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Book
viii, 205 pages ; 24 cm.
  • Maori and state visions of law and peace / Carwyn Jones
  • Origin stories and the law : treaty metaphysics in Canada and New Zealand / John Borrows
  • Originalism and the constitutional canon of Aotearoa New Zealand / David V. Williams
  • The Treaty of Waitangi in historical context / Saliha Belmessous
  • Towards a post-foundational history of the Treaty / Bain Attwood
  • The failing modern jurisprudence of the Treaty of Waitangi / Jacinta Ruru
  • 'Ko te ana tuatoru, ko te mana motuhake' / Rawinia Higgins
  • Reflecting on the Treaty of Waitangi and its constitutional dimensions : a case for a research agenda / Mark Hickford
  • Future contexts for treaty interpretation / Natalie Coates
  • He rangi ta Matawhaiti, he rangi ta Matawhanui : looking towards 2040 / Mamari Stephens.
Across the globe, there are numerous examples of treaties, compacts, or other negotiated agreements that mediate relationships between Indigenous peoples and states or settler communities. Perhaps the best known of these, New Zealand’s Treaty of Waitangi is a living, and historically rich, illustration of this types of negotiated agreement, and both the symmetries and asymmetries of Indigenous-State relations. This collection refreshes the scholarly and public discourse relating to the Treaty of Waitangi and makes a significant contribution to the international discussion of Indigenous-State relations and reconciliation. The essays in this collection explore the diversity of meanings that have been ascribed to Indigenous-State compacts, such as the Treaty, by different interpretive communities. As such, they enable and illuminate a more dynamic conversation about their meanings and applications, as well as their critical role in processes of reconciliation and transitional justice today. -- Provided by publisher.
Law Library (Crown)
Book
ix, 290 pages ; 24 cm.
  • Foreword
  • Introduction
  • Māori and criminality
  • Māori and tikanga
  • Māori and current criminal justice initiatives
  • Constitutional frameworks : the Treaty of Waitangi
  • Constitutional frameworks : the United Nations Declaration on the Rights of Indigenous Peoples
  • Initiatives in comparative jurisdictions
  • Tikanga Māori and therapeutic jurisprudence
  • A new vision.
In New Zealand, as well as in Australia, Canada and other comparable jurisdictions, Indigenous peoples comprise a significantly disproportionate percentage of the prison population. For example, Maori, who comprise 15% of New Zealand's population, make up 50% of its prisoners. For Maori women, the figure is 60%. These statistics have, moreover, remained more or less the same for at least the past thirty years. With New Zealand as its focus, this book explores how the fact that Indigenous peoples are more likely than any other ethnic group to be apprehended, arrested, prosecuted, convicted and incarcerated, might be alleviated. Taking seriously the rights to culture and to self-determination contained in the Treaty of Waitangi, in many comparable jurisdictions (including Australia, Canada, the United States of America), and also in the United Nations Declaration on the Rights of Indigenous Peoples, the book make the case for an Indigenous court founded on Indigenous conceptions of proper conduct, punishment, and behavior. More specifically, the book draws on contemporary notions of `therapeutic jurisprudence' and `restorative justice' in order to argue that such a court would offer an effective way to ameliorate the disproportionate incarceration of Indigenous peoples.
