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A YEAR in Review 2009 Welcome to Another Edition of V.Alum
FACULTY OF LAW A YEAR IN REVIEW 2009 Welcome to another edition of V.Alum. The handsome clock pictured on the cover of this publication adorns the apex of Old Government Building, where Victoria’s Law School is situated. It reminds us all “Tempus Fugit” and as another year finishes there could be nothing more apposite. What a year it has been. We held a celebration for Richard Boast’s success at the Montana Book Awards which was attended by a wonderful cross-section of people from the University and the city. The History Department, Crown Law, the Waitangi Tribunal, the Stout Research Centre – were but a few of the institutions represented. I said then that Richard’s work was further proof of the contribution that this Faculty makes not only to the law firms of the nation but also to the analysis of the fabric of history and the evolution of nation-building itself. The following pages resonate with such activities, which engage with the past, the present and the future: research on the criminal procedures surrounding trials of sexual offences case is side-by-side with an account of a conference which celebrated the 60th anniversary of the Universal Declaration of Human Rights. From the Dean From There is much to read. I hope you enjoy it and feel as proud of it as I do. Professor ATH Smith Dean, VUW Law Faculty © Victoria University of Wellington December 2009 AT VICtoRIA’S Law SCHOOL you are surrounded by lions. LIONS ARE A SYMBOL OF LEADERSHIP, Faculty of Law Victoria University of Wellington justice, dignity, courage and wisdom and are PO Box 600, Wellington 6140 represented in the imagery and culture of the New Zealand Crown, the city and the University. -
MAKING MAORI AD 1000-1200 1642 1769 ENTER EUROPE 1772 1790S
© Lonely Planet Publications 30 lonelyplanet.com HISTORY •• Enter Europe 31 THE MORIORI & THEIR MYTH History James Belich One of NZ’s most persistent legends is that Maori found mainland NZ already occupied by a more peaceful and racially distinct Melanesian people, known as the Moriori, whom they exterminated. New Zealand’s history is not long, but it is fast. In less than a thousand One of NZ’s foremost This myth has been regularly debunked by scholars since the 1920s, but somehow hangs on. years these islands have produced two new peoples: the Polynesian Maori To complicate matters, there were real ‘Moriori’, and Maori did treat them badly. The real modern historians, James and European New Zealanders. The latter are often known by their Maori Belich has written a Moriori were the people of the Chatham Islands, a windswept group about 900km east of the name, ‘Pakeha’ (though not all like the term). NZ shares some of its history mainland. They were, however, fully Polynesian, and descended from Maori – ‘Moriori’ was their number of books on NZ with the rest of Polynesia, and with other European settler societies, but history and hosted the version of the same word. Mainland Maori arrived in the Chathams in 1835, as a spin-off of the has unique features as well. It is the similarities that make the differences so Musket Wars, killing some Moriori and enslaving the rest (see the boxed text, p686 ). But they TV documentary series interesting, and vice versa. NZ Wars. did not exterminate them. The mainland Moriori remain a myth. -
The Case That Stopped the Coup? the Rule of Law in Fiji
1 THE CASE THAT STOPPED A COUP? THE RULE OF LAW IN FIJI George Williams Anthony Mason Professor and Director Gilbert + Tobin Centre of Public Law Faculty of Law University of New South Wales THIS IS A TRANSCRIPT OF THE 2003 QUENTIN-BAXTER MEMORIAL TRUST LECTURE DELIVERED AT THE LAW SCHOOL OF VICTORIA UNIVERSITY OF WELLINGTON ON 27 NOVEMBER 2003. 2 I INTRODUCTION∗ I appreciate the privilege of addressing you today. As a scholar at Victoria University of Wellington, Professor Quentin-Baxter recognised something that is only becoming fully apparent today. That is the idea, reflected in his own academic work and public service, that it is not only possible, but necessary to bridge the divide that is often imagined between the fields of international and constitutional law. I am also delighted to be giving this lecture because it deals with a subject to which Mrs Alison Quentin- Baxter, as a constitutional and international lawyer, has made a distinguished contribution. That subject is the development of legal institutions and the strengthening of the rule of law in the Pacific. Mrs Quentin-Baxter was Counsel assisting the Fiji Constitution Review Committee that was instrumental in drafting Fiji’s multi-racial 1997 Constitution.1 My lecture today concerns that Constitution and the events that overtook it. On 29 May 2000, the Commander of the Fiji Military Forces issued a decree abrogating the 1997 Fijian Constitution. Nine months later on 1 March 2001, the Court of Appeal of Fiji held in Republic of Fiji v Prasad2 that the 1997 Constitution remains in force as the supreme law of Fiji. -
Welcoming the Gender Equitable Engagement and Instruction Policy Jenny Cooper QC and Gretta Schumacher *
