Journal articles: 'New Zealand Family Court'

1

Cartwright, S. R. "THE NEW ZEALAND FAMILY COURT - AN OVERVIEW." Family Court Review 25, no. 1 (March 15, 2005): 29–35. http://dx.doi.org/10.1111/j.174-1617.1987.tb00159.x.

Full text

APA, Harvard, Vancouver, ISO, and other styles

2

Boshier, Peter, Nicola Taylor, and Fred Seymour. "EARLY INTERVENTION IN NEW ZEALAND FAMILY COURT CASES." Family Court Review 49, no. 4 (October 2011): 818–30. http://dx.doi.org/10.1111/j.1744-1617.2011.01416.x.

Full text

APA, Harvard, Vancouver, ISO, and other styles

3

Davidson, G. P. "Family Court Mediation: New Zealand Practices and Perspectives." Australian and New Zealand Journal of Family Therapy 8, no. 1 (March 1987): 18–22. http://dx.doi.org/10.1002/j.1467-8438.1987.tb01194.x.

Full text

APA, Harvard, Vancouver, ISO, and other styles

4

Taylor, Nicola. "Child Participation: Overcoming Disparity between New Zealand’s Family Court and Out-of-court Dispute Resolution Processes." International Journal of Children’s Rights 25, no. 3-4 (November 17, 2017): 658–71. http://dx.doi.org/10.1163/15718182-02503004.

Full text

Abstract:

This article considers children’s right to participate in the context of private law disputes concerning their post-separation, day-to-day care and contact arrangements. In New Zealand the approach to ascertaining children’s views has been both long-standing and systematic for contested proceedings within the Family Court (via children’s legal representatives and judicial meetings with children). However, major reform of the family justice system in 2014 shifted the emphasis to new out-of-court processes for resolving post-separation parenting arrangements. The reforms were disappointingly silent on the issue of children’s participation in the new Family Dispute Resolution services, particularly mediation. A disparity has thus arisen between opportunities for children’s engagement in New Zealand’s in-court and out-of-court dispute resolution processes. Research evidence and international developments in Australia and England and Wales are reviewed for the guidance they can offer in remedying this in New Zealand and elsewhere.

APA, Harvard, Vancouver, ISO, and other styles

5

BRIDGE, CAROLINE. "The New Zealand Family Court: its structure and process." Children & Society 3, no. 4 (December 18, 2007): 325–31. http://dx.doi.org/10.1111/j.1099-0860.1989.tb00355.x.

Full text

APA, Harvard, Vancouver, ISO, and other styles

6

Cartwright, Judge Silvia. "The New Zealand family court in operation: The legislation." Commonwealth Law Bulletin 11, no. 4 (October 1985): 1441–50. http://dx.doi.org/10.1080/03050718.1985.9985837.

Full text

APA, Harvard, Vancouver, ISO, and other styles

7

Cartwright, Silvia. "The New Zealand family court in operation: The legislation." Commonwealth Law Bulletin 12, no. 1 (January 1986): 239–44. http://dx.doi.org/10.1080/03050718.1986.9985851.

Full text

APA, Harvard, Vancouver, ISO, and other styles

8

Bridge, Caroline. "Conciliation and the New Zealand Family Court: lessons for English law reformers." Legal Studies 16, no. 3 (November 1996): 298–324. http://dx.doi.org/10.1111/j.1748-121x.1996.tb00532.x.

Full text

Abstract:

Conciliation has formed an integral part of the New Zealand Family Court’s management of family disputes since 1980. The Family Court is a tiered structure, designed to encourage the parties to resolve their own disputes by providing opportunities for conciliation within a statutory process. The first two tiers, counselling and judicial mediation, are procedures intended to empower the parties, enable self-determination, and encourage a conciliatory rather than combative attitude towards both each other and the dispute. Consequently, the parties are compulsorily channelled through the conciliation tiers of the court even if the ultimate goal of one of them is a court room battle. The hope is that the third tier, adjudication by a Family Court judge in the Family Court, will be avoided.

APA, Harvard, Vancouver, ISO, and other styles

9

HIPGRAVE, TONY. "Conciliation and welfare services in the New Zealand Family Court." Children & Society 3, no. 4 (December 18, 2007): 332–38. http://dx.doi.org/10.1111/j.1099-0860.1989.tb00356.x.

Full text

APA, Harvard, Vancouver, ISO, and other styles

10

Tomas, Nin. "Recognizing Collective Cultural Property Rights in a Deceased—Clarke v. Takamore." International Journal of Cultural Property 20, no. 3 (August 2013): 333–48. http://dx.doi.org/10.1017/s0940739113000155.