(source: Nielsen Book Data)9780815375524 20180618
Law Library (Crown)
Book
xxiii, 549 pages ; 26 cm
  • Ko ngā muka oÿ te rino : threads of the two-stranded rope / Rhonda Powell, Elisabeth McDonald, Māmari Stephens and Rosemary Hunter
  • Law in Aotearoa New Zealand / Māmari Stephens and Rhonda Powell
  • Introducing the feminist and mana wahine judgments / Rosemary Hunter, Māmari Stephens, Elisabeth McDonald and Rhonda Powell
  • Taylor v Attorney General (2015) NZHC 1706 : commentary : disengaging the disengaged / Margaret Wilson and Julia Amua Whaipooti; judgment, Mihiata Pirini and Lisa Yarwood
  • Brooker v Police (2007) NZSC 307 : commentary : rights balancing rejected / Ursula Cheer; judgement, Janet McLean
  • Ruka v Department of Social Welfare (1997) 1 NZLR 154 : commentary : defining a relationship for the purposes of state support / Catriona MacLennan; judgment, Māmari Stephens
  • Lawson v Housing New Zealand (1997) 2 NZLR 474 : commentary : state housing, market rents and families facing eviction / Dean R. Knight; judgment, Natalie Baird
  • Seales v Attorney-General (2015) NZHC 1239 : commentary : the potential interface of gender and vulnerability in legal contexts / Kate Diesfeld; judgment, Joanna Manning
  • Hallagan v Medical Council of New Zealand HC Wellington CIV-2010-485-222, 2 December 2010 : commentary : whose choice, whose conscience? / Colin Gavaghan; judgment, Rhonda Powell
  • Re W (PPPR) (re Williams(PPPR)) (1993) 11 FRNZ 108 : commentary : caring for the pregnant woman / Rosemary Hunter; judgment, Holly Hedley
  • Quilter v Attorney General (1997) NZCA 207 : commentary : same-sex marriage and the Marriage Act / Wendy Aldred; judgment, Clare Abaffy
  • AMO'H v AJO'H (Caldwell v Caldwell) (2010) NZFC 48 : commentary : the case of the missing woman / Erin Ebborn; judgment, Ruth Ballantyne
  • V v V [2002] NZFLR 1105 : commentary : a fair share of the pavlova? / Vivienne Crawshaw and Khyati Shah; judgment, John Adams
  • Lankow v Rose (1995) 1 NZLR 277 : commentary : property division on the breakdown of a de facto relationship / Nicola Peart and Kyla Mullen; judgment, Mark Bennett
  • Director of Human Rights Proceedings v Goodrum (2002) NZHRRT 13 : commentary : the challenge of proving discrimination in the face of bias and gender stereotyping / Gayathiri Ganeshan and Sam Bookman; judgment, Selene Mize
  • Air Nelson v C (2011) NZCA 466 : commentary : she said, he said / Annick Masselot; judgment, Jenny Catran and Martha Coleman
  • Stephens v Barron (2014) NZCA 82 : commentary : should company law principles affect duty of care analysis? / Liesle Theron; judgment, Victoria Stace
  • Bruce v Edwards (2002) NZCA 294 : commentary : taonga tuku iho / Jacinta Ruru; judgment, Kerensa Johnston and Mariah Hori Te Pa
  • Waipapakura v Hempton (1914) 33 NZLR 1065 : commentary : whitebait for the people / John Dawson; judgment, Emma Gattey
  • Squid Fishery Management Company Ltd v Minister of Fisheries CA39/04, 7 April 2004 : commentary : an ecofeminist approach to the impact of fisheries on sea lion mortality / Joanna Mossop, judgement, Nicola Wheen
  • West Coast ENT Inc v. Buller Coal Ltd (2013) NZSC 87 : commentary : broadening the ethic of care to recognise responsibility for climate change / Catherine Iorns; judgement, Estair van Wagner
  • R v S (2015) NZHC 801 : commentary : reasonable grounds to believe an unconscious woman is consenting? / Elisabeth McDonald; judgment, Paulette Benton-Greig
  • R v Sturm (2004) 1 NZLR 570 : commentary : "well, what did you think would happen?" / Cassandra Mudgway; judgment, Sarah Croskery-Hewitt
  • Vuletich v R (2010) NZCA 102 : commentary : when is sexual violence against adults unusual? / Elisabeth McDonald; judgment, Carissa Cross
  • Police v Kāwiti (2000) 1 NZLR 117 : commentary : Kāwiti at the centre / Julia Tolmie and Khylee Quince; judgment, Khylee Quince and Julia Tolmie
  • R v Wang (1990) 2 NZLR 529 : commentary : finding a plausible and credible narrative of self-defence / Lexie Kirkconnell-Kawana and Alarna Sharratt; judgment, Brenda Midson
  • R v Te Tomo (2012) NZHC 71 : commentary : the truth about sentencing Māori women / Linda Hasan-Stein and Valmaine Toki; judgment, Valmaine Toki
  • R v Taueki (2005) NZCA 174 : sentencing guidelines for domestic violence : the missing factors / commentary, Yvette Tinsley; judgment, Frances Gourlay.
