FACULTYFACULTY OFOF LALAWW A YEARYEAR ININ REVIEWREVIEW 20122012

Welcome to another edition of V.Alum ACH YEAR FOR THE PAST FIVE YEARS it has been my privilege to E introduce you to our year’s work and the many achievements of our staff and students. I am always compelled to state how proud I am of those achievements and you, as readers, are within your rights to think ‘He would say that, wouldn’t he?’ (as Mandy Rice Davies said of a witness to the judge of her trial).

This year is a little different. The work and talent of this Faculty has been judged in the QS World University Rankings by Subject, a global ranking that compares universities across 29 individual disciplines. The ranking features over 600 universities from 27 countries in the world, using more than 50,000 responses from academics and employers, and is the largest survey of its kind to date.

The Faculty of Law at Victoria ranked highest in law for a New Zealand university, in the top five of law faculties in Australasia and 23rd in the world. It is wonderfully satisfying to have all the hard work, persistence and sheer talent of my colleagues recognised.

On a more domestic note, our students feel the same way. In a survey of “Student Experience” conducted by Victoria University, we scored 89% in terms of satisfaction with their experience of this Faculty. This result is also rewarding in a different way. Our students are our ambassadors and a reflection of our core values and abilities. James G. Stewart, who

From the Dean graduated in 2000, this year had an article cited by the majority in the International Criminal Court’s first judgment. He says: “It was started in the lonely halls of Victoria’s Law Library all those years ago.”

Internationalism is an inherent part of this Faculty and its place in the capital. No-one illustrated this unique combination of local and global thinking better than Jeremy Pope, whose obituary we publish, along with other distinguished alumni. Jeremy’s funeral was extraordinary. It was held in beautiful Old St Paul’s and this country’s legal community gathered to mourn his passing. We heard messages from all over the world, including ones from George Soros, Sonny Ramphal, Mr Justice Kirby and several African Chief Justices.

We can all be proud of the contribution this Faculty and its alumni make in the world.

Professor ATH Smith Dean, VUW Law Faculty AfingeronWellington’s pulse– 5 Constitution ascatalyst 4 Kiamaukitekauwae: 3 Bright waters: Inside2 A YEARINREVIEW new ChairinPublicLaw Robin Cooke 2011 Lecture Te Kauwae Paraoa Re-launching thewaka 10 Conference: Orchards, ciderandcrime 8 7 Truly Georgeous AYear ofInternational 6

Victorian eraandareusedthroughout thisissueofV.Alum. These arerepresentative oftheboundlessoptimismandgrowth ofthe Throughout Government Buildings therearemotifsfromthenaturalworld. For thefulldrawing, seepage27. permission ofRuthJeffery. cityscapes of Wellington buildings.Thisdrawing ofGovernment Buildings isfrom television actorandartist.Heproducedseveral books ofhisdrawings Grant Tilly (1937-2012) was aWellington-based stage,movie and COVER: OldGovernment Buildings Copyright inthe21stcentury Commercial Law (Methuen,New Itisreproducedwiththe kind Zealand,1977). by Grant Tilly 11 Conference: 3 Faculty ofLaw 2012 33 Law graduates2012 32 Studentactivities 2012 29 Studentprizewinners2011-12 28 Studentachievements 2012 26 Faculty publications2012 22 Faculty events 2012 20 Visitors totheFaculty 2012 19 14 Obituaries Staffappointmentsandawards 2012 AlumniAchievements 2012 13 New ZealandLaw Foundation 12

Law’s pastandfuture 20/20 Vision –International Regulatory Reform Project2012 A YEAR IN REVIEW | 2012

Bright waters:

Re-launching the waka top left: from Clockwise, left: Carwyn Jones, From Smith, Judge Tony Professor Hon Justice Joe Fox, Caren Williams, Craig Linkhorn Fox Caren Judge left: Carwyn Jones, From Smith, Tony Professor Fox Caren Judge Lincoln, Craig Linkhorn Laura

In October the Faculty of Law, in association with the Office of the Pro Vice- This year, The Māori Law Review sponsored a student essay competition, named in honour of Chancellor Māori, celebrated the re-launch of The Māori Law Review. Sir Edward Taihakurei Durie. The competition was open to undergraduate law students at the RIGINALLY ESTABLISHED IN 1993 by the Review in providing reliable and informed Faculty of Law at Victoria University of O lawyer Tom Bennion, The Māori Law analyses of current developments in law and Wellington, and competitors submitted an essay Review is a monthly review of law affecting policy in this area. Both referred to the on the most significant legal development Māori. The Review had not been published importance of ensuring that decisions of the affecting Māori in 2011. The standard of entries regularly since mid-2010, but with the support Māori Land Court and Waitangi Tribunal, and was very high, and the essays were judged by the of the Faculty of Law and the Pro Vice- information about other relevant legal Māori Law Review’s editorial board. Chancellor Māori, the Review was able to be developments, are as accessible as possible, and re-launched under the editorship of Victoria observed that the impact of Māori legal issues The winning entry was submitted by Laura University Lecturer Carwyn Jones and Crown on the law is growing. Lincoln and will be published in the December Counsel Craig Linkhorn. 2012 issue of the Review. Professor Tony Smith, Victoria University’s Pro Tom Bennion continues his association with the Vice-Chancellor and Dean of Law, said: “We are Since its re-launch, The Māori Law Review has Review as a contributing author and a member delighted to help The Māori Law Review find a published reports on a range of significant of its editorial board, which includes Victoria home and a new energy. It will become an developments, including an update on the major University Senior Lecturer Māmari Stephens, essential online tool not only for practitioners Legal Māori Project led by Māmari Stephens Māori Land Court Judge Craig Coxhead, and in this area, but also for policy-makers, that will soon publish a Māori legal dictionary, Otago University Associate Professor Dr Jacinta academics and the many organisations, Māori and analyses of high-profile Waitangi Tribunal Ruru. and Pakeha, which grapple with the bicultural reports on freshwater and kohanga reo. The aspects of our legal system.” Review has already received very positive Mr Jones says the idea was to build the new feedback from practitioners, legal academics, version around more of a team: “The The co-editors have embraced the new and members of the judiciary. The editors hope association with the Faculty provides opportunities that arise from the developing to further strengthen the Review’s relationship institutional support that means it is less online environment, using the new Māori Law with the Faculty over the coming year and are dependent on any one individual and so will Review website to be able to provide a more committed to continuing to publish reports that hopefully ensure that it is more sustainable.” complete record of legal developments than is contribute to research and practice in this possible in the print edition, and also to make Justice Joe Williams and Māori Land Court important area of law. reports on those developments more readily Deputy Chief Judge Caren Fox spoke at the available to readers. Visit the Review‘s website: launch function and noted the important role of maorilawreview.co.nz

2 V.Alum 2012 Kia mau ki te kauwae:

Te Kauwae Parāoa Ahu Jones (left),David Tai Dance Pasifika The panel

At 5am on March 12, a small contingent of staff and students were led by jawbone- kia mau ki te kauwae. Knowledge is power, and knowledge, such as law, is prized. Tutawhiorangi Temara from Te Herenga Waka Marae for the formal The koru pattern from the head of the whale opening service for Te Kauwae Parāoa, a Law Library space designed to be symbolises the whanau nature of Māori and Pasifika students who come to study law at welcoming for Māori and Pasifika law students. Victoria. They find that through learning and travelling the path of knowledge together, a HE DAWN SERVICE was followed by an ‘He Kauwae Parāoa’ also references the Māori strong bond is created. The top of the design is opening breakfast and other celebrations proverb: ‘He rei ngā niho, he paraoa ngā kauae’, T the head of another whale-like creature. If the started at noon, with more than 100 staff and which translates as ‘To have a whale’s tooth, one image is turned upside down, another is created students in attendance. Official speeches were must also have the whale’s jaw’. This encapsulates of the whale which symbolises not just Māori given by: Piri Sciascia, Pro Vice-Chancellor the desire that Māori and Pasifika students have but also Pacific culture coming together. Māori; Professor Tony Smith, Dean of Law to excel at their studies, and the benefits of School; Winnie Laban, Pro Vice-Chancellor working towards the fulfilment of goals. The image has been split into four panels, Pacific and Sue Roberts, the Victoria University symbolic of tukutuku panels and the waters of The room has a dividing screen so that Librarian. time, illustrating the amount of time and energy individual study can continue on one side while it takes to get through a law degree. The panels The day was about connection: strengthening tutorials are conducted on the other. This panel also represent working together. One person bonds between the Law Faculty and Māori and is also an artwork, created by the collaborative cannot create a tukutuku, it comes from working Pasifika students, between Pasifika and Māori effort of artists including: Tyson Tuala, Mose with others where one person will “tuku” or send students, and between the Library and students. Viliamu and Johnny Andrews, with direction the aho or thread from one side through the A highlight was the Pacific dances, which from David Jones and Tai Ahu. It illustrates the structure and across to another person who will illustrated the diversity of cultures encapsulated idea behind the name of the room. It is both push it back through. The camaraderie at Law in the meaning of Te Kauwae Parāoa. Māori and Pacific in look and feel, which can be School is captured in this idea of tukutuku. seen in the merger of kowhaiwhai and Pacific Te Kauwae Parāoa is a reference to the jawbone patterns. The whale has three koru designs on The room is in constant use by all students, not of the whale. The whale journeys thousands of its back symbolising 100-, 200- and 300-level just Māori and Pacific students. Māori and Pacific miles every year throughout the Pacific and the laws papers, which lead to the jawbone of the Island tutorials are also conducted in the room. world. This symbolises the journey that Māori whale. Māori and Pacific use of the Law Library has and Pasifika students embark on at Law School, increased and it is hoped that more students use The whale’s jawbone is a prized possession for and the personal, mental and spiritual the room as a safe study environment. development that results from their Māori and also a metaphor for knowledge. To determination and hard work. attain knowledge is to take and hold the David Jones, Kaitakawaenga Ture

Victoria University of Wellington | Faculty of Law www.victoria.ac.nz/law 3 A YEAR IN REVIEW | 2012

Constitution as catalyst:

Robin Cooke Lecture 2011 Professor AO heryl Saunders

Melbourne Law School Laureate Professor Cheryl Saunders AO emphasised. For a variety of reasons the end result might well be the same between the two delivered the 2011 Robin Cooke Lecture: “Constitution as Catalyst: jurisdictions, for example by reason of the cautious use of more expansive grounds by the Different Paths within Australasian Administrative Law” New Zealand courts. But a difference in the means matters. “The means, in the sense of the ROFESSOR SAUNDER’S LECTURE charted grouping, and more closely between us and our principles applied and remedies granted, are the growing differences in doctrine neighbours on either side of the Tasman, it is no P the tools that lawyers use.” between Australian and New Zealand longer appropriate to treat doctrinal diversity administrative law, diagnosed the key reasons between jurisdictions as an aberration. Allowing The phrase “constitution as catalyst” in the title for that divergence and evaluated the Australian for the relative commonalities of legal culture, spoke to the nature of the Constitution’s position. and culture more generally (Kiwi protestations influence on Australian administrative law. The to the contrary!), there were growing Constitution did not pre-determine the shape of A central figure in the life of Australian public divergences between the administrative law of Australian administrative law doctrine. law for decades, Professor Saunders’ Australia and New Zealand. commitment to the study of comparative Things could have developed differently. But the Constitution has been the spark that has caused constitutional law, the subject of her Robin The divergences of Australian administrative Australian administrative law to develop as it Cooke Lecture, is of long standing. In the last law doctrine from Commonwealth norms were has. In the result, the peculiarities of decade her work has been increasingly global in itemised, with the suggestion that they formed contemporary administrative law doctrine in scope. She has lent her expertise to assist part of a package: “an ostensibly narrow, Australia are “plausible enough understandings constitutional processes in Fiji, Sri Lanka, South although flexible, field for judicial review within of the text and context of this Constitution, in Africa, Iraq and elsewhere. most of which, however, the courts have the the light of previous authority”. final word.” President of the International Association of Turning to an evaluation of the current By way of contrast, New Zealand administrative Constitutional Law from 2004 to 2007, her Australian position, recent Australian law doctrine was characterised as readier to international work was most recently immigration decisions were described in which recognised by France honouring her with the allow for new grounds of review, and otherwise the High Court of Australia has effected a prestigious Legion d’honneur. broader – in such matters as its rules of robust defence of the rights of unauthorised standing, openness to international law and For the purposes of the annual Robin Cooke non-citizens. These decisions illustrated how a acceptance of the review of inherent executive lecture, Professor Saunders stayed within the highly legalistic style of analysis, centred on the power. constructed intention of the legislature, can common law family of the Commonwealth. Her deliver such results. (continues on page 5) theme was that even within this family It was not the difference in result that was

4 V.Alum 2012 A finger on Wellington’s pulse:

The new Chair in Public Law Professor Geiringer Claudia Claudia Geiringer was appointed to the new Chair of Public Law at Victoria University of Wellington and as Director of the New Zealand Centre for Public Law in the second half of 2012.

HE NEWLY-CREATED CHAIR is August 2001 and was there for a fortnight Trecognition of the importance of public law before the attack on the World Trade Centre. and its significance in the country’s capital, the Looking back on it, she says: “It was a city where law is made. Claudia is a challenging time but a very interesting one to be quintessential Wellingtonian: “I am Wellington studying human rights in the United States.” born and bred and proud of it. I wouldn’t live anywhere else. The Law Faculty is in this On her return to this country she returned to beautiful, historic building and we are the Law Faculty as a lecturer. One of the things surrounded by the law in action.” that she enjoys most about teaching is “the satisfaction that comes when you see a student Professor Geiringer did an Honours degree in really grow and blossom. Sometimes students history and worked as an historical researcher come back and tell you how much you’ve helped at the Waitangi Tribunal before studying law at them and that’s special, too.” Victoria. After finishing, she worked at Crown Law in the Bill of Rights team, starting as Professor Geiringer’s recent research includes Assistant Crown Counsel and eventually the book What’s the Hurry?: Urgency in the NZ becoming a Crown Counsel. Legislative Process 1987 – 2010 (Victoria University Press) with Professor Elizabeth Studying law “felt like coming home. I found it Special Counsel for Human Rights for the McLeay and Polly Higbee, published late last fascinating right from the start. Law is both Victorian government in Australia. year. It is an examination of the use of immensely practical but also intellectually “urgency” in the New Zealand House of “Claudia Geiringer will be an outstanding satisfying. It combines broad social perspectives Representatives over a 24-year period. Its Professor of Public Law,” says Dean of Law, with close analytical reasoning. But in the end it conclusions have already resulted in changes to Professor Tony Smth. “She is committed to legal is, essentially, about problem-solving.” Parliament’s Standing Orders. research which scrutinises the very heart of our Her postgraduate legal study was at Columbia law-making institutions and their adherence to She is one of New Zealand’s leading experts on University in New York, supported by a democratic principles and she leads the next the New Zealand Bill of Rights and continues to Fulbright Scholarship, the NZ Law Foundation’s wave of public law talent at the Faculty.” appear before the courts occasionally in Bill of Ethel Benjamin Scholarship and a Human Rights Rights cases. She has also served a term as the Fellowship from Columbia. She arrived in late

The presentation of this Australian approach that a fully-fledged comparative methodology is that “the opportunities for insight and self- was attended by cautions, amongst them the needed to use each other’s law? Evidently, such reflection offered by judicial interaction” could point that “The techniques and doctrine of an approach would carry real costs, significantly be lost, with the “contributions from the judicial review in Australia are geared almost raising the barriers to use of the legal reasoning various jurisdictions” valued by Lord Cooke exclusively to decision-making under statute, of comparable countries. endangered. As suggested above, attention to the purposes for which foreign legal experience which is decreasingly the norm.” Australian Professor Saunders identified the solution in is relied on will often lessen the need for the full judicial review will need to address the rise of “reflection on the purposes for which the legal rigor of comparative methodology. administrative schemes relying on broad experience of others may be useful”. parliamentary appropriation and pervasive use Methodological issues are most pressing in the But we will have to rethink past assumptions of of soft law. case of the straight adoption of a foreign easy reference to Commonwealth jurisdictions, Professor Saunders closed her talk with principle. They are much less so where continuing to adapt to their growing divergence. reference to general questions for comparative comparison is “to assist to frame the legal Dr Rayner Thwaites public law. The divergence described between problem; to expand understanding of the Australia and New Zealand makes easy options…” and like purposes. reference between these countries (and others) Professor Saunders noted that the move from in the common law family of the Commonwealth easy reference within the Commonwealth to a more fraught than it once was. Does this mean more comparative approach carried the danger

