| Year | Title | Author | |
| 2022 | Adversarialism in the Family court: ethics and practice | Dr Emily Henderson, Gemma Coutts and Professor Mark Henaghan |  |
| Synopsis: | This research combines a review of the ethical and empirical literature on New Zealand Family Court legal practice, and qualitative interviews with experienced Family Court lawyers in three cities nationally, to understand the reality and underlying ethic of family law legal practice. This includes how the statutory duty to conciliate and the paramountcy principle translates to practice, the influence of standard partisan legal ethic on practice, and the ways in which lawyers have adapted to the policy emphasis on settlement and conciliatory practice. The research concludes that addressing the harm of overly adversarial lawyering requires a closer examination and understanding of lawyer’s practice and the way in which they balance changing family justice policy goals, the traditional concept of partisan lawyering and duty to the client, and their own concern for parties’ long-term interests and the wellbeing of any children involved. It states that a more nuanced understanding of the reality of Family Court practice could help family justice policy avoid the fate met by the 2014 reforms and, crucially, produce better experiences and outcomes for the parties who turn to the Family Court for help, as well as their children. |
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Publisher: |
New Zealand Law Foundation |
Format: |
PDF; 122 pages |
Link #1: |
Publication information  |
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| 2022 | Removing Disabling Experiences: a vision for the future of our people | Warren Forster | |
| Synopsis: | People are the heart of our communities and our society in Aotearoa, New Zealand. We recognise as a society that many people with impairments have disabling experiences; these can result in exclusion, and by supporting this research the Foundation wanted to support ways to change that. This was one of several projects the Foundation has supported over the last decade aimed at systemic change for New Zealanders who live with disabling experiences.
The report states:
“We share a vision that in the future we will have an integrated person-directed system for supporting people with impairments that will reduce our disabling experiences. This future system will provide four enforceable rights to social and income support, habilitation, and healthcare. It will coordinate with two complementary systems for improving accessibility and for removing discrimination through an organisation that is tasked with removing peoples' negative disabling experiences.”
Author Warren Forster says, “Unless we act now, the current imperfect and unfair system will continue to be written into the stories of our children’s children and their children. The decisions that are made in the next decade will shape the experience of generations of future New Zealanders."
This report provides a road map for achieving this goal within a decade and sets out a simple choice for our future. We can become world leaders again in the field of care and support for all our people, or we can choose to perpetuate the fragmented, incomplete, and broken system that history has shown does not work.
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Publisher: |
NZLF |
Format: |
PDF; 88 pages |
Link #1: |
Publication information |
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| 2022 | Making Gang Laws in a Panic: Lessons from the 1990s and beyond | Jarrod Gilbert | |
| Synopsis: | This research was originally conceived when the author first started studying gangs, which eventually led to the book "Patched: the history of gangs in New Zealand". In that publication, he outlined New Zealand’s most significant legislative drive targeting gangs that occurred in the mid-1990s, and drew some tentative conclusions as to their lack of efficacy despite, or because of, the tremendous political rhetoric that preceded the passing of those laws.
This report now investigates these laws further by examining longitudinal police charge data.
The purposes of the research were:
1. To examine the events involving gangs which led to heightened concern about public order and safety in the mid-1990s.
2. To interrogate the rhetorical campaigns of politicians and police leaders that created and drove the legislative agenda targeting gangs.
3. To assess the efficacy of the laws that were created in an attempt to control gangs and protect the public order.
The timing of the current project is important, because there are significant parallels between the gang situation of today, and that of the mid-1990s. To provide insights around what a contemporary legislative drive may look like, the author looked across at Australia and that country's recent efforts to legislate against gangs. Both the local and international examples offer insights into the creation of gang laws, and more importantly offer caution at this time. The author argues that the scene is set for a renewed legislative drive against gangs in New Zealand. The report concludes by offering suggestions on what NZ should look for in any new gang law proposals.
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Publisher: |
New Zealand Law Foundation |
Format: |
PDF; 48 pages |
Link #1: |
Publication information |
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| 2022 | How we fail children who offend and what to do about it: 'A breakdown across the whole system'. Research and recommendations. | Reil, J., Lambie, I., Becroft, A., & Allen, R. | |
| Synopsis: | This report is about children. More specifically, it is about children, aged 10 to 13 years, who have offended, as well as those at risk of offending. Often labelled ‘child offenders’, many of these children go on to become ‘youth offenders’ when they turn 14 (through to age 17), and some eventually enter the adult criminal justice system at aged 18 and beyond.
As the research makes clear, they are children who have often endured physical, sexual, or emotional abuse, constant transience, or intergenerational disconnection from their whānau, whenua, and culture. Often known to social service agencies, many children will have experienced some sort of state intervention - that, according to our research, often failed to adequately help. The consequences for tamariki Māori of generations of Te Tiriti breaches are evident in the overrepresentation of Māori in the justice system. Pasifika are also overrepresented.
While the personal, social, and economic harm these children have caused by their offending should not be minimised, it is critical to remember that these children were victims first. In the words of one of the lawyers interviewed in this research, ‘Offending does not occur in a vacuum’. Indeed, most would have never escalated to engage in offending behaviour if they and their families had not experienced significant harm themselves - all too often, intergenerationally - or had received timely, effective help that addressed their needs.
This report provides up-to-date information on the characteristics, backgrounds, and trajectories of children who have offended. In addition, it considers how it is possible that, in a developed country often heralded for its ‘world-class’ youth justice system, children grow up to commit crime despite their concerning experiences and circumstances being well-known to state services - sometimes for years before offending starts.
Opportunities for improvement in current child welfare and Family Court practices in relation to children at risk of (re)offending are explored. This report does not presume to speak from a Te Ao Māori worldview; clearly enacting real future change should adhere to a ‘by Māori for Māori’ approach. Nevertheless, it is hoped that this work will contribute to improved outcomes for children, whānau, and communities across Aotearoa NZ.
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Publisher: |
University of Auckland |
Format: |
PDF; 196 pages |
Link #1: |
Publication information |
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| 2022 | What does a world-leading framework of charitites law look like? - Focus on purpose | Susan Barker | |
| Synopsis: | The 2019 New Zealand Law Foundation International Research Fellowship awarded to Wellington Barrister, Sue Barker, was dedicated to the question “What does a world-leading framework of charities law look like?”.
The report makes 70 recommendations, including that the review of the Charities Act is transferred to an independent body, such as the New Zealand Law Commission, for an independent, first principles (and ideally multi-disciplinary) review taking into account the wider legal framework applicable to charities.
The report represents the culmination of two years’ work, building on more than two decades of legal practice in this area. The report draws on the experience of comparable jurisdictions and aims to shine light on some of the underlying assumptions and unintended consequences that are causing considerable current difficulty in this area of law. |
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Publisher: |
NZLF |
Format: |
PDF; 596 pages |
Link #1: |
Publication information |
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| 2022 | The Breaking Wave: Oceans Reform in Aotearoa New Zealand | Greg Severinsen, Raewyn Peart, Bella Rollinson, Tracey Turner & Phoebe Parson | |
| Synopsis: | The Breaking Wave is a synthesis of work undertaken by EDS over the past two years which explored what reform of oceans management might look like. It is available in two versions: the full report and a summary report.
Our oceans are interconnected but we have separate pieces of legislation for conservation, fisheries, resource management, the exclusive economic zone and more. There are many gaps, overlaps and uncertainties. Some legislation is now well out-of-date. Reform is urgently needed. The report lays the groundwork for a wide-ranging discussion about what marine reform in Aotearoa New Zealand should look like.
There are many options for change. Some are small scale and targeted and others are deep and transformative. The report looks at various options including what the system might seek to achieve, the management tools that might be deployed, how oceans legislation might be arranged and what institutions might be needed. The various options are put together to develop four possible approaches to oceans reform.
The first focuses on how we could improve and expand our current oceans management toolkit. The second explores deeper structural changes such as integrating current legislation into an umbrella Oceans Act and establishing an Oceans Agency. The third explores the oceans management system through a te Tiriti o Waitangi lens. Finally, the fourth approach explores the implications of giving legal personhood to the oceans.
The Breaking Wave does not make recommendations but it is hoped it will generate a rich and constructive debate about reforming our oceans management system, which is long overdue.
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Publisher: |
Environmental Defence Society |
Format: |
eBook and hard copy; pdf 456pp |
Link #1: |
Publication information |
Link #2: |
Publication information |
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| 2021 | Making Aotearoa New Zealand Accessible: A Design for Effective Accessibility Legislation | Warren Forster, Tom Barraclough & Curtis Barnes | |
| Synopsis: | Our research team set out to design legislation that would be effective in identifying
and removing barriers that cause disabling experiences for so many of our people. We
recognise that this is a once in a generation opportunity for our law and policy makers
to develop a regulatory system to bring about this change. Our thanks go to the New
Zealand Law Foundation for providing funding and ongoing support for this important
work.
The report aims to assist disabled people, political leaders, and future decision
makers to understand how a system could be designed to provide accessible,
equitable and effective change.
This report provides a starting point for co-designing the future accessibility system in a
way that is most likely to remove known and emerging barriers faced by disabled
people and others. It sets out the organisational structures that could be developed to
create this. To make this system work, it will need disabled people, iwi groups,
businesses, governments, and non-government organisations to collaborate to bring
about this change. | |
Publisher: |
NZLF |
Format: |
PDF; 160 pages |
Link #1: |
Publication information |
Link #2: |
Summary Report |
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| 2021 | The Impact of Artificial Intelligence on Jobs and Work in New Zealand | Professor Colin Gavaghan, Associate Professor Alistair Knott & Professor James Maclaurin, University of Otago | |
| Synopsis: | The second major report from the AI and the Law in New Zealand Project, funded by the Law Foundation's Information Law and Policy Project (ILAPP), highlights the uncertainty around whether workers will be enabled by the technology, or displaced. While the researchers are sceptical of attempts to quantify the displacement effect of AI and related technologies such as robotics, they say it seems safe to predict that, for the foreseeable future, there will still be human workers, and equally safe to surmise that, in many cases, their working lives will be touched by these technologies. In this report, the researchers focus on both of the situations involving the service provider and the service consumer. Or, in more common terms, the worker and the client. The researchers examine the sorts of technologies that are already being deployed across our workforce, or that are likely to be deployed in the near future. The report takes a broad analysis of the nature and value of work, considers issues in the context of the ongoing COVID-19 pandemic, and offers 25 recommendations.
The report addresses a range of issues:
- Shortening the working week to adapt
- The growing use of AI-enabled workplace surveillance
- The likely effects of AI on professions such as medicine and law and issues around accuracy, control, transparency and bias.
- Which kinds of professional-client interaction can be delegated to a human-computer dialogue system ('chatbot'), and which kinds should be kept in human hands. |
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Publisher: |
University of Otago |
Format: |
PDF; 116 pages |
Link #1: |
Publication information |
Link #2: |
AI and the Law in New Zealand Project Page |
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| 2021 | Farmed Animal Welfare Law in New Zealand: Investigating the gap between the Animal Welfare Act 1999 and its delegated legislation | New Zealand Animal Law Association | |
| Synopsis: | The New Zealand Animal Law Association is concerned that the welfare needs of farmed animals in New Zealand are not being met. This research has a particular focus on pigs, dairy cattle, layer hens, meat chickens and fish.
The report reveals a substantial gap between the overarching standards of animal welfare prescribed by the Animal Welfare Act 1999 and the standards provided for in the codes of welfare and regulations that sit under the Act.
Specific examples of welfare concerns include:
* the use of farrowing crates and sow stalls for pigs;
* lack of shelter for dairy cattle in both hot and cold conditions;
* the continued use of colony cages for layer hens, which severely restricts their ability to express their behavioural needs;
* the selective breeding of meat chickens for rapid growth rates leading to health issues such as lameness and heart problems; and
* the lack of a code of welfare for farmed fish.
The authors make a number of recommendations in the report, including a comprehensive review of the codes of welfare and regulations, as well as a review of the processes by which the codes and regulations were established by the National Animal Welfare Advisory Committee (which sits under the Ministry for Primary Industries).
Over 95% of respondents in a recent study by the Ministry for Primary Industries agreed, "It is important that the welfare of farmed animals in New Zealand is protected." Given this overwhelming consensus, it is critical that the codes of welfare and regulations for farmed animals be updated so that the "physical, health and behavioural needs" of farmed animals are met, as required by the Act. | |
Publisher: |
NZALA |
Format: |
PDF; 268 pages |
Link #1: |
Publication information |
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| 2021 | The Role of the Intervener in Human Rights Cases | Sylvia Bell | |
| Synopsis: | Although interveners are often considered to have the potential to undermine the traditional adversarial system by favouring one of the parties, their involvement can also contribute to clarifying the law, benefiting a greater number of people than simply the parties to the litigation. This is particularly likely to be the case in the area of human rights where the courts are increasingly required to deal with complex new concepts.
The purpose of this project was to examine the role that interveners have played in human rights cases in New Zealand and whether the quality of decision making could be said to have improved as a result. Human rights law was selected as a case study as a result of the amendments to the Human Rights Act in 2001 that were designed to encourage the Human Rights Commission to take a more proactive role in the development of human rights jurisprudence where there was a need to settle important questions of law. We were also interested in whether, if there was demonstrable evidence of increasing third party involvement, there could be better guidance on how to intervene in order to facilitate public interest litigation and increase understanding of human rights and the rule of law generally.
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Publisher: |
NZ Centre for Human Rights Law, Policy and Practice, Auckland Law Faculty |
Format: |
PDF; 45 pages |
Link #1: |
Publication information |
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| 2021 | Designing Online Court Forms: Recommendations for Courts and Tribunals in Aotearoa | Toy-Cronin, Bridgette; Nichols, David M; Cunningham, Sally Jo | |
| Synopsis: | Online courts may hold the key to breaking barriers to justice, but the basics need to be right first.
In this report, co-funded by the New Zealand Law Foundation, Otago and University of Waikato researchers describe how important it is to get the design of online filing systems correct. | |
Publisher: |
University of Otago |
Format: |
PDF; 30 pages |
Link #1: |
Publication information |
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| 2021 | Ka Mapuna - Towards a Rangatiratanga Framework for Governance of Waterways | Betsan Martin & NZ Maori Council with Linda te Aho | |
| Synopsis: | This is a time of a wider shift towards appreciating water as the source of life and health for all. This research gives heightened attention to changes that are urgent.
