V. A L U M 2020 Law Alumni Magazine V.ALUM 2020 V.ALUM 2020

Contents Welcome

from the Pro Vice-Chancellor and Dean of Law

Dear Alumni and Friends, lead this collaborative project, which seeks to Te Herenga Waka—Victoria University bring together Pasifika academics, students, of Wellington has been working very hard graduates, legal practitioners, and policy to address the various aspects of the makers to take coordinated action to identify COVID-19 outbreak measures since late the barriers to Pasifika in law schools and January 2020, when the virus began to recommend interventions for change. The spread across the world. Deans of the six Law Schools are supporting this venture as a collaborative group and we are Working and living through very grateful for their support. COVID-19 Academic and professional colleagues have Tikanga Māori and Law done an incredible job in the Faculty of This year we have also been exploring the role Law during what has been an undoubtedly of tikanga Māori in the law profession and the 4 LAW DURING 10 EXTENDING 14 SIR JOE BUILDS 32 FORTY YEARS extraordinary time. Everyone at our Faculty opportunity to recognise it as an integral part of our legal education. Tikanga Māori must LOCKDOWN DIVERSITY A BRIDGE THE CHARM has worked assiduously in an unprecedented kaupapa so far. Once again, I would like to thank become a foundational part of the law degree effort to keep our community safe, deliver our you for your continued support and commitment and valuing of Māori in the teaching of law is an 4 Law during lockdown 20 Law School wins big at writing 26 “Deeply rewarding” career for 36 Awards, honours and academic mission, and contribute to the fight to the Law School and especially to our students important component of this. 6 Reflections of our Associate awards law alumna Victoria Hallum appointments against COVID-19. We have reinvented how during these challenging times. Together we Since October, working with Rawinia Deans 21 The power of people 28 The accidental lawyer— 38 Published in 2020 we teach, learn and work in a rapidly evolving will continue making a meaningful difference Higgins, Deputy Vice-Chancellor (Māori), and 10 Extending diversity 22 A snapshot of 2020 Nicholas Wood 42 2021 Postgraduate course environment, and through it all, we have built to support changes in our communities—to our wonderful colleagues Māmari Stephens 30 Family ties to law school timetable new capabilities in the way we operate. educate the next generation, who will go out and 14 Sir Joe builds a bridge at 24 Environmental Law Initiative and Carwyn Jones, we have convened two do the same. inspiring Robin Cooke Lecture offers research funding for staff 31 New faces at Old Government 44 Supporters’ circle Research achievements wānanga concerning The Law Programme and The pandemic has been a defining moment 18 The End of Life Choice Act—a and students Buildings I am very glad to share with you—the Faculty Tikanga Māori to examine ways of weaving for our nation, our city and our Faculty of question for law or legislature 25 Graduating address: Fletcher 32 Forty years the charm clinched three awards at the 2019 Legal tikanga into the core courses of the law degree. Law community. I am confident that we will Boswell, Class of 2020 34 Progressing tikanga Māori in law Research Foundation Writing Awards. This is These wānanga were attended by indigenous continue to meet these trying circumstances testament to the high quality research that the members of the judiciary and legal profession, with determination, fortitude and patience and Faculty conducts. representatives of Ngā Rangahautira and staff come out stronger on the other side. from Te Kawa a Māui. This work is on ongoing and In these times of turbulence and challenge, Increasing diversity will be used to inform the New Zealand Council please stay safe and stay strong. Diversity is important in the legal profession of Legal Education processes concerning tikanga because it promotes the perception of a fair and the law degree’s core subjects. judicial system. Being a diverse profession allows Amidst this pandemic, we recognise the v.alum is published by Victoria University of Wellington’s Faculty Cover image: Pou Whenua, Mount Victoria. us to reflect the perspectives of different cultures, financial hardship that some of our students of Law. Editorial team: Image source: https://commons.wikimedia.org/wiki/ ethnicities, religions and genders to allow us to are facing. To help these students, we have Usha Nadarajan, Paul Gorman, Sarah Forster, Sarah Walker, File:Pou_Whenua_in_Mount_Victoria,_Wellington,_New_ Zealand.jpg. Background imagework includes tinting the effectively solve problems in our community. set up the Māori and Pasifika school leavers’ Mo Farrell. If you have questions, comments or suggestions, sky and extending the city lights. As part of these efforts, we have introduced Professor Mark Hickford email us at e [email protected] scholarship fund. Donations are welcome. In Image content: With permission from Wellington City a new Pasifika admissions process for entry order to assist the University, along with many Pro Vice-Chancellor and Dean of Law The views expressed in v.alum are not necessarily those of Council and Victoria University of Wellington's Deputy Victoria University of Wellington. Vice-Chancellor (Māori) Office. The pou is a carved post into second-year law courses. The Borrin other senior colleagues, I opted to devote Important notice: The University reserves the right to make any located on the summit of Matairangi Mount Victoria. Based Foundation has also awarded $230,000 twenty percent of my income to this scholarship e [email protected] changes to the information provided without notice. Accordingly, on a design created under the supervision of Master Carver for a ground-breaking study on improving through the University’s ‘salary giving’ option, as p 04 463 6309 the University accepts no responsibility for any loss suffered Rangi Hetet, it sits on the Te Ranga a Hiwi ridgeline and serves as a marker for the Māori Heritage Trail, Te Ara o Pasifika legal education in Aotearoa. Assistant by any person due to reliance (either whole or in part) on the a positive way of addressing the stresses that the Room 203, Old Government Nga Tupuna (the Path of our Ancestors). information contained in this document. Vice-Chancellor (Pasifika) Honourable pandemic placed upon us. I am very grateful to Buildings, 55 Lambton Quay, Luamanuvao Dame Winnie Laban and I will donors who have contributed to this important Pipitea Campus Keep in touch You can sign up online to receive event invitations and our e-newsletter, and check that your details and communication preferences are up to date. w www.wgtn.ac.nz/law-mailing-list Page 2 Victoria University of Wellington Faculty of Law Page 3 V.ALUM 2020 V.ALUM 2020

Law during lockdown

When COVID-19 extended its malevolent grip across New Zealand in March, it threw a lot of plans into chaos.

Associate Professor Professor Geoff McLay Associate Professor Nessa Lynch created the series Carwyn Jones produced “LEX & LORE” and the webinar series Te Herenga Waka—Victoria University of Dr Knight says the unprecedented nature “Legal lowdown on the “Indigenous Peoples Wellington was not alone in having to effect of the nationwide lockdown posed real lockdown”. and COVID-19”. rapid changes as the March lockdown challenges for understanding how all the extended into April. responses fitted together. “COVID-19 is going to remain a big • Moving all law courses online, including However, at the Faculty of Law, the lockdown player for a while to come and we recorded lectures, live tutorials and became an opportunity in itself. “The rule of law means we have got to discussion sessions, and assessments. Pro As well as moving courses online and make sure that what a government have built up a lot of experience Vice-Chancellor and Dean of Law Professor hosting a series of podcasts and webinars, a does is legal and proper. around COVID in the Faculty,” Mark Hickford liaised with the Council of special Master’s course looking at the legal Dr Knight says. Legal Education (CLE) to ensure that the implications of COVID-19 was quickly developed The ends mustn’t justify the means. How we Other faculty initiatives this year to work around changed assessments were acceptable for for Trimester 2. respond to the emergency, and do so faithfully COVID-19 have included: accreditation purposes. The Faculty also “COVID-19 and the Law” (LAWS 542), convened to the rule of law, is important too.” • numerous commentaries, webinar and podcast contributed to the University’s Trimester 2 by Associate Professor Dean Knight and The Faculty’s capital city advantage meant series, including the “Legal lowdown on the scholarship programme for people who had Associate Professor Nessa Lynch, the movers and shakers could take part in the lockdown” (www.wgtn.ac.nz/law/research/ been affected by COVID-19 by approving offered eight Master of Laws course more easily, including the Attorney- legal-low-down-on-the-lockdown) LEX & an extraordinary running of LAWS 121 in (LLM) students the chance General David Parker, Police Commissioner LORE (www.wgtn.ac.nz/law/news-and-events/ Trimester 2 so that they could begin a to take a critical look at the Andy Coster, experts from the Ministry of Health, podcasts), and “Indigenous Peoples and law degree then. Acting Associate Dean Government’s response. MPs and journalists. COVID-19” (www.wgtn.ac.nz/law/news-and- (Learning and Teaching) Dr Mark Bennett led It covered many “The people who are at the coalface of the events/podcasts). this. aspects of the lockdown pandemic were able to take a moment to • the Faculty hosting a livestream from July 27 Professor Hickford says the Faculty’s nimble, and the Government’s breathe and step out into a safe environment and to 29 of the High Court hearing challenging enthusiastic approach to the lockdown and response, including the talk about what they were experiencing,” he says. the legality of the COVID-19 lockdown pandemic is testament to its great academic legal underpinnings, efficacy “We are still in the pandemic—some are still (Borrowdale v Director-General of Health) in leaders at every level of the Faculty. and effects of the response, living and breathing it.” the Old Government Buildings for staff and “This reflects that we very much run our enforcement and challenges A decision has yet to be made on whether students. The livestream initiative—broadcast community as a community of scholars. And such as contact tracing and the course runs again in 2021 but COVID-19 across law schools nationwide—was a judicial we have got very capable, thoughtful, academic scientific risk assessment. will continue to be explored in a number of different courses. first and was organised and coordinated by leaders throughout the Faculty. “There remain plenty of questions—questions Dr Knight on behalf of the law schools. “Leadership is not just about a single person. about the borders and quarantine, the privacy of • The NZ Centre for Public Law’s repository This kind of enthusiasm, aligned with initiative, apps, around vaccinations. As we saw, these are of comment and scholarship: “COVID-19 is absolutely vital to allowing us to progress as a fraught issues—there was almost a democratic and beyond: legal and constitutional Faculty community.” meltdown around the election date. dimensions” (www.wgtn.ac.nz/law/centres/ nzcpl/projects/covid-19/), edited by a team of editors lead by Professor Joel Colón-RÍos and Dr Dean Knight.

Associate Professor Dean Knight

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Approach to online assessment transforming our existing sites to make them more Looking to the future Transforming our assessments to fit the online intuitive, with the most important and up-to-date When life goes back to normal, we look forward to Reflections of setup was a challenging concept. With the information immediately accessible. Some of our returning to our lecture theatres and interacting support of the Council of Legal Education we more tech-savvy colleagues thrived in the online in-person with our students. our Associate Deans began redesigning our tests and examinations to teaching space, creating engaging online versions In saying that, this year has truly catapulted us fit the online platform. of their courses with quizzes, discussion boards into the world of online learning and teaching, and A number of considerations were immediately and live interactive sessions. what we have learned will contribute to enhancing raised concerning the delivery of robust and fair The Centre for Academic Development (CAD) the in-person experience. Migrating to online learning a household cat ready to create a distraction assessments to all students. Different approaches and Digital Solutions (formerly Information We now have a new intuitive template for our and teaching when concentrations were waning. Web cams, were taken, and we learned the advantages Technology Services) played an essential role Blackboard courses and have seen the advantages headphones, extra screens and ergonomic chairs and disadvantages of each. This experience in supporting the delivery of our courses and of providing online readings and video-recordings. An unprecedented year were whisked out of offices and into our new has enabled us to refine our processes and assessments. Both teams had staff working As we moved out of lockdown and into Trimester 2, When I discussed taking up my role as Acting ‘teaching spaces’. procedures—in ways that will continue to evolve around the clock providing pedagogical advice many colleagues kept using recordings to replace Associate Dean (Learning and Teaching) at As lecturers, we are used to seeing our students learning and teaching in the Faculty. and technological support. Yet, due to the more ‘didactic’, information-heavy parts of their the end of 2019 with the incumbent, Professor in person, which allows us to ‘read the room’ demands on their time, they could not do lectures—which allowed them to use class time Graeme Austin, we identified a few policy changes and see how our students are understanding everything that the Faculty needed to do. Luckily, for even more rigorous Socratic sessions, such that I could focus on in 2020. In that discussion, and engaging with our lectures. That ‘in-person’ “I pared back readings, we have an excellent Academic Administration as discussions systematically applying the law Professor Austin made the off-hand comment that experience was suspended overnight, and so that students would team, led by Rozina Khan, who characteristically to a problem scenario. Socratic teaching has “of course, other issues always come up”. How we would not see our students in person for know what to read and ‘stepped up’ and became experts in the logistics always relied on the recent educational concept right he was. months. Clearly, online learning was going to be be assured it would of online teaching, actioning many of the of ‘flipping the classroom’ where students do their At the beginning of 2020, COVID-19 made itself very different. Although we pride ourselves on be time well spent. I changes necessary to ‘upgrade’ our Blackboard own work (‘the readings’) before class—but we felt when some of our international students were encouraging a participatory or Socratic learning revised my assessments sites and run our courses. have found ways to improve it. This is another unable to enter New Zealand. My first weeks in relationship, experience overseas suggested not example of the silver lining of 2020: sustained and made the first test ‘double Communication is key the role were spent discussing how recording running all of our classes as live (or ‘synchronous’) pedagogical thought and discussion with focus on chance’ with the view to mitigating stress Throughout the COVID-19 crisis we have of lectures could be made consistent with the discussions and instead having some students our traditions, values, and graduate attributes; the about the test—which was very early after been in regular contact with the Victoria participatory, Socratic style of teaching that the record ‘asynchronous’ videos with us as ‘talking drastic and universal upskilling in our capabilities their return from lockdown. University of Wellington Law Students’ Society Faculty is known for. Even at that stage, we did not heads’ explaining the law. This allowed those for using digital teaching tools; and an emphasis “I gave them a lot of guidance (VUWLSS)—particularly Jugjeet Singh, 2020 contemplate having to fundamentally change our students whose schedules had changed or who on maintaining engagement and communication about the tests and spent time in class VUWLSS President, and Education Officers Billie teaching. However, not long after that, COVID-19 did not have access to adequate internet to with our students, whether in or out of the discussing approaches to answering Haddleton and Hannah Jones. We also consulted made it to our shores, spread in the community engage with the learning materials. Some lecturers classroom, to best support their learning. problem questions of the kind in the test. with other student representative groups and, as instructed by the Government, the also chose to divide topics into shorter ‘chunks’. No one knows what challenges we may face in I also took a rather humane approach including Ngā Rangahautira and the Pasifika country moved swiftly into full lockdown. Having We did not lose all ‘live’ contact with our the future, but I have confidence in our students to special provisions and extensions. Law Students Society. Together they were able anticipated this in the weeks prior to this decision, students. Courses supplemented the recorded and in our Faculty to make the best of any Students were incredibly stressed in to clearly articulate the perspectives, concerns we had begun organising the Faculty’s shift to lectures with synchronous online discussions, situation. We have learned a lot about how to Trimester 1 and continued to be in and requests of the entire Law student body. online learning and teaching. ‘office’ hours, as well as email correspondence and Trimester 2.” learn and teach the law in 2020; we also learned individual consultations over Zoom. The tutorial Individual students also contacted members of Identifying best practice a lot about ourselves—what we value, and how programme continued throughout lockdown, the Faculty’s leadership, as well as their lecturers: Identifying how to best provide learning and we should act to achieve the goals those values delivered over Zoom by our wonderful tutors. 40% of students had an email exchange with their teaching in a completely online format was the require us to aim to. I look forward to seeing what In addition to a new learning and teaching Supporting our students lecturer in Trimester 1. first major challenge. The second challenge our community and its participants will achieve model, there were daily Zoom meetings with Blackboard is the University’s main This communication not only allowed us to involved the logistics of providing online teaching in the future, building on what we have learned Faculty leadership and weekly Faculty meetings communication and resource repository tool. learn what was, and was not, working, it also from the isolation of our homes, without the this year. to discuss learning and teaching. These meetings As soon as the decision was made to move our alerted us to how challenging COVID-19 and the usual resources and with limited experience enabled us to discuss and develop best practice teaching online, we began updating and improving lockdown had made it for students. Dr Mark Bennett using such technology. We had to guidelines and share technology insights with the Blackboard sites of each of our courses. It is difficult to express the admiration we have Acting Associate Dean (Learning and Teaching) learn how to schedule and each other. The Faculty’s Academic Administration Although Blackboard is a familiar resource to both for our students who have managed to navigate manage video-calls and team provided a pillar of support, including students and lecturers, for many it had been used their way through a year so challenging and full of record ‘lectures’, while individualised assistance and advice for those mainly to house course information and teaching uncertainty. keeping our students less experienced with the new technology. Overall, materials, to support in-person learning. With They showed patience and understanding interested and the Faculty came together as one to provide our lockdown, Blackboard sites became the central at times when we ourselves were struggling. engaged. Luckily, students with the best legal education possible. hub for courses; they were the one place where An important insight to remember is that staff there was many learning materials and opportunities provided and students alike worked together and that by the Faculty were located. With the support of affirmation is one of the positive aspects to come the Academic Administration team, we set about out of this year.