Victoria University of Wellington | Faculty of Law www.victoria.ac.nz/law 5 A YEAR IN REVIEW | 2012

A year of

international commercial law left to right: from row, Front Garro, Alejandro Professors John Gotanda, Ingeborg (Chair), Schwenzer Viscallis, Pilar Perales Sieg Eiselen left to right: from Second row, Shiyuan Han, Professors Pascal Hachem, Lisa Spagnolo, Sono Hiroo left to right: from row, Third Atamer Yesim Martin Davies, Witz, Claude Professors Back row: Ulrich Schroeter Michael Bridge, Professor Schwenzer (University of Basel) and Professor Bridge (LSE) also gave a seminar at the Court of Appeal to judges and judges’ clerks. Professor Schwenzer and Luca Castellani (UNCITRAL) met with officials from the Ministry of Business, Innovation and Employment. However, it was not only law for the CISG Advisory Council. They were treated, inter alia, to an introduction to Māori culture with a Māori feast at the Karaka Café. HREE MONTHS LATER, the CISG Advisory TCouncil visit was followed by the New Zealand Law Foundation inaugural Lecture on International Dispute Resolution, given by Lucy Reed, co-head of Freshfields international arbitration group, at Victoria. Lucy spoke on: “Zealand Old and New International Arbitration and Trade”. The lecture was preceded by an hour of discussion on two hot topics in international arbitration: expert witnesses and bribery, presented by Dr Nils Two events brought leading world authorities to New Zealand and Schmidt-Ahrendts (Hahnefeldt Rechtsanwaelte) and Professor Vladimir Pavic (University of highlighted the importance of international commercial law. Belgrade). Podcasts of all three presentations are at www.victoria.ac.nz/law/about/staff/petra- N AUGUST, the Law School was the primary anecdotal evidence suggests that the CISG is butler. The visitors were co-hosted by Victoria host for the annual meeting of the CISG generally excluded in New Zealand standard form I University, the AMINZ, and Auckland University (Convention on the International Sale of Goods) contracts. Since the CISG does offer a finely and funded by the New Zealand Law Foundation. Advisory Council. The visit was funded by the tuned set of contract rules that balances common Law Foundation and the University. The CISG law and civil law contract principles, it seems Lucy’s schedule was gruelling. She not only gave Advisory Council is a private initiative, which unfortunate that New Zealand businesses do not the inaugural lecture but also addressed friends aims at promoting a uniform interpretation of take advantage of the available legal regime. and guests of the New Zealand Holocaust the CISG. It is a private initiative in the sense Research Centre on the Holocaust Tribunal, During their visit, members of the CISG Advisory that its members do not represent countries or which she helped set up. She was invited by the Council took part in the Arbitrators’ and legal cultures, but are world-renowned scholars Bar Association and AMINZ and hosted by who look outside their national legal systems Mediators’ Institute of New Zealand (“AMINZ”) Chapman Tripp to speak about her experience as for ideas which contribute to a more profound conference, which provided a unique opportunity Commissioner of the Eritrea/Ethiopia understanding of issues relating to the CISG. to learn and to discuss the advantages of the Commission. At a very well attended AMINZ CISG with the world’s leading experts. Professor breakfast meeting, she talked about small claims The Council was hosted by Russell McVeagh, Ingeborg Schwenzer, CISG Advisory Council tribunals. Lucy’s visit was rounded off by a lunch Chapman Tripp and the Law School. Generally Chairperson, was a keynote speaker. The at the Northern Club hosted by Bankside the deliberations of the CISG Advisory Council conference’ s first session gave an introduction Chambers, where she summarised the key points are not open to the public, but on this occasion to the CISG and was followed with a more of her inaugural lecture. Vladimir and Nils it opened its doors to interested parties, in-depth discussion of issues of interest to New commented by drawing attention to the allowing them to gain an insight into both its Zealand lawyers. A workshop on (international) situations in Germany and Serbia. workings and the operation of the CISG. contract drafting followed as well as a mock Both events highlighted the importance of arbitration. This was chaired by Justice Susan The CISG has been applicable to cross-border international commercial law for New Zealand. Glazebrook, who heard arguments on the CISG sales in New Zealand since 1995. Most of New Both events were also marked by the willingness modelled on a real fact situation, with New Zealand’s trading partners are member states of the visitors to engage and the enthusiasm with including Australia and China. However, its Zealand parties having to grapple with the CISG. which they wanted to learn about New Zealand, importance to New Zealand businesses is Podcasts of the AMINZ conference are available its culture and its legal landscape. generally overlooked. An estimated 70-80% of at www.victoria.ac.nz/law/about/staff/petra- all world trade is conducted under the CISG, but butler/cisg-advisory-council-meeting. Dr Petra Butler

6 V.Alum 2012 Truly Georgeous far left: from Clockwise Barton QC George QC, Sir left: McKenzie Peter From Ailsa Barton, Mrs Ivor Richardson, Palmer, Sir Geoffrey Don Mathieson QC, Campbell McLachlan QC, Professor Keith Sir Kenneth Lady Sir Ivor Richardson, Palmer Sir Geoffrey Richardson, Smith, Sir Anand Tony Professor Satynand

Dr George Paterson Barton QC tributes from Sir Ivor Richardson (former to have members of the Barton family present, President of the Court of Appeal and colleague along with the Vice-Chancellor, Faculty, 1925–2011 inspired a Special Issue of George Barton when they were both members members of the government, representatives of of the Law Faculty), the Hon Christopher the judiciary and practitioners. of the VUW Law Review Finlayson (Attorney-General), Christine Grice George Barton, as many editors of the VUWLR (on behalf of the Law Society) and Peter and other publications know, had an eye for EORGE BARTON was a member of the McKenzie QC (also a close colleague from days detail. Barely had there had been time for a G Faculty of Law, Victoria University of when they were both members of the Faculty). publication to be read than there would be a Wellington from 1953 to 1977. He was appointed The Special Issue contains a range of articles note on the editor’s desk pointing out an error Professor of Jurisprudence and Constitutional commemorating the multi-faceted interests of of detail, whether typographical or of Law in 1968 and served as Dean of Law from George Barton, ending with a previously substance. We have, sadly, been spared similar 1970 to 1973.The passing of George Paterson unpublished piece by George Barton himself. Barton was a sad and unexpected event. He was scrutiny with this Special Issue. The Special Issue was launched in August at a with us one day very much active in the VUWLR Editorial Committee community, and gone the next. function at the Law School. We were honoured The Dean of the Law School and the Editorial Committee of the Victoria University of Wellington Law Review responded immediately to support the initiative of Dr Don Mathieson for a Special Issue of the Victoria University of Wellington Law Review. The Special Issue was an opportunity for a wide selection of colleagues and friends to celebrate the life and law of George Barton – the international lawyer, the barrister, the teacher, the legal historian, the administrative and constitutional lawyer. The Special Issue is introduced by the tributes given at the special sitting of the High Court of New Zealand presided over by Dame Sian Elias, Chief Justice of New Zealand. These included

Victoria University of Wellington | Faculty of Law www.victoria.ac.nz/law 7 A YEAR IN REVIEW | 2012

Orchards, cider and crime Graham Peter Largely retired Hong Kong barrister Peter Graham talks to Craig Sisterson about a life filled with orchards, cider, and delving into history through the door of true crime writing RITING WAS SOMETHING that long- researching one of New Zealand’s most W time barrister Peter Graham had always notorious crimes and trials – the 1954 Parker- seen, “in the back of my mind or further Hulme murder. It’s a case that has fascinated forward”, as something he’d wanted to do. Graham since, as a young lawyer, he worked in the 1970s as an assistant to Brian McClelland, “I’ve always been a great book lover and reader, who had been junior counsel for Juliet Hulme. and yes I think it’s been an ambition of mine for a very long time,” says Graham, whose second “Before I went to Hong Kong, I had the idea that ‘true crime’ book, So Brilliantly Clever (Awa I wanted to write a book about the Parker- Press, 2011) was released last month, to great Hulme case, because I’d become so interested in reviews and a spot on the local non-fiction it,” recalls Graham. “In fact, I tried to get hold bestseller list. of the Wynn Williams file on the case, with the help of Brian McClelland, but the file had gone Now largely retired from a long life in the law, missing. I went on to Hong Kong, and the need including three decades as a Crown Counsel to earn a living intervened.” then barrister in Hong Kong, Graham spent the past three and a half years extensively Graham, who completed his law degree at Victoria University and worked at Chapman AMELIA HANDSCOMBE Tripp before moving to , spent five day, absolutely earth-shattering stuff,” says years as a prosecutor in Hong Kong – for the Graham, who stumbled across a contemporary Crown then the Independent Commission account of the trial in a rare book catalogue. Against Corruption, which “mainly prosecuted “I thought it was a great story, and it was also policemen who’d amassed mega fortunes in very fully reported, because it caused a scandal. some cases… pretty And for me, it was an fascinating stuff” – interesting window into before going to the bar. “It was an interesting the period as well – it It was while working as window into the period – wasn’t just about the a barrister there that he crime itself, it seemed came across the story it wasn’t just about the to me to provide quite a that would become his crime, it seemed to bit of insight and a lot first true crime book, of detail into what life Vile Crimes: The provide quite a bit of was like in this small, Poisonings rather snobbish (CUP, 2007). insight and a lot of detail community in the Vile Crimes centres on into what life was like in 1880s.” one of the most this small, rather Graham, who at the sensational court cases time still had the idea of of the nineteenth snobbish community in a book about the century: in 1886, Parker-Hulme murder charming Timaru the 1880s.” bubbling away in the businessman Tom Hall back of his mind, Jr, the nephew of thought the Timaru poisonings would be an former New Zealand premier Sir John Hall, was easier story to tell – “which it proved to be” – tried first for the attempted murder of his wife, due to the fact there was less material, and it then the murder of his father-in-law, Captain was all documentary in nature, rather than Henry Cain, one of the founding fathers of involving interviews and other sources. “I Timaru, whose body had to be exhumed for thought I could teach myself to write a book by evidence. “It was the most terrific scandal in its starting with this,” he says. He found time to

8 V.Alum 2012 Despite the fact that Graham’s first two books, “She said, ‘You know, I thought I knew all about and the one he has now started researching – on this case, but then I realised after I read about the case of Francis Sheehy Skeffington, an Irish five pages, that I didn’t know about it at all’,” pacifist and suffragist arrested without reason recalls Graham, who applied to the Court to get and executed by British Army soldiers during access to the transcript of Pauline Parker’s the 1916 Easter Rebellion – all involve historic diary, amongst other research. “It is so much a true crime, the former barrister doesn’t think part of history and culture in New Zealand, that he’s “more interested in crime than anyone everybody thinks they knew about it, but else”. In fact, he’s primarily interested in the actually [we don’t], and I had to work quite hard past. “I can’t imagine myself writing a book to put together some of the most basic facts about a murder that’s happened last week in about it.” Wellington, or something,” he says. Graham is grateful for his long and interesting For Graham, finding such fascinating incidents career as a lawyer, but says writing non-fiction merely provides an interesting doorway to books is “the most fascinating thing” he’s ever explore the world as it was in a particular place done. “I just love it. My heart is really in this, during a particular time – whether it’s 1880s and I really try my very, very hardest to do my South Canterbury, 1950s Christchurch, or very, very best. It’s something I want to do, and Dublin during the First World War. “I think the feel I can do. So it’s something I will keep doing starting point would have to be that I’d like to as long as I’m sound of mind and limb.” think I know a good story when I see one,” he Reprinted with permission of NZLawyer says. “You’re not just writing about a crime, (LexisNexis) you’re writing about it very much in the round. write amongst his legal schedule, and started It’s a way to look at the world. You’re seeing leading “this kind of dual life” as a lawyer and people in extreme situations, aren’t you.” writer. Graham also likes to comprehensively explore By the time he later began working on what untold stories – whether stories that most people became So Brilliantly Clever, Graham had have heard very little about, such as the Timaru largely retired from legal practice, to a small poisonings, or stories farm he and his wife had that are very famous and bought near Dunsandel. “She (Janet McIntyre) people think they know Apart from supervising a about, but don’t really, few pigs, pottering said, ‘You know, such as the Parker- around with a small farm I thought I knew all Hulme murder. While the “and rather big garden”, incident at the core of So writing, and a little bit of about this case, Brilliantly Clever had law and travelling, they but then I realised after been touched upon in grow apples, says plays, film, and some Graham. I read about five pages, fiction and non-fiction “We have a business that I didn’t know works, Graham felt that making apple juice and there was still a gap, a cider, so in a way that’s about it at all’.” lack of “a full account”. my day job. We make He also felt that if left single variety apple juice any longer, it would called Camla Farm, and it’s my job to do the become harder to gather labelling, bottling, dispatching, and deliveries, facts, as more people involved would have passed and that sort of thing. That occupies me some away. “I thought it had to be done now.” of the time.” The reaction of one of the first people to read A hint of pride creeps into his voice as Graham the finished book, TV journalist Janet McIntyre, notes their cider has won gold medals, and they probably sums up the perceptions many New are “probably the only people in New Zealand Zealanders have about how much they know making cider commercially with cider apples”. about the Parker-Hulme case.

Victoria University of Wellington | Faculty of Law www.victoria.ac.nz/law 9 A YEAR IN REVIEW | 2012

Copyright in

the 21st century left,From Jane Ginsburg, Professor Susy Frankel, Professor Daniel Gervais Professor

The New Zealand Centre of International Economic Law (NZCIEL), at not inaugurate the celebration of altruistic or amateur authorship”. the Faculty of Law, hosted a conference in Wellington in November “Genteel contempt for professional (money- that explored the role and function of copyright, and how it may grubbing) authors predates the Statute of Anne. But today’s variation on the theme betrays more evolve and find a state of equilibrium in the 21st century. than social snobbery. Behind the belittling of exclusive rights there loom significant business ICE-CHANCELLOR, Professor Pat Walsh, Professor Ginsburg explained: “A lawyer for an interests built on the expansion of copyright Vopened the conference and noted: “It is immense copyright-antagonistic corporation, exceptions. The exceptions in question do not entirely appropriate for Victoria University to casting himself as a defender of authors’ rights, foster creativity, they redistribute the fruits of be hosting this conference, given our strength challenged his interlocutor’s incredulity by creativity. They are authorship-undermining in intellectual property research. International asserting that, given today’s diversity of exceptions because their justification intellectual property is a key area of research in authors, ‘more of them depend on limitations increasingly relies on the denigration of the NZCIEL. and exceptions than on exclusive rights’.” proprietary authorship.” “The centre has hosted many conferences and “I’d like to take seriously the proposition that National and international copyright experts seminars on the subject, covering topics such today’s authors need copyright exceptions and from Switzerland, France, Israel, Singapore, the as: trade intellectual property and the limitations more than they need exclusive United States and Australia, as well as New knowledge assets of indigenous people; the rights.” She tested and disagreed with the Zealand, also spoke on a range of topics future of copyright; and how to ensure patent proposition by discussing the exception in early including access to copyright works and new law supports and drives innovation.” English and United States cases. She concluded technologies, enforcement of copyright by civil that: “both today’s assemblers of ‘remixes’ and and criminal means, the role of internet The conference – entitled Evolution and yesterday’s traditional creators of works of intermediaries and collective management of Equilibrium: Copyright this Century – got off to entertainment or scholarship have needed the copyrights in the global world. a flying start, with a keynote address by flexibility with which these kinds of exceptions Professor Jane Ginsburg, Professor of Literary Many of the speakers challenged aspects of the temper exclusive rights.” and Artistic Property Law at Columbia Law keynote address and spoke in favour of greater School in New York, who spoke about Professor Ginsburg challenged that claim that exceptions. This led to lively discussion and a ‘Exceptional Authorship: The Role of Copyright “today’s authors do not (or should not) seek to detailed and thoughtful exchange of views. Exceptions in Promoting Creativity’. make a living from or control the exploitation of In addition to academic experts, the conference their creations” and noted that “the internet did included presentations from those non-lawyers

10 V.Alum 2012 20/20 vision:

International Law’s past and future top left: from Clockwise Ivan Shearer Professor Fentiman Richard Professor Jan Klabbers, Professor Joanna Mossop, Byrnes Andrew Professor of ANZSIL) President Ridings Penelope & Trade) Affairs (Ministry of Foreign Hughes Ms Valerie In July, the Centre for Public Law hosted the 20th annual conference of the Australian and New Zealand Society of International Law.

