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The Problems Caused by Extrajudicial Speech and Writing
453 COURTING CONTROVERSY: THE PROBLEMS CAUSED BY EXTRAJUDICIAL SPEECH AND WRITING Jasmin Moran* This article explores the problems for judicial impartiality that a judge's extrajudicial speaking or writing on legal matters may create. Examples from New Zealand and abroad demonstrate such extrajudicial commentary may lead to a finding of apparent bias or require that a judge recuse him or herself from hearing a case. The current regulation of extrajudicial speech, as ascertained from judicial conduct codes and case law, provides that judges can speak and write extrajudicially but must exercise caution in the tone and language they use. The article concludes that this is an appropriate approach and that the alternative of judicial silence is undesirable. I INTRODUCTION In 2012, when Judge David Harvey spoke at the NetHui conference on internet law months before he was due to hear Kim Dotcom's extradition hearing, no one expressed concern. This is largely because the practice of judges writing or speaking extrajudicially is common in New Zealand and seen as largely innocuous. However, when, in the course of his speech, Judge Harvey joked that the United States was the "enemy", it led to a media furore. In those circumstances, the Judge chose to recuse himself from hearing the case. This example demonstrates that extrajudicial commentary, while it may appear benign, can have serious consequences. Specifically, such commentary may be the basis of a determination that a judge is biased or may necessitate recusal. The purpose of this article is to explore this problem. As background to the issue, Part II discusses the concept of judicial impartiality and why it is demanded. -
NEW ZEALAND JOURNAL of PUBLIC and INTERNATIONAL LAW VOL NO 3 Dec 11 INTERNATIONAL and of PUBLIC JOURNAL ZEALAND NEW Te Wānanga O Ngā Kaupapa Ture Ā Iwi O Aotearoa
NEW ZEALAND CENTRE FOR PUBLIC LAW NEW ZEALAND JOURNAL PUBLIC OF AND INTERNATIONAL 11 3 NO VOL LAW Te Wānanga o ngā Kaupapa Ture ā Iwi o Aotearoa NZCPL OCCASIONAL PAPERS New Zealand Journal of 1 Workways of the United States Supreme Court Justice Ruth Bader Ginsburg 2 The Role of the New Zealand Law Commission Public and International Law Justice David Baragwanath 3 Legislature v Executive – The Struggle Continues: Observations on the Work of the Regulations Review Committee Hon Doug Kidd 4 The Maori Land Court – A Separate Legal System? Chief Judge Joe Williams 5 The Role of the Secretary of the Cabinet – The View from the Beehive Marie Shroff 6 The Role of the Governor-General Dame Silvia Cartwright 7 Final Appeal Courts: Some Comparisons Lord Cooke of Thorndon 8 Pariamentary Scrutiny of Legislation under the Human Rights Act 1998 Anthony Lester QC 9 Terrorism Legislation and the Human Rights Act 1998 Anthony Lester QC 10 2002: A Justice Odyssey Kim Economides 11 Tradition and Innovation in a Law Reform Agency Hon J Bruce Robertson 12 Democracy Through Law VOLUME 11 ▪ NUMBER 3 ▪ DECEMBER 2013 Lord Steyn 13 Hong Kong’s Legal System: The Court of Final Appeal Hon Mr Justice Bokhary PJ 14 Establishing the Ground Rules of International Law: Where To from Here? THIS ISSUE INCLUDES CONTRIBUTIONS BY: Bill Mansfield 15 The Case that Stopped a Coup? The Rule of Law in Fiji Carlos Bernal Pulido Matthew Groves George Williams Tim Cochrane John Parnell 17 The Official Information Act 1982: A Window on Government or Curtains Drawn? Amy Dixon Ella -
Courting Controversy: Judges and the Problems Caused by Extrajudicial Speech