This edited collection asks how key New Zealand judgments might read if they were written by a feminist judge. Feminist judging is an emerging critical legal approach that works within the confines of common law legal method to challenge the myth of judicial neutrality and illustrate how the personal experiences and perspectives of judges may influence the reasoning and outcome of their decisions. Uniquely, this book includes a set of cases employing an approach based on mana wahine, the use of Maori values that recognise the complex realities of Maori women's lives. Through these feminist and mana wahine judgments, it opens possibilities of more inclusive judicial decision making for the future. `This project stops us in our tracks and asks us: how could things have been different? At key moments in our legal history, what difference would it have made if feminist judges had been at the tiller? By doing so, it raises a host of important questions. What does it take to be a feminist judge? Would we want our judges to be feminists and if so why? Is there a uniquely female perspective to judging?' Professor Claudia Geiringer, Faculty of Law, Victoria University of Wellington `With this book, some of our leading jurists expose the biases and power structures that underpin legal rules and the interpretation of them. Some also give voice to mana wahine perspectives on and about the law that have become invisible over time, perpetuating the impacts of colonialism and patriarchy combined on Maori women. I hope this book will be a catalyst for our nation to better understand and then seek to ameliorate these impacts.' Dr Claire Charters, Associate Professor, Faculty of Law, University of Auckland `The work is highly illuminating and is critical to the development of our legal system ... It is crucial, not only for legal education, so that students of the law open their minds to the different ways legal problems can be conceptualised and decided. It is also crucial if we are going to have a truly just legal system where all the different voices and perspectives are fairly heard.' Professor Mark Henaghan, Dean of the Faculty of Law, University of Otago `I believe this project is particularly important, as few academics or researchers in New Zealand concentrate on judicial method. I am therefore hopeful that it will provoke thoughtful debate in a critical area for society.' The Honourable Justice Helen Winkelmann, New Zealand Court of Appeal.
(source: Nielsen Book Data)9781509909711 20180219
Law Library (Crown)
Book
xi, 1386 pages ; 24 cm
  • Introduction to intellectual property law in New Zealand
  • Patents
  • Plant variety rights
  • Copyright
  • Layout designs
  • Design registrations
  • Trade marks
  • Domain names and other issues in electronic commerce
  • Passing off
  • The Fair Trading Act 1986
  • Border protection.
Law Library (Crown)
Book
x, 317 pages ; 23 cm
  • Introduction
  • Juridical Encounters
  • PART I: WHOSE LAW? WHICH LAW?
  • 1. Preliminary Matters
  • 2. Metropolitan Theorising: Amelioration, Protection and Exceptionalism
  • 3. Amenability to British Law and Toleration: The Executive and Others
  • 4. Common Law Jurisdiction over Māori: Three Cases
  • 5. Conclusion
  • PART II: DESIGNING EXCEPTIONAL LAWS AND INSTITUTIONS
  • 1. Hobson and Clarke: 'Native' Courts
  • 2. FitzRoy: The Native Exemption Ordinance 1844
  • 3. FitzRoy: Unsworn Testimony
  • 4. Grey: The Resident Magistrates Courts 1846
  • 5. Conclusion
  • PART III: JURIDICAL ENCOUNTERS IN THE COLONIAL COURTS
  • 1. Preliminaries: Courts and Data
  • 2. Offices: Protectors, Lawyers, Interpreters
  • 3. Crime
  • 4. Suing Civilly: The Resident Magistrates Court and the Office of the Native Assessor
  • 5. Conclusion
  • The Displacement of Tikanga
  • A Brief Jurisprudential Afterword
  • APPENDIX I: A Note on Court Data
  • APPENDIX II: Court Structure in the Colonial Period
  • APPENDIX III: Māori before the Superior Courts
  • APPENDIX IV: Māori before the Resident Magistrates Court for Civil Matters inter se in Auckland and Wanganui
  • APPENDIX V: The Provinces
  • Abbreviations
  • Bibliography
  • Index.