The report states the proposed institutions for governance of waterways offer a gateway for further constitutionalising Te Tiriti o Waitangi. As rangatiratanga evolves it may take different institutional forms, some shaped by collaborative structures and some more autonomous, reflecting shared and overlapping interests, and our distinctive cultural, knowledge and governance histories.
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Publisher: |
The Response Trust |
Format: |
PDF; 104 pages |
Link #1: |
Publication information |
Link #2: |
Executive Summary |
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| 2020 | Judgments as Data - Automated open-access analytics for decisions of courts and tribunals in New Zealand | Barraclough, Tom., Barnes, Curtis., Forster, Warren. | |
| Synopsis: | This report calls for written decisions of courts and tribunals in New Zealand to be prepared and published as digital data. The report and the prototype were a collaboration between Tom Barraclough and Curtis Barnes of Brainbox Institute, independent researcher, Warren Forster and representatives from OpenLaw NZ.
Co-author Tom Barraclough explains: "These decisions are the law of New Zealand. People with commercial subscriptions have more complete access to decisions of courts and tribunals than the general public do. We wouldn't accept this for legislation, so why should we accept it for case law?"
The report recommends that the government, the judiciary, the legal profession, and the wider community improve the way judgments are published. It suggests a pilot program in a lower-level tribunal once the current system of judicial publishing has been adequately mapped.
The authors say the current system for legal publishing is no longer fit for purpose. Instead, New Zealand could be doing much more to make case law freely available to the public.
"Once judgments are available as digital data, a whole new world of research opens up. I'm excited about the opportunities this type of system would create, including the ability to better identify barriers to access to justice and other system issues so they can be fixed," says co-author Warren Forster.
New Zealand's official law reports are produced by a commercial publisher under direction from the New Zealand Council of Law Reporting, a body with a statutory monopoly on publishing law reports since 1938. The council includes membership from the judiciary, the Solicitor-General, the Attorney-General and the Law Society.
Individual judges also submit judgments for the law reports as part of the ordinary judgment delivery process. While judgments are not subject to copyright, the official law reports are.
The researchers say access through Ministry of Justice sites is patchy, inconsistent, and unreliable. Some tribunals simply refer users to the New Zealand Legal Information Institute, NZLII, which receives no government funding and relies on the Australasian Legal Information Institute's platforms to function.
As well as access to legal materials, the report's authors say preparing and publishing "judgments as data" can help overcome contemporary issues in the justice system, like the proposed "electronic register" of cases to help media and tech platforms understand which cases are subject to suppression and what information cannot be published.
These changes need not affect the way judgments must be written, or their appearance in the courtroom. Instead, additional metadata and invisible formatting can be added to digital documents to improve their suitability for use in digital systems.
The researchers' findings stem from a partnership with OpenLaw NZ to build a proof of concept software tool on OpenLaw NZ's existing platform. They did so using around 7000 judgments obtained from the Accident Compensation Corporation (ACC).
They say analysis of judgments as data in this way could help to improve our understanding of the kinds of issues coming to court and how they are being dealt with, and better meet the needs of an overburdened justice system. |
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Publisher: |
Barraclough, Tom., Barnes, Curtis., Forster, Warren. |
Format: |
PDF, 114 pages |
Link #1: |
Publication information |
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| 2020 | Facial Recognition Technology in New Zealand | Lynch, Nessa., Campbell, Liz., Purshouse, Joe., Betkier, Marcin. | |
| Synopsis: | The research shows that Facial Recognition Technology (FRT) is increasing in usage in Aotearoa and comparable countries. It is used across sectors including government departments, policing, banking, travel, security, and customer tracking.
According to co-author Associate Professor Lynch, if this regulation gap isn't plugged soon, the impacts on human rights - such as privacy, freedom of expression, the right to peaceful protest, and the right to be free from discrimination - are potentially extensive.
The research involved a stocktake of the use of FRT here and in comparable countries, with a focus on use by the state. The spectrum of impact ranges from low-impact uses such as verification at the border, to high-impact activities like live automatic facial recognition from CCTV feeds and controversial apps such as Clearview AI, which is used in policing in other countries and has been trialled in this country.
The authors ask there to be an immediate moratorium on live automatic facial recognition by police, due to its impact on individual and societal rights. They also ask for additional oversight of police access to driving licence and passport databases, while a range of recommendations are taken into account.
Their comprehensive range of recommendations includes giving biometric information - such as DNA, fingerprints, iris scans, and facial data - special protection and implementing high-quality privacy impact assessments and algorithm impact assessments.
They also recommend the government establish independent oversight of the collection, retention, and comparison of facial images. The authors want to see transparency around the sharing of facial images between state agencies, other jurisdictions, and the private sector.
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Publisher: |
Lynch, Nessa., Campbell, Liz., Purshouse, Joe., Betkier, Marcin. |
Format: |
PDF, 118 pages |
Link #1: |
Publication information |
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| 2020 | A TALE OF TWO RISKS: Risk assessments and treatment of two dangerous long-term New Zealand detainees | Ellis, Anthony. | |
| Synopsis: | REPORT ABSTRACT:
This paper compares two cases of long-term detention on the basis of claimed risks to public safety in New Zealand, a common law jurisdiction. The first is that of an intellectually disabled autistic offender, who remains in detention after 14 years after breaking three windows. The second is that of a murderer/rapist, sentenced to life imprisonment with the possibility of parole, but who remains in detention after 26 years. The paper considers whether either of them or both are reliably or adequately shown to be dangerous, given difficulties in risk prediction; whether detention for such lengthy terms can be classified as detentions of no hope, leading to a human rights breach such as disproportionately severe treatment and/or lack of dignity; and the applicability of these analyses as they apply to the wider population of the indeterminately detained. The co-morbidity of the autistic man as intellectually disabled is also considered and challenged from a human rights perspective, including the compulsory administration of psychotropic drugs when the literature suggests that there is no evidence for such prescription: and instead such medication appears to be widely used as a form of chemical restraint.
More related articles/research can be found on Dr Ellis' website:
http://www.tonyellis.co.nz/articles-research/
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Publisher: |
Human Rights @ Harvard Law |
Format: |
PDF, 86 pages |
Link #1: |
Publication information |
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| 2020 | EXPERT EVIDENCE ABOUT MEMORY in New Zealand Sexual Violence Trials and Appellate Courts 2001 to 2020 | Blackwell, Suzanne., Seymour, Fred., Mandeno, Sarah. | |
| Synopsis: | REPORT ABSTRACT:
In criminal proceedings in Aotearoa New Zealand there has been an increase in applications to admit expert evidence about memory, most commonly by defence counsel. Almost all these cases have involved allegations of historical child sexual abuse. Memory evidence has been admitted in some cases but deemed inadmissible in others. Thus, memory expert evidence may be regarded as contentious in our courts - as it is in courts in similar commonwealth jurisdictions. This project arose out of concern that the nature of memory expert evidence offered to the courts exaggerates memory fallibility in relation to sexual violence complaints and that the research cited in support lacks relevance or ecological validity. At issue is whether jurors need educating about memory, whether memory evidence represents settled science and/or whether memory witnesses inappropriately offer opinion about the credibility of witnesses. In Part One we describe the relevant legislation and case law in New Zealand, and case law in other commonwealth common law jurisdictions. We then examine the requirements for expert evidence as set out in the Code of Conduct for Expert Witnesses (Schedule Four, High Court Rules) and discuss memory expert evidence in relation to these rules. In Part Two we summarise the opinions commonly given by memory expert witnesses in our courts and describe the studies they cite in support. We observe that briefs of evidence cover similar topics regardless of the case or the court for which they are prepared. Topics include lay public knowledge about memory, then the specific memory topics that have been addressed in briefs of evidence: eyewitness identification and transference, false memories from post-event information, imagination inflation, false memory implantation, memory fallibility in personally experienced traumatic events, 'recovered' memory, and children's memory reports and suggestibility. We consider the potential implications for victims/survivors of sexual violence and child sexual abuse should memory evidence of this nature be more widely accepted in our courts. |
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Publisher: |
Suzanne Blackwell, Fred Seymour and Sarah Mandeno |
Format: |
PDF, 154 pages |
Link #1: |
Publication information |
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| 2020 | PARENTING ARRANGEMENTS AFTER SEPARATION STUDY: EVALUATING THE 2014 FAMILY LAW REFORMS - Parents' and Caregivers' Perspectives - PART 1 | Gollop, Megan., Taylor, Nicola., Cameron, Claire., Liebergreen, Nicola. | |
| Synopsis: | The 2014 Family Law reforms introduced on 31 March 2014 were intended to shift the emphasis of New Zealand's family justice system away from in-Court to out-of-Court processes. In 2014 the New Zealand Law Foundation funded an independent two-phase research project to evaluate these reforms. Phase One (2014-2015) involved the initial scoping, consultation and planning for implementation of the Phase Two nationwide mixed methods study undertaken during 2016-2019.
In Phase Two, an online survey for parents and caregivers who had made or changed parenting arrangements since the reforms took effect was open for nine months from July 2017 to April 2018. This ascertained their views and experiences of making or changing their parenting arrangements and their use of, and satisfaction with, family justice services. The survey was completed by 655 parents or caregivers. The majority of the participants were female (80%) and mothers (78%). Most identified as New Zealand European (87%) and/or Māori (13%). They lived across all regions of New Zealand. One hundred and eighty-three of these parents and caregivers participated in an interview with a member of the research team, mostly by telephone. Almost two-thirds (65%) completed at least one of two follow-up online surveys, at approximately six to eight month intervals.
This research report focuses on data collected by the online surveys and the interview data relating to family justice services. It provides a broad overview of all of the major descriptive findings about parents' and caregivers' experiences of, and views on, making parenting arrangements and their use of any family justice services to help achieve this. |
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Publisher: |
Children's Issues Centre, Faculty of Law, University of Otago |
Format: |
PDF, 513 pages |
Link #1: |
Publication information |
Link #2: |
SUMMARY REPORT - Parenting Arrangements after Separation Study: Evaluating the 2014 Family Law Reforms: - PARENTS' AND CAREGIVERS' PERSPECTIVES PARTS 1 & 2 - PDF 20 pages |
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| 2020 | PARENTING ARRANGEMENTS AFTER SEPARATION STUDY: EVALUATING THE 2014 FAMILY LAW REFORMS - Parents' and Caregivers' Perspectives - PART 2 | Gollop, Megan., Taylor, Nicola., Liebergreen, Nicola. | |
| Synopsis: | The 2014 Family Law reforms introduced on 31 March 2014 were intended to shift the emphasis of New Zealand's family justice system away from in-court to out-of-court processes. In 2014 the New Zealand Law Foundation funded an independent two-phase research project to evaluate these reforms. Phase One (2014-2015) involved the initial scoping, consultation and planning for implementation of the Phase Two nationwide mixed methods study undertaken during 2016-2019.
In Phase Two, an online survey for parents and caregivers who had made or changed parenting arrangements since the reforms took effect was open for nine months from July 2017 to April 2018. This ascertained their views and experiences of making or changing their parenting arrangements and their use of, and satisfaction with, family justice services. The survey was completed by 655 parents or caregivers. Almost two-thirds (65%) completed at least one of two follow-up online surveys, at approximately six to eight month intervals.
One hundred and eighty of these parents and caregivers participated in an interview with a member of the research team, mostly by telephone. The majority of the interviewees were female (77%), mothers (75%) and the resident parent or shared care parent (70%). Most identified as New Zealand European (84%) and/or Māori (11%). They lived across most regions of New Zealand.
The parent and caregiver data from the online survey, and the interview data in relation to their use of, and perspectives, on family justice services and professionals, was reported on in 2019. This current report details the key findings from the remaining interview data. |
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Publisher: |
Children's Issues Centre, Faculty of Law, University of Otago |
Format: |
PDF, 241 pages |
Link #1: |
Publication information |
Link #2: |
SUMMARY REPORT - Parenting Arrangements after Separation Study: Evaluating the 2014 Family Law Reforms: - PARENTS' AND CAREGIVERS' PERSPECTIVES PARTS 1 & 2 - PDF 20 pages |
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| 2020 | PARENTING ARRANGEMENTS AFTER SEPARATION STUDY: EVALUATING THE 2014 FAMILY LAW REFORMS Family Justice Professionals' Perspectives | Taylor, Nicola., Gollop, Megan., Liebergreen, Nicola | |
| Synopsis: | The Family Law reforms introduced on 31 March 2014 were intended to shift the emphasis in New Zealand's family justice system away from in-Court to out-of-Court processes. In 2014 the New Zealand Law Foundation funded an independent two-phase research project to evaluate these reforms. Phase One (2014-2015) involved the initial scoping, consultation and planning for implementation of the Phase Two nationwide mixed methods study undertaken during 2016-2019.
In Phase Two, an online survey for professionals who had worked in the family justice system since the reforms took effect was open for two months from May to July 2018 on the study website. This ascertained their experiences of, and satisfaction with, the reforms four years following their implementation and with the current family justice system. The survey was completed by 364 family justice professionals including lawyers, psychologists, counsellors, Parenting Through Separation (PTS) providers, Family Dispute Resolution (FDR) providers, Community Law Centre and Family Court personnel. Many had more than one role. Lawyers (including those providing advice and representing parties, Lawyers for the Child and FLAS providers) comprised the largest group of survey respondents. Just over a fifth (21%) were FDR mediators, 12% were counsellors, 10% were mediators in private practice, and 9% were Parenting Through Separation providers/facilitators. The majority of the family justice professionals were female (76%). Most (95%) had a tertiary qualification. They worked across all regions of New Zealand and many worked across multiple regions. The largest proportion (26%) worked in the Auckland region, followed by Canterbury (16%) and Wellington (15%). One hundred (27%) of these 364 family justice professionals also participated in a telephone interview with a member of the research team. The majority were legal practitioners. However, the proportion of mediators was higher in the interview sample than in the survey sample. Otherwise, the interview sub-sample of family justice professionals was generally representative of the survey sample.
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Publisher: |
Children's Issues Centre, Faculty of Law, University of Otago |
Format: |
PDF, 443 pages |
Link #1: |
Publication information |
Link #2: |
SUMMARY REPORT - Parenting Arrangements after Separation Study: Evaluating the 2014 Family Law Reforms: Family Justice Professionals' Perspectives - PDF 12 pages: |
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| 2020 | Young Witnesses in New Zealand's Sexual Violence Pilot Courts | Randell, Isabel., Seymour, Fred., McCann, Clare., Anderson, Tamara., Blackwell, Suzanne. | |
| Synopsis: | This research was initiated in response to the establishment of New Zealand's Sexual Violence Courts Pilot in late 2016. One of the stated intentions of the court was to improve the experience of complainants. This research aims to contribute to innovation in court processes and the further development of the Sexual Violence Court Pilot. It comprised two studies with a focus on young witnesses.
