bringing these two magnetically Third Annual Patron’s Lecture attracted entities together, the Law Student’s House.” He also agreed with the substance of Society once again held the Bell Gully Staff- In 2011, the Law Students’ Society held its third the Attorney-General’s message but wasn’t as Student Cricket Match on a clear blue day in annual Patron’s Lecture, which provides a forum optimistic about students acting on it saying: March. for the formal recognition of the Society’s “Well done on your speech, Chris, however I’m achievements, as well as a chance to hear from an not sure if they will take it in.” Playing in Twenty20 format and batting first on esteemed member of the legal community. It also After some thought-provoking questions from a green Kelburn Park pitch, the students shot recognises the role of the Society’s Patron, who off to a good score. Cameo appearances from the audience, Law Students’ Society President provides commentary and facilitates discussion David Smith thanked both speakers and invited sporting titans Robert Hegarty, Paul Ranier and on issues raised by the guest speaker. The role of Jesse Strafford ensured that the students guests to finish the evening with canapés and Patron is held by former Prime Minister and refreshments at Rutherford House. retained some much needed impetus long-time friend of the Law Student’s Society, throughout the innings. Sir Geoffrey Palmer KCMG, SC. Joseph Jajjo and David Smith

34 V.Alum 2011 Following tradition, the production was filled the directors’ and producers’ abilities to yell until Law Revue with skits showcasing the talent of some things they wanted, happened. remarkably skilful cast members. Apparently The curtain rises to a sight repressed by three A huge thanks needs to go the sponsors. This one can study a law degree and still have time decades of Wellington lawyers and law students; years’ sponsors provided the support needed to for other things – who knew? Fun was poked at David McLauchlan setting an assignment for the pull off a successful production. This involved bus drivers with maskophobia, Christchurch, class. The goal: a video of John Rowles singing financial support, free stomach-filling support nuclear meltdown in Japan and of course the the Carbolic Smoke Ball jingle. Those students for the cast, and a trip over to Picton on the South Island generally. Had you ever wondered who can obtain it will get an A+ and those who Interislander creating sets for a number of skits why Justices Wild, Savage and Smellie were so cannot will fail the paper. No regard is to be had as well as a convenient run in with Governor- named, the cast was there to explain it to you. for the bell curve: remember, we’re lawyers, not General Jerry Mateparae for a five second cameo. Not to mention the odd inside legal joke and a statisticians. At least, we think it was him. It may have been a more light-hearted consideration of New look-alike with an equally impressive moustache Our heroes, Chris, Karen and Tina, quickly Zealand politics in election year. who responded to ‘sir’. This year the Law Revue found themselves stuck in a world of movies – Nothing was sacred, everything was offensive, was proudly sponsored by the Wellington Branch guided by John Key, but not John Key as we though, as the cast repeated in the final number: of the New Zealand Law Society, Chapman Tripp, know it. The original John Key moved to this “but you laughed anyway didn’t you?”. Minter Ellison, Russell McVeagh, Simpson ‘world of movies’ many years ago, leaving Grierson, The Interislander, Simply Legal, the behind a robot in his place, incapable of doing The cast this year was made up of 30 of the Costume Cave, Thomson Reuters and Hell Pizza. much more than smiling and waving but brightest from Wellington with some connection apparently doing quite well for himself. The to a law degree. Be it grappling with Public Law, If you missed it or are keen to relive the greatest group find themselves in a variety of movies relaxing in the public service, photocopying as a night of your life, DVDs are available for over the course of the Revue. They encounter a law clerk or being a BA student who has made a purchase – email [email protected]. mystical genie, singing nuns, camp Nazis, and a conscious effort to avoid a law degree at all costs, Keep an eye out for the casting call next year if collection of worryingly ferocious oompa- each made it through auditions into a you want to be involved in the funniest thing to loompas in their quest towards a surprising, but comparatively small cast. Putting together a come out of Law School. somehow equally predictable conclusion – a feat production in a short period demonstrated Nigel Smith only possible in a Law Revue. everyone’s talent and determination, as well as

Victoria University of Wellington | Faculty of Law www.victoria.ac.nz/law 35 v.alum 2010 | Law Graduates 2011