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by ResearchArchive at Victoria University of Wellington JASMIN MORAN COURTING CONTROVERSY: JUDGES AND THE PROBLEMS CAUSED BY EXTRAJUDICIAL SPEECH LLM RESEARCH PAPER LAWS 522: THE JUDICIARY FACULTY OF LAW 2014 2 Contents ABSTRACT............................................................................................................... 4 I INTRODUCTION ...................................................................................... 5 II JUDICIAL IMPARTIALITY .................................................................... 6 A What is Impartiality? .................................................................................... 6 B Why is Impartiality Required? ...................................................................... 7 C The Law Relating to Bias ............................................................................. 8 1 Bias ............................................................................................... 8 2 Recusal .......................................................................................... 9 III EXTRAJUDICIAL SPEECH: CANVASSING THE PROBLEM .......... 10 A The Different Types of Extrajudicial Speech ............................................... 10 B The Issues Raised by Extrajudicial Speech .................................................. 12 1 New Zealand: Judge David Harvey .............................................. 15 2 England: Timmins v Gormley ..................................................... -
A Brief History of the Review
50 Auckland University Law Review Vol 23 (2017) A Brief History of the Review † KAYLEIGH ANSELL* AND JAYDEN HOUGHTON In 2017, the Auckland University Law Review (AULR) celebrated its 50th anniversary. To commemorate this milestone, the Faculty of Law asked us to write a brief history of the Review. By delving into 50 years’ worth of Editors’ Notes, old computer files and boxes of documents (which had literally collected dust), we sought to uncover aspects of the Review’s history which might otherwise be forgotten. With a half-century’s worth of material to canvass, what follows is a necessarily brief examination of the Review’s history, development and ongoing legacy. Nevertheless, this history contains a great deal of information for anyone interested in the Review’s back-story and traditions — particularly incoming Editors and Managers who wish to take inspiration from their predecessors and understand why we do what we do. For our valued alumni and other readers, we hope this history is as interesting for you to read as it was for us to produce. I INTRODUCTION It was the Dean of the University of Auckland Law School, Professor Jack Northey, who declared that “[l]egal education in Auckland has passed * BA/LLB(Hons) student at the University of Auckland. † Rereahu Maniapoto. BA/LLB(Hons). Kaiwhakaako (Teaching Fellow) at the University of Auckland, Faculty of Law. Jayden lectures for the Land Law and Contemporary Tiriti/Treaty Issues courses. As this feature spans 50 years of history, and many names recur throughout — many whose official title changed over this period — the authors have, in places, simplified and omitted titles and other honorifics in the interests of readability and clarity. -
Eden Crescent Faculty of Law Annual 2005
Faculty of Law Annual Eden Crescent 2005 - 2006 Eden Crescent CONTENTS Message from the Dean 01 20 Legal Research Foundation Prizes First Maori with a PhD in Law 02 21 His Excellency the Hon. Anand Satyanand, the Governor-General Sir Kenneth Keith Elected to the International Court of Justice 22 Scott Optican Lectures on New Zealand Bill of Rights Law in Turkey and Kansas New Appointments and Promotions 03 Auckland University Law Review Smitten by Festschriften 08 23 Soil Conservation and Sustainable Energy in Auckland Alumnus Was a Hero in the 9/11 09 Iceland, Northern Germany and Denmark Terrorist Attacks 24 11 Professor Rick Bigwood Wins National Auckland-Michigan-Chagos Islands - A Teaching Prize Triangle But Not of the Bermuda Variety 25 Au Revoir to Janet McLean Symposium on Pakeha and the Treaty 26 Law in the Muslim World: Professor Michael Lobban: Hood Foundation 12 Thoughts from a US Critical Race Feminist Visitor 27 The Postgraduate Programme Australian Society for Legal Philosophy Conference in Auckland 28 Law School Joins The Global Classroom: Comparative Indigenous Peoples and the Professor Bill Cornish Visits the Law School 13 Law Three Distinguished Visitors with an Interest 14 29 Faculty of Law Publications and Conference