"From 1840 to 1852, the Crown Colony period, the British attempted to impose their own law on New Zealand. In theory Māori, as subjects of the Queen, were to be ruled by British law. But in fact, outside the small, isolated, British settlements, most Māori and many settlers lived according to tikanga. How then were Māori to be brought under British law? Influenced by the idea of exceptional laws that was circulating in the Empire, the colonial authorities set out to craft new regimes and new courts through which Māori would be encouraged to forsake tikanga and to take up the laws of the settlers. Shaunnagh Dorsett examines the shape that exceptional laws took in New Zealand, the ways they influenced institutional design and the engagement of Māori with those new institutions, particularly through the lowest courts in the land. It is in the everyday micro-encounters of Māori and the new British institutions that the beginnings of the displacement of tikanga and the imposition of British law can be seen"--Back cover.
Law Library (Crown)
Book
cxxvii, 934 pages ; 25 cm
Law Library (Crown)
Book
cii, 947 pages ; 24 cm
  • THE FUNDAMENTALS OF COMPANY LAW
  • The company in context
  • corporate personality
  • The consequences of incorporation
  • Formation of companies
  • Constitutions and other governance instruments
  • Shares
  • Distributions
  • OPERATING THE COMPANY'S BUSINESS
  • The division of powers between directors and shareholders
  • Directors - definitions and status
  • Company meetings
  • Company contracting
  • DIRECTORS' DUTIES
  • Directors' duties - sources and beneficiaries
  • Duty to act in the best interests of the company
  • Liability for profiting
  • Conflicts of interest
  • The duties of care, diligence and skill, and of compliance with the Companies Act and constitution
  • Insolvency and directors' duties
  • Duties owed to shareholders and the duty to act for a proper purpose
  • Ratification of directors' breaches of duty
  • SHAREHOLDERS RIGHTS AND REMEDIES
  • Shareholder remedies: personal rights, corporate rights and the derivative action
  • Shareholder remedies: winding up, buy-outs and relief from oppressive, discriminatory or unfairly prejudicial conduct
  • ACCOUNTS, AUDITS AND RECORDS
  • Accounts, audits and records
  • MERGERS, TAKEOVERS AND AMALGAMATIONS
  • Corporate takeovers
  • Amalgamations
  • FORMAL INSOLVENCY
  • Insolvency proceedings.
"Company Law in New Zealand provides a comprehensive discussion and analysis of the principles of company law in NZ. The work covers all aspects of the law relating to companies from the fundamentals of company law and operation [of] the company's business through to formal insolvency"-- Publisher information.
Law Library (Crown)
Book
256 pages : illustrations ; 22 cm
  • Constitution Aotearoa : the essential message
  • Constitution of Aotearoa New Zealand
  • A new head of state
  • The Parliament
  • The government
  • The judiciary
  • Te Tiriti o Waitangi/Treaty of Waitangi
  • Human rights
  • Safeguards
  • International relations ad defence
  • Law-making
  • The State of Aotearoa New Zealand
  • The way forward
  • Appendix: Some constitutional developments in New Zealand.
"New Zealand needs a constitution that is easy to understand, reflects our shared identity and nationhood, protects rights and liberties, and prevents governments from abusing power. The current constitution is vague, jumbled and unclear. It can be easily overridden or changed according to political whim. This book aims to change that. It proposes a modern, codified constitution that is accessible and clear, and it aims to stimulate debate about who we are as a nation, and how we should be governed - so we can forge enduring arrangements now, instead of waiting for a crisis to force our hand. [This book] is a case for change, and an impassioned plea for government to be transparent, accountable, responsive, and reflect the values of all New Zealanders."-- Provided by publisher.