The first study involved interviews with caregivers and young witnesses who had testified in Sexual Violence Pilot Court trials with the aim of identifying sources of stress and support during court involvement. The findings indicated that the pilot has yet to have a significant impact on the distress of young witnesses. A multi-agency approach is indicated to improve support and information provision during the period awaiting trial. Within the courts' jurisdiction, reducing pre-trial delay and improving the conduct of trials is indicated if the courts are to achieve their goal of minimising the negative impact of court involvement on these vulnerable young witnesses.
The second study involved a detailed analysis of transcripts of testimony of young witnesses from two pilot courts and two non-pilot courts. Analyses focused on the type of questions asked, complexity of language, the timing and duration of young witnesses' evidence, provision of breaks, and judge intervention. The inclusion of non-pilot courts allowed for a snapshot of practice in Aotearoa New Zealand generally as well as a comparison between pilot and non-pilot courts.
The average time between the complaint and trial for pilot courts was 13.2 months, and 16.3 months for non-pilot courts. The use of complex language, likely to be confusing to witnesses, was common. There were few differences in the use of complex language between pilot and non-pilot courts or between defence lawyers and prosecutors. Leading questions, generally regarded as contrary to children's ability to give best evidence, were common. Defence lawyers were significantly more likely than prosecutors to use leading (including tag) questions. Prosecutors were more likely than defence lawyers to use open questions, facilitators, and option posing questions. Provision of breaks and judge intervention in inappropriate questioning were rare.
Overall there appears to have been little change in the experience of young people and their caregivers in their participation in the courts. Nor has there been significant change in the conduct of lawyers in questioning young witnesses, either in comparison with similar studies over the last two decades, or between pilot and other courts. Proposals for change are presented. These have much in common with those contained in other recent reports, indicating a consensus about further reforms that would likely reduce the stress on young witnesses' experience and facilitate their ability to give best evidence.
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Publisher: |
Science School of Psychology, University of Auckland |
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PDF, 72 pages |
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Publication information |
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| 2020 | Crossover Youth Scoping Study | George, Jennifer | |
| Synopsis: | The project set out to scope a significant research project on 'Crossover Children'. Research that would more clearly identify young people (14-17 years) who cross from state care and protection to serious and recidivist offending. While existing statistics, related to those in the youth justice system were already known, along with some information about them, a deeper understanding would be sought about their backgrounds and where they came from - the regions, the cities and suburbs - the hotspots.
Significant numbers of crossover children had been in the justice system consistently throughout the years, despite the huge commitment by people on the ground, government agencies, Māori and NGOs. Many continued their involvement in the criminal justice system as adults. Most of the crossover youth were young Māori.
Research would deliver improved understanding about the nature and location of this group and the communities in which crossover youth live. It would enable better provision of resources that would improve life outcomes for the youth themselves, reduce family harm and it would strengthen communities.
The report reviews research and statistics both past and present, both nationally and internationally. It includes the voice of stakeholders both in New Zealand and the USA, from the judiciary, government agencies, and academics and researchers with an interest in this field. It incorporates insights from people working on the ground with crossover youth in marae communities. It also explores the potential of the government's integrated data infrastructure (IDI) to access information important for this work.
The study recommends a larger research project making use of the statistics available across all government agencies through the IDI in New Zealand. This would add previously unknown information about the crossover youth and contribute to long term strategies at community level.
It proposes that the project be jointly led with Māori. By gathering nationally collected data as the report suggests, investing in communities to collect and interpret their own data, it's envisaged that solutions will emerge.
It is clear that across New Zealand there are individuals and organisations highly skilled in bringing together research and data science - people who are well able to take this further study. |
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Publisher: |
Henwood Trust |
Format: |
PDF, 63 pages |
Link #1: |
Publication information |
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| 2019 | PUREA NEI: Changing the Culture of the Legal Profession | Colley, Allanah., Lenard, Ana., McLay, Bridget | |
| Synopsis: | This report is the result of a project designed to engage people of all genders in the legal profession in New Zealand about issues such as workplace expectations and culture, diversity and inclusion, sexual harassment, bullying, gender equality, training and education, leadership, management, remuneration, the future of work and several other employment-related issues.
This solutions-focused report captures ideas for change. Lead investigators Ana Lenard, Allanah Colley and Bridget McLay from the New Zealand Women's Law Journal, collected a breadth of experiences, ideas and practical tips and tools collected from over 700 people who participated in this research. Purea Nei means to cleanse and renew and the researchers state, "we hope that this document provides a useful springboard for workplace, and broader, conversations about how we can improve the culture of the legal profession."
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Publisher: |
Allanah Colley, Ana Lenard, Bridget McLay |
Format: |
PDF, 68 pages |
Link #1: |
Publication information |
Link #2: |
Link to video of launch of Purea Nei report and panel discussion, 26th Feb 2020, 1hr 12 mins |
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| 2019 | Evaluation of the Prison Advice Service, Canterbury | Gordon, Liz. Finn, Jeremy | |
| Synopsis: | In 2012, Community Law Canterbury (CLC), in conjunction with the Howard League Canterbury, commenced what was initially a small service to three local prisons, called the Prison Information Service, now called the Prison Advice Service (PAS). More recently the service has included the youth unit. Legal advice issues are covered by the volunteer support of senior law students under supervision of a CLC staff solicitor, and advocacy issues by the Howard League. The service provides information and support to prisoners on civil and family law matters. It currently operates through and is funded entirely by CLC.
The study provides an overview of the work of the PAS, how it functions, the issues it encounters and the need for this service on a nationwide basis.
It also covers:
- Legal needs of prisoners, particularly (1) criminal (2) internal (3) civil legal matters Eg family, debt, employment, property etc.
- Services in other jurisdictions
- Prisoners' rights in relation to legal needs
- Access to justice services in NZ prisons - including barriers to prisoner rights to information
- Analysis of client files - 646 PAS client files analysed, about 490 individuals (some clients contacted the service more than once)
- Evaluation section seeks to answer a range of key questions behind the project:
- - What civil legal issues are raised by clients?
- - Who are the clients?
- - What are their needs?
- - What was the outcome of PAS engagements?
- - How does this model compare with those in other jurisdictions?
- - What needs to be changed?
- - Is the model replicable for use in institutions throughout Aotearoa?
- Conclusion raises the question about whether the service should provide, not only legal advice and advocacy services, but also one of advocacy for prison reform - that is the ability to challenge the Corrections system. | |
Publisher: |
Justice Innovation Centre, Christchurch |
Format: |
PDF, 50 pages |
Link #1: |
Publication information |
Link #2: |
Summary of research Evaluation of Prison Advice Service - Options for a National Service - 1 page |
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| 2019 | Children's Rights in Aotearoa New Zealand - Reflections on the 30th Anniversary of The Convention on the Rights of the Child | 24 contributors - presenters/attendees at VUW Symposium: Children's Rights - National and International Contexts Aug 2019 | |
| Synopsis: | This collection brings together a series of reflections on the rights of children/tamariki on the occasion of the 30th anniversary of the United Nations Convention on the Rights of the Child. These reflections arose out of a symposium held in Wellington in August 2019. Some are written by those who presented at the symposium, others from participants.
The symposium took place on 20/21 Aug 2019 and was attended by academics, members of the judiciary, public sector colleagues, NGO colleagues and postgraduate students. It was structured around a series of panels, where presenters shared brief reflections, and had time for questions and interaction with the symposium participants.
Across the two days, they explored the children's rights framework and its application in contemporary Aotearoa.
Day One considered the fundamental principles and concepts such as participation and well-being, explored how we use the children's rights framework already, and what its potential uses may be. Interaction with other areas of rights discourse such as disability were considered and there was considerable interest in points of convergence and divergence between the children's rights framework and the indigenous rights frameworks.
Day Two considered the application of the children's rights framework apply to four particular spheres: the care and protection and family justice systems, the education system, the criminal justice system and where children are deprived of their liberty. |
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Publisher: |
Victoria University of Wellington, Law School |
Format: |
PDF, 128 pages |
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Publication information |
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| 2019 | A Matter of Security, Privacy and Trust: A study of the principles and values of encryption in New Zealand | Dizon, Michael., Rumbles, Wayne., Gonzalez, Patricia., McHugh, Philip., Meehan, Anthony. | |
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| 2019 | Reform of The Resource Management System - A model for the future - synthesis report | Severinsen, Greg. | |
| Synopsis: | This is EDS's final report on its Resource Management Law Reform Project - a project that took a first-principles look at how New Zealand's resource management system could be improved.
An earlier Phase 1 report from the project outlined three potential models for a future system. This Phase 2 report presents a proposed model for change, and steps to get there.
It says we need to be thinking about a much wider range of laws, institutions, processes and financial and behavioural incentives. The importance of that bigger picture view is what the project seeks to highlight.
The report looks at the different legislative frameworks that could form the core of a future system. It starts with the Resource Management Act - whether or not it should be split, how its purpose and principles could be approached differently, and how central and local government planning and processes could be revised. It proposes keeping an integrated RMA - with significant changes and perhaps even renamed - at the heart of a future system that protects the environment and supports well-being.
The report also explores reforming oceans management, embedding climate change considerations in the system, and changes to urban and infrastructure development. It also proposes of an overarching piece of legislation under which we would deploy strategic and spatial planning. That would be crucial to manage urban growth pressures.
The report emphasises that reform needs to look beyond just legislation, and consider underlying funding and institutional arrangements. The system needs to be more future focused and strategic, and less siloed. It needs to be more agile. The report proposes the creation of an independent Futures Commission to provide independent oversight and future focus, so needs can be anticipated, instead of simply reacting to them. |
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Publisher: |
Environmental Defence Society |
Format: |
PDF, 334 pages |
Link #1: |
Publication information |
Link #2: |
Summary of report proposals publication, PDF 48 pages |
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| 2019 | Parenting Arrangements after Separation Study - Evaluating the 2014 Family Law Reforms - PARENTS' AND CAREGIVERS' PERSPECTIVES - PART 1 | Gollop, Megan., Taylor, Nicola., Cameron, Claire., Liebergreen, Nicola. | |
| Synopsis: | This research project has been the largest independent study to examine the 2014 family law reforms from the perspectives of those affected most directly by the reforms - separated parents and caregivers. Through a nationwide online survey and one-to-one interviews researchers gained a much deeper and richer understanding of their experiences of the family justice system, including their use of the new services implemented from 2014. While the review of the 2014 reforms by the Independent Panel appointed by the Minister of Justice (MoJ) in 2018 had not been anticipated when this research project began, the team were able to share their preliminary findings with the Panel to help inform their Final Report. The findings presented in this research report resonate with the conclusions and recommendations reached by the Independent Panel and with the other studies undertaken to evaluate the reforms by the MoJ and others. They also largely complement the perspectives of the 364 family justice professionals who participated in the research team's study involving an online survey and interviews (specifically for this professional group).
This body of research provides valuable insights as further changes to New Zealand's family justice system are contemplated in response to the Independent Panel's report. In addition, it is hoped the detailed examination of how well family justice services are working for families, from the perspectives of their clients, will be of particular value to those providing these services.
As well as evaluating the 2014 reforms and family justice services, the study was designed to gain an understanding of the process of making post-separation parenting arrangements in New Zealand and the pathways and services that parents and caregivers use. This report provides a broad overview of the complex survey and interview data collected, giving a snapshot of the descriptive findings. Further analysis of both the survey and interview data will be reported on in forthcoming publications from the research team (including a report on interviews conducted with parents and caregivers, due out in March 2020). This will provide a more detailed and in-depth understanding of the experiences of separated parents and caregivers making parenting arrangements for children in New Zealand's family justice system.
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Publisher: |
Children's Issues Centre, Faculty of Law, University of Otago |
Format: |
PDF, 513 pages |
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| 2019 | Parliamentary Scrutiny of Human Rights in New Zealand: Glass Half full? | McGregor, Judy., Wilson, Margaret | |
| Synopsis: | "Parliamentary Scrutiny of Human Rights in New Zealand: Glass Half Full?" is the result of a two-year research project undertaken by AUT Professor Judy McGregor and University of Waikato Law Professor Margaret Wilson. It was funded by the New Zealand Law Foundation.
It calls for a new style of politics in the New Zealand House of Representatives that fosters dignity and respect for everyone inside and outside of Parliament.
The report contains 25 recommendations that address
- policy formation before legislation is introduced
- parliamentary processes
- select committee scrutiny and
- the role of officials and agencies like the New Zealand Human Rights Commission.
The report is based on interviews with Members of Parliament, parliamentary officials and on five case studies of legislation passed before and during the current parliamentary term.
The researchers submitted to the Standing Orders Review and were heard on Dec 5, 2019.
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Publisher: |
AUT - Auckland University of Technology |
Format: |
PDF, 126 pages |
Link #1: |
Publication information |
Link #2: |
Summary report: Parliamentary Scrutiny of Human Rights in New Zealand - PDF, 39 pages |
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| 2019 | Intellectual Property Commercialisation and Protection of Mātauranga Māori in New Zealand Universities - a summary research report | Ayoubi, Lida | |
| Synopsis: | This report provides a summary of the results of Dr Ayoubi's research analysing the state of the protection of mātauranga Māori in university IP commercialisation in New Zealand. The policies and processes of eight New Zealand universities in commercialising IP were assessed particularly against the recommendations of the Waitangi Tribunal regarding the treatment of mātauranga Māori.
The author conducted fifteen interviews involving eighteen individuals from all eight NZ universities - experts in charge of commercialising IP that is the outcome of university research. Some interviewees held positions across different departments or offices within a university that could relate to research development, IP commercialisation, and Māori interests.
This report and its underlying research are hoped to contribute to the discussion of measures for the advancement of the rights and interests of Māori in their mātauranga. The focus of analysing the issues raised in the report is on strengthening the protection for mātauranga from misappropriation through university IP commercialisation, as well as on encouraging mātauranga-based university innovation that would benefit Māori and the larger community.
Dr Ayoubi notes that it has not been through lack of legal interest, or disagreement about the need for reform that things have not changed, but rather the uncertainty about how to achieve the reform.