HIS CONFERENCE was an opportunity for T the almost 100 attendees to not only reflect on the last 20 years in the development of international law, but also to look ahead to the emerging issues and the shape of international law for the next 20 years. As well as presentations by leading New Zealand and Australian lawyers, the conference featured keynotes by four preeminent speakers. It was opened by an address by Jan Klabbers, Professor of International Law at the University of Helsinki. Professor Klabbers is well known for his work on international organisations and presented a challenge to consider ethics as part of global personal account of his involvement in topics including private international law, the governance. Professor Klabber’s presentation international law during his keynote – see use of force, the law of the sea, international can be viewed at http://mdsweb.vuw.ac.nz/ trade and investment, climate change and arms Mediasite/Viewer/?peid=bc63ac8348ba45e18 mdsweb.vuw.ac.nz/Mediasite/Viewer/?peid= control. The conference is the largest general 37712f9759f403c 12f50e59373947629e4b6e340c916a4f international law gathering in Australasia and Professor Richard Fentiman, Professor at the Finally, Valerie Hughes, Director of the Legal the 2012 conference was extremely successful. University of Cambridge, spoke about Affairs Division of the World Trade Thanks are due to the New Zealand Law transnational injunctions, an important topic Organisation Secretariat, spoke about the Foundation for sponsoring Professor Klabbers for private international law – see development of dispute settlement in the WTO and Ms Valerie Hughes. Other supporters mdsweb.vuw.ac.nz/Mediasite/Viewer/?peid= – see mdsweb.vuw.ac.nz/Mediasite/Viewer/? included the New Zealand Ministry of Foreign d0e6f2fbf56041688f3de8918ec4cbda peid=375b3db30b6d4d8eb3b07d45a9d2d904 Affairs and Trade, the Australian Attorney- Professor Ivan Shearer, who has had a long and In addition to these stimulating keynotes, 45 General’s Department and the Australian illustrious career in international law, gave a other academics presented papers on a range of Department of Foreign Affairs and Trade. at the coal face of book publishing, collecting should be the centre of the copyright system, Last year, InternetNZ and Victoria’s New licence fees and song writing. Eddie Schwarz, but on how to achieve that, views differed. Zealand Centre of International Economic Law President of the Songwriters Association of extended this partnership by signing a new This conference was possible with the generous Canada and writer of Hit Me With Your Best agreement to deliver quality conferences and support of InternetNZ, an organisation Shot (famously performed by Pat Benatar) spoke publications, exploring how existing laws are dedicated to protecting and promoting the of the difficulties that songwriters face in adapted and new laws are made to address Internet in New Zealand, and fostering its making a living and suggested models for internet issues. The 2102 copyright conference ongoing development. collecting royalties in the digital world. was the first of three conferences which will InternetNZ and Victoria University first address laws and the Internet. Conference co-hosts, Professor Susy Frankel established a partnership in 2003, with the from Victoria University and Professor Daniel The organisers were very pleased with the signing of an agreement to establish a Research Gervais from Vanderbilt Law School in the quality of the papers presented, and the detailed Fellowship in Cyber Law at Victoria’s School of United States, concluded the conference with a and thoughtful discussion from presenters and Law. Since then, four Cyber Law Fellows have overview and further analysis of the issues audience participants. “We planned the event so contributed to research and teaching at the discussed. By the end of the conference most there was a lot of quality discussion time and Honours and Master’s levels, and undertaken participants agreed that the author/creator that really paid off,” said Susy Frankel. outreach programmes for the wider public.

Victoria University of Wellington | Faculty of Law www.victoria.ac.nz/law 11 A YEAR IN REVIEW | 2012

New Zealand Law Foundation

Regulatory Reform Project 2012 left:From John Burrows, Professor Susy Frankel, Professor Director, (Executive Lynda Hagen NZ Law Foundation)

For the last two years, researchers led by Professor Susy Frankel have been “Certainty and Discretion”, “Experimentation and Regulation”, and “Learning the way forward: analysing ways in which regulation in New Zealand can be improved. Monitoring and Evaluation”. These cross-cutting theme papers will be published later in 2013 and HIS UNDERTAKING, the second-largest- addressing issues that the papers in the first discussed further at the Project Conference held Tever research project funded by the New book revealed. This second set of papers, of on 27 and 28 February. Zealand Law Foundation, is known as the which there are 14, develops and analyses the The Conference is designed to showcase the Regulatory Reform Project and is due to issues and highlights important aspects that outputs from the Regulatory Reform Project and conclude part-way through 2013. regulators, and those subject to regulation, to advance the dialogue on regulatory reform in should take note of. They have all been subject to This current year has been a hive of activity New Zealand. It will highlight some of the workshops held during the year and all have starting with a well-attended book launch for papers from the second phase of the research undergone extensive multi-disciplinary input to the publication of Learning from the Past, and present the cross-cutting theme papers. ensure the robustness of the research, including Adapting for the Future: Regulatory Reform in The highlights include a keynote address from economic analysis and practitioner feedback. New Zealand. Minister of Regulatory Reform, Professor Michael Trebilcock, Professor of Law Hon John Banks, launched the book and it was This set of papers will be published in February and Economics from the University of Toronto. pleasing to see the support from Government 2013 in the book Recalibrating Behaviour: Another key feature of the Conference will be to towards the project and its expected outcomes. Smarter Regulation in a Global World. This introduce the Toolkit – a resource about publication focuses the papers into analysis of regulation that will be the project’s final output. The book is a culmination of 17 papers written regulation in relation to Global Connectedness, It is designed to provide all involved in regulation by the research team including authors from the Public Voice and Consumer Behaviour, the with a resource when dealing with the issues of Victoria Law Faculty, the New Zealand Institute Careful Art of Reducing Uncertain Outcomes and regulatory design and effectiveness or when of Economic Research (NZIER) and Chapman the Institutions of the Regulatory Regime. looking for assistance with a regulatory problem. Tripp. The topics covered in the book discussed Running concurrently with the development of a variety of issues that arise in the process of The toolkit includes a reference function by this new set of papers has been four sub-groups regulatory reform including certainty, outlining, for example, modes of regulation, who of researchers from the team who have been legitimacy and the Rule of Law, property rights, regulates, and the effects of our international developing the cross-cutting themes that have the policy and processes of regulation, sector- commitments and obligations in relation to emerged throughout the project. This research specific regulation, trade and investment and regulation. The toolkit will also provide links to has developed what the project framework calls the trans-Tasman relationship. all research undertaken in the project and other the New Zealand questions and has homed in on external sources that are relevant. Since the launch of the book, researchers have four main themes: “Features of the Uniqueness of been focussed on delving deeper into each topic New Zealand and their Role in Regulation”,

12 V.Alum 2012 A YEAR IN REVIEW | ALUMNI ACHIEVEMENTS 2012

Alumni Achievements 2012

Peter Boshier LLB(Hons) 1975 is to become Amelia Keene Jason Varuhas President of the Association of Family and LLB(Hons) 2010 LLB(Hons) 2004 Conciliation Courts (AFCC) in 2015. was awarded the was awarded the NZ Law Yorke Prize, which Roger Clark BA LLB 1964; LLM 1967; LLD Foundation Ethel is awarded annually 1997 celebrated 50 years of service at Rutgers Benjamin by the Faculty of Law School, New Jersey Scholarship for Law at the outstanding University of David Collins LLB(Hons) 1975, LLM 1976, LLD women scholars Cambridge for an 1993 recently Solicitor General, was holding a New essay on a legal appointed to the High Court in Wellington. Zealand university subject, including law degree. She is the history, analysis, Peter Dengate Thrush LLB 1982 was using the administration and appointed Executive Chairman of Top Level scholarship to pursue postgraduate study at reform of law. Jason’s topic was: “Damages for Domain Holdings Ltd, a publicly traded Colombia University in New York. Breaches of Human Rights: A Tort-Based holding company on the London stock Approach”, which is his PhD thesis. He joins exchange. Jessica Lai LLB(Hons) 2007 was awarded a three other New Zealanders with connections PhD summa cum laude from the University of to Victoria who have earned the coveted prize: Peter Graham LLB(Hons) 1971 had his book Lucerne, Switzerland. Richard Maclaurin (the first Dean of Law); So Brilliantly Clever shortlisted for the NZ Robin Cooke and Paul McHugh. Post Book Awards 2012. See pages 8 and 9. Bevan Marten LLB(Hons) 2006 was appointed a Lecturer at Victoria’s Faculty of Hon Justice Catherine Law. Douglas White LLM Harwood BA 1972 was appointed LLB(Hons) 2009 Dr Paul McHugh was awarded a personal to the Court of graduated LLM chair at the University of Cambridge. Appeal. cum laude from Leiden University James G. Stewart BA LLB(Hons) 2000, now and was at the University of British Colombia, had an co-winner of the article cited by the majority in the New Zealand Law International Criminal Court’s first judgement Foundation Cleary and which he says: “was started in the lonely Memorial Prize halls of Victoria’s Law Library”. for 2012. Staff appointments and awards

Tony Angelo was made an Officer of Susy Frankel received a Fulbright David McLauchlan was appointed a the New Zealand Order of Merit in the New Zealand Scholar Award to research Professorial Fellow at the University of New Year’s Honours for services to legal the application of international treaty Melbourne until 2017. education. interpretation rules and methods to intellectual property law, at New York Bevan Marten, A Victoria law alumnus was Bill Atkin was appointed Chair of the Pipitea University. appointed a Lecturer. Before this Human Ethics Committee. appointment, he was working on his PhD at Claudia Geiringer was appointed a the Max Planck Institute of Comparative and Graeme Austin was appointed as a member Professor of Public Law and Director of the International Private Law in Germany. of the Copyright Tribunal. New Zealand Centre for Public Law (see page 5). Nicole Moreham was appointed a member Richard Boast was awarded the Rex Mason of the Humanities panel for the Marsden Prize for excellence in legal writing for the Catherine Iorns was made a member of the Fund until 2015. year 2009. Governance Team for Amnesty International Aotearoa New Zealand. Sir Geoffrey Palmer was appointed Chair of an independent panel to review the case for local government change in Wellington.

Victoria University of Wellington | Faculty of Law www.victoria.ac.nz/law 13 A YEAR IN REVIEW | OBITUARIES 2012

Obituaries 2012 JOHN BENTLEY MORRISON 1930-2012 OHN MORRISON (“JBM” to many) died on 10 J July, 2012. He was 82, and he was playing tennis. It was an apt ending to a life lived to the full. He was a highly regarded lawyer, a dedicated churchman, a competitive sportsman, a strong supporter of the arts and a devoted family man. He threw himself wholeheartedly into all that he did. John came to Wellington with his family after completing his schooling at King’s College in Auckland. At Victoria, he graduated BA in English and LLB; for his final years working part-time as a law clerk with Young, Courtney, Bennett and Virtue, where I was similarly employed. We became lifetime friends. Later he joined me in my father’s firm, which became Scott, Hardie Boys and Morrison, and in latter years Morrison Kent. He quickly built up a strong conveyancing and commercial practice. A man of utter integrity, he was passionate in the interests of his clients, greatly valuing the personal associations he established from one And for 20 years he regularly spent Sunday artist. He was also a trustee of the National generation to another. He served the profession nights on duty at the City Mission’s Night Museum and Art Gallery. too, and for four years was chairman of the Shelter; as well, he became involved in the work His oldest brother was a distinguished soldier Costs and Conveyancing Committee of the New of the Tapu te Ranga Marae at Island Bay. and two other brothers were killed in WW2. Zealand Law Society. He was a Director of Once retired from the firm, he took out a Doubtless as a result, he developed an interest National Mutual Life for 13 years, Chairman of practising certificate as a barrister and began to in military history, and took an active role in the its Superannuation Fund, Deputy Chairman of accept appointments from the Family Court National Army Museum at Waiouru of which he NZ Permanent Trustees, a Director and Trustee under the Protection of Personal and Property was a Trustee for many years. He was one of the of Bowen Hospital and a Director of his nephew Rights Act 1988. This was time-consuming and initiators of a project to produce a history of the Lloyd’s Morrison & Co. sometimes difficult work, but John enjoyed it, 2nd Division of the NZEF in WW2. He finally retired from the partnership in 1996, bringing to it the same concern and empathy for For all this quite extraordinary service John after 40 years, but remained as a consultant the less fortunate that he showed in so many sought no recognition. But when he received it, until 2003. Yet even then he could not forsake other ways. it came first not from New Zealand but from those offices in what is now Morrison Kent One of John’s greatest loves was the music of Denmark. He had been the Danish Honorary House, where he had spent so many full and Richard Wagner. His enthusiasm was infectious. Consul for a great many years and he was fruitful years. Nor did the old firm want him to. He was a driving force in the Wellington branch awarded that country’s Knighthood of the They kept him an office and he continued to go of the Wagner Society. He saw the Ring Cycle Danneborg. And his friends were all delighted there, usually early in the morning. He was performed eight times, four of them in when in the New Year Honours 2001 he was there at his office not long before he died. Bayreuth. But his love of music was not confined created an Officer of the New Zealand Order of John’s Christian commitment led him to serve to the Ring or even to Wagner. He was a regular Merit. The citation was “for services to the arts” the Church and the wider community in many subscriber to the New Zealand Symphony but it could equally have been “for services to ways. He was a parishioner of the Wellington Orchestra. He couldn’t sing to save himself, but the people.” Cathedral of St Paul and was created Canon was closely involved with opera, and was on the Sir Michael Hardie Boys, BA (VUW) 1954, LLB Emeritus. He served a long term as Chancellor Board of Wellington Opera and then its (VUW) 1954, Hon LLD (VUW) 1997. of the Diocese, and as a member of the Diocesan successor New Zealand Opera. He was a Trustee Board of Trustees. It was a measure of the man of Lloyd Morrison’s Music Trust, a member of that after a powerful game of tennis on a an advisory committee of the University’s Saturday, still in his white shorts, he would stop School of Music, Chairman of the Wellington off at the Cathedral and clean up the front steps. Sinfonia, a friend and supporter of many an