Dr Mark Bennett

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Researching outside the box connections made, or the discussions had over joined by Associate Professor Nessa Lynch in Rising to the challenge a cup of coffee, in the sidelines of a meeting. making a further detailed submission to the Select Of course, life is not all about COVID-19. In August The impact of COVID-19 Unfortunately it seems that the resumption of Committee inquiry on the COVID-19 Public Health I was thrilled to hear about the outstanding 2020 has proven to be a year ‘out of the box’. international travel will be delayed for at least Response Act. Professor Campbell McLachlan performance of staff and students from Te Having taken up the mantle of Associate Dean another year, and this will be tough for those QC has been appointed as a member of a newly Herenga Waka—Victoria University of Wellington (Research) in July (from Professor Joel Colón-Ríos, academics with an international research agenda. created 15-member International Commission of in the latest New Zealand Legal Foundation who did an amazing job) I have been extremely Fourth, for a number of Faculty of Law the Institute of International Law on ‘Epidemics Writing Awards. The winner of the prestigious JF conscious of the impact that COVID-19 has had on researchers, the COVID-19 pandemic has raised and International Law’. Still other academics have Northey Book Award for a legal book published the Faculty’s research. fundamental questions about the role of law in made media appearances, including Associate in 2019 was Professor Richard Boast QC for First, our academics have families and have had New Zealand and beyond. Professor Māmari Stephens and Associate The Native/Maori Land Court Vol 3, 1910-1953: to cope with changes in personal circumstances Professor Grant Morris. The New Zealand Centre Collectivism, Land Development and the Law. due to the lockdown earlier in the year. This has Our academics have drawn on for Public Law has developed a website that has Professor Claudia Geiringer won the Sir Ian Barker affected all academics, but has been particularly their expertise to provide collated the scholarship, analysis and commentary Published Article Award for “When Constitutional onerous for those who had to take on significant invaluable public and academic on the legal and constitutional implications of the Theories Migrate: A Case Study”. Claudia has child-care and schooling responsibilities. I have comment about the Government’s Government’s response to COVID-19. The Centre now won this award an unprecedented three had a number of conversations with academics legal response to the pandemic. has also partnered with International IDEA and times. Finally, Nathan Tse was one of two winners worried about the impact on their capacity to produced videos from scholars from 50 countries of the best undergraduate paper award, for undertake the world-class research that they are For example, Professor Geoff McLay organised explaining their government’s approach to the “Decentralised Autonomous Organisations and used to doing. I am so proud of all my colleagues a webinar series, available on the Faculty of pandemic. the Corporate Form”. We extend our warmest and have been sending the message that Law website (wgtn.ac.nz/law), “Legal lowdown congratulations to these individuals for their Community impact research cannot always continue as normal when on the lockdown”. A number of Faculty of Law success. The above only scratches the surface of the everything else has been upended. academics contributed to the discussions, from 2020 has been a difficult year for everyone scholarship and commentary that has been Second, all academics have had to cope with a variety of legal perspectives. Other videos were in the Faculty of Law. However, it is heartening produced by Faculty academics in the post-COVID the heavy burden of altering their teaching to deal produced looking at COVID-19 and international that my colleagues are continuing the tradition of world. There is little doubt that the contributions with the very real demands of online teaching, and domestic law respectively. Together, they have producing exceptional legal scholarship even in have made significant practical impact in the dual delivery and supporting students. Our had more than 7,000 views. Associate Professor difficult times. academics have worked hard to prioritise the Carwyn Jones was involved in an international community. For example, the Attorney-General in the House during the budget debate cited the needs of students, but this has naturally come set of panels focusing on indigenous peoples and Associate Professor Joanna Mossop views of academics on social media as a major at a significant cost to their research. With dual COVID-19 that ran under the Māori Law Review Associate Dean (Research) delivery expected during 2021, that cost will banner and featured a range of excellent scholars reason why the Government was prepared to continue to be paid. from New Zealand and beyond. Dr Ruiping Ye agree to the sending of the COVID-19 Health Third, our academics are part of an published commentary on China’s response Responses Act to the Select Committee for post- international community. In any given month in to COVID-19. Associate Professor Dean Knight, enactment review. A blog co-written by Professor normal circumstances we might have several Professor Claudia Geiringer and Dr Eddie Clark Claudia Geiringer was cited by the Court of Appeal academics travelling to present at conferences, have produced many articles and commentaries in suggesting that there were significant issues collaborate with colleagues in other universities, on the public law aspects of the pandemic relating to the legality of the lockdown that would participate in the work of international response as well as being very active on social best be sorted out in an expedited application for organisations and much more. and in mainstream media in explaining aspects of judicial review. The dedication of my colleagues From March this year, that international travel the law. Professor Geiringer also authored a paper to contributing to the public debate around the stopped abruptly, disrupting many plans. What outlining problems with the legal restrictions Government’s response is truly humbling. has been incredible to see is the efforts that have that was forwarded with the New Zealand Law taken place to find solutions to the lack of travel. Society’s submission to the Epidemic Response Zoom has shown that it is possible to bridge the Committee. Four academics presented a joint physical gap, although it is not always ideal. New submission under a very tight timeframe on an Zealand’s time zone means that participation in a exposure draft of the COVID-19 Public Health conference in the UK or Europe may mean staying Response Bill (Eddie Clark, Claudia Geiringer, up all night. And no technology can replace the Dean Knight and Geoff McLay) and they were

Associate Professor Joanna Mossop

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Extending diversity

Imagine how it feels when you are put out of your comfort zone and At Te Herenga Waka—Victoria University of the opening of that room neatly encapsulates having to create a sense of whānau in your new study environment Wellington, the Faculty of Law is continuing the connection between Māori and Pasifika when just a small group of people identify as Māori or Pasifika amongst to take steps to support Māori and Pasifika initiatives in this Faculty, coming to greater close to 1,000 first-year law students? Most Māori or Pasifika students success in the Law programme. This fruition with the establishment of a targetted includes targeted admissions, actively admissions process for Pasifika students: come from tight-knit communities—in contrast to Wellington, a starkly recruiting Māori and Pasifika school-leavers, different environment. and providing mentoring and support from senior students and dedicated advisors. ‘He rei ngā niho, he Improving legal education for Māori law students paraoa ngā kauae’ Support for Māori law students builds on initiatives that have been in place since the late This translates as ‘To have a whale’s tooth, one 1980s and early 1990s. Ngā Rangahautira, the must also have the whale’s jaw’. This illustrates Māori Law Students’ Society, was established in the desire that Māori and Pasifika students have 1988, and led the submissions and arguments to excel at their studies, and the benefits of for the introduction of what was then known working towards the fulfilment of goals. as the “Māori Quota” that was instituted by the Faculty in 1990, with (now) Chief Judge Hēmi Improving legal education for Taumaunu as a member of the very first intake, Pasifika law students 30 years ago. The process is now known as the The University and Law School will also be “Māori Admissions Process” or MAP. In this early hosting a ground-breaking nationwide study era new Māori and Pasifika tutorial streams for to improve legal education for Pasifika, in compulsory courses were also implemented collaboration with other law schools, thanks and the Ngā Rangahautira room in the Faculty to the generosity of the Michael and Suzanne was established. The tutorials and the MAP Borrin Foundation. reflect the fact that some Māori students Working with the Pro Vice-Chancellor and may require extra support in their law studies, Dean of Law Professor Mark Hickford, Assistant but such initatives also reflect the Faculty’s Vice-Chancellor (Pasifika), the Honourable commitments to its obligations under Te Tiriti o Luamanuvao Dame Winnie Laban, will lead the Waitangi and to ensure that legal education at work made possible by this $230,000 grant. this University reflects the central importance of The study will explore equality, belonging and Treaty partnership. authority in law, identify hurdles stopping These initiatives and the Māori engagement Pasifika entering and succeeding in New advisor position remain the bedrock of support Zealand law schools, and recommend solutions. for Māori success. There have been additions The newest Faculty of Law Pasifika to such support in recent years, including the Engagement Advisor Leilani Taula, a key port establishment of a Māori and Pacific Island of call for Pasifika students, wants to get the (MPI) tutorial academic coordinator position message out that law school is not as scary as it in late 2018, and of Te Kauwae Parāoa, a might seem. study room in the library primarily (but not “While we may be learning about an exclusively) for Māori and Pasifika students adversarial system, our Law School is not an in 2012. The whakataukī upheld at the time of adversarial community.” The Honourable Luamanuvao Dame Winnie Laban, Assistant Vice-Chancellor (Pasifika) (left), with Ella Risati.

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Leilani, from the village of Taga on the Samoan Increasing diversity island of Savai’i, is close to completing her conjoint Professor Hickford says increasing diversity, BA/LLB (Hons), majoring in philosophy, and has including socio-economic diversity, is a key priority been Pasifika Engagement Advisor since August. for the Faculty. In her role she provides a friendly face and “We are committed to improving in this area. good advice for Pasifika struggling with “fitting The law degree offers strong opportunities for Judge Sir David Carruthers (left), Lady Catherine Carruthers (centre), in” to the Faculty. young people on a personal and professional with Emeritus Professor John Prebble QC with Pasifika advisors “They might not know of, or feel comfortable, level and it is advantageous to New Zealand to going to the other support services, so they can have a talented legal profession that represents Leilani says she has had interesting come and talk to me, knowing I’ve been there— the diversity of our society. Māori Admissions Process (MAP) experiences as a Law School student. studied law too. If I think there’s someone better “To ensure that law is viewed as a strong Introduced in 1990, the supplementary “I started out like a lot of Pasifika students. qualified to help, I’ll help put them in touch with option, regardless of background, and that admissions process assesses tangata I came from high school with straight the right people.” there is support to embark on this study, whenua students for entry into second- excellences and was confronted by the startling So what are some of the statistics around the Faculty will continue to strengthen its year law courses if they would not fact I was no longer a big fish in a small pond, Former Pasifika Law Pasifika students’ involvement in the Law School otherwise be admitted. Ten percent of Coordinator Lagi efforts to increase Māori and Pasifika student but a very small fish in a very large pond. and in studying law more generally? Tuimavave (left), with participation and achievement.” available places in second-year law “I don’t think high school prepared me with the Pasifika Engagement When it comes to second-year law students Initiatives to do that include: courses are reserved for Māori students resilience that is required to not win all the time. Advisor (Law) Leilani Taula. at the University, on average, just 5% identify • introducing a targeted Pasifika admissions applying under the Māori Admissions “Eventually I found my way a bit more and got as Pasifika. That process for entry into second-year courses, Process involved with the Pasifika Law Students’ Society compares with aimed at ensuring the student body pursuing competitions and the Law Revue. 81% identifying as “I wanted to do law when I was very young. an LLB better reflects the Pasifika make-up on who you are talking to. But there is no European and 13% as But what happens to stop Pacific people of New Zealand society. From 2021, up to single set of answers. Māori. going into law in the first place is the self- 5% of the second-year class will be selected The Borrin Foundation project is an According to the perpetuating quality of not seeing many Pasifika from Pasifika students who passed first- “ambitious and positive step towards looking at 2019 “Snapshot of the lawyers, Pasifika academics. And because you year courses but would otherwise not have instances of good practice that yield positive Profession”, produced don’t see yourself represented there, you just been selected into second-year courses, results”, he says. by the New Zealand don’t think intuitively about joining in.” according to their grade ranking. This will join “This is very critical for what we need to do. It Law Society, of all the existing similar MAP. is a national project which we will host here.“ Borrin Foundation Chief domestic students • supporting the VUW Law Students’ Society, studying for an LLB in It will allow for the creation of a collaborative Philanthropic Officer Tupe Soloman- which represents the interests of all law research hub for multi-disciplinary talanoa 2017, only 9.2% (855) students, and related groups such as Ngā Tanoa’i says the foundation believes were Pasifika. (conversations) among leaders in different fields. the law is essential to a flourishing Rangahautira (the VUW Māori Law Students’ A series of virtual and in-person fono Of those who society which is just, inclusive, Association) and the VUW Pasifika Law (meetings) will be held around New Zealand to completed an LLB tolerant and free. Students’ Society. soak up the experiences of current and former that year, 6.5% • facilitating mentoring for younger students law students and also law graduates, including “Our focus is on areas where the law is not (90) were Pasifika, by senior students; cooperating with student those who became lawyers and others who serving New Zealanders well. This project while of those who representative groups; organising events chose a different career. addresses the problem of under-representation finished LLB(Hons) throughout the year including the Pasifika Pro Vice-Chancellor and Dame Winnie says it is in New Zealand’s best of Pacific people in law programmes in tertiary or postgraduate certificates, just 1.9% (5) Law Students’ Society Moot; and offering Dean of Law Professor interests that Pasifika “not only successfully education institutions and in the legal profession. identified as Pasifika. several scholarships aimed specifically at Mark Hickford and Chris complete their degree at law school, but thrive “When we make grants we take into account Griggs from Barristers. Dame Winnie says Pacific people have Māori and Pasifika students such as the in the legal profession and judiciary”. things like the potential of a proposal to have Comm signing an MoU been “consistently under-represented in law Quentin-Baxter Scholarship. to establish the Māori “Pacific people are a dynamic and talented a significant and enduring practical impact on programmes in New Zealand, at undergraduate, • The Law School was also a pioneer of the and Pasifika Internship group with the fastest growing young the lives of New Zealanders, to be a catalyst for honours and postgraduate levels”. Māori and Pasifika Engagement Advisor roles for Law students. Photo “We are also under-represented in the legal population in Aotearoa New Zealand. change, and address systemic issues. credit: NZ Law Society. which currently offer Māori and Pasifika “We have some wonderful examples of Pacific “We are pleased to support this project, profession, making up less than 3% of all students additional assistance with course people who have excelled and reached the which will bring together academics, students, lawyers in New Zealand, while we make up 8% advice, general progress in their academic top jobs in law, but we have a long way to go graduates, legal practitioners and policy makers of the general population.” journey and contribute to the pastoral care to ensure we are systematically removing the from across the country to take coordinated The statistics reflect the discrimination and offered to Māori and Pasifika students. barriers to success.” action to identify the barriers to Pasifika in disadvantages experienced by Pacific people in “So, how do you ensure law school is seen as a law schools and recommend interventions to Aotearoa. Yet, at the same time, Pacific people place that is safe and welcoming? That tends support Pacific people to succeed in law school are over-represented at every stage of the to yield a diverse range of answers, depending criminal justice system, she says. and to take up a career in the profession.”

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an area he wished to address. Here, he said, his but to accept their own cultural obsolescence. focus has been on ensuring that the defendant The result was catastrophic; the rise of an Sir Joe builds a bridge at receives a “fair trial according to law and, if unprecedentedly large generation of brown, convicted, a just sentence”. He notes, “the anglophone, culturally lost, teenagers.” inspiring Robin Cooke impact of that work on the Māori community Sir Joe stated that in the 1970s, when half of and, I include there my own individual the Māori population was under 15 years of age, contribution to it, can only responsibly be one in 14 Māori boys was removed from their Lecture described as destructive, even catastrophic”. families and placed in Social Welfare-run boys’ He stated Māori incarceration statistics— homes. Māori make up about 16 percent of our general “Almost all of them graduated to adult The Honourable Justice Sir Joe Williams delivered an inspirational 2019 population, but 38 percent of those charged prisons in due course. Of the Māori males in Robin Cooke Lecture to not one, but two packed Old Government Buildings with a crime, 42 percent of all adults convicted, that generation, 40 percent served a prison and 57 percent of adults sentenced to prison— sentence by the age of 35. Behind these stories lecture theatres at the Faculty of Law on Wednesday 4 December. and compared it to incarceration levels for is the story of the rise of the Māori gangs. In indigenous populations in Australia and Canada, short, the story of the breakdown of the cultural and African-Americans in the United States. and social fabric, and its replacement with As the first ever Māori judge ever appointed she became pregnant, and before sentencing There is another troubling, noxious substitutes.” to the Supreme Court, alumnus Sir Joe she had a baby and turned her life around. and related statistic he raised: “Lord Cooke saw law as As a result of the (Ngati Pūkenga, Waitaha and Tapuika) spoke The judge chose to punish her offending by a nearly 70 percent of children a fabric, as a tapestry, economic reforms about the role of colonial dispossession in sentence of three-years of imprisonment, and subject to care and protection I know it sounds like and restructuring contemporary indigenous offending in a her baby was removed from her at court. Sir orders are Māori. a cliche, but he really that emerged lecture titled ‘Build a Bridge and Get Over It.’ Joe chose this story because it represented Sir Joe then explained the did. You saw it in his during the 1980s, Sir Joe described the opportunity to give “everyday offending of its kind, and an everyday myriad sources of postcolonial judgments and in his poverty and welfare the Robin Cooke Lecture as a terrifying thrill, offender of her kind.” trauma, highlighting physical extramural writing, dependency became saying, “Lord Cooke saw law as a fabric, as a Sir Joe has had two very different judicial loss due to population drop, and that was the kind entrenched and tapestry, I know it sounds like a cliche, but he careers. The first was in the Waitangi Tribunal combined with psychological of lawyer I always intergenerational, really did. You saw it in his judgments and in and the Māori Land Court, both of which (the trauma thanks to the removal of wanted to be. That’s as the factory jobs his extramural writing, and that was the kind of Waitangi Tribunal in particular) have seen him independent agency, to answer why he was one of my disappeared, and lawyer I always wanted to be. That’s why he was “fix his gaze on our colonial past”. The purpose why Māori are still struggling great legal heroes.” unemployment one of my great legal heroes.” of those jurisdictions was to make a positive with criminality. became widespread. He began his formal lecture with a story, one contribution to tribal development. In one way He said, “The consensus in social science is The only light to be seen was the of a 19-year-old Māori offender named Dawn or another, the governing statutes required him that trauma, if it is severe enough, can transfer fruition of Treaty settlements, and who had a “criminogenic whānau”. Between her to take this approach. He said that “I cannot intergenerationally. The loss of Māori land was a the establishment of kōhanga reo. alleged offending being committed and trial, say I always achieved it, but I can say that I hugely debilitating loss of land and dignity.” “Ironically, those elders who always tried to”. His second judicial career He carried on to explain that as Māori land staffed the kōhanga and kura he is still in, that is his work as a judge in the was sold by their grandparents, the 1960s saw kaupapa were often the mainstream courts, and particularly his work 70 percent of Māori living in urban centres, railway workers who had when exercising criminal jurisdiction at trial and creating a loss of the village community which lost their jobs in the 1980s at the appellate level, which in the lecture was had helped their resilience during times of and found their formerly deprivation such as the Depression. The first ‘irrelevant’ te reo and urban-born generation of Māori was the largest tikanga expertise had cohort in the known “history of the race”, he some value.” said, and was integrated into cities “in which The way in which they were a visible and self-conscious minority,” intergenerational with Government policy promoting assimilation. trauma has “Many village-born Māori parents accepted dispossessed the the pākehā orthodoxy, feeling they had no choice Māori people

The Honourable Justice Sir Joe Williams addresses guests at Guests of the 2019 Robin the 2019 Robin Cooke Cooke Lecture join in to Lecture. close the celebration with ‘Tūtira Mai Ngā Iwi’.