Law graduates 2011

Qualifications granted by the Victoria University of Wellington Council for the Law Faculty in 2011 at the time of publication: Master of Laws McGeown, Jeremy [2/1] Coulston, Nicola King, Emma Rapson, Sophie Michel, Paul [2/1] Craig, Stephanie Knighton, Deborah Renwick, Maxine Andreau, Emma Moinfar, Yasmin [1] Croft, Craig Law, Nicholas Revell, Wallace Barker, Sarah [M] Muir, Ashley [2/1] Dalit, Kristina Leadbetter, Sarah Riach, Claire Bishop, Stephanie [D] Mulholland, Mark [2/1] de Montalk, Andrew Leathart, Harriet Roach, James Buchinski, Juliane [M] Naik, Monica [2/1] Dempster, Helen Lee, Richard Robb, James Gardjito Bismo, Nunki O’Driscoll, Anne [1] Dinneen, Luke Legaspi, Maria Francesca Robb, Stephanie Gill, Sukhjit [M] On, Maria [1] Dombroski, Alice Leloir, Louis Robertson, Julia Gush, Frances [D] Osman, Robert [2/1] Dryden, Victoria Leslie, Katherine Rood, Georgina Hercher, Philipp [D] Owen, Elizabeth [1] Dye, Alexander Lethbridge, Harriet Ross, Christopher Hill, Meredith Pedler, Hadleigh [1] Eglinton, Hamish Lindsay, Julia Ross, Peter Holder, Florian Pentecost, Cameron [1] Evans, Allex Lloyd, Benjamin Rowe, Anna Holzinger, Esther [M] Rigby, Alicia [2/1] Fallow, Jordan Logan, Nicholas Sagele, Vai Johns, Lorraine [M] Rivers-Mccombs, Stephen [1] Foster, Darren Loh, Sarah Scanlon, Bernadette Johnson Navis, Mary Ann Shaw, Susannah [1] Franks, Monique Lovegrove, Shanelle Scarlet, Kathryn Kessen, Johannes [D] Sheehan, Christopher [2/1] Frowein, Kate Lowe, Rita Schroder, Alexander Klesse, Julia [M] Spelman, Julia [1] Gall, Kelly-Ann Lythgoe, Jeremy Schröter, Lukas Krauthausen, Udo [M] Tearle, Abby [1] Garcia, Andrea Maass, Amanda Schumacher, Miriam Lodemann, Matthias [M] Thomson, Ellen [1] Gastaldo-Brac, Nadia Major, Elizabeth Scott, Dale Martin, Andrea Whittaker, Amy [1] Gay, Elizabeth Mallinson, Maxine Shaw, Andrew Modeste, Dara [D] Whittington, Stephen [2/1] Gazley, Scott Manning, Gina Shih, Chung-Ren Niedermeier, Sandra [M] Williams, Katherine [2/1] Gendall, David Marks, Jared Smith, Anna Perera, Samanthi Williams, Lara [2/1] Gibson, Merran Martin Grant, Rhys Smith, Ryan Pietschmann, Thomas [M] Gibson, Owen Mazengarb, Hayden Solomon, Naomi Poata, Meipara [M] Bachelor of Laws Goguel, Robert McCarthy, David Steele, Amy Polakoski, Julie May [M] Green, Fiona McGregor, Nicola Stephen, Erin Sander, Judith [D] Abraham, Rupert Griffith, Jonathon McIlroy, Aaron Stewart, Alistair Seitz, Karl Georg [M] Al Yarubi, Sumaiya Groundwater, Anna McKee, Duncan Stone, Kate