14 V.Alum 2012 HELEN MARY AIKMAN QC 1955–2012 ELEN AIKMAN, daughter of Dr Colin HCampbell Aikman and Betty Alicia James, and sister of Celia and Hilary, was born in Wellington in December, 1955. She died in February, 2012. Helen’s friends and colleagues from the Pacific have mourned her death as representing “the loss of an extremely talented barrister whose affection and advocacy for things Pacific and in particular all things Samoan was very much woven into her life as it was for her family. A gentle woman of humanity and grace she was passionate about equity, fairness and justice and represented her clients with skill, commitment and an extraordinary application”. Helen’s affinity with the countries of the Pacific and her knowledge of their law had its origins in her childhood years in Fiji. Professor Aikman was Vice-Chancellor of the University of the South Pacific and a distinguished constitutional lawyer who, during his career, worked extensively on the constitutional arrangements of several Pacific countries. During Helen’s final complexity of customary norms which were at at Crown Law Helen represented government year of college, which she completed in New times in conflict with the human rights interests before the Waitangi Tribunal, the Zealand, she stayed in another constitutional protection provisions in the Constitution. Maori Land and Appellate Courts, the High household environment with her god-parents, Although Helen’s background and New Zealand Court, Court of Appeal and Privy Council. Much the Quentin-Baxters. Thus, Helen was imbued court experience had given her a valuable start, of the litigation Helen was involved with related with an awareness of legal and governmental Helen was very much on her own in Samoa with to sales of government assets and restructuring issues in the Pacific from an early age. In 1974 the responsibility for helping its courts get to of government businesses. International law she graduated, aged 19, with a BA in history and grips with the principles to be applied. issues included immigration and refugee cases politics from the University of the South Pacific. at both trial and appellate level. She was counsel In 1994, Helen returned to Wellington and In the early 1980s she married Jone Dakuvula. for the Government throughout the Foreshore became Crown Counsel in the Crown Law Jone and Helen had a daughter, Alisi Varani and and Seabed case. Office’s team responsible for Treaty of Waitangi a son, Atunaisa Varani. and International Law headed then by Ellen She was appointed a Queen’s Counsel and Law Helen graduated LLB (Hons) from Victoria France, now Justice Ellen France. In 1998 she Commissioner in 2005. Her collaborator in the University of Wellington in 1982 and worked became the Team Leader of the Regulatory Law Commission’s work on the convergence of with Wellington firms Findlay Hoggard Team. Tragedy struck the family around this custom and human rights in the Pacific, Justice Richmond (later Buddle Findlay) and Tripe time when Alisi contracted a rare illness. A Edward Durie, said there were very few people Matthews and Feist. She practised as a barrister letter recently published in the Dominion Post who could cross cultural boundaries in the way after a while and in the late eighties, worked as wrote of Helen personifying “grace under Helen did. Helen also led the reform of the law a researcher at the Law Commission. pressure”: Hemingway’s characterisation of relating to public inquiries, which resulted in a new Inquiries Bill being introduced in the Jone and Helen separated in the early nineties. courage. The correspondent had been involved House. In 1992 Helen was admitted to the Samoan bar in litigation in which Helen appeared for the Crown. He learned during the court proceedings and travelled with her two children to take up The ten years that followed Alisi’s devastating that Helen’s daughter had become ill. After the the position of Principal State Solicitor in death coincided with Helen’s own illness from case he called Helen, to congratulate her and to Samoa and head the small Crown Law Office the cancer that was to take her life. Yet during ask after her daughter. Helen told him that Alisi there. In his eulogy at Helen’s service, Hon this time Helen continued to reach out to others had died. Justice McGrath recalled that the experience and to practise and exemplify the highest was arduous. In her prosecution of serious Helen was appointed Deputy Solicitor-General traditions of the bar. In his eulogy, Hon Justice crime and criminal and civil work in the Court (Constitutional) in 2002. She left Crown Law in McGrath commented on the sizeable part of of Appeal Helen had to deal with the added 2004 to return to the bar. During her ten years Helen’s work that was for people who needed

Victoria University of Wellington | Faculty of Law www.victoria.ac.nz/law 15 A YEAR IN REVIEW | OBITUARIES 2012

services, regardless of payment. “In her wider legal work Helen also sought to refashion the law so it would better serve the people who depend on it and she applied her extraordinary legal and person skills to this end.” She appeared in the Supreme Court as amicus because the Court recognised her “special ability as an advocate to identify and articulate the real principles underlying a case and to put them to the Supreme Court in a way that would help us decide it.” Her commitment to those in need took Helen to India in 2009 to help Shabnam Ramaswamy, a woman who had abandoned her successful business life to establish a school for Delhi street children. The school was closed by the Delhi government and Shabnam, and her husband, Jugnu, decided to set up a similar school for rural youth in Katna, West Bengal. But in 2005, just before the school was to open, Jugnu died of a heart attack leaving Shabnam to run it single-handedly. In earlier years, Helen’s family had donated to Shabnam’s charity but they had since lost contact. Helen learned of GEORGE TANNER QC 1946-2012 Victoria University of Wellington, where he Shabnam’s situation through a feature radio received his legal education, culminating with EORGE TANNER was a lawyer beyond programme. She made contact with Shabnam an LLM. through the programme-maker, raised funds for Gcompare. For more than ten years, he was her in New Zealand, then travelled the long way New Zealand’s Chief Parliamentary Counsel, George’s broad legal experience made his views to Katna where she stayed to support and assist following in the footsteps of the legendary and opinions on many fields of law valuable. He Shabnam for two months before returning to Walter Isles QC. There is no legal position in was thoughtful, analytical and very careful with the orthodoxy of legal practice. New Zealand of greater importance than the the use of words, as one would expect. His vast office of Chief Parliamentary Counsel. The experience with drafting bills and dealing with Helen’s final project was unable to be completed impact of the Parliamentary Counsel Office ministers gave him a sound sense of tactics and before she died. In 2010 she spent five months upon the shape and content of our statute law strategy when it came to deciding how to deal at Cambridge University on a Herbert Smith can hardly be overestimated. with reform projects. fellowship researching and writing what was to be her historical study of the Fijian constitution. George became a Parliamentary Counsel in When I was President of the Law Commission, I Hopefully it will be continued by others. 1981. Many statutes that he drafted are still on recruited him assiduously and he was keen to the books, including the Commerce Act 1986, work with Professor John Burrows QC on a large Last Christmas, Helen travelled with Atu to Fiji. the Reserve Bank Act 1989 and the Companies project to improve New Zealand statute law. The She returned less than three days before she Act 1993. fruits of this work can be found in the passed away. That she managed to make the trip Legislation Bill, which is in the final stages of with Atu, and return home, was characteristic of He loved drafting and he was exceedingly good parliamentary passage at the time of writing. her determination and resilience and a at it. He was painstaking and thorough. The bill covers such important topics as the testament to her son, who shouldered the One of George’s signal accomplishments was the printing, publication and reprinting of responsibility for his mother’s care. While we project that led to all New Zealand statutes and legislation; the process for revision bills and a mourn the death of this peerless woman of light three-yearly programme for this new concept so and grace we celebrate the contribution she bills being available online. This was a large and difficult project upon which he and Geoff Lawn far as New Zealand is concerned; and made to the law in New Zealand and the Pacific, reconstituting the law concerning and the difference she made to those in need. worked for years. It was brought to a successful conclusion and the result is much more Parliamentary Counsel. Karen Clark QC, LLB (VUW) 1986 accessible law. George was always centrally George was a perfect Law Commissioner. He concerned with the law being available and was generous with advice and his time. He was a capable of being understood. great legal mentor for younger staff and spent a lot of time with them. He was a great George’s grounding in the law before he came to transmitter of the values of the law and Parliament was wide ranging. He had been a illustrated his points from examples drawn Crown Counsel, during which he was heavily from his vast experience. involved in the energy projects of that day. He had been in a law firm, Martin, Evans-Scott and George did wonderful work as a Law Hurley. He had been a Junior Lecturer at Commissioner. His project to review and revise

16 V.Alum 2012 the Land Transfer Act, dealt with one of most fundamentally important statutes in New SIR MAURICE CASEY Zealand. It had to be revised because of the 1923-2012 advent of electronic technology. George had the happy knack of inspiring feelings of confidence S COUNSEL, from both the legal profession and the public A when you servants who administer the act. learned which Judge would hear your case, George also led the massively important project sometimes you were on the law of trusts; it is tragedy for the law in delighted because you New Zealand that he did not live to complete it. knew there would be a His draft of a bill embodying the fair and attentive recommendations would have been extremely hearing and a prompt valuable. He organised a group of leading judgment which was practitioners in the field to assist the unlikely to attract an Commission. appeal. Sir Maurice Another area where I worked closely with Casey was firmly in George was at the Legislation Advisory that category. During Committee, which I chaired from 2004 until the period of his long 2012. He was a member of that Committee as judicial service, he Chief Parliamentary Counsel and remained a was one of the quiet member when he became a Law Commissioner. achievers. This little-known committee has government Maurice enrolled at lawyers, academic lawyers and practising Victoria in 1940 but lawyers on it. It acts as sort of watchdog on the his studies were quality of legislation. It has produced over the interrupted by war years an extensive set of Guidelines and service. After comments on government bills, to Select graduating in 1946 he Committees where necessary. practised briefly in George worked hard on that committee. And it Blenheim and Lower is detailed and painstaking work. His Hutt before settling in judgment was delivered that afternoon) he knowledge of the legislative programme and of Auckland where he became a litigation partner in famously granted an interim injunction which drafting made his comments pertinent and one of the leading firms, Buddle Weir & Co. His brought about the cancellation of the proposed penetrating. George was indeed a prodigious appointment as a Judge in 1974 caused no All Black tour of South Africa. In Fiji, he worker. He worked very long hours in all his surprise, nor his subsequent elevation to the presided in an appeal upholding a finding that years in the Parliamentary Counsel office. It Court of Appeal. In 1986 he became a Privy the ruling military had unlawfully abrogated the must have been very hard for his wife Alison Counsellor. country’s constitution. As other Judges of that and his family. But such are the demands of the Sir Maurice had all the gifts of an outstanding era will recall, hearings of such cases of offices he held. Judge. He knew his law, and was expert in constitutional significance were stressful George was an amusing companion, devoted to procedure, but especially, he had judgment; an events, with armed military visible and the his family and wise. Few have contributed more unerring instinct for the right result, based on Judges accompanied by minders against the to the law than he did. He will be greatly missed. life experience and sound common sense. possibility of trouble. He wrote significant and helpful articles in legal Possessing an equable temperament, on the On retirement after more than 20 years on the periodicals and books. His work was always Bench he was not loquacious, but when New Zealand judiciary, Sir Maurice served accurate and full of insight. Much can be intervening was direct and to the point. extensively as an appellate Judge in the Pacific. learned from reading it. Unpretentious by nature, he sat on many His services to Fiji were recognised by the prominent cases, but never sought prominence Sir Geoffrey Palmer, BA (VUW) 1965, LLB (VUW) award of the country’s highest civilian honour, for himself, letting his judgments do the talking. 1966, JD (Chicago) 1967, Hon LLD (VUW) 2002 Commander of Fiji. They were clear and succinct, and their concision may have owed not a little to the fact Maurice Casey’s blunt exterior masked a that in the dictaphone age, he crafted them by twinkling sense of humour. As a colleague he hand, using a fountain pen to write a neat was ever companionable. Outside the law his script. Conservative by nature, Casey J in his private life was much focussed on his family, his judgments focussed on achieving a just result by wife Dame Stella Casey (distinguished in her the application of settled principles to the facts. own right) and their 9 children; and his strong Catholic faith. He was rightly described as a courageous Judge. In 1985, sitting under great pressure (the three- Thomas Eichelbaum LLB Hons (VUW) 1952, Hon day hearing concluded on a Saturday and the LLD 1998

Victoria University of Wellington | Faculty of Law www.victoria.ac.nz/law 17 A YEAR IN REVIEW | OBITUARIES 2012

JEREMY POPE, ONZM 1933-2012 EREMY POPE was a remarkable man. He was Jborn in Wellington on 9 October, 1938, one of three children born to Quentin Pope and Isabel McLennan. His father was a journalist and a poet, writing for the New York Times and the Chicago Herald tribune as their New Zealand correspondent. After WW2, Quentin Pope became a roving international correspondent and one can’t help but think this may have been a significant influence on a son whose innate sense of internationalism was lifelong and prescient. Jeremy attended St Peter’s prep school in Cambridge, Waikato, and Wanganui Collegiate. After secondary school, he studied law at Victoria and in 1963 married Diana Miller and was admitted to the bar. Following a few years in legal practice, Diana and Jeremy travelled overseas. When they returned to New Zealand, they produced the Mobil Guides to the North and South Islands, based on the Michelin Guides that had helped them in their travels abroad. The Mobil Guides were a huge success, with over 200,000 copies sold over 30 years and the Popes initiated all manner of law reform projects and So it was a special privilege to be able to assist receiving an award for an outstanding made Marlborough House a hive of optimism for him in a small way, when his time at the contribution to travel in New Zealand. what law could achieve to improve the lives of Secretariat came to an end, to discuss his own Jeremy was appointed Editor of the New Zealand ordinary people in Commonwealth countries. possible future direction with Transparency Law Journal in the 1970s and in 1978 resigned to Jeremy’s contribution was not purely legal. He International. At the time, Transparency was a take up a place as the Assistant Director of the was at the centre of the political work of the small and little-known NGO based in Berlin with legal division of the Commonwealth Secretariat Secretariat – something I saw at first-hand during a remit to tackle the problem of corruption, but and Editor of the Commonwealth Law Bulletin. A the first Fiji coup in 1985. He could be outspoken with very little international traction. Jeremy and three-year appointment became a 17-year stay when necessary. But most of the time he astutely Diana moved to Berlin, and he threw himself into and Jeremy became Director of the division in recognised that more could be achieved by the task of transforming Transparency into the 1980. It is here that my path crossed with his. getting alongside Commonwealth Governments, major force for good that it is today. Jeremy was I first met Jeremy when, as a final-year law acting as a positive agent for change. the ideal person to do this. His time at the student, I attended the New Zealand Law Secretariat had given him a unique insight and His greatest contribution in this period was in Conference in Rotorua over Easter 1984. As the access to government ministers and officials in helping engineer the visit of the Commonwealth Legal Director of the Commonwealth Secretariat, Commonwealth countries. Still it was Eminent Persons Group to South Africa and in he had brought to New Zealand the then characteristic of him not to take the route to an writing the Group’s report. This was a watershed Secretary-General, Sir Sridath (‘Sonny’) Ramphal easy life that he might have done as an moment in bringing about the end of apartheid – – an ebullient and outspoken character. Sonny’s international civil servant and diplomat, but a cause for which Jeremy had long fought. speech on the pressing needs for the legal instead to take on a whole new fight – with some Although his work was conducted behind the profession to contribute to a wider world of the most powerful vested interests both in scenes, it was fundamental to the international inspired me so much that, when, later that year, I governments and in industry. He did so both by recognition and credibility accorded to that went to London (following my wife-to-be Rhona), reporting fearlessly on what he found, but also by initiative, which exposed the apartheid system to I phoned Jeremy and, with all the innocent getting alongside governments and corporations international view as never before. enthusiasm of youth, asked him for a job. for direct dialogue and training. After that first year, I moved on first to writing In a move I subsequently saw was characteristic When Jeremy and Diana finally returned to live in my PhD and then into legal practice. But Jeremy of Jeremy, he immediately offered me one. I spent New Zealand, it was an honour for me to be able and I continued to have many adventures in the nine fascinating months at Marlborough House to support Jeremy’s appointment as a member of law together – at meetings of Commonwealth (the royal palace on the Mall that is the the New Zealand Human Rights Commission. Secretariat’s home), fielding all manner of Law Ministers at Jamaica in 1986 and in New Jeremy always took the road less travelled in life. projects that came into Jeremy’s fertile mind. The Zealand in 1990. He sent me my first case – an He remained true to his moral compass. He saw experience was formative and inspiring. Jeremy exotic claim of postage stamp fraud brought on law as a positive force for good in human society. had an amazing modus operandi. In those days behalf of the Government of Tuvalu – which His was a life well lived. He will long be before the internet and email, he conducted a fortunately had a successful outcome! But Jeremy remembered with affection and respect far huge daily correspondence on the Secretariat’s was also a great mentor to me, in the many beyond these islands. distinctive blue airmail paper with lawyers and difficult decisions as to my path to life in the law politicians all around the Commonwealth. He that I had to make in those days. Campbell McLachlan QC, LLB(Hons) (VUW) 1984