Law Library (Crown)
Book
xix, 300 pages : illustrations ; 24 cm
  • Legal research / Mary-Rose Russell
  • The legal research process / Mary-Rose Russell
  • Legal theory and legal research / Allan Beever
  • Thinking skills / Mary-Rose Russell
  • Research integrity / Mary-Rose Russell
  • Starting the research process / Mary-Rose Russell
  • The legal information framework / Mary-Rose Russell
  • Primary sources : legislation / Mary-Rose Russell
  • Primary sources : case law / Mary-Rose Russell
  • Secondary sources / Mary-Rose Russell
  • Understanding databases and the online environment / Mary-Rose Russell
  • Researching public international law / Natalie Baird
  • Researching kaupapa Māori / Linda Te Aho
  • Researching indigenous custom law / Abby Suszko
  • Researching legal history / Mary-Rose Russell
  • Using legal resources from other jurisdictions / John Hopkins and Sara Roberts.
"Legal research in New Zealand focuses on the elements and sources of New Zealand law in particular, with emphasis on developing an efficient research methodology, and the skills for comparative assessment of alternative legal resources. It includes a brief guidance given to carrying out legal research involving other (especially related) jurisdictions. It is anticipated to be of greatest use to undergraduates, law clerks, novice law librarians, librarians in public libraries which host depository collections, and self-litigants. It will include short quizzes to aid comprehension and recollection of materials"-- Publisher information.
Law Library (Crown)
Book
xix, 211 pages ; 23 cm
  • Tino Rangatiratanga and the Māori legal history
  • Reconciling legal systems
  • Māori law today
  • Treaty settlements and Māori law
  • Post-settlement governance and Māori law
  • New stories and old stories re-told.
"While indigenous peoples face the challenges of self-determination in a postcolonial world, New Treaty, New Tradition provides a timely look at how the resolution of land claims in New Zealand continues to shape Indigenous and non-Indigenous cultures alike. As Canada moves towards reconciliation with its own First Peoples, we can learn much from the Waitangi Treaty example. Legal cultures change in response to social and economic environments. Inevitably, the settlement of historical land claims affects issues of identity, rights, and resource management. Interweaving thoughtful analysis with Māori storytelling on legal themes, Carwyn Jones shows how the New Zealand treaty settlement process limits Indigenous authority. At the same time, the author reveals the enduring vitality of Māori legal traditions, making the case that genuine reconciliation can occur only when we recognize the importance of Indigenous traditions in the settlement process. Drawing on examples from Canada and New Zealand, Jones illustrates how Western legal thought has shaped the claims process, deepening our understanding of treaty work in the former British colonies and providing context for similar work in Canada. As Indigenous self-determination plays out on the world stage, this nuanced reflection brings into focus prospects for the long-term success of reconciliation projects around the globe"-- Provided by publisher.
Law Library (Crown)
Book
xix, 211 pages ; 24 cm
  • Tino Rangatiratanga and the Māori legal history
  • Reconciling legal systems
  • Māori law today
  • Treaty settlements and Māori law
  • Post-settlement governance and Māori law
  • New stories and old stories re-told.
"While indigenous peoples face the challenges of self-determination in a postcolonial world, New Treaty, New Tradition provides a timely look at how the resolution of land claims in New Zealand continues to shape Indigenous and non-Indigenous cultures alike. As Canada moves towards reconciliation with its own First Peoples, we can learn much from the Waitangi Treaty example. Legal cultures change in response to social and economic environments. Inevitably, the settlement of historical land claims affects issues of identity, rights, and resource management. Interweaving thoughtful analysis with Māori storytelling on legal themes, Carwyn Jones shows how the New Zealand treaty settlement process limits Indigenous authority. At the same time, the author reveals the enduring vitality of Māori legal traditions, making the case that genuine reconciliation can occur only when we recognize the importance of Indigenous traditions in the settlement process. Drawing on examples from Canada and New Zealand, Jones illustrates how Western legal thought has shaped the claims process, deepening our understanding of treaty work in the former British colonies and providing context for similar work in Canada. As Indigenous self-determination plays out on the world stage, this nuanced reflection brings into focus prospects for the long-term success of reconciliation projects around the globe"-- Provided by publisher.