Welcoming the Gender Equitable Engagement and Instruction Policy Jenny Cooper QC and Gretta Schumacher * In 2018, women constitute the majority of practising lawyers, and yet represent fewer than 35% of law firm directors, fewer than 24% of partners in law firms, and only 18.7% of QCs. Can the recently launched Gender Equitable Engagement and Instruction Policy address these woeful figures? A global conversation about gender issues has ranks of QCs, these are clearly positions which been sparked in the last 12 months by the #metoo provide higher levels of status and influence within and #timesup movements. As that conversation the profession. In particular, law firm partners and has reached the legal profession, it’s clear that leaders at the bar play a key role in defining the sexual discrimination, including both conscious values and culture of our profession. The under- and unconscious bias, still affects women in representation of women in these leadership roles the law. Nine years after the New Zealand Bar matters. Association (NZBA) first launched an Equitable Briefing Policy in 2009 it still feels as though there Happily, there is reason for optimism. In is a long way to go to achieve the goal of gender December last year, the NZBA and the New equity. Zealand Law Society jointly launched the Gender Equitable Engagement and Instruction In 2018, women constitute the majority (just) of Policy. The Policy includes a specific target for practising lawyers. But despite this, women still at least 30% of lead roles in court proceedings, make up fewer than 35% of law firm directors, arbitral proceedings and major regulatory fewer than 24% of partners in law firms, and investigations to go to women barristers or only 18.7% of Queen's Counsel. -
June 2004 Page 2
Chief Justice of the OECS Sir Dennis The International Criminal Tri- Byron, President of CJEI (Fellow bunal for Rwanda was appointed by 1997), left St. Lucia on June 7, 2004 the United Nations to try cases of to take up an appointment as a Per- genocide in the African country. The manent Judge of the International Tribunal issued its first indictment in Criminal Tribunal for Rwanda, November 1995. Since then, it has which operates from Arusha, Tanza- made steady progress towards the nia. fulfillment of its mandate and has In 1990, Sir Dennis was ap- made a notable contribution to the pointed to the Court of Appeal of the development of international crimi- Eastern Caribbean Supreme Court. nal justice. Before that he served as a High Those convicted included Jean Court Judge of the Eastern Caribbean Kambanda, the Prime Minister of Supreme Court in Antigua, Montser- Rwanda during the genocide, who rat, Dominica and St. Lucia from became the first Head of Govern- 1982. Sir Dennis was acting Chief ment to be indicted and convicted Justice of the Supreme Court of CJEI President Honourable Chief of genocide. Fourteen Ministers of Grenada in 1986 and presided over Justice Sir Dennis Byron the 1994 Interim Government in the Maurice Bishop murder trial. Rwanda are also in the Tribunal’s In the past decade, Sir Dennis’ career has at- custody as well as senior military commanders, tracted international recognition. He was a mem- high-ranking central and regional government offi- ber of a team of prominent jurists selected by the cials, prominent businessmen, church leaders, International Bar Association to investigate and journalists, intellectuals and other influential fig- report on issues affecting the independence of the ures. -
Here We Come 14
“For anyone who is interested in looking beyond the names, the dates, the half-truths and the mythologies and entering the realm of rugby’s place in our history, this is a must read.” — Chris Laidlaw Rugby is New Zealand’s national sport. From the grand tour by the 1888 Natives to the upcoming 2015 World Cup, from games in the North African desert in World War II to matches behind barbed wire during the 1981 Springbok tour, from grassroots club rugby to heaving crowds outside Eden Park, Lancaster Park, Athletic Park or Carisbrook, New Zealanders have made rugby their game. In this book, historian and former journalist Ron Palenski tells the full story of rugby in New Zealand for the first time. It is a story of how the game travelled from England and settled in the colony, how Ma¯ori and later Pacific players made rugby their own, how battles over amateurism and apartheid threatened the sport, how national teams, provinces and local clubs shaped it. But above all it is a story of wing forwards and fullbacks, of Don Clarke and Jonah Lomu, of the Log of Wood and Charlie Saxton’s ABC, of supporters in the grandstand and crackling radios at 2 a.m. Ron Palenski is an author and historian and among the most recognised authorities on the history of sport, and especially rugby, in New Zealand. He has written numerous books, among them an academic study, The Making of New Zealanders, that placed rugby firmly as a marker in national identity. Contents Acknowledgements 9. -
From Chronology to Confessional: New Zealand Sporting Biographies in Transition