18 V.Alum 2012 A YEAR IN REVIEW | VISITORS TO THE FACULTY 2012

Visitors to the Faculty 2012 JANUARY Monique is researching for a monograph on the AUGUST International Organisation of Securities Yee Wah Chin, an antitrust lawyer and Commissions (IOSCO). In August she Justice Tipping, former Supreme Court Judge, commercial litigator from the United States, has participated in the NZCIEL symposium on has an office in the Law Faculty while he been at the Law Faculty for all of 2012. She has “Investment Issues for New Zealand and works on a project for the Council of Legal been working on a research project: Beyond” as a panellist talking about “Foreign Education. “Intellectual property rights & remedies after direct investments in global context – some Kayla Kingdon-Bebb, a PhD student from the eBay and Google Books”, published several trends and policy considerations”. She also University of Cambridge, will be with the articles, presented papers at various events as presented a paper on IOSCO’s strategic direction Faculty until early 2013 while working on her well as participating in the life of the Faculty. post-crisis at the ANZSIL annual conference in thesis, which is a diachronic study of changes Li Luo, Professor at Ranmin University, is the July. made to the land tenure systems of self- Dan Chan Fellow 2012. She gave a public lecture Makoto Sano, a Professor from Fukuoka governing First Nations in British Columbia. entitled “Legal Protection of Typeface” and University in Japan, was here for a month to SEPTEMBER taught LAWS 345 Comparative Law in the second research our accident compensation system. trimester. Nur Ezan Rahmat, a PhD student from the Andrew Ashworth, the Vinerian Professor of Eva Hendriks, a PhD student from the International Islamic University of Malaysia, English Law at the University of Oxford, was the worked on her thesis chapter which required University of Amsterdam, visited for a few 2012 Law Foundation Distinguished Visiting months whilst working on her thesis. her to study the practice of Family Mediation in Fellow. Professor Ashsworth gave a public other jurisdictions. She was under the Nancy Kim, Professor from California Weston lecture: “Guilty of Doing Nothing: Omissions, supervision of Professor Bill Atkin. School of Law in San Diego, came on an Duties and Crimes”. exchange to teach LAWS 303 Advanced Contract OCTOBER in trimester one. JUNE Shaunnagh Dorsett, Associate Professor, Jasper Krommendijk, a PhD student from FEBRUARY Faculty of Law, University of Technology, Maastricht University, visited for a few months Sydney, gave a staff seminar: “Pre-‘fusion’ Mario Patrono, Sapienza University of Rome is whilst working on his thesis in the area of UN ‘fusion’? New Zealand 1843-1856 and the a regular visitor to the Faculty. Professor human rights treaties. Influence of Civil Law”. Patrono teaches in Community and European Mary Boyce, University of Hawai’i at Mānoa, Nina Bergmann, a PhD student from Union Law. He is scheduled to visit again and returned to the Faculty to work on the Maori teach Law in 2013. Universität Passau, is working on her thesis Legal Project with Mamari Stephens. “Disappearing States – Impact of Climate Monique Costi, former Head of International Andrew Byrnes, ANZSIL President, visited Change on Small Island States and their Affairs, NZ Securities Commission/FMA, visited with the Faculty in the lead-up to the ANZSIL peoples”. in late 2011 and continued during 2012. Conference held at Victoria in July.

19 V.Alum 2012 Victoria University of Wellington | Faculty of Law www.victoria.ac.nz/law 19 A YEAR IN REVIEW | FACULTY EVENTS 2012

Faculty events 2012

JANUARY AUGUST BEEBY COLLOQUIUM ON BOOK LAUNCH DEAN’S RECEPTION INTERNATIONAL LAW What’s the Hurry? Urgency in the New Zealand To honour competitions and prize winners – see “It is within the proper nature of the judicial Legislative Process 1987-2012 (VUP 2011) page 28. process and well-established judicial functions for national courts to have regard by Claudia Geiringer, Professor Elizabeth PUBLIC LECTURE to international obligations which a country McLeay and Polly Higbee Making International Law undertakes – whether or not they have been Sir Kenneth Keith FEBRUARY incorporated into domestic law – for the In association with the International Law BOOK LAUNCH purpose of removing ambiguity or Association (New Zealand) Learning from the Past, Adapting for the uncertainty from, national constitutions, Future: Regulatory Reform in New Zealand LAUNCH legislation or common law.” (Lexis Nexis, 2012) edited by Professor Susy Special Issue of the Victoria University of (Principle 7 of the Conclusions of Judicial Colloquia & Frankel Wellington Law Review (VUWLR) to other meetings on the Domestic Application of Guest speaker: The Hon John Banks commemorate the life and work of Dr George International Human Rights Norms and on Government In association with the New Zealand Law Barton QC – see page 7. under the Law (‘Bangalore Principles’), 1988-92). Foundation OCTOBER Speakers; Professor Campbell McLachlan (Victoria University of Wellington) Mark Gobbi MARCH LAUNCH (Parliamentary Counsel Office), Associate Re-launch of the Māori Law Review and the PUBLIC LECTURE Professor Treasa Dunworth (University of Review’s new association with the Faculty of Negotiating the Fundamental Right to Auckland) Law – see page 2. Personal Liberty: Four Problem Cases In association with the Ministry of Foreign Professor Andrew Ashworth, New Zealand Law PUBLIC LECTURE Affairs and the International Law Association Foundation Distinguished Visiting Fellow Legal Protection of Typeface (New Zealand) Associate Professor Luo Li, Dan Chan Fellow OPENING SEMINARS 2012 Te Kauwae Parāoa – see page 3. The Outcome of the US Presidential Election MAY NOVEMBER and the Issues it raises about International Law PUBLIC LECTURE PUBLIC LECTURES Professor Michael J Matheson The Copyright Law of China and recent Zealand Old & New: International In association with the International Law developments Arbitration and Trade Association (New Zealand) Professor Li Luo New Zealand Law Foundation Inaugural In association with the New Zealand International Dispute Resolution Lecture Self-Determination in Puerto Rico: Association for Comparative Law Lucy Reed Recent Developments Dr Joel Colón-Ríos JUNE The expert witness in the arbitral process Nils Schmidt-Ahrendts In association with the New Zealand PUBLIC LECTURE Association for Comparative Law Consuetudo ex facto oritur: Bribery in arbitration Custom, Practice and the Law Vladimir Pavic Professor Gerald Postema, Cary C. Boshamer Professor of Philosophy and Law (University of North Carolina)

20 V.Alum 2012 NEW ZEALAND CENTRE FOR Shearer (University of Sydney) Convention on Contracts for the International With generous assistance from the New Zealand Sale of Good (CISG) met at the Faculty, PUBLIC LAW Law Foundation – see page 11 presented to the AMINZ conference and had JANUARY/FEBRUARY meetings at Chapman Tripp PUBLIC LECTURE With generous assistance from the NZ Law THE TREATY DEBATE SERIES: Substitute Justice?: Indirect Challenges to Foundation – see page 6 PATHWAYS TO THE FUTURE Guantanamo in Non-American Courts Pathway to Partnership; The WAI 262 Report AUGUST Professor Kent Roach, Professor of Law & Speakers: Hon Justice Joe Williams and lawyer Prichard Wilson Chair in Law and Public Policy, SYMPOSIUM Mai Chen University of Toronto Investment Issues for New Zealand and Beyond A Long Conversation: AUGUST The Consitutional Review Keynote Address: ‘Tiger Parents? The Politics of Speakers: Professor John Burrows, Associate PANEL DEBATE Chinese Foreign Direct Investment in the Professor Nin Tomas and Claudia Geiringer Circumcision in the Spotlight: A Rights European Union’ – Sophie Meunier, Woodrow Debate Wilson School of Public and International MAY Speakers: Professor Paul Morris (Professor of Affairs PUBLIC LECTURE Religious Studies, VUW); Hugh Young (The SEMINAR The Christchurch Earthquakes: Intactivism Pages); Associate Professor The proposed collaborative activity Insurance and Reinsurance Issues Elisabeth McDonald (Faculty of Law, VUW); exemption and collaborative activity Professor Robert Merkin, Research Professor of Associate Professor Petra Butler (Faculty of Law, clearance regime Commercial Law, Southampton University VUW) Speakers: Professor Bill Kovacic, Professor of PRESENTATION & OCTOBER Law, George Washington University, Chair of the SMALL GROUP DISCUSSION Federal Trade Commission and Dr Mark Berry, PUBLIC OFFICE HOLDER’S LECTURE Law for Change Chair of the Commerce Commission NZ The Judicial Conduct Commissioner: Presenters: Matthew Smith (barrister, In association with the New Zealand Commerce current challenges Thorndon Chambers); Jess Kerr (Crown Law); Commission Sir David Gascoigne KNZM CBE LLM Louis Chambers (law student); Max Harris SEPTEMBER (clerk to Chief Justice, Dame Sian Elias) NEW ZEALAND CENTRE OF PUBLIC LECTURE JUNE INTERNATIONAL ECONOMIC LAW Public Health, the Cost of Medicines and the PANEL DISCUSSION Trans-Pacific Partnership Negotiations Why the World needs a Bulletproof MARCH Deborah Gleeson (Lecturer, School of Public Arms Trade Treaty PUBLIC LECTURE Health and Human Biosciences, La Trobe Speakers: Monica Silverwood (Humanitarian Do Bad Things Happen when University) With comments by Susy Frankel, Law Legal Adviser, International Committee of Works Fall into the Public Domain? Professor of Law, Victoria University of the Red Cross); Widney Brown (Director of Law Professor Paul Heald, Professor of Law, Wellington and Policy, Amnesty International); Ema University of Illinois NOVEMBER Tagicakibau (International Advisory Council for the International Action Network on Small APRIL CONFERENCE Arms); Luke Roughton (Control Arms PUBLIC LECTURE Evolution and Equilibrium: Coordinator, Oxfam NZ) Intellectual Property, Innovation and Creativity: Copyright this Century Spokesperson (Ministry of Foreign Affairs and Current International Developments Keynote speaker: Jane Ginsburg, Morton L. Trade) Francis Gurry, Director General WIPO Janklow Professor of Literary and Artistic Property Law, Columbia Law School, New York SEMINAR JULY – see page 10 A Pragmatic Approach to International CONFERENCE Financial Regulation -- IOSCO’s Role in SYMPOSIUM 20th annual conference of ANZSIL, Australian Promoting Effective Securities Regulation The Trans-Pacific Partnership and New Zealand Society of International Law Presented by Monique Egli Costi Chairs: Rod Alley (Centre for Strategic Studies, International Law in the next two decades: VUW); Bill Rosenberg (CTU Economist and Form or Substance? JULY Director of Policy); Professor Margaret Wilson Speakers: Professor Jan Klabbers (University of CISG DELIBERATIONS (University of Waikato) Helsinki); Ms Valerie Hughes (Director, Legal One law to rule them all Division, WTO); Professor Richard Fentiman The UN-appointed Advisory Council for the UN (University of Cambridge); Professor Ivan

Victoria University of Wellington | Faculty of Law www.victoria.ac.nz/law 21 A YEAR IN REVIEW | FACULTY PUBLICATIONS 2012

Faculty publications 2012

VUW LAW REVIEW VOLUME 43, NUMBER 2: JULY 2012 AUTHORED BOOKS AUTHORED BOOKS 235 International Criminal Law and New Zealand Refugee Status Determinations: A Case Note on Attorney- General v Tamil X Ella Watt 263 Multi-textualism, ‘Treaty Hegemony’ and the Waitangi Tribunal: Making Sense of 19th Century Crown-Māori Negotiations in Te Urewera VOLUMEVOLUME 4343, NUMBERNUMBER 1 : JUNE 2012 Angelo, Tony, Private Lynch, Nessa Youth Justice in Hannah Blumhardt Special Issue in Honour of International Law in New Zealand New Zealand (Thomson Reuters, George Paterson Barton QC 289 Authorisation of Abortion for (Wolters Kluwer, The Netherlands, Wellington, 2012) a “Serious Danger to Mental 3 The Life in Law of George 2012) 112pp Health”: Would the Practice Paterson Barton QC Dame Sian Stand up to the Judicial Test? Elias Amy Dixon 7 Memories of GeorgeBarton 321 Prior Complaint Evidence Hon Christopher Finlayson under the Evidence Act 2006: 11 In Memory of Dr George The Supreme Court BartonQC Christine Grice Jurisprudence Holly Hill 13 George Barton and the Art of 345 The Treaty of Waitangi as an Friendship Peter McKenzie Exercise of Māori Constituent McDonald, Elisabeth Principles 17 A Tribute to Dr George Power Jessica Orsman of Evidence in Criminal Cases Barton Sir Ivor Richardson 373 Multi-Link Leisure Atkin, Bill, Henaghan, R, (Wellington, Thomson Reuters, 21 International Law 1960 to Developments Ltd v North Clarkson, D F, Caldwell, J 2012) 364pp 2010: Now and Then Sir Lanarkshire Council: Butterworths Family Law in New Kenneth Keith Commercial Interpretation or Zealand (15 Ed, Wellington, 39 Perspectives on International Relief From a Bad Bargain? LexisNexis, 2011) 1472pp Dispute Settlement from a Adèle Taylor Participant Sir Geoffrey Palmer VOLUME 43, NUMBER 3 77 Peacekeeping Forces, SEPTEMBER 2012 Jurisdiction and Immunity: 403 Charitable Trusts and A Tribute to George Barton Advancement of Religion: On Roger S Clark a Whim and a Prayer? Smith A T H, Eady, D Arlidge, 103 The Privy Council as the Final Juliet Chevalier-Watts Eady & Smith on Contempt (4 ed, Court for the British Empire 423 Humanitarian Concerns and Deportation Orders Under London, Sweet & Maxwell, 2011) Sir Ivor Richardson Colón-Ríos, Joel 1527pp 127 Reforming Civil Procedure the Immigration Act 2009: Weak Constitutionalism: Don Mathieson Are International Obligations Democratic Legitimacy and the Enough Protection for the 147 The Later Privy Council and a Question of Constituent Power Immigrant with Mental Distinctive New Zealand (New York, Routledge, 2012) Illness? Timothy P Fadgen & Jurisprudence: Curbor Spur? Guy Charlton Sir David Baragwanath 447 Third Party Consent Searches 163 The Common Law Mind of Following the Search and George Barton Surveillance Act Campbell McLachlan Sam McMullan 173 The State of Judicial 471 A Case for Including Scrutiny of Public Economic, Social and Cultural Contracting in New Zealand Rights in the New Zealand Bill and Canada David Mullan of Rights Act 1990 Joss Opie Geiringer, Claudia, Higbee, P and 203 Hersch Lauterpacht: Some 517 Simplicity in Legislative McLeay, E What’s the Hurry? Reminiscences George Barton Drafting and Rewriting Tax Urgency in the New Zealand 207 New Zealand’s First Chief Legislation Legislative Process 1987-2010 Justice: The Rule of Law and Sir Ivor Richardson (Wellington, Victoria University the Treaty Peter McKenzie Press, 2011) 177pp