Law Library (Crown)
Book
182 pages ; 24 cm
  • Treaties
  • Constitution
  • Legislation
  • Case law
  • Customary law, unwritten law, general principles of law
  • Subordinate rules and regulations
  • Codification, interpretation and hierarchy of legal rules
  • General
  • Head of state
  • The legislature
  • The executive
  • The judiciary
  • Independent non-political agencies
  • Local self-government
  • Component states
  • Local government
  • Rules concerning nationality and relevance of nationality
  • Fundamental rights and liberties
  • Constitutional problems of minorities
  • Judicial control of administrative action
  • Legal position of aliens
  • War, treaty and foreign affairs powers
  • Taxation and spending power
  • Emergency laws
  • The power of the military
  • The constitutional relation between church and state.
"Derived from the renowned multi-volume 'International Encyclopaedia of Laws,' this...analysis of constitutional law in New Zealand provides...information on the country's sources of constitutional law, its form of government, and its administrative structure. Lawyers who handle transnational matters will appreciate the clarifications of particular terminology and its application. Throughout the book, the treatment emphasizes the specific points at which constitutional law affects the interpretation of legal rules and procedure. Thorough coverage by a local expert fully describes the political system, the historical background, the role of treaties, legislation, jurisprudence, and administrative regulations. The discussion of the form and structure of government outlines its legal status, the jurisdiction and workings of the central state organs, the subdivisions of the state, its decentralized authorities, and concepts of citizenship. Special issues include the legal position of aliens, foreign relations, taxing and spending powers, emergency laws, the power of the military, and the constitutional relationship between church and state."-- Back cover.
Law Library (Crown)
Book
xciv, 1385 pages ; 24 cm
  • Family dispute resolution
  • Day-to-day care and contact
  • Relocation
  • Hague Convention cases
  • Guardianship
  • Guardianship of the court
  • Change of name
  • Paternity
  • Children, young persons, and their families
  • Adoption
  • Child support
  • Maintenance
  • Relationship property
  • Domestic violence
  • Practice and procedure.
Law Library (Crown)
Book
viii, 149 pages ; 21 cm
  • Introduction
  • Brands
  • Patents
  • Copyright
  • Confidential information
  • A miscellany of intellectual property laws.
From small businesses filing patents to designers protecting their copyright, from a gas station seeing its logo ripped off by a competitor to a blogger posting photographs, New Zealanders encounter intellectual property every day. Sometimes they need to call a lawyer. But at other times, they just need to get a clear understanding of what they can and can't do in order to go about their business. This handy little book, written by one of the country's leading intellectual property lawyers and author of the major texts on the subject, is an accessible introduction to patents, trade marks, copyright and other key elements of IP. Aimed at non-lawyers looking to understand basic concepts and key issues, the book will be a guiding light through the often murky waters of intellectual property law. What can be patented? Do you have to register a trade mark? How does copyright work on the internet? Tackling common questions in concise and accessible prose, Intellectual Property in New Zealand: A User's Guide should sit on the desk of entrepreneurs and designers, journalists, inventors and many more across New Zealand. Costing about three minutes of a lawyer's time, it's a book worth owning.
(source: Nielsen Book Data)9781869408343 20160619
Law Library (Crown)
Book
xvi, 271 pages : illustrations ; 25 cm
  • Legal history
  • Treaty of Waitangi
  • Constitutional law
  • Dispute resolution
  • Jurisprudence
  • The New Zealand legal system and international issues
  • Case study : women in law.