in Indigenous Issues Papers Profile of Judge Andrew Becroft 36 New Books Karina Williams - Rainbow Judge - My little 16 38 Visitors and Seminars mate 40 Law Lecturers Tour New North Shore Police Three Inaugural Professorial Lectures 2005-06 17 Station The Law School Student Support Fund Alumni News 18 Jane Kelsey in Senegal, INCD conference 43 Letters from Alumni Student Successes in Skills Based Competitions 19 51 Grant Burnett Sievwright: 25 January 1970 - 27 August 2006 The Launch of the Rt Hon EW (Ted) Thomas's Prizewinning Book 20 Editor: Julia Tolmie Cover: Nin Tomas (see page 2 for story) Message from the Dean like an accreditation process. -
TE WHANAKETANGA O NGĀI TAMARĀWAHO: the Evolution of Hapū Identity
TE WHANAKETANGA O NGĀI TAMARĀWAHO: The Evolution of Hapū Identity Melissa Derby A thesis submitted to Auckland University of Technology in partial fulfilment of the requirements for the degree of Master of Arts (MA) 2016 Faculty of Te Ara Poutama MIHI Ko Tākitimu tōku waka. Ko Mauao, ko Puwhenua ōku maunga. Ko Te Awanui tōku moana. Ko Waimapu, ko Kopurererua ōku awa. Ko Ngāti Ranginui tōku iwi. Ko Ngāi Tamarāwaho tōku hapū. Tēnā koutou, tēnā koutou, tēnā koutou katoa. i ABSTRACT Many hapū and iwi in New Zealand are moving from a time dominated by a struggle to have historical grievances resulting from breaches of the Treaty of Waitangi (1840) addressed, to an era of economic development and political reconstitution. As these communities continue to evolve in response to various social and economic forces, an increased awareness within hapū and iwi relating to issues of the constitution of their identity has emerged. The purpose of this research is to examine the hapū of Ngāi Tamarāwaho, and the changing nature of its identity from the traditional (pre-colonial) era through the colonisation (colonial) era to the contemporary (post-colonial) era. Attention will be focused on the impact of the socio-historical process of colonisation on hapū identity, drawing on role theory, social identity theory and situated identity theory as a means of interpreting the construction and evolution of Ngāi Tamarāwaho identity. Consideration is given to the impact of socio-historical context on identity. The narratives of eight members of Ngāi Tamarāwaho are analysed to determine how the identity of the hapū has evolved from the traditional era to the contemporary era. -
W Aika to Law Review Taumauri
W AIKATO LAW REVIEW TAUMAURI VOLUME 12 2004 CONTENTS The Appearance ofJustice Hon Justice Anderson Specialist Courts and Tribunals Trevor Daya-Winterbottom 21 The Explosion ofNew Zealand Legal Scholarship in the 1960s Thomas Gibbons 46 Delivering a Bicultural Legal Education: Reflections on Classroom Experiences Jacquelin Mackinnon & Linda Te Aho 62 Judging in Context: Lord Wilberforce's Legacy to New Zealand Law Peter Spiller 83 The Privy Council and Native Title: A Requiem for Wi Parata John William Tate 101 Book Reviews Craig Coxhead and Jacinta Ruru 153 Editor: Professor Peter Spiller Editorial Committee: Peter Spiller, Trevor Daya-Winterbottom, Al Gillespie, Brenda Midson, Gay Morgan, Linda Te Aho and Leah Whiu. Administrative support: Kathryn Marr and Janine Pickering. The Waikato Law Review is published annually by the Waikato University School of Law. Subscription to the Review costs $20 per year (plus postage for overseas subscribers); and advertising space is available at a cost of $200 for a full page or $100 for a half page. Back numbers are available. Communications should be addressed to: The Editor Waikato Law Review School of Law Waikato University Private Bag 3105 Hamilton New Zealand North American readers should obtain subscriptions direct from the North American agents: Wm W Gaunt & Sons Inc 3011 GulfDrive Holmes Beach Florida 34217-2199 USA This issue may be cited as (2004) 12 Waikato Law Review. All rights reserved. No part of this publication may be produced or transmitted in any form or by any means electronic or mechanical, including photocopying, recording or any retrieval system, without permission from the editor.