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The Conduct Requirement in the Law of Attempt: A New Zealand Perspective
The law of attempt draws a line between non-criminal preparatory conduct and conduct that is sufficiently close to the substantive offence to attract criminal liability. To assist with the line-drawing exercise, the New ...
Keeping Up Appearances: Accessing New Zealand's Civil Courts as a Litigant in Person
It is commonly believed that more and more people are going to court without a lawyer, both in New Zealand and in other common law jurisdictions. The right to appear in court in person is essential to the legitimacy of the ...
The claim of loss of self-control: some challenges of the genetic-based defence to criminal responsibility
In this thesis, I will focus on one important piece of genetic evidence, concerning the Monoamine Oxidas Acid A (MAOA) gene, unscientifically known as the ‘warrior’ gene. In 2002, a famous study by Caspi and his colleagues ...
State Responsibility for Children in Care
Children and young persons who have been removed from their families and who will not be returned to their families of birth following intervention by the State are amongst the most damaged and vulnerable children in ...
Inter-Institutional 'Rights Dialogue' Under the New Zealand Bill of Rights Act
This article considers the New Zealand Bill of Rights Act 1990 (NZBORA), which is commonly viewed as the progenitor of the ‘parliamentary bills of rights’ adopted in the United Kingdom and various Australian States. In ...
The Duty of Medical Practitioners, and CAM/TCM Practitioners, to Inform Competent Adult Patients about Alternatives
Information disclosure has a distinctive profile. It is distinct from diagnosis and treatment. There is a tendency that “disclosure” of treatment options is confused with “recommendation” and “adoption” of treatment. There ...
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 ...
Access to Justice in the Wake of War, Rule of Law Programming and Customary Justice in Post-conflict Bougainville
Following civil war, (re)establishing operational, legitimate and accessible justice systems for resolving disputes is touted as critical for sustainable peace. Rule of law programmes carried out by actors such as United ...
The Future of Registered Partnerships: New Zealand
New Zealand law recognises three forms of adult relationships: marriage, registered partnership (referred to in New Zealand as ‘civil union’), and unregistered cohabitation (referred to in New Zealand as ‘de facto ...
Reconceptualising the Role of the New Zealand Environment Court
What does the specialised nature of an environment court entitle it to do? The recent decision of the New Zealand Supreme Court in Environmental Defence Society Incorporated v Marlborough District Council (‘the King Salmon ...