22 V.Alum 2012 MONOGRAPHS, REFERENCE WORKS AND CHAPTERS IN BOOKS Frankel, Susy “Attempts to Protect Indigenous TEACHING TEXTS Culture through Free Trade Agreements” in Angelo, Tony “A Tale of Three Codes” in Christoph Graber, Karolina Kuprecht and Jessica Angelo, Tony Case Miscellany (Wellington, Law Andrea Büchler and Markus Müller-Chen (eds) Lai (eds) International Trade in Indigenous Publications, 2011) 100pp Festschrift für Ingeborg Schwenzer zum 60. Cultural Heritage: Legal and Policy Issues Geburtstag (Bern, Staempfli Verlag, 2011) Angelo, Tony Seychelles Digest (Wellington, (Edward Elgar, 2012) pp 118-143 pp 51-67 Law Publications, 2011) 708pp Frankel, Susy “A New Zealand Perspective on the Atkin, Bill “Physical punishment by parents: The Angelo, Tony Legislation of Seychelles: A Protection Traditional Knowledge” in Christoph New Zealand law reform” in Andrea Büchler and Finding List of Acts and Statutory Instruments Graber, Karolina Kuprecht and Jessica Lai (eds) Markus Müller-Chen (eds) Private Law: National as at 20 July 2012 (6th ed, Law Publications, International Trade in Indigenous Cultural – Global – Comparative. Festschrift für Ingeborg Wellington, 2012) pp 204 Heritage: Legal and Policy Issues (Edward Elgar, Schwenzer zum 60. Geburtstag (Bern, Staempfli 2012) pp 439-460 Atkin, Bill New Zealand (The Netherlands, Verlag, 2011) pp 99-113 Wolters Kluwer, 2012), International Frankel, Susy and Peter Drahos “Indigenous Atkin, Bill “Property division: Lessons from New Encyclopaedia of Laws: Family and Succession Peoples’ Innovation and Intellectual Property: Zealand” in Panagiotis I Kanellopoulos, Elini Laww, 152pp The Issues” in Peter Drahos and Susy Frankel Nina-Pazarzi and Cornelia Delouka-Inglessi (eds) (eds) Indigenous Peoples Innovation: Intellectual Atkin, Bill New Zealand (The Netherlands, Essays in Honour of Penelope Agallopoulou Property Pathways to Development (ANU epress, Wolters Kluwer, 2012), International (Athens, Ant N Sakkoulas, 2011) pp 129-151 2012) pp 1-28 Encyclopaedia of Laws: Social Security Law, Atkin, Bill “New Zealand: the Emergence of 170pp Frankel, Susy “The Intellectual Property Chapter Cultural Diversity” in E Sutherland (ed) The in the TPP” Lim, Elms and Low (eds) The Trans- Atkin, Bill, McLay, G Torts in New Zealand Future of Child and Family Law International Pacific Partnership: A Quest for a Twenty-first Cases and Materials (5 Ed, Melbourne, Oxford Predictions (Cambridge, Cambridge University Century Trade Agreement (Cambridge University University Press, 2012) 744pp Press, 2012) pp 265-295 Press, 2012) pp157-170 Knight, Dean (ed) (with Tim Miller and Ryan Austin, Graeme “Radio: Early Battles over the Jones, Carwyn “Whakaeke i ngā ngaru – riding Malone) Regulations Review Committee Digest Public Performance Right” in Copyright and the the waves: Māori legal traditions in New Zealand (4 ed, NZ Centre for Public Law, Wellington, Challenge of the New in Brad Sherman and public life” in Lisa Ford and Tim Rowse (eds) 2012) 110pp Leanne Wiseman (eds) (The Netherlands, Wolters Between Indigenous and Settler Governance Kluwer, 2012) pp 115-140 EDITED BOOKS AND (Routledge, New York, 2012) SPECIAL ISSUE JOURNALS Austin, Graeme “Reproduction Rights in US Knight, Dean “Local Democracy and the Trade Mark Law” in Andrew T Kenyon, Ng-Loy Consideration of Community Views: Obligation Angelo, Tony and Klauser, V E Sauzier on Wee Loon and Megan Richardson (eds) The Law and Observance” in Claire Charters and Dean R Evidence (2 ed, Wellington, Law Publications, of Reputation and Brands in the Asia Pacific Knight (eds) We, The People(s): Participation in 2011) 45pp (Melbourne, Cambridge University Press, 2012) Governance (Wellington, Victoria University Angelo, Tony, Atkin, Bill and Lynch, Nessa pp 119-141 Press, 2011) pp 284-317 Victoria University of Wellington Law Review: Boast, Richard “The Effects of Tenurial Change Knight, Dean and Charters, C “We, the People(s): Special Issue in Honour of Dr George Barton in Nineteenth-Century Latin America and New Participation in Governance”, in Claire Charters (2012) 43 Victoria University of Wellington Law Zealand” in Nicola Gilmour and Warwick E and Dean R Knight (eds) We, The People(s): Review 234pp Murray (eds) Parallel Pasts, Convergent Futures? Participation in Governance (Wellington, Angelo, Tony and Sage, Y L Comparative Law Comparing New Zealand, Iberia and Latin Victoria University Press, 2011) pp 9-15 Journal of the Pacific/Journal De Droit Compare America (Wellington, Stout Centre, Victoria Lewis, Meredith Kolsky “Achieving a Free Trade Du Pacifique (2012) 18 Wellington, Law University of Wellington, 2011) pp 35-52 Agreement of the Asia-Pacific: Does the TPP Publications 320pp Colón-Ríos, Joel “Los Peligros de la Reforma Present the Most Attractive Path?” in C L Lim, Atkin, Bill International Survey of Family Law Constitucional” [The Dangers of Constitutional Deborah Elms and Patrick Low (eds) The Trans- 2012 edition (Bristol, Jordan Publishing, 2012) Reform] in Congreso Panameno de Derecho Pacific Partnership: A Quest for a Twenty-First 415pp Procesal (Panama, 2012) Century Trade Agreement (Cambridge, Frankel, Susy and Drahos, P Indigenous Frankel, Susy “Digital Copyright Reform in New Cambridge University Press, 2012) pp 223-241 Peoples’ Innovation: Intellectual Property Zealand: An Own-Interest Approach for a Small McDonald, Elisabeth “Provoking Law Reform Pathways to Development (Canberra, ANU Market” in Mark Perry and Brian Fitzgerald (eds) Feminism, Queer Theory and the Legislative e-press, 2012) 252pp Knowledge Policy for the Twenty-First Century: A Agenda”, in Claire Charters and Dean R Knight Legal Perspective (Toronto, Irwin Law Inc, 2011) (eds) We, The People(s): Participation in Knight, Dean and Charters, C (eds) pp 402-419 We, The People(s): Participation in Governance Governance (Wellington, Victoria University (Wellington, Victoria University Press, 2011) Frankel, Susy “Branding Indigenous Peoples’ Press; New Zealand Centre for Public Law, 2011) 324pp Traditional Knowledge” in The Law of pp 237-257 Reputation and Brands in the Asia Pacific McLay, Geoff “Damages under the New Zealand (Melbourne, Cambridge University Press, 2012) Bill of Rights Act 1990” in by Rt Hon Peter pp 253-262

Victoria University of Wellington | Faculty of Law www.victoria.ac.nz/law 23 A YEAR IN REVIEW | FACULTY PUBLICATIONS 2012

Blanchard (consulting editor)Civil Remedies in Association for Comparative Law pp 33-44 – treading a careful path” (2012) Maori Law New Zealand (2 ed, Wellington, Brookers, 2011) Frankel, Susy “The Mismatch of Geographical Review pp 20-24 pp 203-224 Indications and Innovative Traditional Tinsley, Yvette “Making expert evidence McLay, Geoff “Equitable Damages” in Rt Hon Knowledge” (2011) 29 Prometheus pp 253-267 admissibility rules effective” (2011) Peter Blanchard (consulting ed) Civil Remedies in Geiringer, Claudia, Elizabeth McLeay and Polly The Prosecution Brief pp 6-9 New Zealand (2 ed, Wellington, Brookers, 2011) Higbee “’Urgent’ Legislation in the New Zealand Tinsley, Yvette and McDonald, Elisabeth pp 145-201 House of Representatives and the Bypassing of “Is There any Other Way? Possible Alternatives to McLay, Geoff “Legal doctrine, the leaky homes Select Committee Scrutiny” (2012) 8(2) Policy the Current Criminal Justice Process” (2011) 17 crisis and the limits of judicial law-making” in Quarterly p 12-22 Canterbury Law Review pp 192-221 The Leaky Bildings Crisis: Understanding the Iorns-Magallanes, Catherine “Indigenous Tokeley, Kate “Consumer Law Developments in Issues (Wellington, Brookers, 2011) Political Representation: Latin America and New Zealand” (2012) 22(10) Australian Produce McLay, Geoff and Neild, D “Tort Damages” in Rt International Human Rights Law” (2011) Journal Liability Reporter p 302 Hon Peter Blanchard (consulting ed) Civil of New Zealand Studies pp 93-108. Remedies in New Zealand (2 ed, Wellington, SHORT ARTICLES, CASE NOTES AND Lewis, Meredith Kolsky “Dissent as Dialectic: Brookers, 2011) pp 87-143 BOOK REVIEWS Horizontal and Vertical Disagreement in WTO Prebble, John and Prebble, Z “New Zealand” in Dispute Settlement” (2012) 48 Stanford Journal Angelo, Tony “Student Companion: Conflicts: Karen B Brown (ed) A Comparative Look at of International Law pp 1-46 875 Frankton Road Ltd v Brookes and Harrison Regulation of Corporate Tax Avoidance (New [2012] NZHC 78; Kuehne + Nagel International Lynch, Nessa “Playing Catch-up? Recent Reform York, Springer, 2011) pp 243-265 AG v Commerce Commission [2012] NZCA 221; of New Zealand’s Youth Justice System” (2012) 12 South Pacific Industrial Ltd v United Telecoms Sawyer, Caroline “Nationality, citizenship and Criminology and Criminal Justice pp 507-526 right of abode” in Gina Clayton (ed) Immigration Ltd [2012] NZHC 688” (2012) New Zealand Law and Asylum Law (5 ed, Oxford, Oxford University Lynch, Nessa and Liz Campbell “Competing Journal pp 206-206 Press, 2012) pp 63-94 Paradigms? The Use of DNA Powers in Youth Angelo, Tony “Student Companion: Conflicts: Justice” (2012) 12(1) Youth Justice pp 3-18 Smith, ATH “Public law trends in New Zealand’s RCL v APBL [2012] NZHC 1292” (2012) New Supreme Court” in New Zealand Law Society (ed) Marten, Bevan “Multimodal Transport Reform Zealand Law Journal pp 312-313 Administrative Law – the public law scene in 2011 and the European Union: A Minimalist Atkin, Bill “Child Support Changes in New (Wellington, New Zealand Law Society, 2011) Approach” (2012) 47 European Transport Law pp Zealand – unanswered questions” (2012) 5 Family pp 61-74 129-152 Law News (Newsletter of the International Bar Marten, Bevan “Multimodal Transport Reform Association pp 24-27 JOURNAL ARTICLES and the European Union: A Treaty Change Butler, Petra “Book Review: Stacey Strong, Anderson, Gordon “The End of the Phoney Approach”, (2012) 36 Tulane Maritime Law (2011) Research and Practice in International Peace? A Comment on the Employment Journal pp 741-759 Commercial Arbitration” New Zealand Law Relations Policies for the 2011 Election” (2011) McDonald, Elisabeth and Tinsley, Yvette Journal pp 186 Employment Law Bulletin pp 75-77 “Evidence Issues” (2011) 17 Canterbury Law Colón-Ríos , Joel “A Reply to Professor Zoran Angelo, Tony “Commentary on the Pacific Review pp 123-159 Oklopcic” (2012) International Journal of Islands Forum 2010” (2011) 8 New Zealand McLachlan, Campbell “The Common Law Mind Constitutional Law (Iconnect Blog) Journal of International Law pp 167-170 of George Barton” (2012) 43 Victoria University Colón-Ríos , Joel “Can There Be a Democratic Angelo, Tony “Variations on a Theme: When is of Wellington Law Review pp 163-172 Coup d’Etat? A Response to Professor Ozan an Attorney-General not an Attorney-General” McLauchlan, David “The Contract That Neither Varol” (2012) 53 Harvard Journal of International (2011) 23 Bond Law Review pp 1-10 Party Intends” (2012) 29 Journal of Contract Law Law (online symposium) Angelo, Tony and Perham, E “The Report of the pp 26-46 Jones, Carwyn “Takamore v Clarke” (2011) Foreign Affairs, Defence and Trade Committee McLauchlan, David “The Entire Agreement Maori Law Review pp 1-12 on New Zealand’s Relationships with South Clause: Conclusive or a Question of Weight?” Jones, Carwyn “Immunity from Seizure for Pacific Countries” (2011) 8 New Zealand (2012) 128 Law Quarterly Review pp 521-540 Cultural Objects on Loan – Discussion Paper” Yearbook of International Law) pp 181-194 McLauchlan, David “More Construction (2012) Maori Law Review pp 19-20 Atkin, Bill “Adult Guardianship: Some brief Controversy” (2012) 29 Journal of Contract Law Jones, Carwyn “Ko Aotearoa Tenei (A Report comparisons with the Law of Children” (2011)7 pp 97-120 into Claims Concerning New Zealand Law and New Zealand Family Law Journal pp 90-97 McLay, Geoff “Tort Settlements and Government: Policy Affecting Maori Culture and Identity” Austin, Graeme “The Two Faces of Fair Use” A Preliminary Inquiry”, (2011) 9 NZ Journal of (2012) Maori Law Review pp 1-20 (2012) 25 New Zealand Universities Law Review Public and International Law pp 247-269 Jones, Carwyn “Maori claims to rights over pp 285-317 water – Waitangi Tribunal recommends halt to McLay, Geoff “Tort and Constitutional Damages: Colón-Ríos Joel “The Counter-Majoritarian partial privatisation of State-owned power Toward a Framework” (2012) Public Law pp 45-60 Difficulty and the Road Not Taken: Democratizing companies: The interim report on the National Amendment Rules” (2012) XXV Canadian Morris, Grant “To what extent is the New Zealand Freshwater and Geothermal Resources Claim” Journal of Law and Jurisprudence pp 53-78 Treaty of Waitangi settlement process ‘interest- (2012) Maori Law Review pp 17-18 based’ negotiation?” (2012) 23 Australasian Colón-Ríos Joel “The Meaning of Majority in Jones, Carwyn “Settlement Negotiations Dispute Resolution Journal pp 120-130. the Constitution of Niue” (2012) 17 Yearbook of Measured against the Treaty of Waitangi: The the New Zealand Association for Comparative Stephens, Mamari and Monk, P “A Language for Port Nicholson Block Urgency Report” (2012) Law pp 27-32 buying biscuits? Maori as a civic language in the Maori Law Review August pp 11-17 modern New Zealand Parliament” (2011) 16 Colón-Ríos Joel “The Office of the Speaker and Jones, Carwyn “Treaty of Waitangi Settlement Australian Indigenous Law Review. the Constitution of Niue: a Brief Comparative Legislation: Extended Sitting Hours and Cognate Analysis” (2012) 17 Yearbook of the New Zealand Stephens, Mamari “The Legal Maori Dictionary

24 V.Alum 2012 Bills” (2012) Maori Law Review September pp 18-20 Lewis, Meredith Kolsky “Book Review: The prospects of International Trade Regulation: From Fragmentation to Coherence Thomas Cottier and Panagiotis Delimatsis (eds) (2012) 11 World Trade Review pp 346-349 Marten, Bevan “Student Companion: Public International Law: Ser Vaas Inc v Rafidian Bank [2012] UKSC 40” (2012) New Zealand Law Journal pp 308-309 McDonald, Elisabeth “Mahomed: future application” (2011) New Zealand Law Journal p 385 McDonald, Elisabeth “Student Companion: Criminal Law Stevenson v R [2012] NZCA 189” (2012) New Zealand Law Journal September pp 273-274 McDonald, Elisabeth “Student Companion: Criminal Law: Likiaropoulos v R [2012] HCA 37 (14 September 2012), King v South Waikato District Council [2012] NZHC 2264” New Zealand Law Journal October (2012) pp 309-310 Morris, Grant “Book Review: In the footsteps of Ethel Benjamin: New Zealand’s first woman lawyer by Janet November” (2012) Australia and New Zealand Law and History E-Journal pp 287-288 Sawyer, Caroline “Book Review: Childhood and Migration by Ni Laoire, Carpena-Mendez, Tyrrell and White” (2011) Europe Journal of Immigration, Asylum and Nationality Law pp 307-308 Smith, ATH “Case Note: HM Attorney-General v Fraill” [2012] Criminal Law Review pp 286-291 Smith, ATH “Case Note: Attorney General v Dallas” [2012] Criminal Law Review pp 694-697 Tokeley, Kate “Consumer Law Developments in New Zealand” (2012) 22(10) Australian Product Liability Reporter pp 302 Thwaites, Rayner “Book Review: Administrative Justice and Asylum Appeals: A Study of Tribunal Adjudication by Robert Thomas (Hart Publishing, Oxford, 2011) in (2012) 75 Modern Law Review pp 674-678 REPORTS Butler, Petra and others Amicus Curia Brief: Esther Kiobel v Royal Dutch Petroleum Co (San Francisco, United States, Supreme Court of the United States, 2012) 14pp Mossop, Joanna and Hamilton A P CIL Research Project on International Maritime Crimes: New Zealand’s Country Report (National University of Singapore, Singapore, Centre for International Law, 2011) 30pp Smith, ATH Reforming the New Zealand Law of Contempt of Court (Wellington, Crown Law, April, 2011) 126pp Tinsley, Yvette Evidence (2011) CIB Module 009 (Wellington, NZ Police, 2011) 87pp

