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Unwritten Constitutions of Incorporated Societies: A Critical Examination of the Treatment of Tikanga in Tamaki v Māori Women's Welfare League Inc
This article critically considers a High Court decision that found that an incorporated society’s tikanga should be on equal footing with the society’s written constitution, from the point of view of consistency with the ...
Life Beyond Death: Regulating Posthumous Reproduction in New Zealand
This article argues that the current legal regulation of posthumous reproduction in New Zealand is deficient. Posthumous reproduction raises issues in relation to consent, the welfare and status of the child, and even such ...
Building biocultural approaches into Aotearoa – New Zealand’s conservation future
Indigenous peoples’ roles in conservation are important because they
offer alternate perspectives and knowledge centred on the quality of
the human–environment relationship. Here, we present examples of
Māori cultural ...
Is Secularism Neutral?
This article argues that secularism is not neutral. Secularization is a process, the secular state is a structure, whereas secularism is a political philosophy. Secularism takes two main forms: first, a “benevolent” ...
Interpretation and Implication
This research article considers the difference between interpretation and implication, and the status of the Privy Council decision Attorney-General of Belize v Belize Telecom in New Zealand, in the context of an upcoming ...
Companies as Religious Liberty Claimants
Can a company bring a claim alleging that its religious freedom has been violated?
Some recent authority suggests ‘yes’, at least insofar as the company is a one-person company or a closely held corporation. This article ...
Is Freedom of Conscience Superior to Freedom of Religion?
This essay explores whether claims that would otherwise be brought as religious liberty infringements are better reformulated and brought as violations of the right to freedom of conscience. Is there greater 'traction' for ...
Relocation Cases – the Rhetoric and the Reality of a Child’s Best Interests – a View from the Bottom of the World
Relocation cases have become a very significant aspect of family law. This article examines the difficulties in deciding (and predicting the outcomes of) national and international relocation cases. The article questions ...
Fifty Years of New Zealand Family Law
This collaborative article examines the significant changes to New Zealand family law during the last 50 years. The article canvasses three areas that have seen substantial changes during this time - what constitutes a ...
Theories of the Trust and What They Might Mean for Beneficiary Rights to Information
The trust is a mental construct used to explain a type of guardianship of property. There are traditionally two ways to understand the trust - one sees the trust as creating proprietary rights and duties; the other as ...