The author acknowledges that unlike intellectual property rights, which are rather clear and defined legal monopolies, the concepts of traditional knowledge and culture and the relationship of indigenous peoples to such knowledge and culture are not. |
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Publisher: |
AUT - Auckland University of Technology |
Format: |
PDF, 30 pages |
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Publication information |
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| 2019 | Culturally and Linguistically Diverse Parties in the Courts: A Chinese Case Study | Chen, Mai | |
| Synopsis: | The Superdiversity Institute for Law, Policy and Business released its report on CULTURALLY, ETHNICALLY AND LINGUISTICALLY DIVERSE PARTIES IN THE COURTS: A CHINESE CASE STUDY on 18th November 2019.
The Report's author, Mai Chen, Chair of the Superdiversity Institute says Superdiversity is deepening in New Zealand. By 2038, Statistics New Zealand has projected that Asian peoples will comprise 35 per cent of Auckland's population.
The Report is a global first in applying a Superdiversity Framework to determining the issues and challenges to culturally, ethnically and linguistically diverse (CALD) parties in getting equal access to justice in courts.
It examines the key issues and challenges faced by the justice system in ensuring equal access to justice for CALD litigants in New Zealand courts and makes 36 recommendations. It includes perspectives from judges, lawyers and interpreters, drawn from interviews with senior court judges, practitioners and prosecutors with experience of CALD parties and interpreters. It also includes a review of relevant data and literature and a substantial case review with analysis of over 100 cases involving parties of Asian ethnicity since the year 2000.
The research in the Report indicates that the cultural background and language limitations of many Asian and Chinese parties who come before the New Zealand senior courts affects:
- The way they present evidence;
- The way they respond to questioning of their actions and motivations;
- The way they verbally or physically express themselves or visibly show (or fail to show) emotions such as remorse, empathy or contrition;
- Their sense of what is the right thing to do when they perceive that a particular outcome could reflect adversely on their personal honour or that of their family;
- Their confidence in representing themselves without the assistance of legal counsel and their sense that this is not a disadvantage;
- Their expectation of how judges will determine the "truth" - an inquisitorial process where the truth is distilled from an active judge-led examination and evaluation of competing perspectives of what happened and why, or an adversarial process where the judge determines which of two competing versions of the truth he or she finds more credible;
- Their expectation that judges will take account of who they are, and their status and wealth, in determining credibility and the "truth". To that extent, they assume that judges are not truly independent;
- Their willingness to accept that they have been treated fairly and that the court did give them a fair opportunity to be heard; and
- The ability of New Zealand European lawyers to understand their clients' instructions and motivations for their actions.
With the increasing number of New Zealanders not born here and coming from very different rule of law cultures, there is a need to adapt New Zealand's legal system to ensure those people can get equal access to justice. The Report is therefore relevant to all New Zealanders of a different culture, ethnicity, religion and language background, to those who advise them, or who work in the Courts, or train or regulate lawyers, to law firms and to mediators of legal disputes. |
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Publisher: |
Superdiversity Institute for Law, Policy and Business |
Format: |
PDF, 212 pages |
Link #1: |
Publication information |
Link #2: |
Radio NZ interview with author Mai Chen on 17 Nov 2019 |
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| 2019 | PARENTING ARRANGEMENTS AFTER SEPARATION STUDY: EVALUATING THE 2014 FAMILY LAW REFORMS Family Justice Professionals' Perspectives | Taylor, Nicola., Gollop, Megan., Liebergreen, Nicola | |
| Synopsis: | Law reforms introduced on 31 March 2014 were intended to shift the emphasis in New Zealand's family justice system away from in-Court to out-of-Court processes. In 2014 the New Zealand Law Foundation funded an independent two-phase research project to evaluate these reforms. Phase One (2014-2015) involved the initial scoping, consultation and planning for implementation of the Phase Two nationwide mixed methods study undertaken during 2016-2019.
This research report is the first of three to come out of the Phase Two study. The first two reports draw on data from (1) an anonymous nationwide online survey completed by 364 family justice professionals who had worked in the family justice system since the reforms took effect and (2) interviews with a sub-set of these family justice professionals, 100 in total. The family justice professionals included: lawyers, psychologists, counsellors, Parenting Through Separation (PTS) providers, Family Dispute Resolution (FDR) providers, Community Law Centre and Family Court personnel. Reports 1 and 2 are due for release at the end of October 2019.
The third report, due for release at end March 2020, will draw on data from surveys and interviews with separated parents/caregivers. A total of 655 took part in the initial online survey, 429 of them completed online follow-up surveys and 192 participated in an interview.
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Publisher: |
Children's Issues Centre, University of Otago |
Format: |
PDF, 442 pages |
Link #1: |
Publication information |
Link #2: |
Research Report Evaluation of 2014 Family Law Reforms: Phase One - Feb 2015 - PDF 58 pages |
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| 2019 | Reform of The Resource Management System: A Pathway to Reform - WORKING PAPER 2: A MODEL FOR THE FUTURE | Severinsen, Greg | |
| Synopsis: | This is the second working paper of Phase 2 of EDS's Resource Management Law Reform Project. The project is taking a first-principles look at how New Zealand's resource management system could be improved.
Phase 1 of the project outlined three potential models for what a future system could look like. Phase 2 is now looking at designing a single preferred model.
Working Paper 2 is quite different from previous outputs from this project. EDS has previously presented options rather than make recommendations, and in doing so, sought to construct a framework for debate. This paper puts forward a firmer proposition for reform. It presents EDS's view; a view that is both ambitious and uncompromising. However, they believe it is realistic, and achievable. This working paper presents a number of sub-options. It poses specific questions throughout, and invites and encourages feedback on these and on the proposals more broadly. This will feed into a final synthesis report, which will be launched on 11 December 2019. This final report will build on this paper, and will describe a preferred model and a pathway to implementation over time. |
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Publisher: |
Environmental Defence Society |
Format: |
PDF, 186 pages |
Link #1: |
Publication information |
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| 2019 | Pro Bono - Unlocking potential through the Litigant-in-Person challenge | Auckland Community Law Centre (ACLC) | |
| Synopsis: | Final report into a pilot service operated by Auckland Community Law Centre (ACLC) in the High Court and Employment Court in Auckland. This report includes recommendations for the future of pro bono in New Zealand.
It chronicles the ACLC experience of developing and running this Pilot Service. Useful lessons learned at all stages of the project - as much through trial and error as through research and detailed planning. Some lessons were practical - others abstract and conceptual.
Parts 1-4 walk the reader through the ACLC's journey. These parts may be of particular interest to anyone wanting to establish a pro bono partnership.
Part 5 contains ideas about the future of pro bono development in New Zealand. These are informed by the material found in Parts 1-4 but have a more general focus. - PART 1: Strategy - Outlines our overall goals and strategy for embarking on this journey - PART 2 - The Litigant in Person Pro Bono Pilot - describes the design and operation of the Pilot Service - PART 3 - Pro Bono and Legal Assistance - discusses the theoretical framework we used to develop and run the Pilot Service. A valuable starting point for pro bono partnerships which target social disadvantage. - PART 4 - Weaving the Threads Together - discusses how the ideas in Part 3 shaped the evolution of the Pilot Service. - PART 5 - reflections and Recommendations - discussion of ideas for the future of pro bono in New Zealand. - Appendices - Appendix 1 and 2 contains data from the bankruptcy service and a summary of the Pilot Service evaluation. |
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Publisher: |
Auckland Community Law Centre (ACLC) |
Format: |
PDF, 26 pages |
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Publication information |
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| 2019 | Government Use of Artificial Intelligence in New Zealand | Gavaghan, Colin., Maclaurin, James., Knott, Ali., Zerilli, John., Liddicoat, Joy. | |
| Synopsis: | The overall focus of the report is on the regulatory issues surrounding uses of AI in New Zealand.
It covers Phase 1 of the project (there are 2 phases) and focuses on regulatory issues surrounding the use of predictive AI models in New Zealand government departments.
The public sector was chosen because the researchers want to begin by discussing regulatory options in a sphere where the New Zealand Government can readily take action. New Zealand's Government can relatively easily effect changes in the way its own departments and public institutions operate.
The report identifies and discusses a number of primary concerns:
- Accuracy
- Human control
- Transparency and a right to reasons/explanations
- Bias, fairness and discrimination
- Privacy
With regard to oversight and regulation, one of the key recommendations of the report is that Government should consider the establishment of a regulatory/oversight agency. Several possible models for the new regulatory agency are proposed in the report. The new regulator could serve a range of other functions, including:
- Producing best practice guidelines;
- Maintaining a register of algorithms used in government;
- Producing an annual public report on such uses;
- Conducting ongoing monitoring on the effects of these tools.
The researchers stress the need for consultation with a wide range of stakeholders across New Zealand society, especially with populations likely to be affected by algorithmic decisions, and with those likely to be under-represented in construction and training. This is likely to include those in lower socio-economic classes, and Māori and Pacific Island populations. Quite simply, they are likely to have insights, concerns and perspectives that will not be available to even the most well-intentioned of outside observers.
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Publisher: |
Gavaghan, Colin., Maclaurin, James., Knott, Ali., Zerilli, John., Liddicoat, Joy. |
Format: |
PDF, 92 pages |
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Publication information |
Link #2: |
Researchers web page- Centre for Law & Policy in Emerging Technologies research projects |
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| 2019 | Perception inception: Preparing for deepfakes and the synthetic media of tomorrow | Barraclough, Tom., Barnes, Curtis. | |
| Synopsis: | Contemporary audio-visual effects technologies now allow for the creation and manipulation of information in challenging ways never before encountered. They can be used to put words in people's mouths, portray people doing things they never did, copy their faces and voices, or even create entirely new faces and voices that appear thoroughly human.
This research report considers the wide-ranging social, legal and policy issues arising. Synthetic media technologies have huge potential benefits, but they also have risks. Public awareness of this risk of deception has grown through discussion of one kind of emerging audiovisual technology known as "deepfakes". The existence of such technologies may undermine general trust in audiovisual information to some degree.
The researchers anticipate that synthetic media will continue to improve, becoming better and more accessible. They think it likely that in the near future, consumers and citizens will be regularly exposed to audio, images and video that looks or sounds as if it is a reliable representation of factual events, even though it is not. It is information that gives the impression that it was "captured", when in fact it was "constructed" to a greater or lesser extent. Lots of this information will be benign or beneficial, but some of it will be harmful.
The researchers are not convinced that enacting substantial new law is either necessary or the best way to address the harms that may be generated by synthetic media. They also identify a risk that, where new law goes beyond existing law, it may abrogate rights of freedom of expression. Synthetic media is a means of expression like many others.
One of the more significant gaps in New Zealand law is not so much a gap as a boundary. It is a result of the nature of its jurisdictional limits to its own sovereign borders (in most cases): in particular, its application to overseas actors, whether other internet users, or to large social media platforms. Importantly, this is not an issue unique to New Zealand or to synthetic media technologies.
In their research report from page 122 to 129, the researchers set out their conclusions, identify specific gaps in New Zealand law and make specific recommendations, as well as provide concluding remarks. |
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Publisher: |
Tom Barraclough and Curtis Barnes |
Format: |
PDF, 136 pages |
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Publication information |
Link #2: |
Media release 21.5.2019 |
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| 2019 | Animal Welfare in New Zealand; Oversight, Compliance and Enforcement | Rodriguez Ferrere, Marcelo., King, Mike., Mros Larsen, Levi | |
| Synopsis: | The report questions whether New Zealand's "world-leading" animal welfare system adequately protects our furry friends, and argues the agencies charged with protecting animals need more funding.
It evaluates how the Ministry for Primary Industries' (MPI) animal welfare compliance arm and the Royal Society for the Prevention of Cruelty to Animals (RNZSPCA) enforce the Animal Welfare Act (1999).
While findings suggest MPI and RNZSPCA generally use their resources effectively and efficiently for enforcement purposes, the report concludes resource constraints prevent more prosecutions occurring. Only the most egregious breaches of the Act lead to prosecutorial action.
The report argues the direct effect of the under-resourcing of the sector is that neither MPI nor the RNZSPCA have the capacity to engage in proactive enforcement. Instead, both agencies rely upon reactive enforcement through public compliance monitoring (complaints and reporting of offending from the public) and in some instances, industry self-regulation.
The report recommends: (1) An increase in state resourcing for enforcement of the Act, for MPI and RNZSPCA (2) That increased funding for RNZSPCA be devoted solely to its enforcement functions, and increased oversight and accountability for these functions (3) A Public or Government Inquiry into the adequacy of animal welfare enforcement in New Zealand (4) Establishment of an independent Office of the Commissioner for Animals in New Zealand.
This research was limited to production and companion animals. It excluded animals in Research, Testing and Teaching and wild animals. |
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Publisher: |
University of Otago |
Format: |
PDF, 197 pages |
Link #1: |
Publication information |
Link #2: |
University of Otago media release: "Animal welfare system provides poor protection - Otago academic calls for change" |
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| 2019 | The Reform of The Resource Management System - A Pathway to Reform - WORKING PAPER 1: CRITERIA FOR REFORM | Severinsen, Greg | |
| Synopsis: | This is the first working paper of Phase 2 of a EDS's Resource Management Law Reform Project. The project is taking a first-principles look at how New Zealand's resource management system could be improved.
Phase 1 of the project outlined three potential models for what a future system could look like. Phase 2 is now looking at designing a single preferred model.
This working paper looks at criteria for reform, and concludes by offering three alternative sets of criteria that could be applied: a "progressive" set, a "transformational" set, and a "market-led" set. It does not yet select one of them - this is a task for the next stage of this work.
Phase 2 of the project will culminate at the end of the year with the release of a final paper, which will describe a preferred model and a pathway to implementation over time.
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Publisher: |
Environmental Defence Society |
Format: |
PDF, 80 pages |
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Publication information |
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| 2019 | Digital Threats to Democracy | Elliot, Marianne., Berentson-Shaw, Jess., Kueln, Kathleen., Salter, Leon., Brownlie, Ella | |
| Synopsis: | The "Digital Threats to Democracy" research report focuses on social media and digital platform monopolies - the opportunities, risks and threats they pose to democracy in New Zealand. It considers what needs to change, what can be done, and what evidence we have as to the interventions and solutions that might mitigate against the biggest threats posed by digital media, without losing the best of the opportunities that the internet offers.
