DOCSLIB.ORG

Eden Crescent Te Kerehiniti O Itena • Auckland Law School Annual 2015

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Eden Crescent Te Kerehiniti O Itena • Auckland Law School Annual 2015 Eden Crescent Te Kerehiniti o Itena • Auckland Law School Annual 2015 Appointments Record recruitment round for Auckland Law School Supreme Court 10 year anniversary conference Legal writing New programme launched Eden Crescent The Auckland Law School Alumni Annual. Editor: Susan Watson From the Dean ................................................. 1 RESEARCH Editorial Support: Alison Lees, Andrew Research highlights ......................................... 34 Stockley, Scott Optican, Nicola Hoogenboom FEATURES New books ...................................................... 39 Jo Manning, Ada Marama Biggest appointment round in Auckland Law School’s history ................................................ 2 VISITORS Designer/Production: Studio Ahoy and Faculty hosts major conference on the first ten Michael Kirby ................................................... 43 Corson’s Creative Studio years of the Supreme Court ............................. 10 Professor Jane Ginsburg .................................. 44 Cover Photo: Warren Swain, Chris Noonan, New Legal Research, Writing and Professor Paul Brand ........................................ 44 Anna Hood, Andrew Erueti, An Hertogen and Communication Course for all students .......... 15 Sir Robin Jacob ................................................ 45 Craig Elliffe Top practitioners ............................................. 46 Photographer: Dean Carruthers FACULTY NEWS Visitors news in brief ........................................ 48 New work-friendly postgraduate programmes: Editorial Contact Details: Introducing 15 point courses .......................... 16 STUDENT NEWS Eden Crescent, Auckland Law School Master of Taxation Studies moves to Ron Paterson encourages law students to The University of Auckland Law School ...................................................... 17 follow their hearts at Law Awards .................... 50 Private Bag 92019 2016 postgraduate courses ............................ 18 New Zealand’s first Law Students’ Careers Auckland 1142 Peter Devonshire promoted to Professor ......... 19 Guide ............................................................... 51 New Zealand Stephen Penk promoted to Associate Mooting programme goes from strength to Professor ......................................................... 20 strength ........................................................... 52 If alumni wish to update their details or be Ken Palmer retires after 46 years of service .... 21 Student news in brief ....................................... 54 removed from the subscription list, please email: Margaret Vennell ............................................. 22 [email protected] Professor Jane Kelsey - Critic and conscience.. 24 ALUMNI NEWS Accolades for Peter Watts ............................... 25 Justice Lowell Goddard heads historic British www.law.auckland.ac.nz Grant Huscroft appointed to the bench inquiry ............................................................ 55 in Canada ........................................................ 26 James Hosking and Anne Capelle .................... 56 Copyright Faculty news in brief ........................................ 26 Natalie Walker awarded new Crown warrant Articles reflect personal opinions and are not for Manukau .................................................... 58 those of the University of Auckland. No parts MĀORI AND PACIFIC NEWS Class of 1965 - 50th Anniversary dinner ........ 59 of this publication may be reproduced without Action-packed year for Māori staff Sir Ronald Davison ........................................... 60 prior consent of the University of Auckland. and students ................................................... 27 Judge Mick Brown ........................................... 60 Great year for Pacific staff and students .......... 31 Sir Peter Williams QC ....................................... 61 All rights Reserved. First Pacific Islander appointed at the Former All Black Bryan Williams honoured ©The University of Auckland 2015 Auckland Law School ....................................... 32 by University .................................................... 62 Max Harris elected Prize Fellow at All Souls College Oxford ................................................. 62 Alumni news in brief ........................................ 63 Donor Wall ....................................................... 