2.3.1 Subsequent references to a cited source
(a) Subsequent references
The first time a source is cited, provide full citation details. For subsequent references, the format of the reference depends on the type of legal writing. Follow the following rules.
(i) In material to be submitted to commercial legal publishers in New Zealand
When making subsequent references to cases and statutes full citation details must be repeated. This is a requirement of New Zealand commercial legal publishers (CCH, LexisNexis and Thomson Reuters). Providing full references allows indexes of cases and statutory references to be automatically generated.
When making subsequent references to other sources, use the "above n x" format set out under heading (iii) below.
(ii) In judgments and court submissions
When footnoting is used in judgments and court submissions, subsequent references need not provide full citation details or follow the "above n x" format. So long as the source being referred to is obvious from the context, it is sufficient simply to refer to the relevant paragraph or page number.
Eg In Gibbons Holdings Ltd v Wholesale Distributors Ltd, the Supreme Court held that in interpreting the meaning of a contract a court may receive all cogent evidence, including subsequent conduct evidence, which sheds light on "the parties' jointly intended meaning".3 The requirement that the evidence shed light on the parties' joint intentions was stressed.4 In this way, the admission of subsequent conduct evidence does not involve a departure from the objective approach to contract interpretation taken by the courts.5
3 Gibbons Holdings Ltd v Wholesale Distributors Ltd [2007] NZSC 37, [2008] 1 NZLR 277 at [52] per Tipping J.
4 At [52] per Tipping J, [73] per Anderson J and [111] per Thomas J.
5 At [53] per Tipping J.
Where the previous reference to the source being cited is removed from the subsequent reference by more than five pages (or, in an appellate judgment with multiple opinions, is in an earlier opinion), it may be helpful to repeat the full citation again.
(iii) In all other legal writing, including academic and student work
For cases, repeat the case name and then write ", above n x" followed by the pinpoint citation.
For texts and articles, repeat the last name of the author and then write ", above n x," followed by the pinpoint citation. Provide the title or an abbreviated form of the title where the previous footnote contains more than one work by that author or by authors with the same last name.
Eg 49 R v Wang [1990] 2 NZLR 529 (CA).
...
52 R v Wang, above n 49, at 533.
When citing the source that was the only source cited in the immediately-preceding footnote, use "Ibid, at" followed by the pinpoint citation. Where the previous footnote contains multiple sources, use the "above n x," format as this requires the name or author of the source to be identified.
Eg 33 Peter Spiller The Disputes Tribunals of New Zealand (2nd ed, Brookers, Wellington, 2003) at 55.
34 Ibid, at 92.
35 Ibid.
Where the footnote, including the pinpoint citation, is exactly the same as the previous footnote, it is only necessary to write "Ibid".
The identification of the author, case or reference tag is required because of the risk in errors in the "above n" references. The repetition of the author, case or reference tag gives the reader a greater chance of being able to find the material being referenced.
In longer writing, you may choose to repeat the whole citation if the source has not been referred to for a number of pages.
(b) Reference tags
For more information on reference tags, see rule 1.1.7(b).
When referring to a previously-cited source, follow the above format, using the full case name or the author's surname.
An easily identifiable reference tag can be used where the cross-reference has a long case name, the piece is cited repeatedly throughout the paper or the author has been cited for different pieces throughout the paper. Provide the reference tag at the end of the first citation in square brackets.
The reference tag should be followed by ", above n," in subsequent citations.
For cases, the reference tag will generally consist of a shortened version of the case name or the name of one of the parties. Where a common case name has already been identified, this may be used instead of a reference tag.
For texts and articles, the reference tag should generally consist of the author's surname and a shortened version of the title if the previous footnote contains other work by that author or by authors with the same last name. In either case, when introducing the reference tag in the first citation, it is unnecessary to repeat the author's name, even if this will be used in future citations.
Eg Cases:
3 R v Lavallee (1990) 55 CCC (3d) 97 (SCC) at 177.
...
47 R v Lavallee, above n 3, at 133.
48 Ibid, at 121-126.
49 R v Wang [1990] 2 NZLR 529 (CA).
50 R v Lavallee, above n 3, at 134.
51 Ibid, at 133.
52 R v Wang, above n 49, at 533.
53 Ibid.
Cases with long or common names:
4 Simpson v Attorney-General [1994] 3 NZLR 667 (CA) [Baigent's case].
...
20 Baigent's case, above n 4, at 668.
Books:
59 Geoffrey Robertson The Justice Game (Chatto & Windus, London, 1998) at 12.
60 Ibid, at 35.
Multiple works by the same author:
3 Richard Posner "The Economic Approach to Law" (1975) 53 Tex L Rev 757 ["Economic Approach"].
4 Richard Posner "Some Uses and Abuses of Economics in Law" (1979) 46 U Chi L Rev 281 at 301.
5 Herbert Hovencamp "Positivism in Law and Economics" (1990) 78 Cal L Rev 815 at 817.
6 Richard Posner Economic Analysis of Law (4th ed, Little Brown, Boston, 1992) at 4.
7 Posner "Economic Approach", above n 3, at 765.
8 Ibid.
2.3.2 Referencing other parts of your article
To refer to another section of your article, refer to the appropriate part. This rule applies even where the reference is to a paragraph within a particular part, and not to the heading itself.
This avoids the need to refer to a page of the article, which may vary between drafts.
The cross-reference should be in ordinary font with no bolding, italics or caps.