Victoria University of Wellington | Faculty of Law www.victoria.ac.nz/law 25 A YEAR IN REVIEW | STUDENT ACHIEVEMENTS 2012

Student achievements 2012 Alberto Costi and Joanna Mossop, who shared LAW SCHOOL TEAM coaching duties and helped prepare the team for COMPETITIONS AND AWARDS the competition, accompanied the students to WINS PRIZE IN HONG KONG VUWLSS had its most successful year ever in Hong Kong. On 8-10 March 2012, the Victoria University external competitions in 2012. The competition featured 20 teams from the Law School team – Marin Van Hove and Ella Our Senior Mooting team of Alexandra Sinclair Asia-Pacific region representing either the Watt (oralists) and Zoe Halliday (researcher) – and Campbell Herbert won both the Australian Prosecutor of the International Criminal Court competed in the 10th Annual Red Cross Law Students Association Mooting Competition or the Defendant, each arguing twice in a International Humanitarian Law Moot (an Inter- and NZ Law Students Association Senior Mooting preliminary round, with three teams University Competition for the Asia-Pacific Competition. Accordingly, Alexandra and representing the Prosecutor and three teams Region) in Hong Kong. Campbell will compete at the prestigious Jessup acting for the Defence for the semi-finals. For the second time in three years, the Law International Law Moot Court Competition. The University of Hong Kong won the final School team won the prize for Best Memorial. The Client Interviewing team of Adele Taylor against the University of Melbourne. The final The judges scored the memorial 92 and 94 out and Elisabeth Perham also completed this was judged by Mr Chris Harland, Regional Legal of 100, praising the quality and depth of the double – winning both the ALSA and NZLSA Adviser, International Committee of the Red legal arguments. competitions comfortably. Adele and Elisabeth Cross (New Delhi), the Hon Mr Justice Patrick will travel to Glasgow in 2013 to compete in the The team reached the semi-finals of the Moot, Chan, Permanent Judge, Court of Final Appeal, World Client Interviewing Competition. losing to the eventual winners, the University of HKSAR, and Mr Michael Crowley, Senior Hong Kong. Lecturer, Edith Cowan University (the author of At the NZLSA Conference, Duncan McLachlan the problem). and Aric Shakur won the Junior Mooting Competition – a feat especially impressive as As opposed to the other teams, the Law School both can compete in the competition again next team had been invited by the organisers of the year. William Findlay was runner-up in the ccompetitiono and did not have to take part in a Client Interviewing Competition, narrowly nnationala round before going on to compete in defeated in a split decision by the judging panel. HHong Kong. In addition to these individual successes, at the TThish disadvantage in terms of mooting NZLSA Conference VUWLSS was, for the first eexperiencex was minimised by the assistance of a time, awarded the NZLSA President’s Prize for nnumberu of colleagues (Tony Angelo, Petra Best Overall Law Student’s Society. BuButler, Kevin Riordan and Rayner Thwaites), the wwinning team of last year (Sam Humphrey and SSaraha Wilson) and Monica Silverwood (Legal “To err is human. AAdviser,d Office in Australia - International To er, um, ah is unacceptable” CCommitteeo of the Red Cross Regional Delegation A personal view of the year’s achievements by iinn the Pacific). They offered invaluable advice debator Duncan McLachlan. ttoo the students in a number of meetings and Debating, like any illustrious sport, hinges on rrehearsalse before the team’s departure for tournaments. There is a round-robin HHong Kong. competition once a week, but that is only TTheh team would like to thank the Hong Kong training for tournaments. And tournaments are RRede Cross, the International Committee of the the thing the Vic debating team seems to excel RRede Cross Regional Delegation in the Pacific and at year after year. This year has been no ttheh Law School for their great support. exception. FForo more details of this year’s competition, see Our first victory was at Easter, at the New wwww.redcross.org.hk/en/press_room/press_ Zealand University Impromptu Debating rrelease_detail.html?year=2012&id=1183e . Competition, in which teams of two have five minutes to prepare, and then speak for six minutes. This was the 14th time Vic has won this competition. The winners were Asher Emanuel and Udayan Mukherjee. Udayan is a philosopher, the President of Debsoc, and, broadly speaking, someone worth listening to. Asher is a third-

26 V.Alum 2012 year law student, has edited Salient this year US Supreme Court Judges should have term Chapman Tripp) and Richard D’Ath held off and may be often seen brooding outside lecture limits. Vic 1 was supporting the motion. The Monash and Sydney debaters to win the New theatres. In that debate, they tore apart (there debate hinged on (a) the extent to which Zealand British Parliamentary Style Debating are no other words for it) the older Auckland politicisation occurred under a system where Competition. A big deal, and they are soon off University team by negating the motion that judges could choose their retirement; and (b) to represent Victoria (apparently Seb has not indigenous groups should have perpetual and whether politicisation of the judiciary was in yet graduated) at the Worlds in Berlin. At the exclusive intellectual property rights in any way undesirable. last Worlds they were both considered members of the top 20 speakers there, so they will traditional art (think of the koru on Air NZ, the The audience was probably on our side as tiki in art). underdogs. The debate swung back and forth probably do all right. Then came Australs – the Australasian with careful argumentation and examples Law students continue to thrive in debating. Intervarsity Debating Competition, which is the thrown around as if we knew the judiciary Both law and debating require an intellectual second largest debating competition in the personally. It was thrilling stuff for such a dexterity that is engrossing as a participant but world. This year, our top team included Asher, seemingly soporific motion. also allows each to enhance the other (although Richard D’Ath (a veteran of both debating and Back to the tournaments. We won Joynt Scroll perhaps my law results will refute this Law School) and Paul Smith (philosopher). They for the seventh time, thanks to Jodie, Asher and hypothesis). Under the stewardship of Udayan, eventually lost in the semi-final to the winners Udayan. This time they had to defend abortion this year’s law students young and old have of the competition, Monash University 1. to win the debate. A tough ask, but they cohesively melded into the debating arena. succeeded. Victoria 2 – Jodie O’Neill, Nick Cross (both As The Economist put it so aptly in its third-year law) and I – lost in the Octofinals to Recently, Sebastian Templeton (a now graduated advertising campaign: “To err is human. To er, the illustrious Victoria 1. The motion was that member of the competition law team at um, ah is unacceptable.”

Victoria University of Wellington | Faculty of Law www.victoria.ac.nz/law 27 A YEAR IN REVIEW | STUDENT PRIZEWINNERS 2011-12

Student prizewinners 2011-12 From left:From Smith, Tony Professor Campbell Herbert, Sinclair, Alexandra Hills David Each year outstanding students receive prizes to reward their talent and celebrate their achievements. FACULTY OF LAW PRIZEWINNERS 2011 A H Johnstone Scholarships in Law Best result in top three 200-level courses Lauren Brazier & Matthew McMenamin AJ Park Prize in Intellectual Property Top result in Intellectual Property Frances Kerslake Alumni Association Undergraduate Achiever Award Anna Peacey Archibald Francis McCallum Scholarship in Law Best result in LAWS 301 Property Law Premilla Singh Bernard Randall Prize in Family Law Top student in LAWS 370 Introduction to Family Law Medal of Excellence VicBooks Award – Laws 212 Alison Hamilton Top graduating law student Top tutor in LAWS 212 Chapman Tripp Prize David Bullock Kathy Scott-Dowell Top graduating law student NZ Law Review Prize VicBooks Award – Laws 213 David Bullock Top students over four 200-level Law courses Top tutor in LAWS 213 Chris Highfield Memorial Prize in Judicial Law Lauren Brazier, Matthew McMenamin & Ruth David Bullock Best result in LAWS 322 Judicial Review Upperton VicBooks Award – Laws 214 David Bullock Quentin-Baxter Prize in International Law Top tutor in LAWS 214 Chris Highfield Memorial Prize in Public Law Best work in LAWS 340 International Law Sam Humphrey Best result in LAWS 213 Public Law Anna Ker VicBooks Award – Laws 301 Lauren Brazier Quentin-Baxter Prize in Public and Top tutor in LAWS 310 Coleman-Brown Memorial Award International Law LLM Sebastian Templeton Top female student in the field of Legal Theory Kathy Scott-Dowell COMPETITION WINNERS 2012 Premilla Singh Robert Orr McGechan Memorial Prize Cullen Employment Law Prizes Best work for VUWLR Bell Gully Mooting Top students in LAWS 355 Employment Law Ella Watt Alexandra Sinclair & Campbell Herbert Richard Chiu, Phillip Claridge & Natalie Johnson Thomson Reuters Prize in Jurisprudence Minter Ellison Rudd Watts Witness Faculty of Law Prize in Legal System Best work in Jurisprudence class Examination Best result in LAWS 121 Legal System Lucy Revill, Premilla Singh & Jack Steiner William Findlay Rose Goss Thomson Reuters Prize in the Law of Contract Russell McVeagh Client Interviewing LEADR Prize in Dispute Resolution Best work in Law of Contract class Adele Taylor & Elisabeth Perham Best work in Dispute Resolution Alice Chote Buddle Findlay Negotiation Kate Neilson Val Gormly Memorial Prize Molly Woods & Lauren Brazier Lord Cooke of Thorndon Prize Top student in LAWS 301 Property Law Buddle Findlay Junior Mooting Best student entering the Honours programme Premilla Singh Duncan McLachlan & Aric Shakur Lauren Brazier VicBooks Award – Laws 211 Chapman Tripp Junior Negotiation Mario Patrono Prize in Legal System Top tutor in LAWS 211 Georgia Cameron & Reweti Kohere Highest average grades in LAWS 121, 122 & 123 Alison Hamilton Rose Goss

28 V.Alum 2012 A YEAR IN REVIEW | STUDENT ACTIVITIES 2012

Student activities 2012 Law Revue 2012

and acted as a channel towards other Wellington. We worked hard to put together FROM THE LAW STUDENTS’ SOCIETY opportunities made available by Wellington’s valuable products for sponsors – ones that PRESIDENT strong civil society sector. produce tangible benefits for both parties. VUWLSS would be a much less effective society Socially, we expanded the amount of events in HE YEAR OF 2012 was marked by one without their support. T concept – change. VUWLSS looks, behaves our calendar year. Stein evenings showed great and operates very differently than it did in the promise as a revenue-generator for VUWLSS in Finally, thanks are owed to the members of immediately previous years. the future, and established events such as the VUWLSS, law students of Victoria University of Law Ball, Cocktail Night and T-Shirt Night Wellington, and the wider collection of people The catalyst for this change was necessity. The continued to blossom. We ran the biggest ever that have attended our events this year. We were introduction of voluntary student membership Law Camp – giving second-year students a consciously ambitious this year. Fundamentally meant that VUWLSS would need significant collegial welcome to the Pipitea campus. I the success of every event and initiative has operational reconstruction and reconfiguration if believe the importance of running a successful depended crucially on buy-in from all associated it was to continue playing an important role in Law Camp cannot be understated. It was with it. It’s incredibly humbling when people the education of law students at Victoria. There is bittersweet to witness the incredible experience appreciate and respect what you are doing. no denying that this was a large and intimidating that was available to these students, when that Thank you to everyone who supported what we challenge. was nonexistent when I was at the same stage. did this year. The 2012 Executive fully embraced the enormity In addition to our own internal activities, we Ben Land-Maycock of the task. They were incredibly dedicated, had the most successful year of competitions in positive, hard working, and passionate. The VUWLSS history. Our competitors won the satisfaction of watching new ideas materialise, Senior Mooting, Junior Mooting and Client and of watching VUWLSS add value in areas that Interviewing at the annual NZLSA Conference. were previously uncharted, has made for an VUWLSS also won the NZLSA President’s Prize incredibly rewarding experience. for the Best Overall Law Students Society – the Improving and widening the opportunities first time that we have claimed this prize. offered under the education portfolio was a None of this would have been possible without deliberate focus of the Executive. We introduced the committed and exceptionally capable group a regular series of Study Groups for 200-Level of people that comprised the 2012 Executive. I Students, partnered with VicCareers to organise thank them first and foremost. a careers seminar series, launched a mentoring programme for senior students in association Thanks must also go to our sponsors, including with the Young Lawyers Committee Wellington, the Law Faculty at Victoria University of

VictoriaVictoria University University of Wellingtonof Wellington | Faculty | Faculty of of Law Law www.victoria.ac.nz/law www.victoria.ac.nz/law 2929 A YEAR IN REVIEW | STUDENT ACTIVITIES 2012 Law Revue 2012

drinking companion, Dorothy Plum. With the inspired celebration of the National Party’s LAW REVUE REVIEW help of the seductive temptress Miss Scarlett asset-sales policy : “Just Invest”, and a full-cast (Charlotte Christmas) and renowned bush attempt to shuffle along to LMFAO’s “Party Rock Wellington Law Revue took a deadly turn in warrior Tame Iti (David Jones), our heroes were Anthem”. 2012. Its theme of murder mystery – with a dash called upon to save the day and defeat the of legal thriller and a plethora of Cluedo As always, cast and crew – a fruitful mixture of machinations of sinister CULT torts lawyer (and references – proved a hit with packed audiences Victoria law students and young lawyers of Dorothy Plum’s own grandson) Professor Plum at the Memorial Theatre across four nights in Wellington (with the odd non-lawyer thrown in (Duran Moy). August. for good measure) – spent a fantastic six weeks As well as this gripping thriller of a plot, rehearsing, polishing and occasionally letting Murder at CULT House: A LawDunnit, directed audiences were treated to a veritable their hair down to bring the show to the stage. by David Turner and produced by Jamie Young- smorgasbord of boundary-pushing sketches on And as usual the show owed a great debt of Drew and Sophie Gommans, focused on the contemporary political, cultural and legal gratitude to our wonderful sponsors – Bell adventures of plucky Victoria law student topics. Gully, Chapman Tripp, Minter Ellison, Simply Charlie (Andrew Brown), his hipster brother Legal, Russell McVeagh and CJ Pask winery. Trevor (William Griffith) and pan-European Some of this year’s standout skits included girlfriend Helga (Rachel Ward). depictions of the London Olympics’ newest And if you missed this year’s show – or this sport (“Wrestling with your Sexuality”), the sounds like something you simply have to be Invited to the mansion of reclusive Wellington New Zealand sequel to the year’s raciest novel involved with – watch this space, because next legal scholar Sir Mortimer Jurist Esq to (“50 Shades of Greymouth”) and Celia Wade- year’s show is already in the works. celebrate the 85th anniversary of Donoghue v Brown’s pitch to put Wellington back on the Stevenson, our intrepid heroes were soon drawn David Turner world map (“Wellington’s Next Top Hobo”). into a murderous power struggle within the Memorable cameos were made by Kim Dotcom, CULT (the Caring and Understanding Lawyers’ Judith Collins (we’re still waiting for the Trust) over a secret with world-shaking defamation suit), Don Brash, Ewan MacDonald implications for the common law. and even the Beast of Blenheim. The CULT secret (the show’s over now, so we Favourite musical numbers from the show can spoil it): Donoghue v Stevenson wasn’t a included a rendition of Chicago’s “Cell Block case of negligence at all, but rather a nefarious Tango”, featuring five of New Zealand’s most case of deliberate poisoning arising out of a infamous criminals (the inclusion of David Bain sordid love triangle between May Donoghue, in no way reflects Law Revue’s official view of her husband, and her paisley-wearing, tea- Mr Bain’s culpability), a Beauty and the Beast-