65 Eden Crescent 2015 SECTION TITLE From the Dean During the last five years I have appointed a third of the Faculty. This number of appointments has brought some exciting new and emerging scholars to the Auckland Law School, as well as new hires with significant and highly regarded publication records, and with extensive connections with the profession and the judiciary. Since the last edition of this magazine I have small groups with fortnightly writing, research again won the President’s Shield for the top law appointed seven new members of the permanent and presentation exercises, drawing upon best school and Auckland will represent New Zealand academic staff. They bring considerable strengths practice experience in many North American and at the Jessup Moot Competition in Washington in areas including Contract, Tax, Company Law, some leading Australian law schools. It will be DC for the eighth time in the last nine years. Over Competition Law, Commercial Law, Securities taught primarily through small group workshops 700 students joined our Mooting Society this Law, Financial Regulation, Equity and Trusts, and intensive mentoring and will help ensure that year and two new internal mooting competitions the Treaty of Waitangi, Māori Land Law, Māori we continue to maintain and enhance the high (for first year and intermediate-level mooting) Customary Law, Public Law, International Law, standards for which this Law School is known. have been established in the last twelve months. Human Rights Law, Legal History, Legal Method In October we won the Australia-New Zealand We have also recently reviewed and extended and Legal Writing. Craig Elliffe, Andrew Erueti, An Aviation Law Moot. our LLM programme. In response to a survey of Hertogen, Anna Hood, Chris Noonan and Warren previous students and legal practitioners, from Earlier this year we were deeply saddened Swain have all started at the Law School during 2016 we will be offering more choice from a by the death of long-serving Faculty member the course of this year and are profiled in the first range of three or five day courses, Saturday Margaret Vennell. I know she is remembered few pages of the magazine. They will be joined courses and half or full semester evening courses. fondly by many of her past students and she will by Jane Norton in February. I am also pleased Full-time or part-time students can choose from be greatly missed. to have been able to appoint Helena Kaho as an a range of courses and six specialisations. The Assistant Lecturer. She is the first Pacific Islander My thanks to all alumni who have shared Law Faculty has also taken on responsibility for to become a member of the Faculty and her memories and sent condolences. The Faculty the MTaxS degree, meaning that considerably appointment has been greeted with enthusiasm and I are extremely grateful for all the support more tax courses will be available to LLM as well by our Pacific students and alumni. we receive from alumni and friends of the as MTaxS students. Law School. To give but one example, our The Auckland Law School is comprehensively As you will see in the magazine, we have participation in mooting competitions would strong across all major areas of the law. Whether celebrated a wide range of staff and student not be possible without the financial support in public and international law, corporate and successes during the course of the year. This has provided by law firms and barristers’ chambers, commercial law, or private law more generally, included Peter Watts being made a Fellow of the and the coaching, mentoring, and adjudicating we have a Faculty of outstanding teachers and Royal Society of New Zealand and being awarded willingly offered by alumni, practitioners and scholars. a prestigious Leverhulme Visiting Professorship, judges. The generosity of our alumni is critical to The Faculty is committed to ensuring that we and Jane Kelsey winning a $600,000 Marsden the success of the Law School in all sorts of ways continually review and update our curriculum grant for a research project on international and we are very grateful for all the contributions and programmes and compare these to best economic regulation. The Auckland Law School that have supported and enabled what has been overseas practice. We are in the process of won three of the four New Zealand Legal Writing a very busy and successful year, as reflected in introducing a more comprehensive legal writing Awards for 2015. the pages of this magazine. programme and, as part of this, all our second Our success in student mooting competitions year students will be required to take a new continues unabated. At the recent New Zealand Andrew Stockley - Dean of Law legal research, writing and communication Law Students’ Association Championships we course beginning in 2016. This will be taught in 2015 Eden Crescent 1 FEATURES Back2 Eden row: Chris Crescent Noonan, 2015 An Hertogen, Andrew Erueti. Front row: Helena Kaho, Anna Hood, Craig Elliffe FEATURES Biggest appointment round in Auckland Law School’s history The strength of a law school is built on its
Load more

Recommended publications
  • From Privy Council to Supreme Court: a Rite of Passage for New Zealand’S Legal System