Shand, Cecilia Arcus, Susan Haggie, Vanessa McKelvey, Jessica Story, William Shum, Dennis [M] Armstrong, Callum Haigh, Charlotte McKeown, Elliot Sue, Janice Sinclair, Angela Balasingam, Rachael Haigh, Stasia McLellan, David Sutherland, Crystal Sonntag, Michael [M] Bardebes, Nicole Haira, Keitaria Mcdonald, Fiona Tang, Regina Stehberger, Christopher Barnett, Rachel Handcock, Alice Mcgovern, Danica Tejano, Ronn Michael Thomas, Kym [M] Baxter, Kirsty Harison, Julia Melkiau, Anne Thomson, Sonja Turvey, Arnu [M] Baxter, Sophie Harrington, Mathew Melville, Julia Thurlow, Annika Williams, Te Rangimarie [M] Beashel, Liam Harris, Tracy Mihailoff, Alexa Townshend, Leith Woods, Lisa Bennett, Esther Harrison, David Minnee, Cassandra Tulitua, Tamara Zag, Natalie [M] Berry, Andrew Binsted, Katherine Hay, Heather Mosley, Carla Turner, Stephanie Bachelor of Laws Boddington, Mark Haynes, Nicola Moss, Jared Va’ai, Monique Moughan, Eileen Verbokkem, Nicola with Honours Bodington, Caroline Hensman, Caleb Broadhurst, Daniel Herd, Jessica Mumford, Nicholai Vermeulen, Lisa Armstrong, Nadine [1] Brown, Jane Herder, Brendan Nathu, Roshni Wakely, Benjamin Braithwaite, Jessica [1] Brown, Jeremy Hicklin, Esther Neil, Michael Waldron, Holly Bunn, Kristen [1] Bryant, Martin Hilton, Daniel Nicholson, Daniel Warner, Matthew Collings, Rachel [2/1] Budhia, Trushil Hislop, Claire Niven, Lisa Weatherhead, Raine Donnelly, Riki [2/1] Cade, Edward Hosegood, Sarah Nixon, Christopher Whatman, Patrick Fitzgerald, Joseph [1] Carr, Alexander Hutton, Leith Norman, Daniel Williams, Bronwyn Fransen, Abigail [1] Carroll, Michael Irving, Aaron O’Connor, Clare Williment, David Gilbert, James [1] Casey, Sharon Jackson, Alexandra O’Neill, Magnus Wilson, Claire Green, Michael [2/1] Chan, Shannon Johnson, Sharlene Parker, Bernard Young, Helen Grimwood, Timothy [1] Chiew, Jessica Johnston, Leah Patel, Hiran Young, Victoria Harcourt, Anna [2/1] Chin, Sarah Jones, David Petterson, Jonathan Harker, Christopher [1] Christeller, Oliver Juchnowicz, Christopher Pigou, Simon Graduate Ho, Alden [2/1] Christmas, James Julian Brougham, Gabriel Porter, Lisa Certificate in Law Juneja, Tarun [2/1] Christoforou, Emilia Keenan, Sean Prentice, Glen Gray, Brendon Langlands, Emma [1] Clark, Linda Kennerley, Aidan Press, Christina Le Leu, Jonathon Lau, Yi-Shen [2/1] Coffey, Nicci Kenyon, Alexandra Priest, Lauren Takitimu, Dayle Liu, Tina [2/1] Coleman, Michaela Kiddle, Kieran Prior, Catherine McCaffrey, Hugh [2/1] Cook, Helena Kim, Paul Raeburn, Jenna