Full text

Abstract:

AbstractThe recent New Zealand Supreme Court decision inClarke v Takamoreraises issues about how Maori society views deceased tribal members as belonging to the extended family and tribal group collective. This conflicts with English common law understandings that a closer, legally protected individual relationship exists with an executor, if the decedent has left a will, or with a spouse, if there is no will. This note examines the conflict and suggests a solution that would be fairer to Maori than that unanimously reached by three of New Zealand's general courts.

APA, Harvard, Vancouver, ISO, and other styles

11

Mahoney, P. D. "Private Settlement - Public Justice?" Victoria University of Wellington Law Review 31, no. 1 (April 3, 2000): 225. http://dx.doi.org/10.26686/vuwlr.v31i1.5966.

Full text

Abstract:

In this paper, the Principal Family Court Judge discusses the pros and cons of "court-annexed" mediation services. He notes some powerful constitutional arguments against such forms of mediation but eventually agrees with the stand taken by the Australian and New Zealand Council of Chief Justices in support of a fully serviced court-based system. This paper was delivered at the New Zealand Institute for Dispute Resolution Colloquium held on 29 June 1999.

APA, Harvard, Vancouver, ISO, and other styles

12

Morris, Allison, and Gabrielle M. Maxwell. "Juvenile Justice in New Zealand: a New Paradigm." Australian & New Zealand Journal of Criminology 26, no. 1 (March 1993): 72–90. http://dx.doi.org/10.1177/000486589302600108.

Full text

Abstract:

This study describes the system of juvenile justice adopted in New Zealand under the Children, Young Persons and Their Families Act 1989. The Act sets out objectives and principles which stress a number of innovative features including the integration of a western and an indigenous approach; the empowerment of families and young people; the involvement of victims; and group consensus decision-making. The principal mechanism for achieving these objectives is the Family Group Conference which replaces or supplements the Youth Court as the principal decision-making forum in most of the more serious cases. Police involvement in decision-making is also increased by a greater emphasis on diversion and by their role in reaching agreements in the Family Group Conference. Research data are presented which enable an evaluation of the extent to which the Act is meeting its objectives. The tensions in the system are discussed: particularly the issue of victim involvement versus an offender focus and the conflict between accountability and welfare.

APA, Harvard, Vancouver, ISO, and other styles

13

Atkin, Bill. "Family Law – Solidarity or Disarray?" Victoria University of Wellington Law Review 50, no. 2 (September 2, 2019): 369. http://dx.doi.org/10.26686/vuwlr.v50i2.5751.

Full text

Abstract:

Professor Gordon Anderson and labour law are synonymous in New Zealand. Gordon has provided a vision for the future of labour law. This article is offered in a similar spirit. It was prepared for a conference on "The Future of Family Law", held in Auckland on 20 September 2018 with distinguished guest, Lady Brenda Hale, President of the United Kingdom Supreme Court. The history of family law in New Zealand is full of remarkable landmarks. Many align with the rights of various groups: children, women, Māori, those with intellectual disabilities, LGBTI+ communities and abuse victims. If we dig deeper, we find that the various parts do not make a very coherent and harmonious whole. The law is tugged in different directions. This article draws on the concept of "family solidarity", refashioned for New Zealand purposes as "family and community solidarity". Could this help develop a unifying theme? Could it form the basis for future family law reform? Developments such as legislation on child poverty reduction, the Ministry for Children and relationship property law are briefly explored.

APA, Harvard, Vancouver, ISO, and other styles

14

MORRIS, ALLISON, and GABRIELLE MAXWELL. "Re-Forming Juvenile Justice: The New Zealand Experiment." Prison Journal 77, no. 2 (June 1997): 125–34. http://dx.doi.org/10.1177/0032855597077002002.

Full text

Abstract:

This article describes the system of youth justice adopted in New Zealand in 1989, which introduced a number of radical and innovative features including the involvement of young people, families, and victims in deciding how best to deal with the offending. The principle mechanism for achieving this is the family group conference, which replaces or supplements the Youth Court as the principle decision-making forum in most of the more serious cases. Research data are presented that indicate that, to a large extent, this new process is working well and may be having an impact on reconviction figures.

APA, Harvard, Vancouver, ISO, and other styles

15

Simpson, Megan. "The Action for Breach of Promise of Marriage in Early Colonial New Zealand: Fitzgerald v Clifford (1846)." Victoria University of Wellington Law Review 41, no. 3 (November 1, 2010): 473. http://dx.doi.org/10.26686/vuwlr.v41i3.5219.

Full text

Abstract:

In 1846, the first breach of promise of marriage case was heard by the Supreme Court of New Zealand. Unlike many other breach of promise cases heard throughout the Empire during the nineteenth century, this case was not publicly reported. Rather, it is a case that exists only within the pages of Justice Chapman's judicial notebook, absent from the newspaper court reports of the time. This action was relatively rare in the colony but the testimonies of witnesses examined enable us to gain an insight into matters of class, courtship, family, reputation and social protocols in the mid-nineteenth century. This paper considers the legal history of the action in New Zealand from 1842-1875, focussing on the case of Fitzgerald v Clifford (1846) to explore how private matters of courtship and romance became matters of legal and sometimes public debate.