    THE HARKNESS HENRY LECTURE FROM PRIVY COUNCIL TO SUPREME COURT: A RITE OF PASSAGE FOR NEW ZEALAND’S LEGAL SYSTEM BY PROFESSOR MARGARET WILSON* I. INTRODUCTION May I first thank Harkness Henry for the invitation to deliver the 2010 Lecture. It gives me an opportunity to pay a special tribute to the firm for their support for the Waikato Law Faculty that has endured over the 20 years life of the Faculty. The relationship between academia and the profession is a special and important one. It is essential to the delivery of quality legal services to our community but also to the maintenance of the rule of law. Harkness Henry has also employed many of the fine Waikato law graduates who continue to practice their legal skills and provide leadership in the profession, including the Hamilton Women Lawyers Association that hosted a very enjoyable dinner in July. I have decided this evening to talk about my experience as Attorney General in the establish- ment of New Zealand’s new Supreme Court, which is now in its fifth year. In New Zealand, the Attorney General is a Member of the Cabinet and advises the Cabinet on legal matters. The Solici- tor General, who is the head of the Crown Law Office and chief legal official, is responsible for advising the Attorney General. It is in matters of what I would term legal policy that the Attorney General’s advice is normally sought although Cabinet also requires legal opinions from time to time. The other important role of the Attorney General is to advise the Governor General on the appointment of judges in all jurisdictions except the Mäori Land Court, where the appointment is made by the Minister of Mäori Affairs in consultation with the Attorney General.
    [Show full text]
  • Ascertaining the Meaning of Legislation – a Question of Context
    629 ASCERTAINING THE MEANING OF LEGISLATION – A QUESTION OF CONTEXT Cathy Nijman* It has been said that "no word in an Act can be safely interpreted out of its context". Yet, Parliament was sufficiently concerned about the courts' use of external context as an aid to statutory interpretation to decide consciously to omit reference to "context" when enacting section 5(1) of the Interpretation Act 1999. This paper investigates the reasons for Parliament's concern. It examines cases decided before and after the enactment of section 5(1) to establish past and present judicial practice when using external context as an interpretive aid. The paper concludes that the omission of "context from section 5(1) has not altered the courts' principled approach to matters of interpretation, and it demonstrates that consideration of external context is an essential corollary to the purposive approach to statutory interpretation mandated by Parliament for over 100 years. I INTRODUCTION Statutory interpretation was at the heart of the case described by the late Lord Cooke of Thorndon1 "[as] perhaps as important for the future of our country as any that has come before a New Zealand Court".2 New Zealand has placed heavy reliance on statute law since the country was first settled as a British colony.3 That early preference for statute law, accompanied by close attention to statutory construction and scheme, permeates much of New Zealand's legal history and * Submitted as part of the LLB(Hons) programme at Victoria University of Wellington. 1 Robin Brunskill Cooke, Baron Cooke of Thorndon, 9 May 1926-30 August 2006.
    [Show full text]
  • 2016 Annual Report
    ANNUAL REPORT 2016 INTRODUCTION Andre Brönnimann with two of the subjects of his winning portrait - Ria Wihapi Waikerepuru and Te Rawanake Robinson-Coles at the opening of the Adam Portraiture Award 2016. Treasurers, first John Sladden and then Richard 2016 was a year of Tuckey, to improve the quality of our budgets and endeavour, rewarded financial control. We are all very grateful for the commitment, the good humour and fellowship that over almost all of the full David brought to our affairs. Our fellow Trustee, Mike Curtis – a Partner with Deloitte – continued as range of our activities. It Chairman of the Finance and Planning Committee. presented us with a number In December we were pleased to be able to elect two new Trustees. Dr. David Galler, a well-known of challenges, ones of intensive care specialist in Auckland, and the personnel; of gallery space; author of a recent bestselling book about his life and work, Things That Matter. David brings his of governance; and, as wide knowledge of Auckland to our deliberations, along with a strong management background and always, of funding. a life-long interest in art. Helen Kedgley, who was Director of the Pātaka Art and Museum in Porirua But I would like to start by stating my own personal pleasure and satisfaction at the excellence of last year’s exhibition programme, a view that is shared, I know, by many of you. Quite apart from their intrinsic interest, and the pleasure as well as insight that they bring, these presentations are enhancing our reputation nationally and leading to increased cooperation with galleries and collectors both in this country and overseas.