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“A proper rehearsal of those histories allows Te Arawhiti, the name of the Office for sentencing judges to calibrate to the best of Māori-Crown Relations means, ‘the path for their ability the degree to which free choice crossing over’. Its job is to maintain active has been fettered by trauma, either directly working relationships between iwi and the experienced, or inherited. Crown, and ensure the Crown meets its Treaty obligations. “Te Arawhiti needs to build some The Honourable Justice “Without a thorough knowledge of bridge extensions, some clip-ons” to create a Sir Joe Williams meets an offender’s background there can L-R: Marcia Murray, bridge between iwi and sentencing judges. “And guests after the 2019 be no perspective, only myopia.” Robin Cooke Lecture. Professor Mark let’s not forget the victims, nearly half of which Hickford, The are Māori.” Sir Joe points out that none of the guideline Honourable Justice “Section 27 is a means of engaging with the judgments of the Court of Appeal used is beginning to be recognised through section Sir Joe Williams, resources of the child or offender’s community, Bernadette Arapere, in sentencing took into account systemic 27 of the current Sentencing Act, which requires those who have what the state doesn’t with the Jason Gough deprivation, up until R v Zhang, which focuses the sentencing judge to take into account the offender—an intimate relationship. If the Crown racial and cultural background of the offender. on social and economic deprivation. Matariki courts, generating a requirement for can recruit that, we could change many lives. The predecessor to this was section 16 in the The first four of the court’s five points in that special background reports when indigenous This is a win-win. The Crown solves stubborn Criminal Justice Amendment Act of 1985, and case were: people were to be sentenced. and significant social problems, the iwi become this required the court to hear from those who 1 Ingrained and systemic poverty are relevant Our landmark case was R v Mika, where what they once were—a significant institution wished to speak for the offender about their to matters of choice where they are causally Mika argued that he ought to get a 10 percent in the lives of their people.” background. linked to the offending. This includes mana discount off his sentence due to the social Reflecting on Dawn’s situation, Sir Joe said, “This was an attempt to create a pathway for and rangatiratanga. deprivation he suffered as a Māori. This was “If this type of agency existed earlier, perhaps the offenders’ community into the sentencing 2 Experience tells us that culture aids declined at the time, but since this case, Māori Dawn would not have ended up in jail away from process and was designed to address the rehabilitation. imprisonment rates have risen sharply, and her baby, and the historical trauma within her disproportionate Māori imprisonment rate, 3 Section 27 should be how relevant judges have become more active in requesting whānau was allowed to heal.” which at that stage was a ‘mere’ 40 percent of information gets before the court. background information about indigenous The only way to change the status quo is to the prison muster,” said Sir Joe. 4 Section 25 and section 27 ought to be offenders in New Zealand. build bridges and get over them, said Sir Joe. Sir Joe highlighted the similarities between available to all New Zealanders irrespective Sir Joe explained that a tipping point came “I think we are heading to a place where no child the legal responses to indigenous background of ethnicity. in 2018, in the case of Solicitor-General v Heta, will be removed, and no Māori offender jailed, requirements in Australia, Canada, and “It has not gone unnoticed that the court which saw a 30 percent discount of sentencing, without advice from that person’s iwi or their New Zealand. couched its sentencing of Māori offenders judged by Justice Whata. “Heta produced a community for their back story.” He noted, “In my experience, judicial attitudes in terms of mana and rangatiratanga, as significant change in sentencing practice by the The lecture ended with a standing ovation to the materiality of culture and background well as land, language, and culture. I see the sheer power of its reasoning, the question is from both lecture theatres, accompanied by to sentencing fall somewhere on the spectrum court’s deployment of these terms as a sign of now whether the resources and infrastructure two waiata expressing aspiration and hope, one between two points. At one end, judges who see willingness to reach across the divide and place will follow its lead.” the waiata of Ngā Rangahautira, and the other it as their function to do all they can to alleviate itself within te ao Māori. The significance of this In reference to an opposing judgment Tūtira Mai Ngā Iwi. systemic overrepresentation, who believe deeply cannot be overstated,” said Sir Joe. made by Justice Downs, he said, “Trauma in in the power of redemption, and who accept that To introduce these terms, he says, is to begin a person’s living or more distant past doesn’t the provisional information about culture and to normalise Māori ways of thinking and being. The Robin Cooke Lecture was guarantee the person will become an offender. history is essential to sentencing. “Te ao Māori ceases to be other.” Zhang may be established in 2001 in honour of the This is dehumanising, reducing a person to “At the other, there are those who are seen as the early scaffolding of the bridge we late Lord Cooke of Thorndon. Lord victimhood and nothing more, and it denies structurally skeptical about these issues, fail to need to maintain active working partnerships Cooke was a Victoria University of their mana. Agency doesn’t come in one single see how they could be relevant except in very few between iwi and the crown. Wellington Law alumnus and New unvariable quantum. It can be fettered or cases, and believe references to a distant and “Right now, the system speaks with two Zealand judge, and later a British unfettered without losing its character.” traumatic past will lead to undermining the basis mouths. One speaks of healing the past, Law Lord and member of the Judicial He pointed out, however, that 85 percent of of the whole sentencing theory of free agency. Treaty-based reconstruction, and a newfound Committee of the Privy Council. He is Māori boys who were placed in abuse-ridden “Most are situated somewhere around partnership between iwi and the Crown. That widely considered one of New Zealand’s state homes in the 1970s graduated to jail. the middle.” mouth speaks quite genuinely with hope and most influential jurists and is the only “Can it really be said then that people with that In Canada, the Criminal Code section optimism. The other speaks of destruction on New Zealand judge to have sat in the particular background were capable of leading 718.2(e) served a similar function to our section an unprecedented scale, using the powerful House of Lords. Several members of law-abiding lives? The numbers suggest that 27, and saw a landmark case in 1999 give rise to rhetoric of the sentencing act. Neither voice Lord Cooke’s family were in attendance they were quite incapable of doing that. the Gladue principles, similar to New Zealand’s has the space or inclination to listen to what the at the lecture. other is saying. They need a bridge.”

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THE END OF LIFE CHOICE ACT

be addressed by Parliament amending the “The fault of the select committee was that “The question that remains for me is, how do Crimes Act.” while we had heard these submissions, at we go forth with the lack of resources that we A question for law “Legislation is the right option, because it’s the end of the day, our vote wasn’t worth any have and ensure that our lives are also lived well.” not a legal question.” more than any other MPs,” noted Mr O’Connor. After Dr Young launched the End of Life or legislature As he saw it, the pivotal moment in the Seales Both speakers found this frustrating, as there Choice Act Referendum Society, Professor case was the Justice’s reading of section 41 of the was a clash between members of the select McLay made some closing remarks, saying, Crimes Act which allows somebody to prevent committee over its purpose. “Good law reform is not about the law reform. The fifth lecture in honour of Lecretia Seales delivered an another’s suicide without checking whether it is “We weren’t allowed to debate the important “My view of my job as Law Commissioner and done rationally by a terminally ill patient. parts of the bill, and the report we gave only Professor is not to expound my own view about unprecedented insight into the way New Zealand’s legal and “I think Justice Collins’ instincts were right in dealt with the minor inconsequential parts of what the law should be, it is about creating law parliamentary systems work when faced with moral decisions that recognising this as important. It comes down to the bill,” he said. that New Zealanders could live by.” affect all New Zealanders. what the assisted suicide prohibition is actually Mr Bishop agreed, saying “It was an imperfect for,” said Professor Richworth. process, and it isn’t the way that other The video of this event is available at “A legislative scheme is required to understand conscience bills have been treated,” referring www.wgtn.ac.nz/law/news-and-events/news/ the vulnerable and the non-vulnerable.” to the Marriage Amendment Act, another moral the-end-of-life-choice-acta-question-for-law- Delivered on the fifth anniversary of both the outcome than one where ‘Lecretia’s Choice’ critical there is a person who you can focus on, Justice Collins then spoke, stating firstly that issue which saw a similar process end with or-legislature. Seales v Attorney-General ruling and Lecretia’s is granted to everyone, by the people of the through whom you can tell the story.” he was determined the courts would do right recommendations to the House which saw it death, the event also saw the launch of the country that she loved.” He learned a lot in litigating this case, which by Lecretia by providing a decision before she move through Parliament smoothly. End of Life Choice Act Referendum Society by Professor McLay spoke next, reflecting briefly started from an unusual point for cases of this passed away, “That was the best way we could Both Members agreed that the process, Dr Jessica Young, who completed her PhD on on his time working with Lecretia at the Law type. “Here was an articulate person saying, honour her.” while not satisfying, did test New Zealand’s the views of the terminally ill on assisted dying. Commission. “She only mentioned her illness ‘this is what I want as a possibility,’ rather than He believes the courts were the appropriate democracy at every level. However, Mr Bishop Recorded remotely due to COVID-19 for the twice in the four-and-a-half-years we worked somebody defending themselves by saying ‘I did forum to discuss this, for two reasons. “First, would like to have seen a special select first time in its five-year history, speakers included together. The second time was awkward, as she this because I saw my relative suffering.’” Lecretia’s case provided an opportunity for committee set up for this, as it was for the Lecretia’s widower Mr Matt Vickers; Court of asked for my support for the Law Commission The power of the argument was such that Mr The End of Life Choice Act Referendum the law to be clarified, which was important Abortion Legislation Bill in 2019. Society was formed shortly after the Appeal Justice David Collins, who heard and to conduct a review into the law of assisted Butler found his own beliefs challenged over the in this case because there were a number of “The process was imperfect, but we got there made the decision on the case; Mr Andrew Butler, dying. I said ‘no,’ and explained that I thought course of the case, as did many others on the case. End of Life Choice Bill was passed commentators making statements about what in the end, and there are valuable reflections to in Parliament in 2019. The Society Lecretia’s head lawyer; and Crown lawyers it was something politicians “The complexity of the evidence was wonderful, the provisions of the Crimes Act actually meant. be had if this type of bill comes around again,” on the case Mr Mike Heron QC, and should be responsible for.” with 36 witnesses and 51 affidavits,” says Mr launched Yes for Compassion to I decided the presented statements were not said Mr Bishop. ensure the public was well informed Professor Paul Rishworth QC. He changed his mind Heron, who was Solicitor-General at the time, correct,” said Justice Collins. Associate Professor Māmari Stephens spoke Contributing from a law about this later, as he leading the team for the Crown. about the legislation ahead of the vote “It also provided the chance for society as next, saying she was interested in the case from in October 2020. reform perspective were thought this process “What stood out for me in the preparation a whole to reflect upon the complex issues a personal perspective as her mum was in her Members of Parliament towards law reform may and hearing of this case was the importance of that her case raised. It was thanks to Lecretia’s dying days at the same time as Lecretia. Chris Bishop and Greg have ironed out more people as you travel through life,” he said. determination to have the issues raised in the “My mum used to say, ‘If I can’t have a drink O’Connor, who were part issues for when the Even during the case in 2015, Mr Heron noticed way that she did that saw Parliament take up or a smoke, what is the point. They may as of the select committee politicians took up the interest that Ministers were taking in this case, the baton,” he finished, also noting that the case well just pull the plug.’ But I couldn’t help process; Associate the cause. particularly then-Prime Minister John Key, who didn’t go to the Court of Appeal as so many wanting to defend the small life that she now Professor Māmari Mr Butler, who led was in favour of assisted dying of some sort. of its kind have, due to the professionalism of had. I couldn’t help wanting to defend the Stephens from Te Herenga the team from Russell Professor Rishworth had only just begun everybody involved. dependent person that we in our society Waka—Victoria University McVeagh who worked pro work for the Crown when this case arose. He Members of Parliament Mr Chris Bishop had become so afraid of,” said Associate of Wellington, and Dr Jessica bono to bring the case to court, considered the international case law in his work (National MP for Hutt South) and Mr Greg Professor Stephens. Young, CEO of the End of Life then acknowledged his team and for the case, and asked himself “Is the question O’Connor (Labour MP for Ōhāriu) then appeared She watched the case closely, marvelling as Choice Act Referendum Society. The Lecretia’s family, before explaining the case. of euthanasia for the courts to decide, or is it for in conversation to speak about the select Mr Butler did at the power of stories. “Tonight, group was chaired by Professor Geoff McLay “There were two things we were trying to the Parliament to decide?” committee proceedings that saw the End of I feel sadness for the many stories that from the Faculty of Law. prove in this case: firstly, that the current law He believes that the outcome of the case Life Bill proceed from private members’ bill to were heard over the course of the passage Mr Vickers spoke first, remembering Lecretia allows for legal aid in dying; and if that failed, showed that the “complex legal, moral, become an Act. of the Act, and the case. And sadness for as a very private person who felt strongly enough that the fact that the law did not allow for legal philosophical, and clinical issues, can only “For a long time it didn’t feel like the End of the stories that haven’t yet been told.” to destroy her privacy in favour of the potential for aid in dying was a breach of Lecretia’s human Life Act was going to get there,” began Mr Bishop, “I applaud the work that has been done. law reform. rights,” said Mr Butler. More than 2.9 million New Zealanders explaining the tension that arose within the And I wonder also in the wake of COVID-19 Each of the lawyers who spoke, as well as voted in the End of Life Choice Act “New Zealand has never had such Justice select committee as MP The Hon Maggie about the stories of those who have had to pass Justice Collins, expressed what a privilege it was referendum in October 2020, with 65.1 Matt Vickers, a sustained concentration on Barry and Hon Dr Nick Smith were placed on the away alone, without comfort,” said Associate to be part of this case, which was brought to percent voting in favour of the Act. The committee after it began proceedings. Professor Stephens, speaking further about Lecretia’s widower, end-of-life issues as it did during speaking at the court as quickly as possible to ensure a ruling referendum was the first time legislation There were over 38,000 submissions for and palliative care within New Zealand and how Lecretia’s case,” notes Mr Vickers. prior to Lecretia’s death—in the event, it was Lecretia Seales around assisted dying was put to the against the End of Life Act proposal, and the inaccessible Māori and Pasifika find it. Memorial Lecture given one day before she passed away naturally. “This is a good thing, no matter the outcome public in New Zealand. The Act will come MPs involved travelled around the country to in 2017. Mr Butler expressed the power of narrative into effect in November 2021. receive around 4,000 oral submissions. of the referendum. I can think of no better in the case, saying, “With litigation like this, it’s Page 18 Victoria University of Wellington Faculty of Law Page 19 V.ALUM 2020 V.ALUM 2020

