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New Zealand: Prisoner Voting and Consistency with the New Zealand Bill of Rights Act 1990
The New Zealand High Court case of Taylor v. Attorney-General resulted in a formal declaration that the law removing the right to vote from all sentenced New Zealand prisoners is inconsistent with the New Zealand Bill of ...
The Trans-Pacific Partnership in New Zealand's Constitution
By the time it was formally signed by New Zealand in February 2016, the Trans-Pacific Partnership Agreement (TPP) had morphed from an unassuming regional bargain into a mammoth agreement embracing some 40 per cent of global ...
Parliamentary Government in New Zealand: Lines of Continuity and Moments of Change
This article addresses one particular feature of New Zealand’s constitution: the continuing combination within a highly centralized system of government of formally unlimited legislative power and strong executive dominance ...
Freedom of Expression and Civility in the New Zealand Supreme Court
The use of criminal law sanctions to buttress social norms requiring civility or courtesy in public speech or action is widespread throughout the common law world. However, such sanctions inevitably limit the way in which ...
Parliamentary Privilege: Quis Custodiet Ipsos Custodes?
This article considers the legal issues around absolute privilege addressed in the Privy Council case of Jennings v Buchanan. The author begins by reviewing the basis for the Privy Council’s decision in that case, before ...
What We Cannot Talk About, We Must Pass Over in Silence: Judicial Orders and Reporting Parliamentary Speech
This article examines recent events in the United Kingdom, which reveal the potential for conflict between a judicial order prohibiting the publication of details relating to a matter before the courts, and the media’s ...
Dissent, the Bill of Rights Act and the Supreme Court
New Zealand's Supreme Court has on two occasions been required to consider the legal boundaries that apply to forms of dissenting behaviour. In Brooker v Police and Morse v Police, the Court simultaneously expands the ...
Aid in Dying in New Zealand: Recent Legal Developments
This article considers Lecretia Seales and her New Zealand High Court case to receive aid in dying. The author discusses the main issue in this case, specifically whether directly administering a lethal dose of medication ...