    [Show full text]
  • Public Defence Service an Important Influence on Criminal Law Practice
    ISSUE 933 · OCTOBER 2019 Public Defence Service An important influence on criminal law practice Reflections on a Pro bono legal Red flags! Is your US lawyers, ground –breaking services support law office as judges and Feminist Moot Canterbury healthy as you civil rights Muslim think? community Page 19 Page 42 Page 51 Page 72 Need Research? Use us as your legal research provider The NZLS Library, legal research and document delivery service is fast, e cient and thorough. With our extensive resources we can provide comprehensive cost-e ective searches of case law and commentary both in New Zealand and internationally. FOR MORE INFORMATION ABOUT OUR SERVICES: www.lawsociety.org.nz/law-library AUCKLAND [email protected] 304 1020 WELLINGTON [email protected] 473 6202 CANTERBURY [email protected] 377 1852 Photo by Sippanont Samchai Sippanont CC-By-NC-ND by Photo A BEQUEST TO THOSE WHO NEED IT MOST A Bequest to the Society of St Vincent The Society is a Catholic organisation de Paul is a lasting way to help the which recently celebrated 150 years most disadvantaged and needy in of compassion and service to the our community. people of New Zealand. Your Bequest will ensure the Society’s We have a nationwide network of vital work of charity and justice workers and helpers who provide continues to thrive. practical assistance every day to people in desperate situations. Help is offered Be assured it will make a huge to all, regardless of origin, cultural difference where the need is greatest. background or religious belief.
    [Show full text]
  • Yearbook of New Zealand Jurisprudence
    Yearbook of New Zealand Jurisprudence Editor Dr Richard A Benton Editor: Dr Richard Benton The Yearbook of New Zealand Jurisprudence is published annually by the University of Waikato, Te Piringa – Faculty of Law. Subscription to the Yearbook costs NZ$40 (incl gst) per year in New Zealand and US$45 (including postage) overseas. Advertising space is available at a cost of NZ$200 for a full page and NZ$100 for a half page. Communications should be addressed to: The Editor Yearbook of New Zealand Jurisprudence School of Law The University of Waikato Private Bag 3105 Hamilton 3240 New Zealand North American readers should obtain subscriptions directly from the North American agents: Gaunt Inc Gaunt Building 3011 Gulf Drive Holmes Beach, Florida 34217-2199 Telephone: 941-778-5211, Fax: 941-778-5252, Email: [email protected] This issue may be cited as (2010) Vol 13 Yearbook of New Zealand Jurisprudence. All rights reserved ©. Apart from any fair dealing for the purpose of private study, research, criticism or review, as permitted under the Copyright Act 1994, no part may be reproduced by any process without permission of the publisher. ISSN No. 1174-4243 Yearbook of New ZealaNd JurisprudeNce Volume 13 2010 Contents foreword The Hon Sir Anand Satyanand i preface – of The Hon Justice Sir David Baragwanath v editor’s iNtroductioN ix Dr Alex Frame, Wayne Rumbles and Dr Richard Benton 1 Dr Alex Frame 20 Wayne Rumbles 29 Dr Richard A Benton 38 Professor John Farrar 51 Helen Aikman QC 66 certaiNtY Dr Tamasailau Suaalii-Sauni 70 Dr Claire Slatter 89 Melody Kapilialoha MacKenzie 112 The Hon Justice Sir Edward Taihakurei Durie 152 Robert Joseph 160 a uNitarY state The Hon Justice Paul Heath 194 Dr Grant Young 213 The Hon Deputy Chief Judge Caren Fox 224 Dr Guy Powles 238 Notes oN coNtributors 254 foreword 1 University, Distinguished Guests, Ladies and Gentlemen, I greet you in the Niuean, Tokelauan and Sign Language.