Law School wins big at The power of people

writing awards Professor Joel Colón-Ríos has marked the end of four years of research into constituent power with the publication of his book Constituent Professor Claudia Geiringer from the Faculty of Law at Te Herenga Power and the Law, published by Oxford University Press. Waka—Victoria University of Wellington became the first person to be presented with the Sir Ian Barker published article award for the third time, in the 2019 Legal Writing Awards. The book marks the completion of his 2016 Professor Colón-Ríos notes that up until now, “Constituent power is often seen as an Marsden Grant worth $420,000, which legal literature has associated constituent power obscure or even mythical concept used by allowed him to engage in four years of with extra-legal acts like those that take place constitutional and political theorists, so the intensive research and writing on the during political revolutions. extent to which it has been present in the relationship between constituent power constitutional practice of different jurisdictions, and constitutional law, and saw him “What my book does is to show as I show in the book, will surprise some publish over 20 journal articles, chapters, that, contrary to this view, scholars,” says Professor Colón-Ríos. and presentations. The work of research constituent power has historically He has been happy with the academic assistants Jhonny Antonio Pabón Cadavid, been treated as a juridical concept, response to the book thus far, which has seen Alec Duncan and Luna Arango was also a concept that can aid us in the strong interest from journals and colleagues fundamental to the success of the project. making of determinations of in Europe, Latin America, and Australia in “Constitutional law is an area of law, just legal validity.” organising symposiums and events to launch like contracts or torts, but it also provides the the book. basis for the organisation of the state and the “For example, the idea that ‘constituent power exercise of political power. I have always been belongs to the people’ has allowed courts in fascinated by that latter aspect of constitutional different jurisdictions to declare the invalidity of law, because what lies behind it are fundamental constitutional amendments. Those courts have choices that determine the type of political determined that if an amendment adopted by Professor Claudia Geiringer Professor Richard Boast QC Nathan Tse and economic structures within which we live. the legislature entails a change so fundamental Professor Geiringer’s article ‘When Constitutional Professor Boast won the JF Northey Award for Nathan Tse was an honours student at the Constituent power, the power to create new that it amounts to the creation of a new Theories Migrate: A Case Study,’ was awarded his book The Native/Maori Land Court Vol 3, University in 2019. He was awarded one of the constitutions, is what makes those fundamental constitution it would be invalid, as it the Sir Ian Barker Published Article Award at the 1910-1953: Collectivism, Land Development Undergraduate Paper awards for his dissertation choices possible,” says Professor Colón-Ríos. would invade the exclusive constitution- 2019 Legal Writing Awards. The article “displayed and the Law, the third volume of a study of ‘Decentralised Autonomous Organisations and A commissioned review of the book making jurisdiction of the people.” remarkable and comprehensive coverage of an major significance to the ethno-jurisprudence the Corporate Form.’ The dissertation assesses in Political Studies Review by Dr Daniel While completing his study, he found acclaimed American constitutional theory”, the of Aotearoa New Zealand. It covers the period through a legal lens, the advantages claimed Rosenberg notes, “Joel Colón-Ríos laid out what himself surprised by the frequency with adjudicator of the awards said. between the Native Land Act 1909 and the 1953 for databases on the internet like Bitcoin, using could be described as an intellectual biography which political actors, lawyers, and Professor Geiringer is the first person to be Māori Affairs Act. ‘blockchain’ open access and self-executing ‘smart of the concept of constituent power across 10 commentators, particularly within the presented with the Sir Ian Barker Published Professor Richard Boast QC is a specialist in contracts’. information-packed chapters. The strengths of 19th century, deployed the concept of Article Award for the third time. She was legal history, Māori land law and property law. He the study are in the historical and conceptual constituent power to advance different legal previously presented the award for ‘Tavita and has considerable experience in private practice The Legal Research Foundation arguments it lays out.” arguments. All That: Confronting the Confusion Surrounding and has appeared before the Māori Land Court awards are held annually to Unincorporated Treaties and Administrative Law’ and the Waitangi Tribunal on many occasions both acknowledge the legal writing of (2004) 21 NZULR 66; and ‘Sources of Resistance as counsel and as an expert historical witness. In New Zealand-based authors. Victoria to Proportionality Review of Administrative Power 2015 Professor Boast was appointed as a Queen's University of Wellington’s Law School under the Bill of Rights Act’ (2013) 11 NZJPIL 123). Counsel in recognition of his contributions to New took out three of the four prizes for Professor Claudia Geiringer joined the Faculty Zealand legal-historical scholarship. 2019; the JF Northey Memorial Book of Law in 2002. Her teaching and research are Award, valued at $2,000; the Sir primarily in the areas of the New Zealand Bill of Ian Barker Published Article Award, Rights Act, constitutional and administrative law, valued at $1,500; and the Unpublished comparative constitutional law and the laws of Undergraduate Student Paper Award, Parliament. valued at $1,000. Professor Joel Colón-Ríos

Page 20 Victoria University of Wellington Faculty of Law Page 21 V.ALUM 2020 V.ALUM 2020

A snapshot of 2020

Victoria University of Wellington Law Students’ Society 2020 Executive.

Dr Maartje van Putten, Chair of the National Contact Point (the Netherlands), joins the New Zealand Centre for Public Law (NZCPL) to discuss ‘Business and Human Rights’.

A panel of experts, including Rt Hon Alumni from Australia, Sir Geoffrey Palmer, discuss the Pacific Islands and key developments at the Asia reconnect via an 2020 Government Law online reunion amidst the Year in Review. COVID-19 pandemic.

Dr Matteo Solinas (right) welcomes Recipients of the 2019 Professor Alberto Professor Geoff McLay Staff and students gather in the Socrates Room of Old Iain MacNeil to the Faculty of Law. Faculty of Law prizes Costi with his book Public celebrates the launch of Government Buildings to witness the live broadcast of the gather at the 2020 Law International Law: A New alumna Lucy Revill’s book judicial review challenging the legality of the COVID-19 Dean’s Reception. Zealand Perspective. The Residents. lockdown—Borrowdale v Director-General of Health.

Guests gather for the Dr Zoë Prebble’s teaching Professor Campbell McLachlan QC and The Honourable visit by United Nations High assistant was a hit with her Justice Glazebrook present ‘Populism, the Pandemic and Representative for Disarmament students during lockdown. Prospects for International Law’. Affairs, Ms Izumi Nakamitsu.

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GRADUATING ADDRESS Environmental Law Initiative Fletcher Boswell, Class of 2020 offers research funding for staff and students After a challenging year completing his studies amidst a global pandemic, Fletcher Boswell felt incredibly privileged for the opportunity to address the graduating class of 2020. What if… a new philanthropic fund established by the This project is concerned with the ability of national legislation to Environmental Law Initiative (ELI) Trust allowed both staff and protect the environment in a situation where local authorities have students at the University to conduct research on environmental jurisdiction over environmental resources in their area. “I want to start by thanking Victoria University of Wellington and the To those family members and law topics in four very different areas? On receiving funding from the Trust, Sarah said “The law remains Graduation Office for allowing this event to go ahead. Much like an friends here today—while the This year, research grants have been awarded by the ELI Trust to our best instrument for protecting the environment. By focusing on this 8.30 am lecture after T-Shirt Night or a Commerce Stein, I am sure certificates that were posted to Professor Catherine Iorns Magallanes, Faculty of Law; Dr Ocean Mercier, relationship, this fund supports research examining how the law may do it would have been tempting to opt for a recorded version to be us over lockdown had our names Head of School at Te Kawa a Māui; Dr Sarah Monod de Froideville from better in this regard. It has enabled me to employ a research assistant to watched from the comfort of our bubbles or flats. But particularly on them, the achievement is just the School of Social and Cultural Studies; and Laws tutor Jonathon help with data collection and the first stages of analysis for my project.” after the year that has been, there is something special about being as much yours as it is ours. Mum Sylvester. The ELI has also helped to fund the Wellington Community Justice able to celebrate the last three, four, five—dare I say six—years and Dad, I am sure having to put up Each of the four projects that have received funding aims to make a Project, which is a student-led investigation into the environmental together in the same room. with years and years of unsolicited positive difference to the protection of New Zealand ecosystems and and resource law issues relating to the quarrying of Te Weraiti a tūpuna And what a ride it has been. We have survived thousands of hours of hot takes on anything to do with law or biodiversity. maunga in Okauia Matamata. lectures, tutorials and revision, several earthquakes, the MyAllocator tutorial commerce (and often things that weren’t) has Ocean Mercier says “Māori understandings of one of the most Jonathon Sylvester says, “Our project will unpack the legal issues signups, a global pandemic and the best efforts of our friends at Krishna food no doubt tested your patience. But also, to all the loved ones here today, and fundamental laws of nature—physics —can be found in oral histories for Tangata Marae looking from the resource consent decision that to talk us into yoga and veganism! If all those tossed together don’t build to those who could not attend, I am sure I speak for all the graduates when I such as whakatauki (proverbs), which embed natural laws alongside continued the quarrying of their tūpuna through to the environmental a sense of camaraderie—I’m unsure what would. But through all of this, I say thank you for everything you have done for us. Thank you for listening to social laws. Whakatauki can reveal longstanding, deep and practical issues to the water flowing from Te Weraiti. remember being told when I started at Victoria University of Wellington that stories about 200-level finance papers and responding with “oh that sounds relationships with ‘te whanau o te taiao’, but to our knowledge have “The ELI Research Fund has given us the opportunity to visit Tangata university is a team sport. It is not something that you can do by yourself and interesting”. Thank you for the care packages and thank you for pretending not been examined from this specific lens. Thus, whakatauki and our Marae and connect with the community. As students, undertaking it is not designed to be approached that way either. So, it is fitting that we sit that our complaints of self-inflicted all-nighters to get an assignment in, understandings of them have as yet unknown potential to influence research to help a community can be difficult and the fund has created here today surrounded by our team; our family, our friends, our lecturers, our came anything close to the trials and tribulations you experienced raising us. contemporary New Zealand environmental law.” the opportunity for us to lend our skills to Tangata Marae.” tutors and so many others who have helped us, supported us and stood by Now, at the risk of sounding like a philosophy student or a first-year Her project ‘Natural Laws: Physics in Whakatauki’ will examine more The fourth project to receive funding, ‘A Fundamental Environmental us through our time at university. tutorial icebreaker, it is worth reflecting briefly on what comes next for us than 2,500 whakatauki from Ngā Pēpehā o ngā Tīpuna (Mead Rule of Law’, will look at how an environmental rule of law could be The first part of that team I want to acknowledge are the lecturers and as graduates. We have finished university at a strange time and the world and Grove, 2001), extracting those relevant to physics for ‘developed’ (or discovered) within the legal system. It will involve University staff. It is hard to articulate how generous you all are with your time is looking like a very different place to when we finished that final exam or further thematic analysis. Her analysis will be coupled drawing from various examples in New Zealand and other jurisdictions and how much you care about the students at the University. handed in that final assignment. But despite this change, it is hard not to with a scan and comparison of how iwi environmental of rights and principles being drawn from the common law to provide There are University staff, like Colin (Security Guard, Pipitea Campus), who be excited about the next stage for us. It is hard not to be excited when— management plans and other selected media are an argument of why a fundamental right to a clean environment should would walk around telling people the library was closed and make sure they although we are dispersing into different careers, cities or causes—we have using whakatauki in relation to environment planning exist within New Zealand law. were getting some down-time in; or our tireless administrators, like Pauline already seen that our cohort is one that wants to and in fact can make a and management. The hope is that the research and findings can be used by lawyers Castle (Senior School Administrator) who, regardless of how busy she was, difference in these areas that we choose. It is hard not to be excited when— Sarah Monod de Froideville and judges to provide evidence and put forward an argument for this always made time to check in on students who looked a little stressed out to even if tertiary education is unfortunately still a privilege in our society—each has received funding for her environmental rule of law. tell them things would get better. graduation cohort looks more and more like Aotearoa. And part of this is that research, ‘Whose interests This partnership is a great example of how important philanthropy is And there are our lecturers, like Professor Yvette Tinsley, who encouraged our cohort has more than an opportunity but indeed a responsibility to use are protected?—The to the University. Without relationships such as this, research projects us to go to the District Court so we could see first-hand the effects of New this education to push for a better New Zealand. It is hard not to be excited case of the EPA Board like those being funded by the ELI Trust would be unfeasible. Zealand’s criminal justice system, teaching us to think more critically about when—although our society and even the world is currently being gripped of Inquiry decision Jasmine Cox, who is working alongside Professor Iorns on her project where we find ourselves; or Professor Geoff McLay, who cared so much about by major health, social and economic challenges—we have just received regarding Te Puka says, “I am so excited and honoured as a student to be part of this building a sense of community at the Law School that he would turn-up at a world-class education in a very cool little capital city with very uncool stream in the research project. This scholarship enables students to use skills they’ve 7.00 am for a Friday morning run with the students—his tiny dog Coco in tow. weather, giving us the foundation to take on these challenges. Transmission been learning for years, to contribute to a tangible project— But never have I been so proud to be a student of this university than in New Zealand is not a country that is renowned for gushing over milestones Gully project’. an opportunity we seldom get at university. It will also allow me to 2018 when, during a protest against gendered violence and bullying in the law, and Kiwis tend to play-down achievements. But the achievement of continue developing research skills over the summer break and learn our lecturers led by Professor Mark Hickford not only encouraged us to leave graduating today is one worth celebrating and one worth celebrating with about something I am truly passionate about—which might have a class but joined their students in advocating for a better legal profession. the people we love. So, thank you everyone for being part of the last six significant impact.” The people behind me are more than just staff members, they are role years, congratulations on what you have achieved and good luck for the next Professor Catherine Iorns Magallanes models whose passion for their subjects is rivalled only by their concern for chapter—I’m excited to see what comes next.” (right) and Jasmine Cox their students. Thank you.

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“DEEPLY REWARDING” CAREER FOR LAW ALUMNA Victoria Hallum

Is it any surprise for a well-travelled Kiwi who once called home an “I had to get an extension for my LLM “It was a great opportunity to get to know a more formal, a lot of visiting lecturers, people island in Canada’s immense Hudson Bay to be high up in the Ministry because I was posted on my first posting, to country from the inside over a four-year period who are practising particularly in public and of Foreign Affairs and Trade (MFAT)? New York, to New Zealand’s mission to the and develop some expertise on what was going international law. United Nations (UN). At the end of that I on there and what the opportunities for “A lot of people working in the public did a Master’s at the LSE (London School of New Zealand were.” sector are taking part in courses, and the Law Te Herenga Waka—Victoria University of “I was a New Zealander, but didn’t really live Economics), and then eventually finished the A recent highlight was leading the ministry’s School, being situated in the middle of town Wellington Faculty of Law alumna Victoria in New Zealand until I was 14. My parents were Victoria Master’s.” work on the “Christchurch Call to eliminate opposite Parliament and the Beehive, feels very Hallum is Chief International Legal Advisor school teachers and they moved around a lot— Working as a diplomat and international terrorist and violent extremist content online”, integrated into the capital city. So I would say it at MFAT, a barrister and solicitor of the High for no particular reason other than inclination. lawyer at MFAT has made for a deeply an initiative of Prime Minister Jacinda Ardern is a great place to do law.” Court, and has worked on high-profile cases “We lived in various places in Canada, ranging rewarding and varied career. and President Emmanuel Macron of France Victoria is currently the most senior that have made a huge difference to New from the big city of Toronto, to the Belcher Going to the World Court in 1995 and “standing following the March 15 terror attacks. international lawyer in the New Zealand Zealand’s global standing. Islands (Sanikiluaq) in the middle of Hudson alongside others with wig and gown at The Hague “The two leaders took an initiative responding government system and manages a legal team These include the International Court of Bay, in the Inuit part of Canada. And also at the Peace Palace” was an early highlight. to the terrible issue of terrorist content being of 25 lawyers at MFAT. Justice’s “Nuclear Tests” case challenging Atlantic Canada, New Brunswick, in the eastern “We didn’t actually win that case, as there spread online and the way the attacker in the “That is an awesome responsibility, in both France’s underground nuclear tests in the Pacific, provinces. We had time in Spain too.” were some complex legal issues to establish Christchurch atrocity weaponised the internet meanings of the word ‘awesome’. the New Zealand-China Free-Trade Agreement, She says she hasn’t come across many other our standing to take the case. And those didn’t for his terrorist purposes. “International law is constantly changing and and the “Christchurch Call” on online terrorist Kiwis who lived in Hudson Bay. succeed. But the mere taking of the case “This required the ministry to bring together a wide-ranging. One day I might be talking to my content in the wake of the March 2019 mosque After completing law and arts degrees at the helped advance New Zealand’s commitment to team to deliver a significant diplomatic initiative staff about a dispute case we have on a trade attacks. University of Canterbury, and a few years in a a world free of nuclear weapons.” for the Prime Minister over a short period. It was matter, relating to one of New Zealand’s exports. Victoria, who completed her Master of Laws large law firm, she got a job at MFAT in 1995. France stopped its nuclear tests shortly after. good to do this with a country that I knew well “The next day I could be talking to others who (LLM) at the University in 2003, followed the “My association with the University happened Her time at the UN from 1998 to 2001 from my posting. It was also very interesting to are advising on maritime border issues related road to MFAT after an itinerant childhood. because Foreign Affairs was nice enough to give was “fantastically interesting and rewarding”, work with the tech companies and civil society to COVID restrictions or those participating “There’s a connection, I think. Those of us me a job without me knowing anything about and involved work on the formation of organisations focused on the internet and in UN discussions on the law applying to who grew up moving around feel quite normal international law. The head of the division said the International Criminal Court, the first human rights. cyberspace.” with the foreign affairs rotational cycle where you might like to go up to the University and do permanent court with the mandate to “Terrorist content online is one of these Victoria, who has a 23-year-old son working you are constantly changing. the stage 3 paper. Then I continued and started prosecute for war crimes and other serious wicked problems. The internet is a challenging in the United States and a daughter aged 17, has my Master’s part-time while working full-time. crimes against humanity, as well as work on entity in that no-one owns or governs it, but been a Red Cross refugee support volunteer, oceans and the law of the sea. we all want to benefit from it. We need to find helping a newly arrived refugee family settle in to From 2004 to 2008 she was the legal advisor ways to make it not just free and open, but New Zealand. on the team negotiating the China Free-Trade secure and not prone to misuse. She took up her job as MFAT’s Chief Agreement. “The Christchurch Call has brought about International Legal Advisor/Kāhui Kaitohu Ture “New Zealand was China’s first FTA with a concrete improvements to how well countries at the start of 2017. developed country. One of the things I really and companies can respond to those kinds She highly recommends MFAT foreign affairs appreciated about this was how we got to of actions when they occur. But it is a call-to- and international relations as a career for those know the negotiators on the other side so well action which requires ongoing work.” with a legal background and an interest in how over the three years of negotiations. New Zealand makes its way in the world. “We might be going hammer and tongs in the Law appealed because of the role negotiation, as we each tried to get the best of argumentation—“the battle of possible deals for our own countries, but you words appealed”, she says. are going out for lunch together, having drinks “I did enjoy my time at Vic and I still have together and getting to know them as people an association with the Victoria Law School as well.” through my ongoing relationship with the Victoria stepped away from a legal role when international legal academics there. she was posted to Paris as the Deputy Head “I found the School was very well integrated of Mission of the New Zealand Embassy and with the public sector in Wellington – there Permanent Representative to UNESCO from is a lot of interaction, both informal and a bit Victoria Hallum 2008 to 2012.