The report identifies three key problems: (1) IMPACT OF PLATFORM MONOPOLIES, in which a handful of people have the power to determine the social interactions and access to information of millions of people (2) ALGORITHMIC OPACITY, in which algorithms have ever-increasing influence over what we hear and see without appropriate transparency or accountability (3) ATTENTION ECONOMY, which gives priority to content that grabs attention, without sufficient regard to potential harm.
The report emphasises that while content moderation is important, it's critical to address the wider structural drivers of the biggest threats posed to democracy by digital media - including the power that a handful of privately-owned platforms wield over so many aspects of our lives.
Key opportunities are identified (1) democratisation of information publishing (2) broadening the public sphere (3) increasing equality of access to and participation within political processes (4) increasing participation and engagement in political processes (5) increasing transparency and (6) accountability from government and promotion of democratic values.
Key threats are identified: (1) increasing power of private platforms (2) foreign government interference in democratic processes (3) surveillance and data protection issues (4) fake news, misinformation and disinformation (5) filter bubbles and echo chambers (6) hate speech and trolling (7) distrust/ dissatisfaction with democracy.
The report presents solutions to deal with the threats - including the need to address structural and systemic issues; create supportive environments and contexts; create protections for people; build understanding, and change individual behaviours through education.
Finally the report identifies key principles to consider when developing policy to deal with digital media issues. It highlights urgent areas in need of change.
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Publisher: |
The Workshop |
Format: |
PDF, 246 pages |
Link #1: |
Publication information |
Link #2: |
Media Advisory 8.5.2019 |
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| 2019 | A Strong Legislative Framework? - The 2012 Sale and Supply of Alcohol Act | Gordon, Liz | |
| Synopsis: | Dr Liz Gordon, Pukeko Research Ltd, carried out this research during 2018 to examine the effects of the alcohol licensing system brought in by the Sale and Supply of Alcohol Act 2012. The research identified the strengths and weaknesses of the alcohol licensing system under the 2012 Act in terms of (1) the object of the Act to minimise alcohol related harm in communities and ensure safe and responsible consumption (2) whether there is a need for a change in the law to improve the regulatory regime.
The study involved interviews with stakeholders, regional focus groups with applicants, regulators and submitters, and case law analysis of contested decisions 2014-2017. The report's recently released findings will be used to propose changes needed in the application of the Act, including seminars and publication plus submissions to various agencies.
This project was jointly funded by the Law Foundation and the Michael and Suzanne Borrin Foundation.
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Publisher: |
Pukeko Research Ltd |
Format: |
pdf 79 pages, including - Annex 1 Results of Stakeholder Survey; Annex 2 Results of Industry Survey |
Link #1: |
Publication information |
Link #2: |
Pukeko Research Ltd web site |
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| 2019 | Structuring for Impact: Evolving Legal Structures for Business in New Zealand | Horan, Jane., Hosking, Amber., Moe, Steven., Rowland, Jackson., Wilkie, Phillippa. | |
| Synopsis: | Social Enterprises (SE) are purpose-driven organisations that trade to deliver a social or environmental impact. They do not fit neatly within existing legal structures. Social entrepreneurs behind SE pursue a different set of values from traditional business, with profit being only one factor in the mix, and often only as a means to achieving more impact.
Based on the growth and contributions of SE to New Zealand to date, it is clear that organisations that prioritise more than profit have significant potential to positively grow New Zealand's economy in a broad sense, solving significant societal challenges along the way. Because of this, New Zealand needs a legal and policy environment that enables and encourages businesses that are trading for impact.
This report finds that the legal structures currently available in New Zealand are acting as barriers and disadvantaging SE. This report sets out evidence from SE about the perceived challenges associated with the current legal structures and argues that evolving legal structures to remove some of those challenges will unlock the potential of business to generate social and environmental impact at a scale that grows the wellbeing of New Zealand. Doing so would also support organisations underpinned by Te Ao Māori in a way that really honours Te Tiriti o Waitangi.
Research identified that hurdles due to legal structure appear to be most commonly centred around the enterprises' inability to convey and protect their mission, and the consequential challenges that any workarounds to this create. Funding was the other key disadvantage, with many SE finding accessing funding very difficult because of their structures, a hurdle which is having significant implications on the ability of these organisations, and their impact, to scale.
Businesses that exist for profit and purpose are now commonplace. SE prioritise people and the environment, ensuring they are looked after through business - rather than as collateral of profit-making. The way SE operate has the potential to generate significant value for New Zealand and to deliver the Government's social and environmental outcomes, and embody the ethos of the Living Standards Framework. By making minor amendments to the Companies Act 1993, this report argues that New Zealand has the capacity to create a world-first model for business that enables organisations to trade for impact. And in doing so catalyse the extraordinary entrepreneurship that is happening in the SE sector in New Zealand to unlock innovation that will create greater wellbeing for generations of New Zealanders to come.
This report was produced for the Social Enterprise Sector Development Programme, a partnership between the Department of Internal Affairs on behalf of the New Zealand Government and The Ākina Foundation. They are supported in partnership with the Community Enterprise Network Trust (CENT).
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Publisher: |
Ākina Foundation |
Format: |
PDF, 72 pages |
Link #1: |
Publication information |
Link #2: |
Link to Akina Foundation web news item about the report |
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| 2019 | The Resource Management System the Next Generation - Synthesis Report | Severinsen, Greg., Peart, Raewyn | |
| Synopsis: | This is the final synthesis report from EDS's phase 1 work from its Resource Management Reform Project. The project published three working papers prior to this report.
The project took a first-principles look at how New Zealand's resource management system could be improved.
The 356 page synthesis report is the culmination of 18 months of research, thinking and engagement. It examines key fundamental questions:
> What do we have a resource management system for?
> How do we see ourselves in relation to our natural and physical surroundings?
> What roles should the system play in pursuing society's aims?
> What will the future require from our resource management system?
The report looks at the whole system, not just RMA. It examines how we design and arrange our legislation, institutions and opportunities for public involvement. It examines tools like regulations, plans, economic instruments and behavioural incentives. It integrates Māori issues and perspectives into the discussion.
EDS's Policy Director and co-author of the report, Raewyn Peart, says reform is clearly needed. "But we have deliberately stopped short of rushing to a single preferred model in the synthesis report. We want to encourage people to use our report and think carefully about options rather than jump prematurely to a particular solution. That's been part of the problem - too many ad hoc changes that have produced muddled and incoherent legislation," said Ms Peart.
The report presents three broad models for reform with components that can be mixed and matched as debate continues. It is expected to feed into the Government's 2019 review of our Resource Management System.
The next and final phase of EDS's work, commenced early 2019, intending to build on the analysis and options in the synthesis report and select and flesh out what a preferred model should look like, and chart a practical pathway for reform for Parliamentarians and the public to consider. The final report for this work is due at the end of 2019.
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Publisher: |
Environmental Defence Society |
Format: |
PDF, 356 pages |
Link #1: |
Publication information |
Link #2: |
Summary of the synthesis report - 40 PDF pages |
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| 2018 | Regulating Cryptocurrencies in New Zealand | Sims, Alexandra., Kariyawasam, Kanchana., Mayes, David. | |
| Synopsis: | This report, prepared by a team of legal and banking experts, says our Government should actively support New Zealand becoming a blockchain and financial technology (fintech) hub. It suggests that for New Zealand to enjoy the vast potential benefits from this technology that we need a central bank-issued cryptocurrency, thriving cryptocurrency exchanges and the ability for businesses to trade in a GST-free cryptocurrency. Recommendations for a regulatory framework for blockchain are a key part of this report. |
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Publisher: |
University of Auckland - Business School |
Format: |
PDF, 179 pages |
Link #1: |
Publication information |
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| 2018 | Reform of the Resource Management System - The Next Generation - Working Paper 3 | Severinsen, Greg., Peart, Raewyn - Contributors: Joseph, Robert., Hazledine, Tim., Denne, Tim., Stephens, Theo., Brown Marie. | |
| Synopsis: | The purpose of this project is to take a first-principles look at the resource management system in New Zealand and to outline options for reform. This is the third in a series of three working papers generated by the project. A final synthesis report will be published towards the end of the year.
Working Paper 1 considered (1) the project's conceptual framework, (2) the context for reform, (3) ethics and principles, and (4) some key findings from the Environmental Defence Society's (EDS) international study tour.
Working Paper 2 addressed a variety of further matters: (1) what the future could look like, and its implications for the resource management system; (2) legislative design; (3) public participation; and (4) New Zealand's obligations under international law.
Working Paper 3 considers: (1) Māori and a future resource management system: the Treaty, tikanga, ecosystem-based management and power sharing (2) The rationale for the system (when public intervention is appropriate) (3) The roles a future system needs to play (4) A framework for institutional design (5) Exploring the characteristics of resource management institutions (6) Institutions in a future system.
Also incorporated are four think-pieces commissioned from external experts: three concerning the role of the economy and economic instruments, and one concerning compliance, monitoring, enforcement and evaluation. This working paper is intended primarily as a primer for discussion and feedback; it explores options and directions of travel, but does not yet offer a specific set of recommendations. The project's final synthesis report will present concrete options for reform.
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Publisher: |
Environmental Defence Society |
Format: |
PDF, 194 pages |
Link #1: |
Publication information |
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| 2018 | Gender Ratio of Counsel Appearing in Higher Courts -31st August 2018 | Cooper, Jenny., Schumacher, Gretta | |
| Synopsis: | This report provides the results of a comprehensive review of the gender ratios of lead and junior counsel and Queens Counsel who appeared in New Zealand's Court of Appeal and Supreme Court over the 6-year period from 2012 to 2017. The data is drawn from around 400 cases involving an oral hearing in the Court of Appeal per year, and around 100 delivered judgments in the Supreme Court per year. A key focus of this research project was to determine whether the proportion of women appearing as lead counsel in comparison to men had changed at all over the last six years.
The data gathered shows women appear in New Zealand's higher courts as lead counsel significantly less frequently than men - in a proportion that is way less than their overall representation in the legal profession, which is around 50%. Further, the appellant lead counsel figures, and civil figures, are consistently worse for women than the overall figures. The respondent figures provide a better picture for women lead counsels in both courts. And when only criminal cases are analysed, the proportion of women appearing as lead counsel is better, both in appellant and respondent roles. When Crown Law cases are excluded the number of women appearing as lead counsel drops dramatically, especially for respondent counsel.
The report reveals that there has been no discernible trend of improvement in the representation of women as lead counsel during the six years relating to this study, 2012 to 2017. It says there is much work to be done in the legal profession to rectify this imbalance in terms of advocacy roles in court held by men and women.
The report provides tables and graphs of the data gathered, a summary of results and finally a conclusion that calls for change in terms of advocacy opportunities for women.
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Publisher: |
New Zealand Bar Association |
Format: |
PDF, 46 pages |
Link #1: |
Publication information |
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| 2018 | A Constitutional Moment - Gene Drive and International Governance | Terry, Simon., Howard, Stephanie. | |
| Synopsis: | 'Gene drive' offers the power to deliver "extinction to order" or the permanent reengineering of wild species. Since this new genetic engineering technique was first mooted in 2014, calls to place the technology under global governance have quickly followed. The recognition that gene drive is no ordinary technology - one that "knows no political boundaries" - has bolstered that call. Yet existing international agreements are inadequate to deal with the technique because it is not a mere extension of genetic engineering in its ambitions or capacity. Gene drive technology has the potential to rapidly alter ecosystems in irreversible and damaging ways, where the removal of a species or population could trigger unintended cascades through the environment. |
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Publisher: |
Sustainability Council of New Zealand |
Format: |
PDF, 77 pages |
Link #1: |
Publication information |
Link #2: |
Sustainability Council Launch Media Release |
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| 2018 | Reform of The Resource Management System - The Next Generation - Working Paper 2 | Severinsen, Greg., Peart, Raewyn., Cox, Brooke. | |
| Synopsis: | The purpose of this project is to take a first-principles look at the resource management system in New Zealand and outline options for reform. This is the second in a series of working papers generated by the project. The first paper considered the projects conceptual framework, the context for reform, ethics and principles, and some key findings from EDS's international study tour. This second paper addresses (1) what the future could look like, and its implications for the resource management system (2) legislative design (3) public participation (4) NZ's obligations under international law. This paper is intended primarily as a primer for discussion and feedback. |
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Publisher: |
Environmental Defence Society |
Format: |
Hard-copy,144 pages |
Link #1: |
Publication information |
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| 2018 | Royal Commission into Abuse in State Care - Compilation of Reports | Stanley, Elizabeth., Noonan, Rosslyn., Cooper, Sonja., Erueti, Anaru. | |
| Synopsis: | Following the announcements of the new Labour-led government in October 2017 there were clear signs of an intention to hold an independent inquiry into the abuse and neglect of children, young people and vulnerable adults in state care. The documents attached to this report were prepared in response to that commitment. They were led by the authors, all of whom were informed by the views of survivors, along with experts and professionals working in the field of child care.
FIRST DOCUMENT - "Draft framework for a New Zealand Royal Commission into Abuse in State Care", dated 4 Dec 2017 - this was prepared knowing that the government was preparing draft terms of reference for the inquiry.
SECOND DOCUMENT - A report on results of the survey "Survivors' Submissions on Inquiry into Abuse in State Care, 2018" - 422 submissions.
THIRD DOCUMENT - Short report on the Law Foundation funded Hui 14-15 Feb 2018 that was held to discuss and make recommendations on the Terms of Reference for the Royal Commission released by government on 1 Feb 2018. Attendees included survivors, advocates, practitioners working in the care/justice/health sectors, academics and media professionals and the newly appointed Chair of the Royal Commission.
FOURTH DOCUMENT - "Royal Commission of Inquiry into Abuse in State Care Submission on Government's draft terms of reference", dated 24 April 2018, prepared by the authors.
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Publisher: |
The authors: Stanley, Elizabeth., Noonan, Rosslyn., Cooper, Sonja., Erueti, Anaru. |
Format: |
PDF, 48 pages |
Link #1: |
Publication information |
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| 2018 | Disability Legislation and Outcomes - A review of the social and economic impact of disability and accessibility legislation in New Zealand and selected Jurisdictions. | NZIER - NZ Institute of Economic Research Inc | |
| Synopsis: | This report considers current legislative models for accessibility for people with disability (PWD) in jurisdictions that New Zealand usually benchmarks itself against; namely, Canada and particularly Ontario, Australia, and UK.