    [Show full text]
  • High Court of New Zealand Decisions
    3/6/2020 Smith v Fonterra Co-Operative Group Limited [2020] NZHC 419 (6 March 2020) Home | Databases | WorldLII | Search | Feedback High Court of New Zealand Decisions You are here: NZLII >> Databases >> High Court of New Zealand Decisions >> 2020 >> [2020] NZHC 419 Database Search | Name Search | Recent Decisions | Noteup | LawCite | Download | Help Smith v Fonterra Co-Operative Group Limited [2020] NZHC 419 (6 March 2020) Last Updated: 6 March 2020 IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE CIV-2019-404-001730 [2020] NZHC 419 BETWEEN MICHAEL JOHN SMITH Plaintiff AND FONTERRA CO-OPERATIVE GROUP LIMITED First Defendant GENESIS ENERGY LIMITED Second Defendant DAIRY HOLDINGS LIMITED Third Defendant /Contd... Hearing: 3-4 February 2020 Appearances: D Salmon and D Bullock for Plaintiff D Kalderimis and N Swan for First Defendant S J P Ladd and B A Keown for Second Defendant J M Appleyard and A Hill for Third Defendant D T Broadmore and A N Birkinshaw for Fourth Defendant T Smith and A Lampitt for Fifth Defendant A J Horne and O K Brown for Sixth Defendant R J Gordon and A M B Leggat for Seventh Defendant Judgment: 6 March 2020 RESERVED JUDGMENT OF WYLIE J www.nzlii.org/nz/cases/NZHC/2020/419.html 1/28 3/6/2020 Smith v Fonterra Co-Operative Group Limited [2020] NZHC 419 (6 March 2020) This judgment was delivered by Justice Wylie On 6 March 2020 at 11.30 am Pursuant to r 11.5 of the High Court Rules Registrar/Deputy Registrar Date:.............................
    [Show full text]
  • PASSING the TORCH New Zealand’S New Chief Justice and Law Society President
    ISSUE 927 · APRIL 2019 PASSING THE TORCH New Zealand’s new Chief Justice and Law Society President The The Harmful Digital A rare honour: Government's Viagogo Communications Queen's lawman: David case Counsel in Parker, Attorney New Zealand General Page 35 Page 42 Page 46 Page 72 You can count on us. M2 protected with area replacement cover: * 8 4 2 9 7 4 0 8,429,740. That’s the square Talk to us about our house, meterage of buildings that MAS contents and car insurance Members have covered by our Area Replacement house insurance today by calling 0800 800 627 option, without having to worry or visit mas.co.nz about getting the cost to rebuild their house wrong. *Count based on recorded policy data as at 30 Sept 2017. Please see the full policy wordings which are available at All they need to do is to tell us how mas.co.nz or by calling 0800 800 627. big the house is and to count on us MAS is a Qualifying Financial Entity (QFE) under the Financial Advisers Act 2008. Our QFE disclosure statement to look after the rest. is available at mas.co.nz or by calling 0800 800 627. Meet your new CDD partner Evaluate. Secure. Guard. For local and global protection, talk to the people that live and breathe trade marks. zone law intellectual property and business law First AML is more than just a third evaluate party service. Understanding your secure zone ip guard business and your customers, we’re the right partner for your Customer FIRST Due Diligence requirements.FIRST FIRST FIRST FIRST AML FIRSTAML.CO.NZ AML WGTN +64 4 801 5040 I AKL +64AML 9 352
    [Show full text]
  • Accessing New Zealand's Civil Courts As a Litigant in Person
    University of Otago Faculty of Law Keeping Up Appearances: Accessing New Zealand’s Civil Courts as a Litigant in Person Bridgette Toy-Cronin A thesis submitted for the degree of Doctor of Philosophy 31 July 2015 Abstract It is commonly believed that more and more people are going to court without a lawyer, both in New Zealand and in other common law jurisdictions. The right to appear in court in person is essential to the legitimacy of the courts. That legitimacy would be harmed if the courts were only accessible to those with the means to pay for legal representation. When litigants take up their right to appear in person, they encounter a system primarily designed for lawyers, however. So they confront a fundamental contradiction: the courts must appear to be accessible to litigants but they cannot grant too much access or they will be choked by the demand. Furthermore, the right of access in person lacks substance in many cases, because the system cannot easily be navigated without a lawyer. Using several qualitative methods including interviews, document review and participant observation, this thesis asks, first, why are litigants going to New Zealand’s civil courts without a lawyer? Second, what is their experience of litigating in person? Third, how do the inhabitants of the court system – the judges, lawyers and court staff – perceive litigants in person and respond to them? The research participants included litigants in person (LiPs) (34), court staff (8), lawyers (16) and judges (13), so that their different perspectives could be considered. The study began with a detailed exploration of the perspectives of LiPs, who participated either in interviews or via a case study.
