Law Collection
Recent Deposits
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Inspiring National Indigenous Legal Education for Aotearoa New Zealand’s Bachelor of Laws Degree
This Issues Paper is the result of the first stage of a multi-year, three-phase national project. In it we review the literature and consider some of the preliminary opportunities relevant for the teaching of Māori law as ... -
Tort to the environment: a stretch too far or a simple step forward?
This analysis considers the implications of Smith v Fonterra Co-operative Group Ltd [2020] NZHC 419 and the possibility of a new tort to the environment developing within New Zealand jurisprudence. In Smith, the New Zealand ... -
Ngā Kete Mātauranga. Māori scholars at the research interface
In this beautiful and transformative book, 24 Māori academics share their personal journeys, revealing what being Māori has meant for them in their work. Their perspectives provide insight for all New Zealanders into how ... -
Indigenous peoples, consents and rights: Troubling subjects
Analysing how Indigenous Peoples come to be identifiable as bearers of human rights, this book considers how individuals and communities claim the right of free, prior and informed consent (FPIC) as Indigenous peoples. The ... -
Tangible Artefacts Unearth Contemporary Legalities: Aboriginal Artefacts and the Randwick Light Rail Project
There is insufficient legal protection for tangible but non-charismatic Aboriginal artefacts in New South Wales, Australia. The State laws are insufficient because they provide State actors with the power to protect those ... -
The Self Divided: The Problems of contradictory claims to Indigenous peoples’ self-determination in Australia
When the United Nations General Assembly endorsed the United Nations Declaration on the Rights of Indigenous Peoples (‘UNDRIP’) in 2007, many extolled it for recognising Indigenous peoples’ right of self-determination. ... -
Consent, custom and international law in South Africa: What Australian lawmakers could learn
This article summarises a recent South African case, Baleni v Minister of Mineral Resources. It also analyses the Court’s reasoning to explore how a non-Australian common law state protects a traditional community’s customary ... -
The Deification of Process in Canada’s Duty to Consult: Tsleil-Waututh Nation v Canada (Attorney General)
This article considers the limitations in Canada’s duty to consult with Aboriginal peoples as recently articulated in Tsleil-Waututh Nation v Canada (Attorney General). There, six Indigenous applicants challenged Canada’s ... -
Searching for the Author: A performative reading of legal subjection in David Foster Wallace’s The Pale King
David Foster Wallace died before the publication of his novel The Pale King, which complicates and is, indeed, important to this novel. This article argues that law – as a broadly construed concept – is a character and ... -
Re-historicising dissolved identities: Deskaheh, the League of Nations and the international legal discourse on Indigenous peoples
In 1923, Levi General Deskaheh sought recognition from the League of Nations of the Six Nations’ sovereignty and right to self-determination. Although scholars have good reasons for retroactively identifing Deskaheh as a ... -
The Material Costs of Claiming International Human Rights: Australia, Adani and the Wangan and Jagalingou
This article presents a materialist account of Indigenous peoples’ international legal human rights claims. It argues that appeals to the global legal system as well as pluralistic approaches to Indigenous peoples’ rights ... -
How to Compute Compensation for the Extinguishment of Native Title in Australia: Northern Territory v Mr A. Griffiths (deceased) and Lorraine Jones on behalf of the Ngaliwurru and Nungali Peoples
This note explains Northern Territory v Griffiths (‘Timber Creek’), which is a native title case concerning land valuation in the northwestern corner of Australia’s Northern Territory. It is an important case because it ... -
The Sioux Tribes’ continuing opposition to the DAPL
Standing Rock Sioux Tribe v US Army Corps of Engineers (Standing Rock V) is the most recent in a series of cases where Sioux Tribes have challenged the legal authorisation for the Dakota Access Pipeline (“DAPL”) to protect ... -
Modern Treaty Making and the Limits of the Law
In recent years, several Australian states have formally committed to treaty negotiations with the First Peoples whose traditional lands they claim. The emerging treaty processes in Australia build on both the comprehensive ... -
Agony, Exclusion and Colonial Reproduction: A critical examination of the Doctrine of Difference in Aotearoa New Zealand
This article examines how contemporary legal discourse perpetuates and reproduces colonial structures and some less risky alternatives. It does so through an inquiry into how First Peoples enter into legal relationships ... -
Compounding the Abuse: Family Violence, Damages and the Tenancy Tribunal
In cases where family violence has caused damage to a rented home, a tenant-victim is often found to be liable for that damage. This article considers the interpretation of the Residential Tenancies Act 1986 (RTA) that ... -
Online Legal Information Self-Help in Aotearoa: An agenda for action
This report reviews international experience in the development of online legal information and self-help (OLISH) provided by government, community organisations, and social enterprises. It uses this experience to examine ... -
New Business Models for Legal Services
This working paper outlines possible innovations to legal services, drawing on examples of new models developing both here and abroad.