36 V.Alum 2011 The Law Faculty | 2011

Faculty of Law 2011

Head of School Senior Lecturers Honorary Fellows Professor A.T.H (Tony) Smith Joel Colón-Ríos, BA JD Puerto Rico, LLM Tor, Brian Brooks, MA NZ, LLM Cantur, DipJur Syd PhD York(Can) Justice Denis Clifford, BA LLB(Hons) Well Professors Claudia Geiringer, BA(Hons) Otago, LLB Well, David B. Collins, QC, LLM LLD Well Gordon Anderson, LLM Cantur LLM Col Judge William K. Hastings, BA Tor, LLB York (Can), Anthony H. Angelo, Palmes Académiques, Catherine Iorns Magallanes, BA LLB(Hons) Well, LLM Lond BA LLM Well, DiplDrComp Stras LLM Yale Jack E. Hodder, SC, BA LLB(Hons) Well, William R. Atkin, BA LLM Well Dean Knight, BCA LLB(Hons) Well, LLM Br Col LLM Lond Graeme Austin, BA(Hons) LLM Well, JSD Col Meredith Kolsky Lewis, BA(Hons) N’Western, Justice Jill Mallon, LLB(Hons) Well, LLM C’nell Richard P. Boast, MA Waik, LLM Well MSFS JD G’town Bill Mansfield, BA LLM Well Susy Frankel, LLB(Hons) Well, LLM Lond Nicole Moreham, LLB(Hons) Cantur, Matthew Palmer, BA Cantur, LLB(Hons) Well, Campbell McLachlan, QC, LLB(Hons) Well, LLM PhD Cantab LLM JSD Yale Dip(cum laude) HagueAcIntlLaw, PhD Lond Grant Morris, LLB(Hons) BA(Hons) PhD Waik, Judge Peter Spiller, BA LLB PhD Natal, David W. McLauchlan, LLM Well LTCL LLM MPhil Cantab, PhD Cantur, PGCTT Waik Geoffrey McLay, BA LLB(Hons) Well, LLM SJD Mich Joanna Mossop, BA LLB(Hons) Well, LLM Col Jeremy Waldron, BA LLB Otago, DPhil Oxf John Prebble, BA LLB(Hons) Auck, BCL Oxf, Caroline Sawyer, BA(Hons) Oxf, MA Brunel, Justice Joe Williams, LLB Well, LLM Br Col JSD C’nell, Inner Temple PhD Bris Dan Chan Fellow 2012 A.T.H (Tony) Smith, LLM Cantur, LLD Cantab Paul Scott, LLB(Hons) LLM(Hons) Cantur Associate Professor Luo Li, LLB LLM CUPL, Māmari Stephens, LLB(Hons) MA Well PhD Köln Associate Professors/Readers Gordon W. Stewart, BA LLB(Hons) LLM Well, Petra Butler, LLM Well, Dr Jur Gött DipTchg Honorary Lecturers Alberto Costi, BA St-Jerome, LLB Mont, Kate Tokeley, LLB(Hons) LLM Well Brendan Brown, BCom Otago, LLB(Hons) Well DipIntl&CompLaw San Diego, DipAELS Bruges, Kenneth Johnston, BA GradDipHRM LLB Well LLM Harv Lecturers Steven Flynn, LLB(Hons) Well Elisabeth McDonald, BA LLB Well, LLM Mich Mark Bennett, BA LLB(Hons) Well, LLM Harv Justice Stephen Kós, QC, LLB(Hons) Well, Yvette Tinsley, LLB(Hons) PhD Birm Carwyn Jones, BA LLB Well, MA York(Can) LLM Cantur Nessa Lynch, BCL LLM NUI, PhD Otago Rayner Thwaites, BA LLB Melb, LLM Tor Visiting Lecturer Nancy Kim, LLM UCLA, BA(Hons) JD Calif Assistant Lecturers Tai Ahu, LLB BA Well Adjunct Lecturers Kate Stone, LLB BA(Hons) Well Gary Forrester, BSc MA E.Ill, DJur Ill Mark Gobbi, LLM Well, BSFS G’town, Distinguished Fellows JD UC (Davis) Sir Kenneth Keith, ONZ, KBE, LLB LLM Harv & Chris Mitchell, BA Massey, LLM Well Well, LLD(Hon) Auck & Well Steven Price, LLB(Hons) BA MJour Calif Sir Geoffrey Palmer, PC, KCMG, BA LLB Hon Kevin Riordan, ONZM, BA LLB Well, LLD Well, Hon LLD Wash, AC JurDr Chic, Hon LLM C’nell DHumLitt Hofstra Sir Ivor Richardson, PC, KB, PCNZ, LLB Cantur, LLM SJD Mich, Hon LLD Well & Cantur

V.ALUM © Victoria University of Wellington December 2011

Faculty of Law Victoria University of Wellington PO Box 600, Wellington 6140 New Zealand Phone +64-4-463 6366 Fax +64-4-463 6365 Email [email protected] Website www.victoria.ac.nz/law

Victoria University of Wellington | Faculty of Law www.victoria.ac.nz/law 37 Provide lasting support

For some of New Zealand’s best and brightest young law For further information on how you can make a bequest to students, the only thing that stands in the way of their the Victoria University Law Faculty, please contact: plans is the lack of funds to help realise them. By making a Diana Meads, Development Manager – Planned Giving bequest to Victoria University’s Law Faculty you can help Victoria University of Wellington to remove these financial barriers so that talented young Phone 0800 VIC LEGACY (0800 842 534) law students can fulfil their ambitions. Email [email protected]

You can choose to create a law scholarship in your name, If there is a particular matter you wish to discuss relating or in that of a loved one; direct your bequest to legal to your bequest, please contact: research; or simply leave an untied gift to the Law Faculty Professor Tony Smith, Dean of Law to be shared in the future. Whatever you choose, it is a Victoria University of Wellington Law Faculty legacy that will be remembered forever. Phone 04 463 6309, Email [email protected]