    [Show full text]
  • Waikato Law Review Taumauri Volume 19, 2011
    WAIKATO LAW REVIEW TAUMAURI VOLUME 19, 2011 Fundamentals: A Constitutional Conversation 1 Chief Justice Sian Elias The Evolution from Form to Substance in Tax Law: The Demise of the Dysfunctional “Metwand” 17 E W Thomas Liberty and Justice in the Face of Terrorist Threats to Society 61 Sir David Baragwanath The Architecture of Elections in New Zealand: A Governor-General’s Perspective 79 Rt Hon Sir Anand Satyanand, GNZM, QSO Lawyers and Unpopular Clients 90 The Hon Christopher Finlayson Bonkers and Ors v The Police: Judgment of Athena J in the High Court 94 E W Thomas How International Law Has Influenced the National Policy and Law Related to Indigenous Peoples in the Arctic 123 Timo Koivurova and Adam Stepien The Future of Environmental Law 144 David J Round The Purpose of Substantially Lessening Competition: The Divergence of New Zealand and Australian Law 168 Paul G Scott Justice Baragwanath: A Student’s Tribute 194 Max Harris Developments in New Zealand Jurisprudence 203 Professor Margaret Wilson What About the Wa¯hine? Can an Alternative Sentencing Practice Reduce the Rate that Ma¯ori Women Fill Our Prisons? An Argument for the Implementation of Indigenous Sentencing Courts in New Zealand 206 Gregory Burt Book Review: The New Lawyer: How Settlement is Transforming the Practice of Law 219 Les Arthur Book Review: Judicial Recusal – Principles, Process and Problems 226 Morné Olivier Book Review: Seeing the World Whole – Essays in Honour of Sir Kenneth Keith 232 Myra Williamson Co-Editors in Chief Juliet Chevalier-Watts and Associate Professor Kate Diesfeld Editor, New Zealand Jurisprudence Professor Margaret Wilson Editor, Mäori/Indigenous Submissions Robert Joseph Editor, Student Submissions Gay Morgan Editor, Book Reviews Joel Manyam Editorial Support Janine Pickering Student Editors Erika Roberson and Amelda Schrenk EDITORIAL ADVISORY BOARD Chief Justice, The Honourable Dame Sian Elias (honorary member), Chief Justice of New Zealand.