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THE ACCIDENTAL LAWYER Nicholas Wood

The full weight and majesty of the law took a while to percolate for Faculty of Law alumnus Nicholas Wood.

Something of a self-confessed accidental “Virtually all of this is accidental, really. After I had completed law “That was one of the highlights. I’ve really enjoyed that mentoring of of course I can do that’. And then once you’ve committed to it and get lawyer at first, Nicholas is now special school, I got a job at Chapman Tripp as a law clerk and we were allowed less experienced staff, helping them build up their skills and confidence.” into it, you realise, ‘oh, this is a ton of work’. counsel in litigation and dispute to do rotations in our first year. Nicholas recalls his first solo appearance for a substantive hearing in “I was writing between 2015 and 2018, so that’s evenings and weekends. resolution for Chapman Tripp in “The idea was we would have one-third of the year in one department, the High Court and how nervous he was. I was holding down a full-time job and writing a book from scratch. Wellington. one-third of a year in another and then the other third doing the profs “I was sick with nerves beforehand. Nicholas studied French through high school and university, and after He is also a prize-winning legal course, which you have to do before you are admitted to the Bar. “I remember getting a question somewhat out of left field from the his conjoint degree also completed a BA (Hons) in French. author, capturing the J F Northey “I originally thought I’d want to end up in one of the commercial judge on a particular point of statutory interpretation, but if you’ve “Something I did twice there was appear in plays that were staged Memorial Book Award last year teams but that it would be useful to have a little experience of litigation done your preparation (as I had) and read widely, you can usually find a towards the end of my time at the University. Both were comedies by with his academic text Sale of first, just to get the flavour of what it is like. creditable and sensible answer. Molière, whom English-speakers can think of as France’s equivalent of Goods in New Zealand, published “So I started on my supposedly three-month rotation in the litigation Shakespeare. in 2018. department—and I haven’t left yet.” “Once you get into the swing of things, advocating in “The first was Tartuffe, and I played the title role. I’m very introverted, Nicholas recommends studying Nicholas says he enjoys litigating because it is problem solving. court can even be pleasurable. But I still get nervous but fortunately the director, one of my French lecturers, wanted my law but says “you have to be patient”. before a hearing.” glasses off for the role. “It took a while for me for the law to gel. “You are trying to sort out people’s disputes for them, “Since I’m extremely short-sighted, the advantage of glasses off was I I didn’t really enjoy it for the first few years— or maybe even trying to make sure they don’t get into a Nicholas relished his time at the University but says it was hard work, couldn’t see anything, and it’s impossible to get stage-fright when you it didn’t seem to make sense to me straight away, dispute in the first place. particularly studying law. can’t see the audience. But you can hear them when they laugh. it was more something that you absorb. “It was the people that made Vic such an enjoyable experience. Across “I remember one night the audience just lapped up the comedy and “You can do well, and memorise information and regurgitate it—I “And you’re not always dealing with individuals or organisations when law, French and politics, there were great and personable lecturers— the whole cast was on fire—it was an enormous rush to get such a good could do that—but to see the bigger picture, that took years. they are at their best, which can be challenging. including a few characters—who inspired and who also pushed you to audience reaction. “I’m still not entirely sure why I chose law. It looked interesting, and “Litigation is quite varied. You get to look into other people’s do your best. “The second play was Les Fourberies de Scapin, another comedy, the unique blend of logic and language appealed to me. I also figured it businesses or industries, and you know nothing about their line of work “I enjoyed my time in the Faculty, particularly in the last two years and I played the role of Géronte, one of the two old men in the play. It would provide a way to make a living. to start with and you leave knowing quite a fair bit. when I began to feel that I might actually understand this ‘law’ thing. But was glasses off again, as the (same) director this time wanted me to “But I never did law thinking, ‘oh yay, I’ll get to be in a courtroom “I did a lot of work over the last 10 years on Canterbury earthquake once I’d completed my degrees, I really wanted to try my hand at private wear a face mask portraying me as a somewhat and how dramatic it will be’. As it happens, I am in litigation, so I am claims for an insurer, trying to sort out disputed insurance claims. Even practice. caricatured old man. in courtrooms occasionally. But ideally you would resolve your client’s though you are acting for the insurer, you are not going to get a good “I was sure that I could have done postgraduate study and had a “Both plays were a real dispute before you get to a courtroom.” result unless, to some extent, the homeowner can be brought along. So successful career as a legal academic, but I wasn’t so sure whether I’d challenge to memorise the Nicholas was born and raised in Masterton. His family moved to you’re always looking for a resolution that will be robust and sustainable. be much chop in practice. After nearly 20 years in practice, I think I’ve lines in French and deliver Palmerston North when he was 12, where he stayed until he shifted to “A couple of earthquake trials I acted on, in 2017 and in 2018, were almost figured out what I’m supposed to be doing! them with verve.” the capital aged 17 to study at Te Herenga Waka—Victoria University of complete victories for our insurer client. In each case, the claim was “One of the advantages of doing law at Te Herenga Waka is, of course, While it is also easy to get Wellington. that the home was very badly damaged and needed to be rebuilt. And in the proximity to the Court of Appeal and the Supreme Court, which stage-fright in a courtroom, Nicholas He has been in Wellington ever since. both trials the High Court found, no, it’s not badly damaged or damaged didn’t exist in my day, so you can go along and watch appellate cases if says he makes a point of keeping his “I remember I wasn’t happy to leave Masterton—children are never at all and it certainly doesn’t need to be rebuilt. that takes your fancy. glasses on in court. happy to move. In hindsight, though, the move was well-timed. As a “Each of those trials lasted about two weeks. They were very factually “I also found the Faculty offered quite a wide range of courses at 300 teenager, Palmerston North had more happening. involved—we were going over each house, the foundations, the roof, level, which helps round out your legal knowledge, even if you don’t “When we moved there, it had just opened New Zealand’s first the inside, the outside, room by room, down to the kitchen cupboards, end up using what you learnt in Law and Literature or Comparative multiplex cinema complex (in 1990), Downtown Cinema 6, which was basically every crack that could be found Constitutional Law in your day-to-day legal practice.” one way for a teenager to keep out of trouble.” “To have mastered something as factually detailed as that and have Outside work, Nicholas reads a lot of non-fiction and tries to keep up At the University Nicholas completed a conjoint LLB (Hons)/BA, in the court agree with you 100 percent and say, ‘actually you’re right’, was his French. which he did a double major in French and politics. very satisfactory.” As the author of an award-winning book, he says there was “a lot of “So I had a higher workload for five years, starting in 1996. If you were Most of his litigation work has been in the High Court. During the naivety involved”. doing a conjoint degree, as I did, it was actually the fourth-year when earthquake cases he had felt “more like a project manager”, supervising “The publisher approached me about writing a book for them, and at you started to choose courses that interested you. up to 30 other lawyers. first you think, ‘I just have to write something, it won’t take too long, yes

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Family ties to law school New faces at

Old Government Buildings When Dr Marie Bismark began studying at Te Herenga Waka—Victoria University of Wellington Law School in 2000, she had a six-week-old baby with her. When she finished her degree, she was eight months pregnant with her second child, Stella. Introducing Introducing Dr Bjørn-Oliver Magsig Marnie Lloydd

Stella now attends the same law school She is currently involved in a study focused her mother graduated from, 19 years on the wellbeing of health practitioners, to At the beginning of 2020, Dr Bjørn-Oliver Magsig joined the Faculty Marnie Lloydd, an alumna of on. Professor David McLauchlan is one of the understand the impact of the COVID-19 pandemic of Law to teach Climate Change Law and Policy, Law of Freshwater Victoria University of Wellington, lecturers the mother and daughter have in on front line staff, and she and her team have Resources, and Property Law. joined the Faculty of Law in common, along with Professor Petra Butler just completed the world’s largest study of sexual What inspired your interest in the law and the environment? September 2020 to teach Migration and Professor Geoff McLay. misconduct in the health professions. A healthy environment is central to our very existence and I have always and Refugee Law and Comparative “One of my strongest memories from “I am very interested in the interface of law been interested in the complex challenges which hamper effective Indigenous Law. law school was a personal one. One of our and medicine,” she says. cooperation on protecting the environment. I am convinced that law has What has been your career path leading classmates had brought a shared lunch, and “One of my other roles is working as a a key role to play in bridging the gaps between knowledge and action, and up to your current role at the Faculty of Law? I couldn’t keep it down. I soon realised it was psychiatrist with the Royal Melbourne Hospital, between inaction and responsibility. These issues are in my view the most During my career I have been involved in legal work with the United morning sickness, and was overjoyed,” says Dr and North Western Mental Health, and part of critical of our time. Nations Refugee Agency and the European Centre for Minority Issues, Bismark, who had previously studied medicine that role is applying for tribunal orders, which I What made you choose Victoria University of Wellington? but my main professional experience is as a Delegate and Legal Advisor at the University of Otago, as well as doing part enjoy thanks to my legal background.” The Faculty of Law includes a portfolio of locally and internationally with the International Committee of the Red Cross (ICRC). That saw me of her law degree there and at the University of Meanwhile, Stella is in her second year of focused research and teaching. Having worked in numerous countries working in conflict zones including the Democratic Republic of the Congo, Auckland. study of law and biotechnology at the University, around the world on cross-cutting environmental issues of global Chad, Ethiopia, Sri Lanka and Afghanistan. When Dr Bismark was close to graduation, working towards a BSc/LLB. She and her partner relevance, I believe the Faculty provides both a fantastic space to What are your research interests? Professor McLauchlan took her aside and asked also run their own Taekwondo studio Mozhdeh continue that work and new opportunities to expand this research in At its heart, my research is interested in how law both allows or facilitates her what she wanted to do with her career. “I Martial Arts, in Paraparaumu. Stella is on the the Pacific region. Being an academic is a privileged vocation. Through and seeks to regulate and prevent violence and armed conflict. Those said, ‘in ten years I’d like to be working in the New Zealand Taekwondo team and is hoping academia, I am challenging others to engage with these critical issues. tensions within the law underlined my doctoral research undertaken at medical human rights space’ and he said, to be able to represent her country at the What do you consider the highlights of your career to date? Melbourne Law School as the recipient of the University of Melbourne’s ‘why wait ten years’, and introduced me to Olympics in 2024. The highlights of my career are where I have had the opportunity to translate Human Rights Scholarship. My research considered the history of Ron Paterson, the then Health and Disability “I went to high school in Melbourne, but was academic research into high impact work. For example, I was invited by international legal debates surrounding key examples of foreign fighting Commissioner.” born here, so studying here felt like coming Dr Bismark is grateful that Stella is safe The Hague Institute for Global Justice as an expert in international law throughout the 20th century to today. “One conversation changed the shape of my home,” says Stella, who checked out other in New Zealand, as she undergoes a second where I took part in the Geneva Initiative negotiations on ‘Water as a What do you consider the highlights of your career to date? career and life, and I still work with Professor universities, but liked the atmosphere here, and lockdown in Melbourne, and that she can Permanent Status Issue in the Israeli-Palestinian Negotiations’ and advised Working with the ICRC gave me the privilege of going to places and Paterson at the University of Melbourne. I really enjoyed her time at Katharine Jermyn Hall. continue with her sport, study, and business. the delegates on international law and human rights issues concerning encountering situations and people that I would otherwise never appreciated that side of the culture of the The COVID-19 impact their latent conflict over freshwater resources. I was pleased to see that the have been exposed to. Experiences have ranged from long field trips School, I felt like I was valued for my future as “I think that the most important fruitful discussions during the seminar led to several collaborative projects in the desert, being held up at gunpoint by armed rebels and fleeing Stella had a lot of sympathy for lecturers as well as for my current status as student.” thing law school taught me is simply between the generally hostile parties. from gunfire, sitting with victims of sexual violence and torture, seeing COVID-19 hit, because she was also forced to “Another thing I loved about the Law School how to think. premature babies at Kandahar hospital, reuniting families displaced adjust to the Zoom format for giving lessons for What do you enjoy doing in your downtime? was how supportive they were of students by conflict, and talking with detainees in many different countries, to her Taekwondo group. “I appreciated the huge I love being in the outdoors and adventure from diverse backgrounds. Both myself and I won the Harkness fellowship to Harvard discussing high-level international legal issues at US CENTCOM in Florida, amount of energy and commitment required by travelling with my family. We have been my classmate Tania Te Whenua had small University in 2004, and I found it daunting at the Pentagon and at the UN in Geneva. The horror and the exquisite the lecturers in moving to deliver lessons online, fortunate enough to spend time tramping babies, and there was a creche onsite we could coming from New Zealand to such an incredible beauty are all highlights. put them in, and Petra made sure we had while struggling initially to get back into the swing institution. I soon realised how well I had been in the Italian, Austrian and German Alps somewhere to breastfeed throughout the day.” of things. In-person lectures are much better.” prepared by law school to think critically, and and cycle touring along the Baltic Sea. What was it like joining the Faculty during the COVID-19 pandemic? Dr Bismark holds a variety of roles and While she hasn’t had time to join any clubs, engage with the issues that matter.” My favourite things to do in Wellington COVID-19-related issues actually delayed my joining of the Faculty by directorships, lecturing in Health Law at Stella is involved in the Wellington Community Asked whether her mum gave her any great include discovering the wild beaches a number of months and made packing up and moving internationally Melbourne Law School, and heading the Law Justice Programme, a student-led charity at advice when beginning her University years, and coastal walks of the south coast rather complicated. After many months in Melbourne without being able and Public Health Group at the University of the Law School. “I am helping to set up the Stella said, “she just put me on the plane.” and then relaxing with a flat white in the to see friends and colleagues in person, it has been so wonderful to be Melbourne. She is a director of Melbourne’s website for Asylum Seekers Equality Project, Dr Bismark added, “I don’t think I’m a great advice- many fantastic cafes. able to work alongside colleagues and students face to face. Royal Women’s Hospital and Summerset which aims to help asylum seekers in their giver, Stella is so capable and independent, if Aged Care. human rights appeals.” anything she would be giving me advice.”