The legislative models have been assessed in terms of how they compare to each other across some common points of reference e.g. extent of prescription; compliance with UNCRPD**, the efficiency of each of the models from a good regulatory practice perspective and effectiveness in terms of their impact on social and economic outcomes. The report also provides a literature review of available, relevant information from the selected jurisdictions on their experience of their legislative models, with a view to identifying lessons and possible improvements for New Zealand legislation.
While the jurisdictions examined in this report are countries with whom we have many similarities, there are also many differences that make direct comparison or the 'lifting' of aspects of a legislative model unwise. Despite a Commonwealth heritage, each jurisdiction has a different legislative history and each society takes a different approach to discrimination and disability. Nevertheless, there are general impressions and lessons that can be drawn from these different country experiences.
**NZ has responsibilities under the Convention on the Rights of Persons with Disabilities UNCRPD, including Article 9's requirement for State Parties to take appropriate measures to ensure accessibility in the physical environment, transportation, information, communications (including technology), and services. The first UN review of New Zealand's UNCRPD compliance was generally favourable; however, areas identified for New Zealand to work on included implementation and the lack of minimum enforceable standards for accessibility.
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Publisher: |
Blind Foundation of New Zealand |
Format: |
pdf, 76 pages |
Link #1: |
Publication information |
Link #2: |
Disability Law Policy Brief for the Access Alliance |
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| 2018 | Reform of the Resource Management System - The Next Generation - Working Paper 1 | Severinsen, Greg., Peart, Raewyn | |
| Synopsis: | The purpose of this project is to take a first-principles look at the resource management system in New Zealand and outline options for reform. This is the first in a series of working papers to be generated by the project. It outlines the matters explored by the project team thus far: (1) the development of a conceptual framework; (2) establishing the context for reform; (3) an exploration of ethics in resource management; (4) a survey of the principles of resource management; and (5) the key insights gained from the Environmental Defence Society's (EDS) recent international study tour. |
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Publisher: |
Environmental Defence Society |
Format: |
PDF, 72 pages |
Link #1: |
Publication information |
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| 2018 | The Grand Jury of New Zealand in The Nineteenth Century | Taylor, Greg | |
| Synopsis: | The grand jury of New Zealand existed for 118 years, but virtually nothing is known about its operation. This article shows that the grand jury of New Zealand developed from an imported institution in 1844 to one that somewhat more closely reflected New Zealand's needs. Nevertheless, from the first there were voices calling for its abolition and considerable diversity of opinion about its aims and usefulness. It was never comprehensively overhauled to meet local conditions. A survey of its make-up and functions is given along with a survey of the judicial charges given to it and the presentments it made on matters of public importance. Often, and especially in the first few decades of the grand jury's existence, the impression is given that making presentments on a great variety of topics of public interest was the most important function of the grand jury, eclipsing its role in the criminal law proper. There is special consideration of grand juries and Maori people. The analysis concludes with a conspectus of the grand jury towards the end of its existence (1961) along with the debates surrounding its demise.
Author, Greg Taylor, is a Professor of Law at the University of Adelaide; Honorary Professor of Law, Marburg University, Germany; Honorary Associate Professor, R.M.I.T. University, Melbourne. He gratefully acknowledges that the research for this article was made possible thanks to a generous grant from the New Zealand Law Foundation. | |
Publisher: |
American Journal of Legal History Oxford University Press |
Format: |
Internet - temp online access |
Link #1: |
Publication information |
Link #2: |
Link to article - please contact NZLF if you find this is no longer active |
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| 2018 | Rangatahi Maori and Youth Justice - Oranga Rangatahi | Henwood, Carolyn., George, Jennifer., Cram, Fiona., Ngati Pahauwera., Katoa Ltd Haimona Waititi., Te Whānau-Ā-Apanui., Ngāti Porou., Ngāi Tahu | |
| Synopsis: | This report seeks to understand the involvement of rangatahi Māori (14- to 16-year-olds) in the youth justice system in this country. It asks why so many of the young people moving through this system are Māori, and describes some of the actions being taken to reduce rangatahi Māori engagement with it. | |
Publisher: |
Iwi Chairs Forum |
Format: |
PDF, 86 pages |
Link #1: |
Publication information |
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| 2018 | Communication Assistants (Intermediaries) - Structure, training and support - Lessons for New Zealand | Bonetti, Michelle. | |
| Synopsis: | This report provides a comprehensive overview of the initial introduction of Communication Assistants (CA's) into the judicial system in New Zealand, the progress made to date, the observations and lessons learned from international contexts, and present proposed methods of working moving forward. The results of a survey of experienced Intermediaries is also discussed, providing critical information about the key competencies required as part of the role. A focus is drawn to the experiences of the author in both New Zealand and the UK throughout the training and mentoring process, including the challenges faced in this initial stage of rollout.
Due to the significant progress that has been made in supporting the communication needs of vulnerable persons in the judicial system internationally (particularly in the UK), lessons for training and the practical rollout of the utilisation of CA's in justice contexts, can be drawn from these differing jurisdictions and subsequently considered for application in the New Zealand context. These are considered both within their international contexts and in application to the New Zealand context at present. Future directions for learning and development of the role of a CA within New Zealand Courts are discussed and advice for best practice is shared.
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Publisher: |
Moretalk Courts Communication Assistant |
Format: |
PDF, 47 pages |
Link #1: |
Publication information |
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| 2018 | Regulation of New Technology: Institutions and Processes | Every-Palmer, James. | |
| Synopsis: | The rapid development and uptake of information technology has had a significant impact on how New Zealanders work and socialize, and on how our economy and occupations are organised. This paper contributes to a conversation about the implications of technology change for good regulatory practice in terms of our institutions and processes. This paper asks whether some sorts of institutions and processes are likely to be better suited to accommodating and regulating technological changes than others.
The author identifies six broad policy issues that often arise in relation to new digital technologies and need to be considered by our regulatory systems. In addition, the author sets out and discusses five steps that we should taking now to be in the best position to adjust our regulatory settings to accommodate and/or regulate new technologies in the future.
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Publisher: |
James Every-Palmer |
Format: |
PDF - 23 pages |
Link #1: |
Publication information |
Link #2: |
James Every-Palmer's web pages for ILAPP grants |
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| 2017 | ONE COURT, ONE JUDGE - An Integrated Court System for New Zealand Families Affected by Violence | Lawton, Zoe | |
| Synopsis: | This discussion paper is the first of its kind in New Zealand and explores whether integrated domestic violence courts should be implemented in New Zealand. It is divided into four parts:
Part 1 sets the scene by providing an overview of how the court system currently operates in New Zealand.
Part 2 explains how the integrated domestic violence court system currently operates in New York.
Part 3 compares both court systems to determine which is better for families affected by violence.
Part 4 highlights several key considerations for the Ministry of Justice in terms of developing a customised operating model for integrated domestic violence courts in New Zealand. |
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Publisher: |
Zoe Lawton |
Format: |
PDF, 46 pages |
Link #1: |
Publication information |
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| 2017 | Analysis of the Trans-Pacific Partnership Agreement from a NZ Perspective - Eight Expert Papers | Bertram, G., Charters, C., Coates, B., Erueti, A., Harre, L., Harvey, D., Hazeldine, T., Holman, A., Johnson, M., Jones, C., Kawharu, A., Kelsey, J., McHaffie, K., Monahan, D., Northey, R., Oram, R., Shaw, J., Terry., S., Ting-Edwards, J. | |
| Synopsis: | From Sept 2014 until Nov 2017 the Law Foundation supported a research project entitled "Analysis of the Trans-Pacific Partnership Agreement from a NZ Perspective". At the time of this project it seemed likely the TPP would go ahead and be supported by New Zealand. The project attempted to demystify complex issues and stimulate debate through a series of expert analyses on aspects of the TPPA. This was coordinated by Auckland University Law Professor Jane Kelsey and Barry Coates, former executive director of Oxfam New Zealand.
The eight expert papers released on the TPPA Legal website were written to inform public opinion and debate and address concerns raised about the lack of publicly available information about the TPPA. They were not intended to be a comprehensive, formal impact assessment of the TPPA but were expected to provide clarity and understanding to complex legal issues surrounding the agreement, and help and bring new thinking to the subject.
The papers covered TPPA provisions and their implications for policy and impacts on New Zealand society. They provide source material for researchers, MPs, professional bodies, NGOs, trade unions, journalists, activists and opinion-formers, to inform debate.
EXPERT PAPER #1: Treaty Making, Parliamentary Democracy, Regulatory Sovereignty and The Rule of Law; by Prof Jane Kelsey; Dec 2015.
EXPERT PAPER #2: Chapter 9 on Investment; by Amokura Kawharu; Dec 2015.
EXPERT PAPER #3: Maori Rights, Te Tiriti O Waitangi and the Trans-Pacific Partnership Agreement; by Dr Carwyn Jones, Assoc Prof Claire Charters, Andrew Erueti, Prof Jane Kelsey; Jan 2016.
EXPERT PAPER #4: The Environment Under TPPA Governance; Simon Terry; Jan 2016.
EXPERT PAPER #5: The Economics of the TPPA; by Barry Coates, Rod oram, Dr Geoff Bertram and Prof Tim Hazledine; Jan 2016.
EXPERT PAPER #6: Implications of TPPA for Local Government; by Tony Holman, Richard Northey and Prof Jane Kelsey; Feb 2016.
EXPERT PAPER #7; Intellectual Property and Information Technology; by James Ting-Edwards, Melanie Johnson, Judge David Harvey, Debbie Monahan, Kate McHaffie and Jo Shaw; Feb 2016.
EXPERT PAPER #8: TPPA Labour Chapter; by Laila Harre; May 2017.
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Publisher: |
Kelsey, Jane. |
Format: |
PDFs on web link below |
Link #1: |
Publication information |
Link #2: |
PDF of Expert Papers 1 to 8 on TTP - 222 pages |
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| 2017 | Last Line of Defence - compliance, monitoring and enforcement of New Zealand's environmental law | Brown, Marie A. | |
| Synopsis: | Dr Marie Brown's research report builds on previous Law Foundation funded EDS reports and aims to contribute to the national dialogue on environmental enforcement.
Evaluating environmental enforcement practice provides valuable insights into the strengths and weaknesses of a regime and helps to better target expenditure and effort to areas most likely to reduce risk of harm. This report has three key aims: 1. To educate readers about the importance of compliance, monitoring and enforcement (CME) of environmental law 2. To demonstrate empirically the current state of play in CME around the country and across several agencies and several regimes 3.To identify key issues and solutions that will assist in strengthening regulatory outcomes. |
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Publisher: |
Environmental Defence Society |
Format: |
Softcover |
Link #1: |
Publication information |
Link #2: |
120 page PDF of the research report |
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| 2017 | SOLVING THE PROBLEM: Causation, transparency and access to justice in New Zealand's personal injury system | Forster, Warren., Barraclough, Tom., Mijatov, Tiho. | |
| Synopsis: | This report follows an earlier report (by Warren and his team) to the United Nations in late 2014, their access to justice report of July 2015, its review by Miriam Dean QC, and their subsequent attempts to constructively engage with agencies responsible for implementing Ms Dean's recommendations.
After considerable reflection and research, the team has concluded that the most effective way of reducing the harm done by access to justice barriers "downstream" is to look at the systemic factors creating those barriers "upstream".
They have done their best to understand how current reform processes will help to improve access to justice.
They see the access to justice issues in this area as having two problems in common. The first is the way that ACC assesses causation as a boundary test for the scheme and the effects of that process. The second is the lack of transparency and oversight around this and all other ACC dealings with other organisations and with individuals.
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Publisher: |
Warren Forster |
Format: |
PDF 98 pages |
Link #1: |
Publication information |
Link #2: |
Radio NZ Nine to Noon interview with Kathryn Ryan |
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| 2017 | Revised Legal Frameworks for Ownership and Use of Multi-Dwelling Units | Toomey, Elizabeth., Finn, Jeremy., France-Hudson, Ben., Ruru, Jacinta. | |
| Synopsis: | A research team, based in the Faculties of Law at the University of Canterbury and the University of Otago, was granted funding from BRANZ's Building Research Levy to find solutions for better housing in New Zealand by identifying the barriers that currently exist for multi-dwelling units on a single title, or for buildings which mix commercial and residential units on a single title, when those buildings are destroyed by a natural disaster (the Canterbury earthquakes were the catalyst for this research), or as a result of the leaky home syndrome. The team gained additional funding from the New Zealand Law Foundation. | |
Publisher: |
BRANZ |
Format: |
PDF 338 pages |
Link #1: |
Publication information |
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| 2017 | Judging Genes and Choosing Children: revisiting law, ethics and policy in the genomic era | Snelling, Jeanne., Kerruish, Nikki., Lenagh-Glue, Jessie. | |
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| 2017 | Finding Ecological Justice in New Zealand | Browning, Claire | |
| Synopsis: | Claire's research report takes environmental justice as the starting point for looking at environmental law and injustice in Aotearoa. It argues that while we might not perceive it, and the RMA for example never uses the word, environmental law exists to deliver justice.
Through different aspects of the law the report looks at recognition, participation, and hopes of delivering justice between peoples, generations, and sentient and non-sentient others alive in the world.
The report focuses, in particular, on kaitiakitanga* as developed by the Waitangi Tribunal, arguing that not only does this resemble environmental justice claims; it is in kaitiakitanga that we will find ecological justice in Aotearoa.
*(Kaitiakitanga means guardianship, protection, preservation or sheltering. It is a way of managing the environment, based on the traditional Māori world view where they believe there is a deep kinship between humans and the natural world. All life is connected. People are not superior to the natural order; they are part of it.)
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Publisher: |
Claire Browning |
Format: |
PDF 142 pages for read-only version, 155 pages for the printable version |
Link #1: |
Publication information |
Link #2: |
Printable version |
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| 2017 | The Wheels of Justice: Understanding the Pace of Civil High Court Cases | Toy-Cronin, Bridgette., Irvine, Bridget., Stewart, Kayla., Henaghan, Mark. | |
| Synopsis: | In a New Zealand first, a team of researchers from the University of Otago Legal Issues Centre have investigated the length of High Court civil cases. The goal of this research was to examine if, and where, delays occurred, as well as to see what could be done about them.
The research, co-funded by the New Zealand Law Foundation, included a quantitative analysis of Ministry of Justice data, analysis of physical court files, and interviews with lawyers, judges, court staff and litigants.