    [Show full text]
  • New Zealand Law Society 1869-2019
    A Changing Profession NEW ZEALAND LAW SOCIETY 1869-2019 BY GEOFF ADLAM 18 LAWTALK 932 · SEPTEMBER 2019 NEW ZEALAND LAW SOCIETY ◂ Portrait of Sir James Prendergast, ca 1890–1900 Ref: 1/2-031752-F. Alexander Turnbull Library, Wellington, New Zealand On 20 November the New Zealand Law Society Act 1869 Amendment Act 1877 makes it lawful for Law Society members to form a district law society in any Supreme Court district and to elect a Council. The New Zealand Jurist says the number of legal prac- titioners in New Zealand is 225. 1869 1870 1875 1876 1877 On 19 February by warrant James Prendergast is the Governor appoints a appointed Chief Justice. As 12-man Council with James far as can be determined, Prendergast, Attorney- no successor as President General, as President. was appointed. On 3 September Parliament passes the New Zealand Law Society’s Act 1869, for all bar- risters and solicitors of the Supreme Court lawfully practising within the Colony of New Zealand to “for ever hereafter be and be called one body politic and corporate in deed and in law by the name of style of ‘The New Zealand Law Society’.” The New Zealand Law Society is the second lawyers’ organisation to come into exist- ▸ New Zealand Law ence. On 16 October 1868 the Canterbury Society’s Act 1869 District Law Society was established at a New Zealand Acts As meeting in Christchurch. Enacted, NZLII 19 NEW ZEALAND LAW SOCIETY SEPTEMBER 2019 · LAWTALK 932 ◂ Sir Āpirana Ngata, photographed in 1910 by Herman John Schmidt Ref: 1/1-001566-G.
    [Show full text]
  • A Conference to Mark the Retirement of the Chief Justice
    A CONFERENCE TO MARK THE RETIREMENT OF THE CHIEF JUSTICE Thursday 31 January, Friday 1 February 2019 Fisher & Paykel Auditorium, Symonds St, Auckland The Legal Research Foundation, supported by the the Chief Justice’s career. We are holding a Law Foundation, is pleased to invite you to take unique two-day conference featuring a faculty part in a conference to mark the retirement of the of prominent international and national speakers. Chief Justice of New Zealand. It will open with a pōwhiri at Waipapa Marae (University of Auckland) at 4pm on Wednesday, This important event is the principal opportunity 30 January 2019 and will close with a dinner on for the New Zealand legal profession to honour Friday, 1 February 2019 at the Auckland Museum. Featuring a distinguished faculty of national and international speakers including: Justice Professor Stuart Manuel Cepeda Chief Justice Dame Judge Nancy Rosalie Abella Banner Espinosa Sian Elias Gertner Chief Justice Sir Anthony Mason Kate O’Regan Professor Cheryl Professor Jeremy Susan Kiefel Saunders Waldron The conference includes the following main themes: • Common Law Constitutionalism • Topics in Private Law • Law and Power on the Frontier • Where to for Indigenous Rights • The Supervisory Jurisdiction and and Reconciliation? Administrative Justice • Criminal Law • Environmental Justice and • Human Rights Climate Change • Judging For more information and to register: www.legalresearch.org.nz/events | [email protected] | (09) 923 6035 The Legal Research Foundation is grateful for the
    [Show full text]
  • The Wheels of Justice: Understanding the Pace of Civil High Court Cases
    The Wheels of Justice: Understanding the Pace of Civil High Court Cases Bridgette Toy-Cronin, Bridget Irvine, A report of the University of Otago Legal Issues Centre Kayla Stewart and Mark Henaghan with support from the New Zealand Law Foundation ISBN 978-0-473-41311-8 Executive Summary Delays in the court process are a key obstacle in accessing justice. Delay creates costs; not only in the loss of time but also financial and psychological costs. These costs are borne by the litigants, the economy, and the public purse. This is the first major New Zealand study to investigate the pace of High Court civil cases and to examine if, and where, delays might occur. In this report, we look at both the overall length of cases, and we focus on various points in the life of a case where delay might occur. We have used mixed methods to study these issues: a quantitative analysis of data provided by the Ministry of Justice, an analysis of physical court files, and interviews with lawyers, judges, court staff, and litigants. Determining the overall length of a case is a more complex task than it appears on its face, particularly as there are limitations to the data recorded by the Ministry of Justice. Where possible, we have used our analysis of the physical court files to overcome these limitations and evaluate case length. On average, a case filed in the High Court will conclude within 191.5 days. General proceedings, one of the types of civil proceedings heard by the High Court, frequently exceeded the average case length, taking an average of 381 days to conclude.
    [Show full text]