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A world-renowned expert in teaching doctoral and Master’s courses at Vienna’s more papers than any other legal scholar on the taxation law Wirtschaftsuniversität Wien. Social Science Research Network (SSRN)’. This Forty years the charm information was a surprise, but it vividly illustrated Professor Prebble is one of only three professors The internal contradictions of the power of SSRN to overcome the tyranny of who have been appointed Queen’s Counsel on the taxation law allows for loopholes distance between New Zealand and the rest of the basis of tax law scholarship—ever. The others are Tax law’s internal contradictions, says Professor international scholarly community. SSRN became Professor John Prebble QC is now Emeritus Professor, after 40 years from England and Canada. Prebble, enables it to be manipulated in ways crucial to my efforts to place the Faculty of Law at dedicated to the staff and students of Te Herenga Waka—Victoria People occasionally question whether tax law that create loopholes that are exploited for tax the forefront of research.” University of Wellington. should have any place in universities: the stigma avoidance. “There are several big international Professor Prebble founded and edits an SSRN that, for some, attaches to the practice of tax law cases where courts have held in effect that law e-journal, Victoria Wellington University Legal can carry over to academia. But Professor Prebble was used in ways that parliament wouldn’t have Research Papers (VUWLRPS). He changed the His mentorship of others, as well as his “Some of my early clients were junior colleagues, Skilled Migrants programme, founded and agrees with Justice Oliver Wendell Holmes that permitted had they thought about it. Inland standard model, to add circulation to students, connections within Wellington city, his all in departments other than law, who were coordinated by his wife, Nicky Riddiford, a senior “Taxes are what we pay for a civilized society”. Revenue’s wins in respect of arrangements in who generally maintain their subscriptions dedication to equal opportunities, his victims of sexist behaviour on the part of staff teacher in the English Language Institute. He fell into tax law by chance, moving back Eric Watson’s Cullen Group and Danone’s after graduation. VUWLRPS now has over 9,800 expertise in tax law, and his extensive or students. Some was advertent, though most The Programme continues today. It helps to New Zealand after completing first a Bachelor investment in Frucor are recent examples.” subscribers, mainly legal scholars and alumni, the publishing programme have played a part in was inadvertent. All was unacceptable and some skilled migrants to thrive in the professional and of Civil Law (BCL) at Oxford University, then a By most standards, New Zealand’s tax laws are third largest of any SSRN legal e-journal, with over elevating him to Emeritus as he retires. egregious, though, thankfully, none plumbed the commercial job market. “While the University had Doctorate of the Science of Law (JSD) at Cornell good, he says. “We don’t have a lot of industry- 150,000 downloads, contributing considerably depths revealed by the Me Too movement. I tried good funding for the programme, Nicky realised University in the USA and after practising, finding An effective and generous mentor based incentives in New Zealand. We are also to the excellent international reputation of the to help, though the culture in several disciplines that participants needed opportunities to speak to a teaching position in tax law at the University of Emeritus Professor Prebble is known as an better at taxing the income of companies than Faculty of Law. was challenging. Some years later the University professional New Zealanders and to get practice in Auckland. effective and generous mentor to many at the most other countries.” picked up the mentorship idea and extended it to employment interviews,” says Professor Prebble. “I had studied law for nearly nine years, but University. He began as a mentor for women One thing we are missing is a capital gains all academics.” “There was a natural fit with the Rotary Club, almost no tax law. That gap was challenging when academics. He says, “A collective of female tax, something he has been writing and working His niece, Dr Zoë Prebble, who is a former with members visiting every week. Members of composing lectures, but it gave me an unusual academics was seeking senior women as mentors. in support of since the 1980s. The closest New student and current colleague says, “John has the Club also address students about the New outsider’s perspective on tax, which I found Someone left an application form lying about. I Zealand has come to a capital gains tax was in an expert eye in spotting talent in students, Zealand constitution and workplace laws and interesting but unusual. Compared with other completed and returned it. Being broad-minded, the late 1980s, he says, but such was the furore and tends to scoop up bright students early in culture. Sir Anand Satyanand, a former Governor- law, tax is extraordinarily disjointed. I couldn’t the collective accepted me. that a coalition against the tax was led by a retired their law degrees as his research assistants. He General, and Lady Susan Satyanand conduct a initially see why that should be, but the evidence Governor-General, and supported by the Police frequently co-publishes with these students, and module on New Zealand citizenship. The club also is abundant. For example, governments often Association. acts as a generous mentor.” initiated the University’s long connection with The need several tax reform statutes in any one year, This mentorship also applies within the family. Johnson Group, which arranges internships for the something that does not occur in other law.” “If anybody tries to repair holes, He has published chapters and papers alongside students, a core element of the programme.” “Analytical legal philosophy is well established his daughter Rebecca Prebble (now Chief Policy The relationship he developed between as that government did, it causes all as a discipline, though no scholar of legal hell to break loose.” Advisor, Ministry for the Environment) and Zoë, the University and Rotary Club, along with his philosophy had directed its light onto tax law, about tax avoidance. Zoë Prebble and John mentorship, played a part in Professor Prebble’s and no tax scholar seemed to employ the tools New Zealand remains on a short list of Baroque music and joke breaks Prebble’s paper on morality and tax avoidance winning of the Equity and Diversity Award at the of analytical philosophy. It occurred to me that developed countries that have no formal capital Emeritus Professor Prebble is also known for his consistently scores the most downloads of a 2013 Staff Excellence Awards. His initiation of unique manner of teaching. He plays baroque analysing tax law from the perspective of the great gains tax. paper by New Zealand legal academics. a quota to ensure larger numbers of Māori law music in the background of each of his lectures, philosophers of law might shed some light. It did. Professor Prebble has been on government to aid with retention of information. These papers merge the disciplines of students many years ago also played a part in the “For instance, taxation law is based on fictions, committees across the years, including the Dr Zoë Prebble says, “This isn’t just a quirk—as philosophy and law, something which he award of this prize. which are common enough elsewhere in law. But Committee of Experts convened to discuss the with pretty much everything with John, a lot of continues to develop in his research. His current “Fairness and opportunity also plays a large part many fictions of tax law are not just fictions. They Winebox cases in the late 1990s. “As it happened, thought and research has gone into it: baroque work applies Hans Kelsen’s Pure Theory of Law to in his teaching career,” says Zoë. music has a particular tempo that is in the per- are what philosophers know as ‘ineliminable the Winebox Inquiry was still proceeding, so we the intricacies of taxation. His approach to multi-choice exams is fect range to assist the brain in absorbing and fictions’,” he says. “For instance, all of tax law had to discuss something else. I had a list of 20 particularly equitably minded. He has put a lot of retaining new information. assumes a factual difference between capital and or so tax reforms with me as we began. The list Fairness and opportunity provided thought into the pedagogy of these exams. “He also provides for two exam rooms, so revenue. From the point of view of economists, became our agenda, with additions from other students can choose to sit in one with music, for all students “John has considered how to design fair who deal with facts rather than norms, that Committee members. Across the intervening or without. He often remarks to me that most Professor Prebble has been questions: there should never be marks removed distinction doesn’t exist. Differences are just years the Committee’s recommendations were students will choose to sit in a room with the President of both the Rotary Club for wrong answers, as this amounts to assessing questions of time.” music and has based some research papers on enacted in one way or another,” he says. this fact.” of Wellington and the Wellington someone’s risk profile rather than their knowledge,” In offering courses at Auckland, and later As well as baroque music, Emeritus Professor Club. These connections says Zoë. Te Herenga Waka—Victoria University of Number one on the Social Science allowed him to establish “Focus on risk profile may seem abstruse, but it Prebble allows for “joke breaks”—research Wellington Law School, Professor Prebble Research Network indicated after 45 minutes students needed a a partnership between has important fairness implications, which John is began the sub-discipline that became known as A key part of his work throughout his career has moment to refresh. the Rotary Club and the very aware of—those who will take risks are more ‘Judisprudential Perspectives of Taxation Law.’ been his strength in the field of legal research. A “So for the past 30 years, John had made a careful University’s Workplace likely to be male.” He put together a set of materials from few years ago at a conference, Professor Prebble practice of stopping at the midpoint of classes Communications for to read a joke or two from a file that he keeps for legal philosophers for a Master’s class, and was approached by another delegate who asked, the purpose,” says Zoë. later founded Master’s courses in Wellington, “Did you know you were number one?” Melbourne, and Sydney on this topic, as well as “I said, ‘number one at what’? He said, ‘you have Page 32 Victoria University of Wellington Faculty of Law Page 33 V.ALUM 2020 V.ALUM 2020

“The assumption would be, it would stop at that British Columbia, well known for specialising in point. But in the Supreme Court a couple of judges indigenous law. Progressing started asking lawyers at the hearing if tikanga In the classroom, he encourages students to Māori has anything to say about that? think about what really engages them. tikanga Māori in law “The Supreme Court said ‘go and prepare “I hope that with working on the issues that submissions and we’ll have a hearing on that interest me I can at least convey why I am particular point’. That took place at the end of interested and that might encourage them too. June, focusing on the role of tikanga and it is one “I also encourage students to think about the The Faculty of Law’s Associate Professor Carwyn Jones of a couple of cases recently where Te Hunga Rōia groundedness of law, that it does have a real has been appointed Tumuaki Tāne of the Māori Law Society— has either been invited to intervene or applied to impact on people’s lives, and you should always Te Hunga Rōia Māori. intervene and give a particular perspective. try to remember that. “The Supreme Court has advised the appeal can continue. They haven’t given their reasons Co-President with Jamie-Lee Tuuta, indigenising the LLB degree and part of that yet, so we don’t know exactly how they are Dr Jones (Ngāti Kahingunu and Te Aitanga-a- considers how we make it more accessible and treating tikanga, but it seems the role of tikanga is inspired by the Māhaki) specialises in Māori legal issues, the attractive to a more diverse cohort of students. something lawyers are going to have to turn their Treaty of Waitangi, and constitutional law. If you can see yourself reflected in what you are minds to across a whole range of cases. mana and wisdom The initial two-year appointment comes as studying, you are more likely to engage. “Peter Ellis wasn’t Māori. But it is an argument exciting progress is being made in many aspects “As a society we want to support our members about New Zealand law developing based on of Māori law, he says. in not just pursuing that diversity among students tikanga Māori.” of Māori law “There are some very interesting things going but at all levels of the profession and amongst Associate Professor Jones’ research is primarily on in the law at the moment, in terms of a judicial appointments.” focused on Te Tiriti o Waitangi and Māori law, recognition of tikanga Māori and what we will need experts The growing recognition of tikanga Māori in the which followed his interest in the work of the our graduates to be well- law is encouraging, Associate Professor Carwyn Waitangi Tribunal in his later years at high school “It can be easy reading a case in class and equipped to engage with. Jones says. during the early 1990s. dissecting it and looking for the legal principles, “I’ve been working “Consider the appeal over the Peter Ellis “It was that combination of law and history and but you can forget this was a decision that really with Māori legal case. The Supreme Court had in the middle of politics, and engaging with the Māori world. They affected someone’s life.” academics across last year granted Peter Ellis leave to appeal the were issues that probably resonated because they As Tumuaki Tāne, Associate Professor Jones the country [Christchurch Civic Creche child abuse] convictions were talked about at home. will work closely with the New Zealand Law on a project relating back to the early 1990s. Then Peter Ellis Society and the Law Commission, organisations aimed at died and the hearing happened at the end of last “It was hard to have a conversation with which Te Hunga Rōia has recently signed year and the question then had become, should with my grandmother without her memoranda of understanding. the appeal continue, given he had died? talking about Māori land issues in “Something we have put a lot of effort into in one shape or another. recent years is engaging more with the law reform process. So we have specialist committees for Associate Professor Jones says he has been different areas of law—criminal law, Māori land inspired by the mana and wisdom of Māori law law/Treaty of Waitangi issues, family law. experts Sir Edward Durie and Moana Jackson. “For example, one of the things we try to co- “I was inspired when I saw the way Eddie Durie, ordinate is that when there’s legislation coming former chief judge of the Māori Land Court and before Parliament, with an opportunity to submit leading Treaty expert, and lawyer Moana Jackson to select committees, that we do that, particularly were writing and engaging with those issues. I on issues that affect Māori.” heard Moana speak and was really inspired.” Associate Professor Jones completed a BA in history and LLB at the University and, after a couple of years working for the Waitangi Tribunal, completed a Master’s degree at York University in Toronto in the interdisciplinary studies programme, and later a PhD at the University of Victoria in

Associate Professor Carwyn Jones (left), with Jamie-Lee Tuuta

Page 34 Victoria University of Wellington Faculty of Law Page 35 V.ALUM 2020 V.ALUM 2020

Awards, honours and appointments

Congratulations to all those in our community—students, staff and alumni—who have been recognised with awards, honours, and appointments this year. Alumni Faculty Students Student prizes for the 2019 academic year The Dean’s List for academic Judge Alison McLeod (LLB 1997) was appointed a judge Professor Bill Atkin was reappointed to the Family Law At the New Zealand Law Students’ Association A H Johnstone Scholarship in Law—Aimee Cox and Natalie Vaughan excellence in 2019 of the Hastings District Court. Section Advisory Board—NZ Law Society. conference, Anna Ou and Natalie Vaughan won the Buddle Findlay Negotiation competition; AJ Park Intellectual Property Prize—Nopera Dennis-McCarthy Madeline Alison Mitchell Fraser Claudia Monkhouse Amanda Hyde (LLB 2010) joined the Keegan Alexander Associate Professor Carwyn Jones was appointed Islay May Aitchison and Kellee Candy won the partnership on 1 January 2020, after seven years with Tumuaki Tāne of the Māori Law Society—Te Hunga Rōia Institute of Professional Legal Studies Client Interviewing A L Hollings Trust Award—Georgia Kerr Jack Apperley Marko Garlick Marcus Noakes Māori. the firm. competition; and Victoria University of Wellington Archibald Francis McCallum Scholarship in Law—Jessica Sutton Portia Baine Paddy Gerard Hannah Patterson Associate Professor Carwyn Jones was appointed a received the President’s Plate for performing the best Clayton Stent (LLB 1985) became a member of the New across all four legal competitions. Bernard Randall Prize in Family Law—Madeleine Judd Sam Baker Julia Glavovic Hugo Plummer Zealand Order of Merit for services to the community member of the Kaiwhakatara Accountability Advisory and governance. Group—established by the Human Rights Commission Jamie-Lee Tuuta was appointed Tumuaki Wāhine of the Chapman Tripp Prize—Taz Haradasa Lucie Bardoul Caitlin Goodier Courtney Powell to hold human human rights duty-bearers accountable Māori Law Society—Te Hunga Rōia Māori. Ezekiel Hudspith (LLB 2007) was appointed Special during the COVID-19 crisis. Chris Highfield Memorial Prize in Judicial Review—Siobhan Davies Anna Becroft Louise Goodwin Anna Prestidge Counsel at Dentons Kensington Swan. Jugjeet Singh was appointed the 2021 President of New Catherine Iorns Magallanes and Dr Joel Colón-Ríos Zealand Law Students’ Association. Chris Highfield Memorial Prize in Public Law—Alexandra Briscoe and Kate Haszard Maisy Bentley Alex Gordon Kaitlyn Randal Hayden Wilson (LLM 2008) was appointed to Chair at were appointed professors, effective 1 January 2020. Denton Kensington Swan. Keely Gage had her article “Māori underrepresentation Coleman-Brown Memorial Award—Arielle Tracey Stella Bismark Billie Haddleton Francesca Reedy Professor Claudia Geiringer became the first person in the legal profession” published in the Employment Colin Patterson Memorial Prize—Nathan Tse Jacque Lethbridge (LLB 2003) was appointed to Vice- to be presented with the Sir Ian Barker Published Article Law Bulletin. Alexandra Briscoe Joshua Hansen Claire Rees President of the Law Society for Auckland. Award for the third time, in the 2019 Legal Writing Cullen Employment Law Prize 1st place—Shaun Baker Awards. William Britton Taz Haradasa Nathan Regal Judge Keryn Broughton (LLB 2004) was appointed a Cullen Employment Law Prize 2nd place—Kathleen Best judge of the New Plymouth District Court. Associate Professor Dean Knight was awarded the Best Cailin Broadley Elliott Harris Carys Robson Paper Prize at the Society of Legal Scholars 110th annual Cullen Employment Law Prize 3rd place—Irene McGlone Sophie Brokenshire Alana Harrison Brooklyn Rogers Judge Michelle Duggan (LLB 1990) was appointed a conference in late 2019. judge of the Nelson District Court. Faculty of Law Prize in Legal System—Jack Apperley Ella Brownlie Georgia Hawley Ania Roznawska Professor Graeme Austin co-authored the article Nathan Tse (LLB(Hons) 2020) was awarded an “Trademarks and Private Environmental Governance” that Flacks & Wong Prize in Company Law—Caitlin Hicks Ella Buchanan Cate Hensen Leander Schubert Undergraduate Paper award at the 2019 Legal Writing was judged one of the top 20 articles on Environmental Fran Wright Memorial Prize in Criminal Law plus a title by LexisNexis—Jordy Hermens Awards for his dissertation ‘Decentralised autonomous Law published in the United States in the 2017/18 Sarah Burton Michaela Hing Jess Smith organisations and the corporate form’. academic year. Gordon Orr Prize—Jess Smith Rose Byrne Caleb Houghton Lily Stelling Judge Peter Winter (LLB 1980) was appointed a judge of Professor John Prebble QC was appointed Emeritus ILM Richardson Prize in Private Law—Jessica Sutton and Karan Venter Kellee Candy Hannah Houghton Lilian Stott the Auckland District Court. Professor. John Miller Award in Social Justice & Community Devt-U/G—Olivia Hyland and Vijay Chand Alister Hughes Jessica Sutton The Honourable Justice Sir Joe Williams (LLB 1986) At the 2019 Victoria University of Wellington Staff Komal Singh was named a Knight Companion of the New Zealand Excellence Awards, Dr Mark Bennett received an Impact James Clark Emma Jackson Joe Sutton Order of Merit for his services to the judiciary. Excellence Award. Lord Cooke of Thorndon Prize—Natalie Vaughan Sam Coad Lydia Jackson Alexandra Templeton Professor Petra Butler was appointed a five-year term NZ Law Review Prize—Aimee Cox, Peter McKenzie and Natalie Vaughan as Honorary Senior Fellow at the British Institute of Alice Coppard Maddy Judd Emily Thom International and Comparative Law. Quentin Baxter Prize in International Law—Jessica Sutton Charles Cox Ngaronoa Kainamu-Davis Ari Tracey Professor Petra Butler and alumnus Audley Sheppard Quentin Baxter Prize in Public and International Law—Wiliame Gucake Kate Crichton Tessa Keenan Jayden van Leeuwen QC (LLB(Hons) 1984) led a study developed by the Robert Orr McGechan Memorial Prize—Charlie Cox Commonwealth Secretariat’s Office of Civil and Criminal Emma Croskery Honor Kelly Claudia van Zijl Justice Reform. Sir John McGrath Distinguished Prize in Public Law—Emma Ricketts James Daly Olivia Kiel Natalie Vaughan Professor Petra Butler and alumnus Dr Timo Thomas Prize in Mooting—Taran Molloy (winner) and Siobhan Davis (runner-up) Bauer-Savage assisted with repatriation efforts in Siobhan Davies Lothar Krumpen Karan Venter New Zealand and the Pacific Islands during the COVID-19 Thomson Reuters Prize in Jurisprudence—Taran Molloy and Jessica Sutton Rishabh De Rosa Laugesen Caitlin Walker pandemic. Thomson Reuters Prize in the Law of Contract—Maisy Bentley Finlay Dempster Caroline Law Thomas Walker Professor Richard Boast QC was awarded the JF Val Gormly Memorial Prize—Jessica Sutton Northey Memorial Book Award at the 2019 Legal Writing Nopera Dennis-McCarthy Catharina Lee Georgia Warwick Awards for his book The Native/Maori Land Court Vol 3, VicBooks Award for Best Tutor—LAWS 121—Hannah Jones 1910-1953: Collectivism, Land Development and the Law Sophie Dixon Jessie MacEwan Annabelle Webster (Thomson Reuters, Wellington, 2019). VicBooks Award for Best Tutor—LAWS 122—Barbara Graham Anna Dombroski Hanna Malloch Emma Westbrooke Professor Susy Frankel was appointed to the Waitangi VicBooks Award for Best Tutor—LAWS 123—Ata Tomovski Georgia Drummond Alice Mander Toni Wharehoka Tribunal. VicBooks Award for Best Tutor—LAWS 211—Julia Marshall-Mead Jonty du Toit Hine Markham- Nicklin Lydia Whyte VicBooks Award for Best Tutor—LAWS 212—Eloise Chin Aidan Economu Abigail Marshall Rhianna Windle VicBooks Award for Best Tutor—LAWS 213—Mitchell Fraser Seb Ellice Pete McKenzie Jacqueline Yee VicBooks Award for Best Tutor—LAWS 214—Sam Coad Rebecca Farquhar Anna McTaggart Philia Yeo VicBooks Award for Best Tutor—LAWS 301—Billie Haddleton Megan Fell Conor Meredith Victoria University Medal for Academic Excellence—Taz Haradasa Devon Fisher Taran Molloy Page 36 Victoria University of Wellington Faculty of Law Page 37 V.ALUM 2020 V.ALUM 2020