From Chronology to Confessional: New Zealand Sporting Biographies in Transition GEOFF WATSON Abstract Formerly rather uniform in pattern, sporting biographies have evolved significantly since the 1970s, becoming much more open in their criticism of teammates and administrators as well as being more revealing of their subject’s private lives. This article identifies three transitional phases in the genre; a chronological era, extending from the early twentieth century until the 1960s; an indirectly confessional phase between the 1970s and mid 1980s and an openly confessional phase from the mid-1980s. Despite these changes, sporting biographies continue to reinforce the dominant narratives around sport in New Zealand. New Zealand sporting biographies have a mixed reputation in literary and scholarly circles. Often denigrated for their allegedly formulaic style, they have also been criticised for their lack of insight into New Zealand society.1 Representative of this critique is Lloyd Jones, who wrote in 1999, “sport hardly earns a mention in our wider literature, and … the rest of society is rarely, if ever, admitted to our sports literature.”2 This article examines this perspective, arguing that sporting biographies afford a valuable insight into New Zealand’s changing self- image and values. Moreover, it will be argued that the nature of sporting biographies themselves has changed significantly since the 1980s and that they have become much more open in their discussion of teammates and the personal lives of their subjects. Whatever one’s perspective on the literary merits of sporting biographies, their popular appeal is undeniable. Whereas the print run of most scholarly texts in New Zealand is at best a few thousand, sporting biographies consistently sell in the tens of thousands. -
The South Pacific Judicial Conference Was Formulated in September 1970 by Chief Justice Crothers of the High Court of American Samoa
279 PROVIDING SUPPORT FOR INDEPENDENT JUDICIARIES AND CONSTITUTIONAL GOVERNMENTS Jon M Van Dyke* Since 1972, Chief Justices from Pacific island communities have met biennially at the Pacific Judicial Conference. These meetings have played a significant part in reinforcing the commitment to independent judiciaries and constitutional governments in the Pacific. This article describes the issues addressed by the meetings as well as the accomplishments of the Conference. It also highlights issues that still require attention. Les chefs de Cours du Pacifique se sont rencontrés de manière régulière depuis 1972 dans le cadre des Conférences Judiciaires du Pacifique. Ces rencontres ont joué un rôle important dans le renforcement de l’indépendance du pouvoir judiciaire et ont assuré la promotion de l’instauration de gouvernements démocratiques dans le Pacifique Sud. Cet article dresse le bilan des problématiques traitées lors de ces réunions et des résultats obtenus. I INTRODUCTION The first South Pacific Judicial Conference took place in Samoa in 1972, as a result of the ingenuity and perseverance of Donald C Crothers (Chief Justice of the High Court of American Samoa from 1968 to 1972), Barrie C Spring (Chief Justice of the Supreme Court of Western Samoa from 1966 to 1972), and Richard H Chambers (Judge of the US Court of Appeals for the Ninth Circuit from 1959 to 1994). Since then, the chief justices of the Pacific Island communities have met about every two years, and these meetings have played an important role in * Professor of Law, University of Hawaii. This paper has been written with the assistance of Jacquelyn Tryon Esser and Terrence Thornburgh, Class of 2009, William S. -
PNGCJE Updates - Special Edition Newsletter - May 2021
PNGCJE Updates - Special Edition Newsletter - May 2021 PNGCJE Updates Special Edition Newsletter 2021 PAPUA NEW GUINEA CENTRE FOR JUDICIAL EXCELLENCE 25 May 2021 An interview with the Chief Justice of Papua New Guinea Honourable Sir Gibuma Gibbs Salika, GCL, KBE, CSM, OBE PNGCJE Updates - Special Edition Newsletter - May 2021 Special Edition. May 2021 Copyright©2021 by Papua New Guinea Centre for Judicial Excellence All rights reserved. No part of this document may be reproduced in any form or by any electronic or mechanical means— except in the case of brief quotations embodied in articles/reports—without the written permission from its publisher. Visit us at http://pngcje.gov.pg Printed in Papua New Guinea. Also available in E-copy on http://pngcje.gov.pg 2 PNGCJE Updates - Special Edition Newsletter - May 2021 CONTENTS Abbreviations 4 Foreword 5 Editor’s Note 6 An Interview with the Honourable Chief Justice Sir Gibuma Gibbs Salika, GCL, KBE, CSM, OBE 7 - 8 An Interview with the Honourable Deputy Chief Justice Ambeng Kandakasi, CBE 9 - 11 An Interview with the Supreme and National Court Registrar Mr Ian Augerea 12 - 13 An Interview with the National Judicial Staff Service Secretary Mr Jack Kariko 14 - 15 Progressive Developments of PNGCJE in Pictures 16 - 20 About Us 21 3 PNGCJE Updates - Special Edition Newsletter - May 2021 ABBREVIATIONS ADR - Alternative Dispute Resolution AIJA - Australian Institute of Judicial Administration CBE - Commander of the Most Excellent Order of the British Empire CDS - Court Docketing System CJ - Chief -
Francia Es Finalista