30 V.Alum 2012 Law Ball 2012

Entertainment for the night was provided by LAW BALL 2012 Murray Giblin, known colloquially as ‘The FOURTH ANNUAL PATRON’S LECTURE Pianoman’. Mr Giblin was the standout of the The Law Ball is the highlight of the social VUWLSS Patron Sir Geoffrey Palmer was night, with his energetic renditions of classics calendar and the largest event VUWLSS unavailable for the annual VUWLSS Patron’s heartily enjoyed by many amateur dancers and, organises. Russell McVeagh were the named Lecture this year and Professor Tony Smith, in the case of most, more amateur vocalists on sponsors of the event again this year. The event Dean of the Faculty, stood in for him. the dance floor. was also generously supported by Lion Nathan, The keynote address at the Patron’s Lecture this Crane Brothers and Ruby. It was held on July 28. The Crane Brothers Best Dressed Man went to year was delivered by the President of the New William Findlay, and the Ruby Most Best This year, due to overwhelming demand, the Zealand Court of Appeal, the Honourable Justice Dressed Woman went to Jessica Warn. Law Ball increased total attendance to 550 – a Mark O’Regan. Justice O’Regan is himself a 150 person increase on past years. This increase A fantastic night was had by all – an graduate of Victoria University of Wellington. gave the 2012 Law Ball the distinction of being achievement that rightly is magnified by the Justice O’Regan spoke about the realities of the single largest event in VUWLSS history. sheer scale of the event. Thanks must go to becoming and being an appellate judge in New Jesse Strafford and Sam Martin, the Social It’s always tough to draw a line on event Zealand. His speech focused on the tangible Officers, for their work in leading the capacity, and whist the Law Ball certainly challenges that confront the judiciary and organisation and planning of the event. reached the limits of that boundary (taking into reflections on his own experiences. It was well account the size of venues in Wellington), the received by the audience. size of the event was matched accordingly by its Professor Smith echoed Justice O’Regan’s success. comments and provided his own remarks on Shed Five once again hosted the Law Ball. We the unique nature of the judicial profession and are very lucky to have access to such a large but the difficult in that nature being accurately beautiful venue, on a prime waterfront location. represented in popular and public perceptions. It really does make for a spectacular ambience. VUWLSS put on drinks and canapés following The VUWLSS Executive decided to go themeless the speech where the attendees could mingle this year. Red Pebble were hired to do the with Justice O’Regan and Professor Smith. creative design for the event. It was kept very classic and classy – mainly with crystals and flowers. Guests entered down a long red carpet lined with candles and flame towers.

Victoria University of Wellington | Faculty of Law www.victoria.ac.nz/law 31 V.ALUM 2010 | LAW GRADUATES 2012

Law graduates 2012

Qualifications granted by the Victoria University of Wellington Council for the Law Faculty in 2012 at the time of publication:

DOCTOR OF PHILOSOPHY (PhD) Neris, Armando [1] De Roo, Katie Knowles, James Reynolds, Jesse IN LAWS Orsman, Jessica [2/1] Dengate Thrush, Clare Krumdieck, Kierra Rosevear, Patrick Savanthrapadian, Ashvini [2/1] Dib, Sara Kumar, Artika Ruddlesden, Jessica Hutchison, Andrew Scott Dowell, Kathryn [1] Dickson, Georgina La, John Pill Ryan, Danielle Limenta, Michelle Slankard, Jesse [2/1] Donnison, David La Grow, Adrien Ryan, Holly Salmond, Sarah MASTER OF LAWS Tapper, Oliver [2/1] Douds, Jacob Lagan, Adam Tattersall, Clare [2/1] Driscole, Rebekah Lambert, Stephanie Seddon, Simone Austin, Madeline [M] Taylor, Genevieve [1] Dunn, Miranda Lampe, Rebecca Shand, Peter Bourne, Stephen [M] Wilson, Hannah [2/1] Earl, Katie Larsen, Sarah Shaw, Nicolette Dibley, Thomas [M] Wilson, Sarah [1] Elliott, Cameron Le Fevre, Phillippa Shi, Yipu Fesefeldt, Eike Wright, Stephanie [1] Ellis, Morgan Lee, Oliver Small, Richard Gerasimovich, Viktor [M] Zhang, Dian [2/1] Espejo, Rachel Lee, Subin Smith, David Gunasekara, Maharambage [D] Esposito, Svetlana Lewis, Kimberley Smith, Jessica Huser, Daniel [M] Faletutulu, Makisua Lewis, Stephanie Smith, Lauren Jonas, Martin [M] Adams, Dorothy Foulkes, Christopher Li, Zhi Smith, Samantha Klauser, Veronika [M] Aitcheson, Abby Fraser, Seth Livingston, Digby Sparkes, Andrew Knierim, Merle [M] Akari, Shayne Gibbs, Matthew Livingston, Edwina Spencer, Andrew Krimowa, Symone [M] Ansell, Jeremy Gould, Jonothan Luders, Todd Sretenovic, Tina Leerkamp, Felix Bamber, Sarah Graham, Steven Mackay, Jacob Stone, Jessie Neild, David [D] Batchelor, Peter Gray, Harriet Magner, Matthew Stuart, Victoria Neill, Catherine [D] Bate, Joanna Gray, Shani Manion, Elizabeth Tan, Christopher Nijman, Catherine [D] Batt, Jemma Green, Kylie Martin, Joanna Taylor, Jason Reinhardt, Holger [M] Beckett, Aidan Green, Rochelle Martin, Michelle Teesdale, Lara Rogge, Nico [M] Bergseng, Jessica Greenlees, Christopher McGarvey, Jason Temm, Jessica Schymura, Franz [M] Blackbeard, Kate Grieve, Andrew McGimpsey, Edward Templeton, Sebastian Skellern, Anna-Marie [D] Boshier, Edwin Gwynn, Sarah McLaughlin, Thomas Tennent, Lauren Templer, Leeanne [M] Boshier, Marcus Hagon, Sophie Mckay, Caitlin Teo, Chun Boon Thomson, Vivien [D] Bowles, Ashlee Halbert, Everard Mehrtens, Lucy Thomas, Chris Waddington, Doris Boyd, Rhys Hamlyn-Crawshaw, Monica Merson, Luke Timings, Paul Wetzlaugk, Anja [M] Boyes, Amy Hardie, Craig Millard, Harold Tovey, Anya Mills-Wallis, Alexandra Trask, Lucie BACHELOR OF LAWS Bradshaw, Charlotte Haronga, Echo Brennan, Samantha Moanaroa, Sheree Vinten, Ryan WITH HONOURS Haumaha, Casey Broadbent, Daniel Haverkamp, Casey Moore, Elyse Waghorn, Prema Allan, Ashleigh [1] Bruce, Emily Helson, Jeremy Moosa, Mohammed Wahyudhi, Dianny Avery, Joelle [2/1] Butterworth, Amanda Henderson, Julia Murchison, Jessica Ward, Rachel Bain, Hannah [1] Buxton, Jacqueline Hengsadeekul, Phatranaree Murray, Christopher Wethey, Samuel Bell, Michael [2/1] Carr, Robert Henwood, Nicholas Newman, Kent White, Diane Bruce-Smith, Nikolas [2/1] Carter, Timothy Hesketh, Timothy Nguyen, Naomi Wickliffe, Kathleenmere Budge, Theresa [2/1] Cayford, Madeleine Hill, Louise Nicholls, Adrik Williams, Jeremy Buist-Catherwood, Emily [1] Chapman, Anna Hills, Frederick Nobbs, Lydia Williams, Tom Bullock, David [1] Chapman, Nicholas Hinton, Lily Norris, Piri Wooldridge Hyett, Fern Bunting, Kristina [1] Cheah, Nicole Hopman, Lucy Parkes, David Wright, Lorenz Caldwell, Julia [1] Chetty, Lyle How, Jonathan Patel, Meera Zadorozhnaya, Inna Chan, Nicholas [2/1] Chiu, Richard Howie, Finnian Patel, Yogesh von Batenburg, Wilson Gao, Wenqi [2/1] Chow, Deborah Hua Pei Ling, Sarah Paterson, Geordie Hagyard, Marion [2/1] Claridge, Phillip Ing, Kimleang Pearson, James GRADUATE Hamilton, Alison [1] Clarke, Stephanie Jokhan, Shanol Pine, Andrew CERTIFICATE IN LAW Hickey, Chantal [2/1] Coghill, Lucy Jurgeleit, Beth Pring, Rachel Bidewell, Simon Humphrey, Samuel [1] Connolly, Elly-Marie Kafedzic, Selma Pringle, Fiona Demirci, Ismail Hutchison, Richard [1] Cope, Hannah Kay, Harriet Proctor, Matthew Hill, Nicola King, Andrew [1] Cowlrick, Larissa Kennedy, Mai-Tal Rae, Natasha Jenkison, Sarah Kirwan-Jones, Redmond [1] Craig, Gretchen Kenworthy, Kate Rainier, Paul Jones, Asha Kovacevic, Sladjana [1] Crawford, Jamie Keren, Inbal Raumati, Shaun Mueller, Bianca Kusel, Natasha [2/1] Cunliffe, Kadia Kinsella, Sophie Reid, Veronica McKay, Patricia [2/1] Davies, Simon Klimenko, Edward Rennie, Michael Neilson, Kate [1] Davies-Colley, Mary Knight, David Reyners, Conrad

32 V.Alum 2012 THE LAW FACULTY | 2012

Faculty of Law 2012

HEAD OF SCHOOL LECTURERS VISITING LECTURER Professor A.T.H. (Tony) Smith Mark Bennett, BA LLB(Hons) LLM Well, LLM Harv Nancy Kim, LLM UCLA, BA(Hons) JD Calif Carwyn Jones, BA LLB Well, MA York(Can) PROFESSORS Bevan Marten, BA LLB(Hons) Well, LLM Camb ADJUNCT LECTURERS Gordon Anderson, LLM Cant Guy Sinclair, BA LLM(Hons) Auck Gary Forrester, BSc MA E.Ill, DJur Ill Anthony H. Angelo, ONZM, Palmes Académiques, Rayner Thwaites, BA(Hons) LLB(Hons) Melb, LLM Mark Gobbi, LLM Well, BSFS G’town, BA LLM Well, DiplDrComp Stras SJD Tor JD UC (Davis) William R. Atkin, BA LLM Well Daniel Kalderimis, BA LLB(Hons) Well, LLM Col Graeme Austin, BA(Hons) LLM Well, JSD Col ASSISTANT LECTURER Chris Mitchell, BA Massey, LLM Well Richard P. Boast, MA Waik, LLM Well Tai Ahu, LLB BA Well Steven Price, LLB(Hons) BA MJour Calif Susy Frankel, LLB(Hons) Well, LLM Lond Kevin Riordan, ONZM, BA LLB Well, Claudia Geiringer, BA(Hons) Otago, LLB Well, DISTINGUISHED FELLOWS LLM C’nell LLM Col Sir Kenneth Keith, ONZ, KBE, LLB LLM Harv & Tim Smith, BSc LLB(Hons) Well, LLM Harv Campbell McLachlan, QC, LLB(Hons) Well, Well, LLD(Hon) Auck & Well Dip(cum laude) HagueAcIntlLaw, PhD Lond Sir Geoffrey Palmer, PC, KCMG, BA LLB Hon NEW ZEALAND CENTRE OF David W. McLauchlan, LLM Well LLD Well, Hon LLD Wash, AC JurDr Chic, Hon INTERNATIONAL ECONOMIC LAW Geoffrey McLay, BA LLB(Hons) Well, LLM SJD Mich DHumLitt Hofstra Associated with the Faculty of Law John Prebble, BA LLB(Hons) Auck, BCL Oxf, JSD Sir Ivor Richardson, PC, KB, PCNZ, LLB Cant, LLM Director C’nell, Inner Temple SJD Mich, Hon LLD Well & Cant Prof Susy Frankel, LLB(Hons) Well, LLM Lond A.T.H (Tony) Smith, LLM Cant, LLD Camb Associate Director HONORARY FELLOWS Meredith Kolsky Lewis, BA(Hons) N’Western, ASSOCIATE PROFESSORS/READERS Brian Brooks, MA NZ, LLM Cant, DipJur Syd MSFS JD G’town Petra Butler, LLM Well, Dr Jur Gött Justice Denis Clifford, BA LLB(Hons) Well Post-doctoral Fellow Alberto Costi, BA St-Jerome, LLB Mont, David B. Collins, QC, LLM LLD Well Michelle Limenta, LLB Trisakti, LLM Leiden, DipIntl&CompLaw San Diego, DipAELS Bruges, Judge William K. Hastings, BA Tor, LLB York (Can), PhD Well LLM Harv LLM Lond Elisabeth McDonald, BA LLB Well, LLM Mich Jack E. Hodder, SC, BA LLB(Hons) Well, LLM Lond NEW ZEALAND CENTRE FOR PUBLIC LAW Nicole Moreham, LLB(Hons) Cant, LLM PhD Camb Justice Stephen Kós, QC, LLB(Hons) Well, LLM Cant Associated with the Faculty of Law Yvette Tinsley, LLB(Hons) PhDBirm Justice Jill Mallon, LLB(Hons) Well, LLM C’nell Director Bill Mansfield, BA LLM Well Prof Claudia Geiringer, BA(Hons) Otago, LLB SENIOR LECTURERS Matthew Palmer, BACant , LLB(Hons) Well, Well, LLM Col Joel Colón-Ríos, BA JD Puerto Rico, LLM Tor, LLM JSD Yale Associate Directors PhD York(Can) Judge Peter Spiller, BA LLB PhD Natal, LLM MPhil Petra Butler, LLM Well, Dr.Jur Gött Catherine Iorns Magallanes, BA LLB(Hons) Well, Camb, PhD Cant, PGCTT Waik Dean Knight, BCA LLB(Hons) Well, LLM Br Col LLM Yale Jeremy Waldron, BA LLB Otago, DPhil Oxf Carwyn Jones, BA LLB Well, MA York(Can) Dean Knight, BCA LLB(Hons) Well, LLM Br Col Justice Joe Williams, LLB Well, LLM Br Col Rayner Thwaites, BA(Hons) LLB(Hons) Melb, Meredith Kolsky Lewis, BA(Hons) N’Western, LLM SJD Tor MSFS JD G’town HONORARY LECTURERS Nessa Lynch, BCL LLM NUI, PhD Otago Brendan Brown, BCom Otago, LLB(Hons) Well Grant Morris, LLB(Hons) BA(Hons) PhD Waik, Steven Flynn, LLB(Hons) Well LTCL Kenneth Johnston, BA GradDipHRM LLB Well Joanna Mossop, BA LLB(Hons) Well, LLM Col Caroline Sawyer, BA(Hons) Oxf, MA Brunel, PhD Bris Paul Scott, BA Massey LLM Cant

Māmari Stephens, LLB(Hons) MA Well V.ALUM Gordon W. Stewart, BA LLB(Hons) LLM Well, © Victoria University of Wellington DipTchg December 2012 Kate Tokeley, LLB(Hons) LLM Well 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] www.victoria.ac.nz/law Victoria University of Wellington | Faculty of Law www.victoria.ac.nz/law 33 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]