Published in 2020

Joel Colón-Ríos "Constitution-Making through Law" Susy Frankel "The Object and Purpose of Mingling Joanna Mossop and Scott Davidson "Law of the Sea" in Petra Butler "International Commercial Arbitration put Authored Books Edited Journals in Gabriel Negretto (ed) Redrafting Constitutions in Intellectual Property, Trade and Investment" in Alberto Costi (ed) Public International Law: A to the test in the Commonwealth" (2020) 51(3) Democratic Regimes: Theoretical and Comparative Christophe Geiger (ed) Research Handbook on New Zealand Perspective (LexisNexis, 2020) Victoria University of Wellington Law Review. Bill Atkin, Mark Henaghan, Ruth Ballantyne, Shonagh Alberto Costi Special Conference Issue: 26th Annual Perspectives (Cambridge University Press, 2020) Intellectual Property and Investment Law (Edward Elgar pp 687-730. Burnill, John Caldwell and Kirsty Swadling Family Law in ANZSIL Conference – From the Local to the Global (2019) pp 33-52. Publishing, 2020) pp 48-62. Joel Colón-Ríos "Of Omnipotent Things" (2020) 52 New Zealand (LexisNexis, Wellington, 2020). 17(1) New Zealand Journal of Public and International Law Guy Fiti Sinclair "A Battlefield Transformed: Connecticut Law Review pp 3-18. pp i-x and 1-125. Joel Colón-Ríos "Creación Constitucional y Poder Susy Frankel "International Trade Law" in Alberto The United Nations and the Struggle over Postcolonial Bill Atkin Family and Succession Law (Kluwer Law Constituyente" en Nicolás Figueroa et al (eds) Poder Costi (ed) Public International Law: A New Zealand Statehood" in Jochen von Bernstorff and Philipp Dann Joel Colón-Ríos "Arato's Adventures: Between International BV, The Netherlands, 2020). Guy Fiti Sinclair and Nehal Bhuta (eds) Technologies of Constituyente a Debate: Perspectivas desde América Perspective (LexisNexis, 2020) pp 775-820. (eds) The Battle for International Law: South-North Sovereignty and Constituent Power" (2020) 41 Revus: Stateness: International Organizations and the Making of Journal for Philosophy of Law and Constitutional Theory Bill Atkin Social Security New Zealand (International Latina (Editorial Universidad de los Andes, 2020) Perspectives on the Decolonization Era (Oxford States 10 Humanity Journal. pp 27-62. Susy Frankel "WIPO and Treaty Interpretation" in University Press, 2019). pp 1-17. Encyclopaedia of Laws, Wolters Kluwer, The Netherlands). Sam Ricketson (ed) Research Handbook on the World Guy Fiti Sinclair and Jan Klabbers (eds) Symposium: Joel Colón-Ríos "The Constitution of Puerto Rico" in Intellectual Property Organization: The First 50 Years Guy Fiti Sinclair "A Bridge and a Pivot: The ILO and Joel Colón-Ríos "Author Interview: Constituent Power Richard Boast The Native/Maori Land Court Vol 3, Theorizing International Organisations Law (2020) 31(2) and the Law" (2020) 2 Hong Kong Journal of Law and 1910-1953: Collectivism, Land Development and the Law Albert, O’Brien, Wheatle (eds) Oxford Handbook of the and Beyond (Edward Elgar, 2020) pp 342-357. International Organizations Law in Times of Crisis" in European Journal of International Law pp 489-619. Constitutions of the Caribbean (Oxford University Press, George P Politakis, Tomi Kohiyama and Thomas Lieby Public Affairs pp 194-196. (Thomson Reuters, Wellington, 2019). Catherine Iorns Magallanes "New Zealand" in 2020) pp 391-420. (eds) ILO100: Law for Social Justice (International Alberto Costi "Foreword: From the Local to the Global Joel Colón-Ríos Constituent Power and the Law AR Zelle, G Wilson, R Adam, HF Greene (eds) Earth Law: Labour Organization, 2019) pp 123-134. Alberto Costi "Introduction to International Law" in Emerging Ecocentric Law – A Guide for Practitioners … and Back" (2019) 17(1) New Zealand Journal of Public (Oxford University Press, 2020). Chapters and International Law vii-x. Alberto Costi (ed) Public International Law: A (Wolters Kluwer, 2020) pp 589-622. Guy Fiti Sinclair and Monique van Alphen Fyfe Nessa Lynch Youth Justice in New Zealand (3rd ed, New Zealand Perspective (LexisNexis, 2020) pp 1-28. "The United Nations" in Alberto Costi (ed) Public Graeme Austin, Andrew F Christie, Andrew T Kenyon Carwyn Jones and M Bargh "Māori Interests and Rights: Catherine Iorns Magallanes and M J Dicken "Climate Thomson Reuters, Wellington, 2019). and Megan Richardson "Introduction" in Graeme International Law – A New Zealand Perspective Change Adaptation in the Environment Court: Revisiting Alberto Costi and Nathan Jon Ross "International Legal Four Sites at the Frontier" in E Berman and G Karacaoglu (LexisNexis, 2020) pp 29-74. Geoff McLay Court of Appeal and High Court Austin, Andrew F Christie, Andrew T Kenyon and Megan Personality" in Alberto Costi (ed) Public International (eds) Public Policy and Governance Frontiers in the 2010 Holt Case" (2019) 50(4) Victoria University of (New Zealand Council of Law Reporting/LexisNexis, Richardson (eds) Across Intellectual Property: Essays in Law: A New Zealand Perspective (LexisNexis, 2020) New Zealand (Public Policy and Governance, Vol 32, Guy Fiti Sinclair and Monique van Alphen Fyfe Wellington Law Review pp 609-630. Honour of Sam Ricketson (Cambridge University Press, Wellington 2019 (Volumes 2 and 3)). pp 75-152. Emerald Publishing Limited, 2020) pp 71-89. "Supervisory and Review Procedures: International Catherine Iorns Magallanes "Views Adopted by the March 2020) pp 1-8. Labour Organization (ILO)" in Hélène Ruiz Fabri (General Geoff McLay Supreme Court Cases (New Zealand Council Alberto Costi, Scott Davidson and Lisa Yarwood "The Marnie Lloydd "Framing Foreign Fighting: Exploring Committee Under Article 5(4) of the Optional Protocol, Graeme Austin "Connecting Intellectual Property and Editor) Max Planck Encyclopedia of International Concerning Sanila-aikio v Finland, Communication of Law Reporting/LexisNexis, Wellington 2019 (Volume1)). Creation of International Law" in Alberto Costi (ed) the Scope of Prevention and the Categorisation of Procedural Law (Oxford University Press, 2020). Human Rights in the Law School Syllabus" in Graeme Public International Law: A New Zealand Perspective Fighters in International Law" in Christophe Paulussen No 2668/2015, and Klemetti Käkkäläjärvi et al, Geoff McLay and Andrew Barker QC Torts Update Austin, Andrew F Christie, Andrew T Kenyon and Megan (LexisNexis, 2020) pp 153-238. and Martin Scheinin (eds) Human Dignity and Human Matteo Solinas "Companies and Other Associations Communication No 2950/2017 (HR Comm'n)" (2020) (New Zealand Law Society, Wellington 2019). Richardson (eds) Across Intellectual Property: Essays in Security in Times of Terrorism (Springer, 2020) pp – The European Framework" in P Millett, A Alcock and 59(2) International Legal Materials pp 302-332. Honour of Sam Ricketson (Cambridge University Press, Alberto Costi "Jurisdiction" in Alberto Costi (ed) Tony Smith Glanville Williams, Learning the Law (17th ed, 207-238. M Todd (eds) Gore-Browne on Companies (Chapter 2, Catherine Iorns Magallanes, V James and P Gerard March 2020) pp 189-200. Public International Law: A New Zealand Perspective Lexis Nexis 2020). Sweet & Maxwell, 2020). (LexisNexis, 2020) pp 361-448. Marnie Lloydd "Challenges in the Application of the "Sea Level Rise and Local Government: Policy gaps and Graeme Austin "Anglo and EU Frameworks for opportunities" (2020) 16:1 Policy Quarterly pp 62-66. Michelle Zang Judicial Engagement of International Obligation to Ensure Respect for IHL – foreign fighting Matteo Solinas "General Disclosure Requirements – Certification and Collective Trademarks" in Irene Calboli Alberto Costi "Immunities" in Alberto Costi (ed) as an example" in Eve Massingham and Annabel The European Framework " in P Millett, A Alcock and Economic Courts and Tribunals (Elgar International and Jane C Ginsburg (eds) The Cambridge Handbook Public International Law: A New Zealand Perspective Carwyn Jones "Hauora: Report on Stage One of the Economic Law Series, Edward Elgar, 2020). McConnachie (eds) Ensuring Respect for IHL (Routledge, M Todd (eds) Gore-Browne on Companies (Chapter 32, Health Services and Outcomes Kaupapa Inquiry" (2019) of International and Comparative Trademark Law (LexisNexis, 2020) pp 449-506. 2020) pp 231-247. Lexis Nexis 2020). (Cambridge University Press, September 2020) August Māori Law Review pp 1-13. pp 296-307. Alberto Costi and Conor Donohue "State Responsibility" Nessa Lynch "Protective measures for children accused in Alberto Costi (ed) Public International Law: A Carwyn Jones and T K Awatere-Reedy "Ngā Rohe or convicted of serious crimes" in Wendy O'Brien and Moana o Ngā Hapū o Ngāti Porou Act 2019" (2019) Edited Books Petra Butler "Awarding Damages to Expropriated Parties" New Zealand Perspective (LexisNexis, 2020) pp 509-595. Cédric Foussard (eds) Violence Against Children in Journal Articles in Sherlin Tung, Fabricio Fortese, Crina Baltag (eds) September Māori Law Review. Bill Atkin and Mark Henaghan (eds) Family Law Policy in the Criminal Justice System: Global Perspectives on Finances in International Arbitration (Wolters Kluwer, Alberto Costi and Conor Donohue "International Law and Gordon Anderson, Petra Mahy, Richard Mitchell, New Zealand (5th ed, LexisNexis, Wellington, 2020). the Use of Force" in Alberto Costi (ed) Public International Prevention (Routledge, 2019 online) pp 17. Carwyn Jones and R B de-Vries "Treaty settlement 2019) pp 57-90. Carolyn Sutherland, Peter Gahan, Anthony O’Donnell, legislation before the House of Representatives in 2019" Law: A New Zealand Perspective (LexisNexis, 2020) Campbell McLachlan "The double-facing foreign Sean Cooney, Lingfeng Mao and Andrew Stewart Graeme Austin, Andrew F Christie, Andrew T Kenyon Petra Butler "Businesses have human rights too" (2019) pp 861-908. (2019) December Māori Law Review. and Megan Richardson (eds) Across Intellectual Property: relations function of the executive" in D Dyzenhaus, "Measuring Worker Protection Using Leximetrics: 50(4) Victoria University of Wellington Law Review J Bomhoff and T Poole (eds) The Double-Facing Illustrating a New Approach in Four Asia-Pacific Dean Knight "Extradition, human rights protections, Essays in Honour of Sam Ricketson (Cambridge University pp 573-586. Alberto Costi and James Renwick "The Threat of Climate Press, 2020). Change to the Pacific Region: Problems, Solutions and Constitution: Legal Externalities and the Reshaping of Countries" (2019) 67(3) The American Journal of diplomatic assurances and China's criminal justice Petra Butler and Ana Stanič "What Can Arbitration and Prospects" in Alberto Costi and James Renwick (eds) the Constitutional Order (Cambridge University Press, Comparative Law pp 515-549. system" [2020] Public Law p 190. Alberto Costi (ed) Public International Law: A Human Rights as Mechanisms of Dispute Resolution "In the Eye of the Storm" – Reflections from the Second 2020) pp 376-412. New Zealand Perspective (LexisNexis, 2020). Mark Bennett "The Illusory Trust Doctrine: Formal Dean Knight "Contextual review: the instinctive impulse Learn from Each Other in Order to Meet the Challenges Pacific Climate Change Conference (VUW, SPREP and Campbell McLachlan "Scope for enlarged participation or Substantive" (2020) 51(2) Victoria University of and unstructured normativism in judicial review" (March, Alberto Costi and James Renwick (eds) "In the Eye of of Climate Change?" in Jean Kalicki and Mohamed Abdel New Zealand Association for Comparative Law, 2020) in international arbitration" in J Kalicki and A Raouf Wellington Law Review pp 193-230. 2020) 40(1) Legal Studies pp 1-21. the Storm" – Reflections from the Second Pacific Climate Raouf (eds) Evolution and Adaptation: The Future of chapter 1. (eds) Evolution and Adaptation: The Future of International Arbitration (ICCA Congress Series No 20, Mark Bennett and AS Hofri-Winogradow "Against Dean Knight and Geoff McLay "Is New Zealand’s Change Conference (VUW, SPREP and New Zealand Alberto Costi "Addressing the Challenges to Statehood International Arbitration (ICCA Congress Series No 20, Association for Comparative Law, 2020). Wolters Kluwer, 2020) pp 1036-1057. Kluwer, The Hague, 2019). Subversion, a Contribution to the Normative Theory of Covid-19 lockdown lawful? – an alternative view" (11 May Arising from Climate Change: Future Bases for Action Trust Law" (2020) 40(4) Oxford Journal of Legal Studies. 2020) UK Constitutional Law Association Blog. Meredith Kolsky Lewis, J Nakagawa, R Neuwirth, C Joel Colón-Ríos "Judicial Review and the Democratic to Protect Low-Lying Atoll Nations" in Alberto Costi David McLauchlan "The Limitations on 'Reliance' Picker, P Stoll (eds) A Post-WTO International Legal Judge" in Khurshid et al (eds) Judicial Review: Process, and James Renwick (eds) "In the Eye of the Storm" – Damages for Breach of Contract" in David Campbell and Richard Boast "Re-thinking Individualisation: Māori Dean Knight "Specifying the corpus of secondary Order: Utopian, Dystopian and Other Scenarios (Springer Powers, and Problems: Essays in Honour of Upendra Baxi Reflections from the Second Pacific Climate Change Roger Halson (eds) Research Handbook on Remedies Land Development Policy and the Law in the age of legislation subject to publication, presentation and Nature, 2020). (Cambridge University Press, 2020) pp 107-126. Conference (VUW, SPREP and New Zealand Association in Private Law (Edward Elgar Publishing, 2019) Ngata (1920–1940)" (2019) 25 Canterbury Law Review disallowance" [2020] Public Law p 585. for Comparative Law, 2020) chapter 9. pp 86-109. pp 1-52. Nessa Lynch Children’s Rights in Aotearoa New Zealand Joel Colón-Ríos "Judge-Made Constitutional Change" in Dean Knight "Brexit, Prorogation and Popcorn: – Reflections on the 30th Anniversary of the Convention X Contiades and A Fotiadou (eds) Routledge Handbook of Susy Frankel and Rochelle Cooper Dreyfuss "Trademarks Joanna Mossop "Antarctica" in Alberto Costi (ed) Richard Boast "Runnymede and Waitangi: Book Review Implications of Miller (No 2) for New Zealand" (2020) on the Rights of the Child (Law Foundation/Michael & Constitutional Change (Routledge, 2020). and Cultural Identity" in Graeme Austin, Andrew F Christie, Public International Law: A New Zealand Perspective of Stephen Walker and Chris Jones (eds) Magna Carta 51(2) Victoria University of Wellington Law Review pp Suzanne Borrin Foundation, Wellington, 2019) 128 pp. Andrew T Kenyon and Megan Richardson (eds) Across (LexisNexis, 2020) pp 273-360. in New Zealand: History, Politics and Law in Aotearoa 249-264. Intellectual Property: Essays in Honour of Sam Ricketson (Palgrave Macmillan/Springer Nature, Switzerland, (Cambridge University Press, 2020) pp 227-239. 2017)" (2019) 25 Canterbury Law Review pp 245-249. Dean Knight "Firearms Regulation, Prohibited Ammunition and the Common Law Right to Property" [2020] Public Law 799.