32 REVISTA DEPORTIVA RUGBY La Plata, lunes 1º de noviembre de 1999 Francia es finalista El seleccionado galo sorprendió al mundo y se clasificó por segunda vez en la historia para el cotejo decisivo de un Mundial, al vencer al candidato Nueva Zelanda por 43 a 31 Festejo. Los jugadores de Francia se unen en un conmovedor abrazo tras la histórica victoria ante los All Blacks El seleccionado de Francia dio Francia justificó la victoria ante para que la victoria comenzara a la gran sorpresa del Mundial al quien era, a priori, el gran can- dibujarse. N. ZELANDA FRANCIA derrotar ayer a Nueva Zelanda didato para acceder al cotejo A partir de allí, Nueva Zelanda por 43 - 31. decisivo. fue todo desconcierto e inca- De esta manera el equipo ga- Con una enorme dosis de pa- pacidad, tanto defensiva como lo se clasificó, por segunda vez ciencia y confianza en sí mis- ofensiva. en la historia, para jugar la final mos, los jugadores franceses se Por eso, no extranó ver a del certamen ante Australia, que impusieron al final tras una pri- Francia mucho más entero y de- se disputará el próximo sábado mera mitad en la que los terri- cidido a aprovechar cada error a las 12 -hora argentina- en el bles embates de esa máquina del rival. 31 43 Millennium Stadium de Cardiff, llamada Jonah Lomu, fueron la Los All Blacks continuaron con Jeff Wilson 15 Xavier Garbajosa Gales. única llave que mostraron los la idea de utilizar a Lomu, pero Tana Umaga 14 Philippe Bernat-Salles Desde la lógica que impera hombre de negro para llegar al las energías del gigante no eran Christian Cullen 13 Richard Dourthe generalmente en el rugby, try. -
RM Directory 2021
2021 www.rmla.org.nz The Professional Directory for New Zealand’s Resource Management Practitioners Contents Cato Bolam Barristers and Solicitors 4 Cheal Consultants Ltd Anderson Lloyd Development Nous Berry Simons Mitchell Daysh Cooney Lees Morgan Planning Initiatives CR Law – Cooper Rapley Lawyers Traverse Environmental Ltd Conservation Architects 7 Planning, Engineering & Environmental 12 archifact – architecture + conservation ltd Consultants Stantec Landscape Architects / Planners 8 Harrison Grierson Traffic Engineers Abley 13 Planners 9 Bloxam Burnett & Olliver Ltd RMLA Members Brown & Company Planning Group (as at 9 February 2021) 14 2 Resource Management Directory of Professional Services Introduction With over 1000 members, the Association for Our weekly, digital RMLA News Brief provides a Resource Management Professionals, Te Kahui Ture snapshot of the week’s resource management-related Taiao (RMLA) is a thriving national multi-disciplinary news, as well as RMLA news, such as President’s notes organisation representing over 567 companies across and Members’ news, and a round-up of RMLA and 27 industry sectors. industry events. The Association’s objective is to promote an RMLA’s flagship publication, Resource Management understanding of New Zealand’s resource management Theory & Practice, is published annually and is a law and its implementation within a multi-disciplinary vehicle to provide for in-depth analysis of resource framework; excellence in resource management policy management issues relevant to New Zealand. and practice; and resource management processes that are legally sound, effective and efficient, and The Resource Management Directory of Professional which produce high quality environmental outcomes. Services enables members to promote their businesses in a specialist directory available free-of-charge to Relevant to lawyers, planners, environmental the public. -
Points of Information VOLUME 1
Points of Information VOLUME 1 Welcome to the first edition of Points of Information, the newsletter for alumni of the New Zealand Schools Debating Champs. This is the first of HOW TO JOIN four newsletters that will be published in 2010. Membership for a year is only $50 The purpose of the newsletter is to keep alumni up to date with what is for those in paid employment and $20 for students. happening in New Zealand schools debating, as well as publish news about what schools debating alumni are up to all around the world. The easiest way to pay is using a credit card via PayMate, an online The newsletter is published by the Friends of New Zealand Schools payment system. Your credit card details are protected by industry Debating Trust, which was formed to help alumni stay connected to standard SSL encryption, and are schools debating in New Zealand, organise events, and solicit financial never passed on to us or any other support for debating. party. Simply head to The Trust was formed in 2008 when the Council celebrated twenty years www.debating.org.nz/alumni and of organising regional and national debating tournaments. follow the link! In this issue: Alternatively, you can deposit $50 or $20 into the following bank account: • About the Friends of NZ Schools • Alumni News 03-0502-0637829-00 and send an email to [email protected] to Debating Trust – how to join and let us know you’ve joined. profiles of the trustees • Editorial The Friends of NZSDC Trust is a • Qatar Worlds – • How will Friends of New Zealand Registered Charity (CC42751) so how did New Zealand do? Schools Debating Trust money be your contribution is tax-deductible in spent? New Zealand.