An important finding of the study was that overall length of a case does not tell the full picture. There is a need to look much deeper to see what is really happening, and to be more sophisticated in thinking about what we want from the justice system. Speed is one important goal but so is fairness and justice and keeping down cost.
Potential solutions to address various causes of delay include earlier identification of issues in dispute; greater inclusion of litigants earlier in the process; improving the timing and methods of eliciting witness evidence; considering judicial specialisation; protecting judgment-writing time; and harnessing the benefits of modern technology.
Another key area for further research is initiatives to lower or better plan the cost of legal representation, as legal expenses have a close but complex relationship with the pace of litigation.
There is also an urgent need to improve data about who uses our courts, whether or not they are represented, and how their cases proceed.
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Publisher: |
University of Otago |
Format: |
PDF 142 pages |
Link #1: |
Publication information |
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| 2017 | New Zealand Women Judges Oral Histories Project: Part 2 | Chan, Elizabeth | |
| Synopsis: | This article is the PART-2 summary of the concluding part of the Women Judges Oral History Project and has been prepared by former Supreme Court clerk Elizabeth Chan. The Oral History project, under the leadership of Justice Susan Glazebrook and Dame Judith Potter, conducted life history interviews with 24 women judges. This PART-2 article is the result of Ms Chan reviewing the interview transcripts of the women judges who took part in this project. The themes arising from the first nine interviews are discussed in Ms Chan's 2014 article published by Victoria University Law Review. This article includes findings from the remaining 15 interviews. The aims of the project were: (1) To record and assess experiences and perspectives on law and judging (2) To record and assess the varied careers of the judges and their contributions to the legal profession and the judiciary both in New Zealand and internationally (3) To contribute to an understanding of the low levels of participation of women in the legal profession and the judiciary. | |
Format: |
PDF, 38 pages |
Link #1: |
Publication information |
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| 2017 | Women Experiencing Discrimination -2016 - Aotearoa New Zealand Non-Governmental Organisations REPORT | National Council of Women of New Zealand | |
| Synopsis: | Comments on the UN CEDAW Monitoring Committee on New Zealand's progress in implementing the Convention on the Elimination of All Forms of Discrimination against Women. | |
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PDF / Softcover 74 pages |
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| 2016 | Pathways to Prosperity: Safeguarding Biodiversity in Development | Brown, Marie A. | |
| Synopsis: | Pathways to Prosperity is a follow-up publication to EDS's Vanishing Nature, also written by Senior Policy Analyst Dr Marie Brown and funded by the Law Foundation. It focuses on how to better safeguard biodiversity in development. It describes present approaches to managing development and proposes a range of policy and practice improvements to enhance environmental outcomes and regulatory efficiency. These improvements range from the improved use of bonds under the Resource Management Act 1991 and the increased use of outcome-based conditions through to a National Policy Statement on Indigenous Biodiversity and more effective planning at a strategic level. Pathways to Prosperity will be of particular interest to resource managers, developers, council officials and environmental groups. Dr Brown says "Ad hoc biodiversity protection has failed to address cumulative effects over time, leaving our flora and fauna in a perilous state. We think we've devised a package of ideas that will put us on the path toward a more prosperous future with thriving ecosystems and a robust economy." |
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Environmental Defence Society |
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Soft Cover 74 pages |
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| 2016 | First steps - The Experiences and Retention of New Zealand's Junior Lawyers | Pemberton, Joshua | |
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| 2016 | Mental Capacity - Updating New Zealand's Law and Practice | Douglass, Alison | |
| Synopsis: | This report is the result of a legal research project undertaken by the writer as the 2014 recipient of the New Zealand Law Foundation International Research Fellowship. The project has involved analysis of relevant New Zealand law plus analysis of the legislative framework provided by the Mental Capacity Act 2005 (for England and Wales) and its associated Code of Practice. Key informants for this research include leading experts, academics and members of the judiciary in the United Kingdom, as well as a wide range of people working in the health and disability sector in New Zealand. A survey of doctors' educational needs was undertaken to inform the toolkit on assessing capacity. |
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Publisher: |
Alison Douglass |
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Softcover 260 pages and micro-website |
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Radio NZ interview with Alison Douglass 26 July 20 |
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| 2016 | Barriers to Education in New Zealand: The Rise of Informal Removals of Students in New Zealand | Walsh, Jennifer. | |
| Synopsis: | This research examines barriers to inclusive education in New Zealand. Inclusive education refers to the ability of students to access and gain the benefits of a right to education. The research aimed to gain a snapshot of student experiences in order to assess whether barriers to inclusive education existed in New Zealand. In particular, to investigate the phenomena known as "kiwi suspension" or illegal suspensions where students are covertly encouraged to withdraw from school. One of the primary goals was to provide a basis to indicate where there may be need for further research to assess the scale and frequency of any identified barriers to education. A secondary goal was to assess the findings and propose potential ameliorative law reform. The research data was sourced from individual accounts of student experiences. The stories were gathered through a public survey and through analysis of Youthlaw's own historical case files. This information was assessed in light of statistical data from the Ministry of Education ("MOE"), domestic law and policy and international literature. | |
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Youthlaw Aotearoa |
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PDF, 182 pages |
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| 2016 | Study of Grandparents in Family Court Proceedings over their Grandchildren prior to the 2014 Changes to the Court | Gordon, Liz | |
| Synopsis: | This study reports the results of a quantitative and qualitative survey conducted with a group of grandparents raising their grandchildren who had been involved in custody and guardianship matters in the Family Court prior to the 2014 changes. The sample was derived from an earlier, larger study of grandparents raising grandchildren (Gordon, 2016). In total 138 participants were interviewed via a CATI - computer assisted telephone interview. Most of the participants went to the Family Court to get custody and guardianship of one or more grandchildren. They did so under their own steam in order to add certainty to existing arrangements, or on the instructions of Child, Youth and Family (CYF). Many were concerned about the welfare of their grandchildren. Some needed to gain guardianship before they were able to access the Unsupported Child Benefit. The study reports on a range of aspects related to the participants' experiences with the Family Court. Here are some key things it covers: why they became involved; whether a lawyer was appointed to represent them, how they rated them and how much they paid for their services; whether they received legal aid and whether they had to repay it; who the opposing parties were; how easy they found the process; whether they were involved with mediation and how successful this was; whether the children got a say; whether they got the outcome they sought; the stability of the arrangements; how they rated the whole Family Court experience. |
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Publisher: |
Pukeko Research Ltd |
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PDF, 52 pages |
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Pukeko Research Ltd web site |
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| 2015 | Evaluation of the 2014 Family Law Reforms: Phase One | Henaghan, Mark, Gollop, Megan., Taylor, Nicola | |
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Children's Issues Centre, University of Otago |
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PDF, 58 pages |
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| 2015 | Fault lines: Human rights in New Zealand | McGregor, Judy., Bell, Sylvia., Wilson Margaret. | |
| Synopsis: | A report on the status of human rights in New Zealand says serious fault lines are developing and that the country's reputation as a global leader is at risk. "A three year study of the six major human rights treaties that New Zealand has signed shows we're better at talking about human rights than walking the talk and implementing our promises made internationally," says Auckland University of Technology's Professor Judy McGregor, co-author of Fault lines: Human rights in New Zealand. The report suggests New Zealand needs to take urgent remedial action to retain its point of difference as a human rights leader. It is also critical of the level of understanding of Members of Parliament of human rights treaty obligations. It suggests 13 recommendations to help New Zealand retain human rights leadership including a comprehensive rewrite of human rights legislation, a new parliamentary select committee to deal with human rights and the urgent repeal of non-human rights compliant legislation to reinstate the rights of all New Zealanders to complain about discrimination. The recommendations also suggest a new more proactive role for the Māori Affairs Select Committee in monitoring New Zealand's response to the United Nations about closing the inequality gaps. More New Zealanders should be nominated for significant UN human rights treaty bodies and journalists need better training in the reporting of treaty body reports which remain largely invisible to the public. New Zealand has ratified six international treaties covering political, civil, economic, social and cultural rights, racial discrimination and the rights of women, children and people with disabilities. Fault lines, examines each of the treaties and New Zealand's engagement in the Universal Periodic Review, an overview of human rights progress. The report is based on interviews in New Zealand and at the United Nations, case law, analysis of treaty body reports and personal observation. |
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Publisher: |
McGregor, Judy., Bell, Sylvia., Wilson Margaret. |
Format: |
PDF, 211 pages |
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Stuff News item 2/4/2015 |
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| 2015 | Understanding the Problem: an Analysis of ACC Appeals Processes to Identify Barriers to Access to Justice for Injured New Zealanders | Forster, Warren., Powell, Denise., Barraclough, Tom., Mijatov, Tiho | |
| Synopsis: | The report examines more than 500 written decisions of the District Court, High Court and Court of Appeal that were decided between 2009 and 2015. The aim of the research was to identify barriers to access to justice faced by people seeking to dispute ACC decisions through the statutory dispute resolution process in the courts. The research report shows that people disputing ACC decisions lack the resources required to present an arguable case. It finds that claimants have not been getting access to justice, and that reform is needed to address the barriers. The authors see the need for constructive dialogue with stakeholders in the ACC system and for advancing towards a human rights focus for the ACC system. They hope the Government will engage in further consultation with injured people under the Convention on the Rights of Persons with Disabilities before introducing legislation to Parliament. | |
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Acclaim Otago Inc |
Format: |
PDF 176 pages |
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| 2015 | Superdiversity, Democracy & New Zealand's Electoral & Referenda Laws | Chen, Mai | |
| Synopsis: | "Superdiversity, Democracy and New Zealand's Electoral and Referenda Laws" analyses the accommodations which New Zealand's electoral laws already make for eligible voters with little or no English, and makes recommendations for improvements based on our review of the electoral systems of comparable superdiverse cities and countries overseas. |
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Publisher: |
Mai Chen |
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PDF, 75 pages |
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| 2015 | Keeping Up Appearances: Accessing New Zealand's Civil Courts as a Litigant in Person | Toy-Cronin, Bridgette. | |
| Synopsis: | The thesis asks, why are litigants going to New Zealand's civil courts without a lawyer? What is their experience of litigating in person? How do the inhabitants of the court system - the judges, lawyers and court staff - perceive litigants in person and respond to them? The research participants included litigants in person (LiPs) (34), court staff (8), lawyers (16) and judges (13), so that their different perspectives could be considered. The thesis argues that there is a contradiction underlying the promise of LiP access to the courts. The courts promise a forum to vindicate citizens' rights. Without this forum, their rights are empty, merely occurring on the books and not in reality. Yet the courts do not have the resources to hear all the claims citizens have. To appear to provide justice and control their process, the courts must both promise and limit access simultaneously. Normally lawyers play a central role in mediating such access, by screening and translating claims, and negotiating clients towards settlement. LiPs come straight to the courts, however, and threaten this delicate balance. They also struggle to access the courts in a meaningful way, not necessarily because of any particular personal deficits, but because there are so many complexities and conflicts that cannot be easily overcome by a litigant advocating their own cause. The thesis considers various policy reforms and encourages a re-evaluation of the stereotypical view of LiPs, as a means by which the delicate balance between projecting accessibility and protecting the scarce resource of court time might be somewhat restored. It also argues that reforms within the court system alone cannot offer a complete answer. Broader social responses, that address access to justice for people likely to become LiPs, must look beyond the courts, to policies that address inequalities of wealth and promote social justice. | |
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Faculty of Law, University of Otago |
Format: |
PDF, 304 pages |
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| 2014 | Adopting Issues: Final report to the United Nations Committee on the Convention on The Rights of Persons with Disabilities | Forster, Warren., Powell, Denise (Dr)., Barraclough, Tom. | |
| Synopsis: | This is a final report to the UN Convention on the Rights of People with Disability (CRPD) Committee that raises issues people disabled by injury face by reference to the articles of the Convention. | |
Publisher: |
Acclaim Otago (Inc) |
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| 2014 | Better and Better and Better? A Legal and Ethical Analysis of Preventive Detention in New Zealand | Gavaghan, Colin., Snelling Jeanne., McMillan, John. | |
| Synopsis: | The passing of New Zealand's Public Safety (Public Protection Orders) Bill has coincided with the publication of this report from Otago University academics that looks into the role of preventive detention in New Zealand. The report traces the trend towards measures that aim not just to punish crime, but to prevent its occurrence. The authors note that various civil and criminal measures already exist that are oriented towards future risk (preventive detention at sentence, Extended Supervision Orders, and civil detention schemes). The new law, though, takes this to a new level. These new orders will mean people can be locked up, possibly forever, based not on the crimes they've committed, but on the basis of predictions about what we think they might do in future. The report acknowledges that protecting citizens from dangerous offenders is an important duty - moral as well as legal. And it doesn't entirely reject the possibility that detention may occasionally be required to achieve this. Questions remain, though, as to whether PPOs are the most effective or proportionate means of achieving this. A major focus of the report is on the question of how accurately we can predict future dangerousness. While there appears to be no consensus on this question, even among experts, the authors of the report did encounter repeated warnings about over-reliance on contested methodologies, and about decisions being skewed by fears of the professional and public consequences. The report suggests that one way of minimizing such dangers may be to set up an independent risk assessment body, perhaps along the lines of Scotland's Risk Management Authority, which seeks to ensure that decisions about potentially dangerous offenders are based on the best independent evidence. | |
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University of Otago |
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| 2014 | Developing a more responsive legal system for people with intellectual disability in New Zealand | Mirfin-Veitch,Brigit., Diesfeld, Kate., Gates, Sue., Henaghan, Mark. | |
| Synopsis: | This report provides an overview of findings generated through a research project that commenced in 2012. This two-year study created an opportunity to explore the legal experiences of people with intellectual disability and those of lawyers and judges with knowledge of this group. It is intended that the research be used to inform legislation, policy and practice in the area of intellectual disability and the legal system. Furthermore, the research has the potential to contribute information about the extent to which New Zealand is giving expression to the UNCRPD, in particular Articles 12 (equal recognition before the law) and 13 (access to justice), and to identify issues and areas that require attention. |
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Publisher: |
Donald Beasley Institute |
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| 2014 | New Zealand Coroners' Recommendations 2007-2012 | Moore, Jennifer., Henaghan, Mark. | |
| Synopsis: | The central aim of this study was to describe and investigate the nature, recipients, and preventive potential of NZ coroners' recommendations from 1 July 2007 to 30 June 2012. This research also aimed to inform coronial practice, improve the preventive potential of coronial recommendations, and inform the debate about whether the Coroners Act 2006 should be amended to include a mandatory response regime. | |