Page 38 Victoria University of Wellington Faculty of Law Page 39 V.ALUM 2020 V.ALUM 2020 Published in 2020—continued

Nessa Lynch and T Liefaard "What is Left in the 'Too Paul Scott "The Bad Man, the Sound Chap, the Doctrine Victoria Stace, Chan and Sims "New Zealand's Unfair Grant Morris "Mahon, Peter Thomas" Dictionary of Hard Basket'? Developments and Challenges for the of Efficient Breach and Expectation Damages" (2019) Contract Terms Law Fails to Incentivise Businesses to Internet Publications New Zealand Biography, Te Ara – the Encyclopedia of Looseleaf Treaties and Rights of Children in Conflict with the Law" (2020) 28 25(3) NZ Business Law Quarterly pp 177-198. Remove Potentially Unfair Terms from Standard Form New Zealand, October 2019. The International Journal of Children's Rights pp 1-23. Contracts" (2020) Competition and Consumer Law Claudia Geiringer "No, National, the caretaker Commentaries convention doesn't apply now – and nor should it be" Grant Morris "Mediators resolve 80% of disputes" Paul Scott "It Ain't Necessarily So: Australian Journal Dean Knight, with Chris Mitchell, LexisNexis Local Bjørn-Oliver Magsig "Water Security: A Litmus Test Competition and Consumer Commission v Pfizer The Spinoff, 17 August 2020. Newsroom 4 December 2019. for International Law" (2020) 29 Review of European, Australia Pty Ltd and the Reasons for Reforming Yvette Tinsley, Benjamin Spivak, James Ogloff, Government (2020 updates, LexisNexis, Wellington). Comparative & International Environmental Law Section 36 of the Commerce Act" (2020) 51(2) Jonathan Clough and Warren Young "The Impact of Catherine Iorns Magallanes "Time to overhaul NZ’s Grant Morris "Keeping our liberties alive in lockdown" pp 44-55. Victoria University of Wellington Law Review pp 265-294. Fact-Based Instructions on Juror Application of the Law: pesticide rules" Newsroom 21 January 2019. Radio NZ 31 March 2020. Results from a Trans-Tasman Field Study" (2019) Social Dean Knight "Lockdown's Legality and the Rule of Law" Joanna Mossop "Dispute Settlement in the New Bjørn-Oliver Magsig and R Moynihan "The Role Guy Fiti Sinclair "Past as Prologue? Theorizing Science Quarterly pp 1-16. of International Regimes and Courts in Clarifying International Labor Law between Jessup and Jenks" Newsroom 4 August 2020. Treaty on Marine Biodiversity in Areas Beyond National Prevention of Harm in Freshwater and Marine (2019) 113 American Journal of International Law Ruiping Ye "Minister of Justice v Kim" [2020] Jurisdiction" The NCLOS Blog (The blog of the Norwegian Dean Knight "COVID 19 and States of Emergency: Centre for the Law of the Sea) 23 December 2019. Environmental Protection" (2020) 20 International Unbound pp 413-417. New Zealand Law Journal 148. Lockdown Bubbles through Layers of Law, Discretion and Environmental Agreements: Politics, Law & Economics Nudges – New Zealand" Verfassungsblog (3 and 5 April Ruiping Ye "The Legal Basis of China’s Covid-19 pp 1-18. Guy Fiti Sinclair "Forging Modern States with Imperfect Tools: United Nations Technical Assistance for Public 2020; 3 May 2020). Response" (ANU Australian Centre on China in the World The China Story Blog, 21 May 2020). Bevan Marten "Confronting British Bullies: Shipping Administration in Decolonized States" (2020) 10 Dean Knight and Geoff McLay "Was lockdown legal? An For a full list of published research in 2020: Law Reform in Australia and New Zealand, 1888-1907" Humanity Journal. Reports alternative view" Newsroom 13 May 2020. Ruiping Ye "Kill the Chickens to Scare the Monkeys: w www.wgtn.ac.nz/law/research [2020] 7(1) Law and History pp 30-58. China's Enforcement of Laws in the Containment of Guy Fiti Sinclair and Nehal Bhuta "Technologies of Mark Bennett, Ralph Chapman and Philippa Nessa Lynch "Facial Recognition Technology is here. David McLauchlan "A Sea Change in the Law of Stateness: International Organizations and State-Making Howden-Chapman "Scope for Building Performance Covid-19" (Verfassungsblog on Matters Constitutional, New Zealand's Law is Nowhere near ready" The Spinoff 13 May 2020). Contract Interpretation?" (2019) 50(4) Victoria – Introduction to the Dossier" (2020) 10 Humanity Provisions to Advance Building Sustainability and 25 August 2020. University of Wellington Law Review pp 657-680. Journal. Environmental Performance in NZ" CRESA, as part of the Building Better Homes Towns and Cities National David McLauchlan "Contract formation, Guy Fiti Sinclair and Jan Klabbers "On Theorizing Science Challenge, The Architecture of Decision-making incompleteness and implied terms" [2020] Lloyd's International Organizations Law: Editors' Introduction" project, Wellington 2019) 44 pp. Maritime and Commercial Law Quarterly pp 30-43. (2020) 31(2) European Journal of International Law pp 489-496. Richard Boast "Evidence Summary for RP Boast, David McLauchlan "A Misrepresentation Muddle" 'Ngati Raukawa: Custom, Colonisation and the Crown' [2020] NZ Law Journal pp 56-65. Guy Fiti Sinclair "C Wilfred Jenks and the Futures of Statement of expert evidence" commissioned by the International Organizations Law" (2020) 31(2) European Crown Forestry Rental Trust for presentation at sitting David McLauchlan "Rectification Rectified?" (2020) Journal of International Law pp 525-542. of the Waitangi Tribunal (Porirua ki Manawatu Regional 36(2) Journal of Contract Law pp 131-156. Inquiry) 11 March 2020 (17 pp) (Wai 2200 Doc#A215(b). Matteo Solinas "History Repeating: Trading Restrictions David McLauchlan "A New Conservatism in Contract in Europe at the time of Covid 19" (2020) 31 Journal of Petra Butler and Dharshini Prasad "A Study Interpretation?" Part 1 [2020] September NZ Law Banking and Finance Law and Practice pp 175-179. of International Commercial Arbitration in the Journal pp 273-275, 292. Commonwealth" (Commonwealth Secretariat, 2020) Matteo Solinas "Germany's Highest Court Challenges 663 pp. David McLauchlan "A New Conservatism in Contract the Legality of the ECB Monetary Tools (and the EU's Interpretation?" Part 2 [2020] NZ Law Journal pp 311-314. Entire Legal Order)" (2020) 31 Journal of Banking and Carwyn Jones, J Ruru, M Turei, K Quince et al "Inspiring Geoff McLay "How to Read New Zealand's new Trusts Finance Law and Practice pp 180-184. National Indigenous Legal Education for Aotearoa Act 2019" (2020) 13 Journal of Equity pp 325-346. New Zealand’s Bachelor of Laws Degree – Phase One: Victoria Stace "Reducing the Risks from High-Cost Strengthening the Ability for Māori Law to Become a Nicole Moreham "Privacy, reputation and alleged Short-Term Lending and Protecting Vulnerable Firm Foundational Component of a Legal Education wrongdoing: Why police investigations should not be Consumers" (2019) III NZ Women's Law Journal in Aotearoa New Zealand" Michael & Suzanne Borrin regarded as private" (2019) 11 Journal of Media Law pp 243-276. Foundation and Ngā Pae o te Māramatanga (2020) pp 142-162. Victoria Stace "Compromises with Creditors – 60 pp. Nicole Moreham "Police Investigations, Privacy and New Zealand Supreme Court Considers the Issue of Dean Knight with Controller and Auditor-General the Marcel Principle in Breach of Confidence" (2020) 12 whether Creditors' Economic Interests are Relevant to "Managing conflicts of interest: A guide for the public Journal of Media Law. Class Composition" (2019) 7 Nottingham Insolvency and sector" (Office of Auditor-General, Wellington, 2020) Business Law eJournal (NIBLeJ) 04. 52 pp. Joanna Mossop and Clive Schofield "Adjacency and due regard: The role of coastal States in the BBNJ Treaty" Victoria Stace "Recovering the Liquidator’s Costs on Dean Knight with Controller and Auditor-General (2020) Marine Policy 7 pp. the Winding up of a Corporate Trustee" (2019) 50(4) "Local Authorities (Members' Interests) Act 1968: A Victoria University of Wellington Law Review pp 711-732. guide for members of local authorities on managing Joanna Mossop "Marine Protected Areas and Area- Victoria Stace "Consumer Lending by New Zealand financial conflicts of interest" (Office of Auditor-General, Based Management in New Zealand" (2020) 5 Asia- Wellington, 2020) 56 pp. Pacific Journal of Ocean Law and Policy pp 169-185. Banks after the Royal Commission: Business as Usual or More Responsibility Required?" (2020) 31 Journal of Dean Knight "Law-making and accountability in Joanna Mossop, Guillermo Ortuno Crespo, Daniel Banking and Finance Law and Practice 28. responding to COVID-19: The case of New Zealand" Dunn, Kristina Gjerde, Elliott Hazen, Gabriel Reygondeau, (Constitution Transformation Network, Melbourne Robin Warner, Derek Tittensor and Patrick Halpin Victoria Stace "The Financial Markets (Conduct of Institutions) Amendment Bill – Major Development in Forum: Representation in Democracies During "Beyond static spatial management: Scientific and legal Emergencies, 2020) 6 pp. considerations for dynamic management in the high Financial Consumer Protection in New Zealand" [2020] seas" (2020) Marine Policy pp 1-10. 8 NZ Law Journal p 276. Grant Morris and S Petrie-McVean "NZ Commercial Victoria Stace "Debt Collection in New Zealand: Mediation Study Report IV: The Mediators – A Enlivening the Prohibition Against Harassment and Longitudinal Approach” (publicly released October 2019 Coercion in s 23 of the Fair Trading Act 1986" (2020) and available on SSRN). New Zealand Business Law Quarterly Review.

Page 40 Victoria University of Wellington Faculty of Law Page 41 V.ALUM 2020 V.ALUM 2020

2021 Postgraduate course timetable

Our postgraduate (500-level) law courses vary from year to year and are designed to enhance your expertise across a broad range of current and emerging issues in law. They offer a flexible approach to study, and include relevant career development opportunities for working professionals. Our courses provide an opportunity to hone areas of specialisation, by allowing you time and space to reflect on the broader significance of your experiences as a scholar and/or practitioner in law, business or policy. w Learn more and apply at www.wgtn.ac.nz/postgraduate-law

Intensive and block courses Weekly courses Course Coordinator Points Type Dates and times Course Coordinator Points Type Dates and times Course Types New Zealand and Professor Wednesday 12, Thursday 13, Friday 14, Trimester 1 Classes run from Monday 22 February until Friday 18 June, unless otherwise indicated. Intensive courses are taught in a Australian Copyright Susy Frankel 20 INTENSIVE Monday 17, Tuesday 18 May, INTENSIVE concentrated manner, typically International Trade Law Dr Michelle Zang and Associate Tuesdays, 3.40–6.30 pm. and Designs 9.30 am–4.30 pm. 30 WEEKLY over consecutive weekdays, over LAWS 530 LAWS 504 Professor Meredith Lewis a one- to two-week period. New Zealand and Professor Friday 26, Saturday 27 March, Health Law Professor Bill Atkin Thursdays, 4.40–6.30 pm. Block courses are broken WEEKLY Australian Intellectual Susy Frankel INTENSIVE 9.30 am–4.30 pm. LAWS 531 20 BLOCK into chunks and taught in the 10 evening, on Fridays, and/or on Property Law Saturdays. They are typically LAWS 551 Counter Terrorism and Security Marnie Lloydd Thursdays, 8.30–10.20 am. LAWS 532 20 WEEKLY spaced over two or more weeks Advanced Legal Study Professor Friday 26 February, 5.40–8.30 pm; and sometimes over several LAWS 581 Alberto Costi INTENSIVE Saturday 27 February, 9.30 am–3.20 pm; months. 10 Regulating Labour and Work Professor Gordon Anderson Mondays, 8.30–10.20 am. Friday 5 March, 5.40–8.30 pm; LAWS 533 20 WEEKLY Weekly courses run with two- Saturday 6 March, 9.30 am–3.20 pm. hour weekly meetings over one WEEKLY Public Law— Associate Thursday 25 February, 6.40–8.30 pm; Law, Citizenship and Sexuality Dr Eddie Clark Wednesdays, 4.40–6.30 pm. or two trimesters. The majority LAWS 534 20 WEEKLY of 500-level courses are offered Institutions, Norms & Professor 40 BLOCK Saturday 20 March, 8.30 am–2.30 pm; in the late afternoon or evening. Culture Dean Knight Saturday 1 May, 8.30 am–2.30 pm; LAWS 522 Saturday 10 July, 8.30 am–2.30 pm; Negotiation and Mediation Dr Grant Morris Tuesdays, 4.40–6.30 pm. Saturday 11 September, 8.30 am–2.30 pm; LAWS 538 20 WEEKLY Thursday 7 October, 6.40–8.30 pm. Trade Marks and Unfair Professor Wednesday 7, Thursday 8, Friday 9, Trimesters 1 and 2 Classes run from Monday 22 February until Friday 18 June, and from Monday 5 July until Friday 5 November, Competition Susy Frankel 20 INTENSIVE Monday 12, Tuesday 13 July, unless otherwise indicated. LAWS 536 9.30 am–4.30 pm. International Law Professor Alberto Costi Mondays, 4.40–6.30 pm. LAWS 534 40 WEEKLY Patent Law Professor Wednesday 18, Thursday 19, Friday 20, LAWS 537 Susy Frankel 20 INTENSIVE Monday 23, Tuesday 24 August, 9.30 am–4.30 pm. Organisational Law— Dr Mark Bennett Wednesdays, 8.30–10.20 am. Corporations, Trusts, 40 WEEKLY Legal World of Small Professor Monday 20, Tuesday 21, Thursday 23, Fiduciary Relationships LAWS 521 States Petra Butler 20 INTENSIVE Friday 24 September, 5.40–8.30 pm; LAWS 546 Monday 27, Tuesday 28, Thursday 30 International Climate Change Dr Bjørn-Oliver Magsig Tuesdays, 8.30–10.20 am. September, Friday 1 October, LAWS 523 40 WEEKLY 5.40–8.30 pm. Trimester 2 Classes run from Monday 5 July until Friday 5 November, unless otherwise indicated. Advanced Legal Study Kate Tokeley Friday 9 July, 5.40–8.30 pm; Saturday 10 LAWS 581 10 INTENSIVE July, 9.30 am–3.20 pm; Friday 16 July, Consumer Law Kate Tokeley Wednesdays, 4.40–6.30 pm. 5.40–8.30 pm; Saturday 17 July, LAWS 535 20 WEEKLY 9.30 am–3.20 pm. Law of Freshwater Resources Dr Bjørn-Oliver Magsig Fridays, 8.30–10.20 am. International Associate Dates to be confirmed. Go to www.wgtn. LAWS 539 20 WEEKLY Arbitration Professor 20 INTENSIVE ac.nz/course-finder for up-to-date LAWS 543 Meredith Lewis information about the course. Examining core public law and Sir Terence Arnold and Dates to be confirmed. Go to www.wgtn.ac.nz/ constitutional values in an Sir Geoffrey Palmer 20 TBC course-finder for up-to-date information about the Chinese Law in Dr Ruiping Ye Tuesday 9, Tuesday 16, Tuesday 23 inquiries’ setting course. LAWS 541 New Zealand Context 20 BLOCK November, 1.40–5.30 pm; Tuesday 11, LAWS 545 Tuesday 18, Tuesday 25 January 2022, TradeLab Clinic Dr Michelle Zang Thursdays, 3.40–6.30 pm. 1.40–5.30 pm. LAWS 544 20 WEEKLY

Indigenous Land Issues in Professor Richard Boast Tuesdays, 4.40–6.30 pm. New Zealand and Pacific 20 WEEKLY LAWS 548 Internship Kate Tokeley Thursdays, 8.30–10.20 am. LAWS 550 20 WEEKLY

Page 42 Victoria University of Wellington Faculty of Law Page 43 Victoria University of Wellington

SUPPORTERS’ CIRCLE Championing excellence & innovation

The Faculty of Law at Te Herenga Waka—Victoria University of Thank you to the individuals and organisations who have Wellington aims to promote legal scholarship of the highest quality, generously supported the Faculty of Law in 2019–2020. and to provide outstanding learning opportunities for our students. A.J. Park Hugh Rennie CBE QC and Michael Dineen We greatly appreciate those who support these efforts—for example, Budget Plastics NZ Ltd Penelope Ryder-Lewis New Zealand Insurance through scholarships, prizes or grants. We would welcome the Chapman Tripp Professor Janet McLean Law Association Jennifer Stevens Professor Nicole Moreham opportunity to talk with you about providing philanthropic support to Cullen—The Employment Law Firm Judge Jeremy Fordham and Tim Smith the Law School. Lady Christine McGrath John Miller and Stephanie Professor Petra Butler Please contact Sue O’Donnell, Acting Executive Director Development Professor Claudia Geiringer Potocka De Montalk PhD Phillips Electrical Office and Foundation, on and Steven Price Karen Clark Professor Roger Clark Associate Professor Dean Kahui Legal Dame Sian Elias and Hugh p +64 4 4635871 or Knight LexisNexis Fletcher e [email protected] Flacks & Wong The Hon. Justice Simon Lady Lindsay and the Hon. France and the Hon. Fleur Knowsley Sir Bruce Robertson QC Justice Ellen France Leaving a bequest The Hon. Justice Francis Madeleine Laracy Cooke QC and Diana Marsh Simpson Grierson Professor Mark Hickford Professor Tony Smith Of the many ways that you can support the University’s work, leaving a Professor Geoff McLay The Hon. Justice Mark bequest in your will is a meaningful way to create an enduring legacy and The Rt Hon. Sir Geoffrey O'Regan Wellington Women Lawyers Palmer QC and Margaret Will Lawes support the University for generations to come. Palmer Matthew Bunting Your bequest will keep on giving long after your lifetime. Once you have Justice Matthew Palmer QC Greenwood Roche and Ruth Wilkie made provision for your loved ones, a gift in your will allows you to make a difference to something you care about without impacting on your current finances. If you would like to discuss the possibility of leaving a bequest in your will, contact Rosalene Fogel, [email protected] or call her on

+64 4 463 6030. ISSN 2537-6772 (Online) ISSN 2537-6764 (Print) w www.wgtn.ac.nz f LawVictoriaUniversityofWellington e [email protected]

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