Law Library (Crown)
Book
lxii, 521 pages, 14 unnumbered pages of plates : color illustrations, portraits ; 25 cm
  • Establishing a Supreme Court for New Zealand / Margaret Wilson
  • The role of the Supreme Court : a comparative perspective / Andrew P. Stockley
  • The Court and the executive / Grant Hammond
  • The Supreme Court : a judge's view / Peter Blanchard
  • The role of the judge's clerk at the Supreme Court of New Zealand : a "worm's-eye view" / Max Harris
  • The first ten years of the Supreme Court : an advocate's view / David Goddard
  • Public law in the Supreme Court : the first ten years / Philip A. Joseph
  • Māori legal issues in the Supreme Court 2004-2014 : a critical, comparative and international assessment / Claire Charters
  • The Supreme Court and the Bill of Rights / Paul Rishworth
  • Commercial decisions in the Supreme Court of New Zealand : the prominence of agency law in the first ten years / Peter Watts
  • Contract objectivity and interpretation in the Supreme Court : a review of Dysart Timbers Ltd. v Nielsen and of Vector Gas Ltd. v Bay of Plenty Energy Ltd. / Francis Dawson
  • The Supreme Court and regulating competition / Paul Scott
  • The Supreme Court's tax cases : 2004-2014 / Michael Littlewood
  • Land law in the New Zealand Supreme Court / Katherine Sanders
  • Torts in the New Zealand Supreme Court : the first ten years / Stephen Todd
  • Criminal proceedings in the New Zealand Supreme Court : the first ten years / A.T.H. Smith
  • The Supreme Court and the law of evidence / Scott Optican
  • Family law and the Supreme Court of New Zealand : a ten-year affair / Mark Henaghan
  • Appendix I: Judges of the Supreme Court
  • Appendix II: Substantive decisions of the Supreme Court, 2004 to 2014.
"A collection of papers discussing the first ten years of the New Zealand Supreme Court"-- Publisher information.
Law Library (Crown)
Book
xxxviii, 1,466 pages ; 24 cm
Law Library (Crown)
Book
207 pages : illustrations ; 24 cm
  • Features of the uniqueness of New Zealand and their role in regulation / Susy Frankel and John Yeabsley
  • Learning the way forward? : the role of monitoring, evaluation and review / Derek Gill and Susy Frankel
  • Experimentation and regulation / Joel Colón-Ríos
  • Certainty and discretion in New Zealand regulation / Daniel Kalderimis, Chris Nixon and Tim Smith
  • Voyage of discovery : how do we bring analytical techniques to state-driven behaviour change? / Chris Nixon and John Yeabsley.
Law Library (Crown)
Book
cxxiv, 785 pages ; 24 cm
Law Library (Crown)
Book
x, 260 pages, 12 unnumbered pages of plates : illustrations (some color) ; 25 cm
  • Introduction
  • The creation of a colonial imperialist : the upbringing, education and experience of James Prendergast in England, 1826-1855
  • Colonial beginnings : experiences in Victoria, Australia, 1852-1855
  • Return to the colonies : experiences in Dunedin, 1862-1867
  • Prendergast as attorney-general, 1865-1875
  • Chief Justice Prendergast, 1875-1899
  • The Barton affair, 1876-1878
  • The Treaty is a simple nullity : Prendergast and Wi Parata v The Bishop of Wellington
  • Prendergast as "acting governor", 1875-1899
  • "Retirement", 1899-1921
  • Conclusion.
"James Prendergast is the most infamous figure in New Zealand's legal history, known mainly for his condemnation of the Treaty of Waitangi as "a simple nullity" in 1877. But during his lifetime Prendergast was a highly respected lawyer and judge. He was arguably New Zealand's dominant legal professional from 1865 to 1899, and his good reputation remained intact until the 1980s, when the Treaty of Waitangi finally returned to the centre of New Zealand political life. The more the Treaty has been celebrated, the more Prendergast has been condemned. Who was this legal villain? Was he really a villain at all? This comprehensive biography charts Prendergast's life from his upbringing in the heart of London's legal world through to his long and eventful reign as New Zealand's third Chief Justice. On the way it details his ill-fated adventures in colonial Victoria and his rise to prominence in gold-rush Dunedin. It also analyses Prendergast's pivotal role as Attorney-General during the New Zealand Wars and his controversial part in authorising the invasion of Parihaka. Prendergast explores the man, the lawyer, and the judge. It provides fascinating insights into different parts of the nineteenth-century British Empire and, in particular, colonial Wellington, featuring bitter feuds, ground-breaking judgments, and personal tragedy. This book finally provides the full story behind the name that every New Zealand law student knows"-- Back cover.
Law Library (Crown)