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University of Otago |
Format: |
PDF - 430 pages |
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News Release 5-Jan-2015: Better Government Reforms |
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| 2014 | Women Trailblazers in the Law: The New Zealand Women Judges Oral Histories Project: PART 1 | Chan, Elizabeth | |
| Synopsis: | This article is PART-1 of the New Zealand Women Judges Oral Histories Project. It aims to provide the first national, publicly accessible records of the lives and careers of trailblazing women judges (and lawyers) in New Zealand. It provides an overview of the New Zealand Women Judges Oral Histories Project and explores two major themes from the first nine interviews conducted with current and retired women judges. The first theme examines the women judges stories from a cultural perspective, the second identifies the challenges the women judges faced because of their gender and their attempts to break gender barriers. It concludes by reflecting on what we can learn from these stories and what younger generations of women in the law might strive to achieve in the future. | |
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Victoria University of Wellington Law Review, 45, 407-436. 2014. |
Format: |
PDF, 24 pages |
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| 2013 | Expert Witnesses Under Examination in the New Zealand Criminal and Family Courts | Henderson, Emily., Seymour, Fred. | |
| Synopsis: | This is a qualitative empirical research project examining the experiences of experts who testify in both the criminal and Family Courts in New Zealand regarding child abuse and neglect and sexual assault generally. The study considers whether there is truth in the anecdotal accounts of widespread reluctance amongst experts and it also examines lawyers' and judges' suspicions of bias amongst experts. It considers the areas of the court process which experts find most difficult and proposes a number of solutions. |
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School of Psychology, University of Auckland |
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| 2013 | Safeguarding the Rights of People Detained for Compulsory Psychiatric Treatment - the Role of the District Inspector | Thom, Katey., Prebble, Kate., Black, Stella., Diesfield, Kate. | |
| Synopsis: | This report focuses on the role of District Inspectors under New Zealand's Mental Health Act. It highlights areas worthy of further consideration, including future support and training for District Inspectors, and the need to ensure stakeholders have an understanding about the role. |
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Centre for Mental Health Research, University of Auckland School of Nursing |
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| 2013 | REPORT 1: A Review of Alcohol and Other Drug Court Evaluations | Meehan, Claire., Thom, Katey., Mills, Alice. | |
| Synopsis: | This report provides a review of the literature surrounding the origin and implementation of Alcohol and Other Drug Courts in NZ, followed by a critical analysis of the existing methods used to evaluate AODCs internationally. By synthesising the existing literature, this report highlights the strengths and weaknesses of existing evaluations with the aim of informing the future research of AODCs. | |
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Centre for Mental Health Research, University of Auckland School of Nursing |
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| 2013 | REPORT 2: Evaluating Community Justice - a review of research literature | Thom, Katey., Mills, Alice., Meehan, Claire., Chetty, Marylin. | |
| Synopsis: | This report provides a comprehensive overview and critical exploration of existing evaluations on community courts and justice centres. It is hoped this report will act as a resource for future considerations of the development, implementation and on-going evaluation of community justice approaches in NZ. | |
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Centre for Mental Health Research, University of Auckland School of Nursing |
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| 2013 | REPORT 3: Evaluating the Aims, Methods and Results of Indigenous Courts | Black, Stella., Kidd, Jacquie., Thom, Katey., Meehan, Claire. | |
| Synopsis: | This report examines each of the eight indigenous courts that have been subjected to evaluation research. By synthesising the existing literature, this review attempts to highlight the strengths and limitations of existing studies, thereby informing future research of indigenous courts. | |
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Centre for Mental Health Research, University of Auckland School of Nursing |
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| 2013 | REPORT 4: Family Violence Courts - a Review of the Literature | Mills, Alice., Thom, Katey., Meehan, Claire., Chetty, Marilyn. | |
| Synopsis: | This review focuses on the existing evaluation research on specialist family courts that has taken place primarily in Commonwealth jurisdictions and, to a lesser extent, the United States. The review begins with a brief overview of the development of family violence courts and then considers existing evaluations, highlighting the methodological approaches used and the key findings. The review concludes by considering the contributions of the existing research for future evaluations of family violence courts. | |
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Centre for Mental Health Research, University of Auckland School of Nursing |
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| 2013 | REPORT 5: Evaluating Problem-Solving Courts in New Zealand - a Synopsis Report | Mills, Alice., Thom, Katey., Meehan, Claire., McKenna, Brian. | |
| Synopsis: | Currently there is limited research available on the function and effectiveness of the problem-solving courts in NZ. This report, outlines a preparatory study of the problem-solving movement in NZ, with a view of providing the foundations for future evaluations which are methodologically robust and theoretically grounded. | |
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Centre for Mental Health Research, University of Auckland School of Nursing |
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| 2013 | Shadow Report to the 18th, 19th and 20th consolidated report of the New Zealand Government under the International Convention on the Elimination of All Forms of Racial Discrimination (CERD) | Human Rights Foundation of Aotearoa New Zealand | |
| Synopsis: | 2013 Shadow Report to the UN Committee for the Elimination of Racial Discrimination (CERD) | |
Publisher: |
Human Rights Foundation of Aotearoa New Zealand |
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| 2012 | Youth Advocates in Aotearoa/New Zealand's Youth Justice System. - exploring the roles, functions and responsibilities of lawyers for young people. | Cleland, Alison | |
| Synopsis: | Alison's investigation found that the role of Youth Advocates is a complex one that requires specialist training for working with young offenders. The work frequently goes beyond providing basic advocacy to being a mentor and supporter. It is this specialised expertise that is important for ensuring young people know what they are charged with, can give instructions and understand the consequences of being involved in the process. The report raised concerns that the Government's Legal Assistance (Sustainability) Bill would remove the specialist criteria for appointments to this role, and that this would be a real threat to the system. The government has subsequently announced that it will no longer insist on bringing youth advocates under the Ministry of Justice generic criteria for appointment. |
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Publisher: |
University of Auckland, NZ |
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| 2012 | PART 1 Parenting Orders in the Family Court | Pryor, Jan | |
| Synopsis: | This project has two major components (1) an interview study with 28 Court Professionals carried out in order to elicit their views and perspectives on the Family Court. (2) a survey of 190 parents who had separated was carried out, to elicit their experiences of using the Court. Of these 128 had had Orders made, and 62 had solved their issues without recourse to the Court other than, in a few cases, for counselling. The findings of the interview component were reported in a submission to the consultation committee for the review of the Family Court. This report summarises the findings of the survey component. | |
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Roy McKenzie Centre for the Study of Families, School of Psychology, Victoria University of Wellington. |
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| 2012 | PART 2 Review of Family Court: the views of Family Court Professionals | Pryor, Jan., Major, Elizabeth. | |
| Synopsis: | This paper responds to the consultation paper issued by the Ministry of Justice in September 2011. It reports some findings from a bigger project funded by the Law Foundation to inform responses in particular to the third point in the terms of reference: The role of professionals (lawyers, psychologists, mediators, counsellors and Family Court Coordinators) in the delivery of Family Court services. Twenty eight professionals were interviewed. Findings are presented first in summary form that is relevant to some questions posed in the consultation paper. In-depth presentation of the findings follows, providing a context for the conclusions. | |
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Roy McKenzie Centre for the Study of Families, School of Psychology, Victoria University of Wellington. |
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| 2011 | A Preliminary Study on Civil Case Progression Times in New Zealand | Laing, Rachel., Righarts, Saskia., Henaghan, Mark | |
| Synopsis: | Delays in New Zealand's Civil System | |
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University of Otago, Dunedin NZ |
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| 2011 | Archiving Our Culture in a Digital Environment: Copyright law and digitisation practices in cultural heritage institutions | Corbett, Susan | |
| Synopsis: | This report presents the findings from interviews conducted with 26 employees involved in different aspects of the digitisation projects at seven New Zealand cultural heritage institutions (CHIs). The research project focused on copyright law and the digitisation of CHIs' collections. The digitisation of Māori cultural heritage adds another dimension to the activities of New Zealand CHIs, and this area was also explored in the interviews. | |
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Victoria University, Wellington NZ |
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| 2011 | A Preliminary Study on Civil Case Progression Times in New Zealand | Laing, Rachel., Righarts, Saskia., Henaghan, Mark. | |
| Synopsis: | This preliminary study investigates whether there is empirical data to support concerns raised by court users and members of the legal profession about the time it takes for civil cases to progress. The project obtained data on progression times from the Ministry of Justice (for District and High Court cases) and the Disputes Tribunal. The results report the average time it takes for specific cases to progress through the system since 2005. However, further research is required to understand what factors contribute to lengthy litigation, and to develop a model for measuring civil case progression - one that takes into account the fact that efficiency is just not about how long a case takes to resolve but about the quality of the process. |
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Publisher: |
University of Otago Legal Issues Centre |
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| 2011 | People with Intellectual Disability in the NZ Legal System - Consultation Project | Mirfin-Veitch, Brigit., Diesfeld, Kate., Henaghan, Mark., Gates, Sue. | |
| Synopsis: | This 2011 report details the findings of a consultation project designed to provide an accurate assessment of the need for ongoing legal education and legal research in the areas of intellectual disability. |
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Publisher: |
Donald Beasley Institute |
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| 2010 | Behavioural economics and the regulation of consumer credit - Case Study - Second paper of two | Tooth, Richard | |
| Synopsis: | The purpose of this paper is to use a case study to examine the consumer credit market through the lens of behavioural economics. This paper supplements a 'companion paper' titled 'Implications of behavioural economics for regulatory reform in New Zealand'. This case study considers whether behavioural economics sheds light on the nature of consumer issues with the consumer credit market and how regulation might be used to address these issues. In doing so, it aims to illustrate the advantages, and the pitfalls, of applying behavoural economics to questions of regulatory reform. | |
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Sapere Research Group |
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| 2010 | Child Witnesses in the New Zealand Criminal Courts - a review of practice and implications for policy | Hanna, Kirsten., Davies, Emma., Henderson, Emily., Crothers, Charles., Rotherham, Clare. | |
| Synopsis: | Ensuring that all accused persons have a fair trial, and obtaining the most accurate and complete testimony from witnesses, are critical to the quality of justice delivered by the courts. Testifying can be difficult for adults, let alone children. Indeed concerns have been raised in New Zealand about the treatment of child witnesses since at least the 1960s. The purpose of this study is to see how far we have come today in addressing the concerns since then, and the extent to which measures adopted to ameliorate conditions for children - while protecting accused adults - have achieved their aims. | |
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Institute of Public Policy, Auckland University of Technology, NZ |
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| 2010 | Implications of behavioural economics for regulatory reform in New Zealand - The Guide - First paper of two | Irwin, Timothy | |
| Synopsis: | This paper investigates the implications of behavioural economics for regulation in New Zealand. It argues that behavioural economics should be taken seriously by those involved in the design of regulation and gives examples of existing regulations and possible regulatory changes that find some support in behavioural economics. It doesn't, however, attempt the comprehensive analysis that would be needed to make recommendations. It also explores how regulations should be judged if people cannot be assumed to be rational and considers whether paternalism is sometimes justified. Lastly, it argues that behavioural economics supports rules that require regulatory impact analysis and it makes suggestions for improving the process of analysing regulation. | |
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Sapere Research Group |
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| 2010 | Relocation Following Parental Separation: the welfare and best interests of children | Taylor, Nicola., Gollop, Megan., Henaghan, Mark. | |
| Synopsis: | One hundred New Zealand families where a parent had relocated (or sought to relocate) with the children, and that move would have a significant impact on contact arrangements with the other parent, were recruited to take part in the study. The sample comprised 114 parents and 44 children (aged 7-18 years) from 30 of the 100 families. The first round of in-depth, semi-structured parent and child interviews was conducted in 2007 and 2008, with follow-up interviews undertaken with the parents 12-18 months later. Some standardised measures were also administered with the parents to assess their child's social and emotional development and to collect demographic and inter-parental relationship data. Just over half (51%) of the families had their relocation disputes determined by the Family Court or the High Court on appeal. This research report describes the methodology employed in undertaking the study and reports on the diversity and complexity of the twelve relocation sequences that emerged in the parent data. The key findings from the interviews with the 44 children are also presented. Consideration is given to the statutory framework governing relocation disputes in New Zealand, and to analysis of adjudication trends in New Zealand's case law over the past twenty years. | |
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Centre for Research on Children and Families, University of Otago, NZ |
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| 2009 | Improving Environmental Governance - the role of an Environmental Protection Authority In NZ | Peart, Raewyn | |
| Synopsis: | The government is proposing to establish an Environmental Protection Authority (EPA) in New Zealand. To help inform the design of the new authority, EDS has undertaken a review of six EPAs in comparable jurisdictions, and completed an analysis of the current weaknesses in New Zealand's environmental governance system. Based on this work (described in this paper), EDS has developed recommendations on the structure and functions of the new EPA. | |
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Environmental Defence Society Inc., Auckland NZ |
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| 2009 | Child Inclusion in Dispute Resolution in the New Zealand Family Court - a position paper | Goldson, Jill | |
| Synopsis: | This paper provides an overview of developments relevant to the involvement of children in NZ Family Court conciliation processes; both in New Zealand and overseas. It considers the role of Family Court professionals who work with children (under the Care of Children Amendment Act 2008), and makes recommendations for implementing training and regulations around working with children in the family law context. | |
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Jill Goldson |
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| 2007 | The Use of Survey Evidence in Intellectual Property Disputes | Professor Janet Hoek & Professor Philip Gendall | |
| Synopsis: | This report critically evaluates the survey evidence presented in intellectual property dispute cases over the last 15 years and analyses the key flaws affecting its probative value. This analysis incorporates generalisations from survey research and results in a set of principles that members of the legal profession may employ to increase the likelihood that survey evidence they commission will influence the case outcome. The principles derived from this analysis were tested in a series of in depth interviews with intellectual property specialists, whose views and experience were used to refine the principles that emerge through the examination of case history in this field. The report outlines principles to guide the commissioning or evaluation of survey research evidence. | |
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Massey University |
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PDF; 147 pages |
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| 1999 | Protecting Our Future - the case for greater regulation of assisted reproductive technology | Edited by Sandra Coney and Anne Else | |
| Synopsis: | A discussion document making the case for greater regulation of assisted reproductive technology |
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Publisher: |
Womens Health Action Trust |
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PDF; 88 pages |
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