APA, Harvard, Vancouver, ISO, and other styles

16

Bainham, Andrew. "TAKING CHILDREN ABROAD: HUMAN RIGHTS, WELFARE AND THE COURTS." Cambridge Law Journal 60, no. 3 (November 21, 2001): 441–92. http://dx.doi.org/10.1017/s0008197301371192.

Full text

Abstract:

One of the more drastic results of marital breakdown can occur where a mother decides to leave the country permanently and relocate with a child. Such cases can pose an acute dilemma where, as in Payne v. Payne [2001] 1 F.L.R. 1052, the father has enjoyed substantial contact with the child which is bound to be severely curtailed (if not entirely destroyed) by the mother’s relocation on the other side of the world. Here the mother, a New Zealander, had been ordered by a New Zealand court to return the child to England, following her “wrongful retention” there, under the Hague Convention which governs international child abduction. In the present proceedings she sought leave to return home to her original family with her four-year-old daughter. The father had substantial staying contact, which was sufficiently extensive that it might almost be termed “time-sharing”, and he countered with an application for a residence order. It was not in dispute that the child had an exceptionally good relationship with the father and with the paternal relatives in Newmarket. The mother, who by this time had grown to loathe her home in London, was adamant that she could only provide the child with a happy and secure upbringing if allowed to return to New Zealand. The father unsuccessfully opposed her application in the Cambridge County Court but appealed on the basis that the settled principle applied by the courts was in breach of the European Convention on Human Rights and in conflict with the Children Act 1989. The essence of the argument was that the Convention enshrined a right of contact between parent and child as an aspect of respect for family life under Article 8 and that the Children Act also required much greater significance to be attached to the preservation of such contact.

APA, Harvard, Vancouver, ISO, and other styles

17

Spiller, Peter. "The Judicial Legacy of Salmond J in New Zealand." Victoria University of Wellington Law Review 38, no. 4 (March 1, 2008): 797. http://dx.doi.org/10.26686/vuwlr.v38i4.5549.

Full text

Abstract:

John Salmond was a judge of the Supreme Court of New Zealand during the years 1920-1924. This paper examines the nature of Salmond J's contribution to judicial precedent in New Zealand in five areas of the law: administrative; family; procedural; property; and contract law. Salmond J's judgments in these areas amply justified his reputation as an outstanding jurist. They were characterised by balance, fairness and a keen sense of human reality, and were presented with admirable structure and clarity. Of particular note is Salmond J's interpretion of the significant body of legislation passed from 1908 onwards. Fortified by his experience of legislative drafting at the time when this legislation was passed, Salmond J confidently supplemented the legislation with case law based on the legislative intent. The overall effect of Salmond J's judicial work was that, during the eight decades after his death, his judgments provided his successors on the bench with apposite language, frameworks and reference points in the cases before them.

APA, Harvard, Vancouver, ISO, and other styles

18

Boshier, Hon Peter. "PARENTING AND CRIME: AN EVIDENCE-BASED REVIEW WITH IMPLICATIONS FOR THE NEW ZEALAND FAMILY AND YOUTH COURT." Family Court Review 49, no. 1 (January 2011): 8–15. http://dx.doi.org/10.1111/j.1744-1617.2010.01349.x.

Full text

APA, Harvard, Vancouver, ISO, and other styles

19

Roberts, M. "New Zealand's Family Court - Reflections for the Family Law Act of England and Wales." International Journal of Law, Policy and the Family 11, no. 2 (August 1, 1997): 246–69. http://dx.doi.org/10.1093/lawfam/11.2.246.

Full text

APA, Harvard, Vancouver, ISO, and other styles

20

Atkin, Bill. "The Legal World of Unmarried Couples: Reflections on "De Facto Relationships" in Recent New Zealand Legislation." Victoria University of Wellington Law Review 39, no. 4 (December 1, 2008): 793. http://dx.doi.org/10.26686/vuwlr.v39i4.5492.

Full text

Abstract:

This article is a revised version of a paper presented at a conference in Vienna 16-20 September 2008, the 13th World Conference of the International Society of Family Law. The paper notes how the New Zealand legislation for most purposes equates the legal position of de facto, civil union and married couples. The main part of the paper focuses on the key definition of "de facto relationship" and draws attention in particular to the leading High Court decision of Scragg v Scott. While there will inevitably be borderline situations, most are likely to fall easily within or outside the definition.It is very fitting to have in this issue of the Law Review a piece by Professor Atkin on New Zealand's relationship property law: in the 1970s when the original matrimonial property statute was enacted, Professor Angelo and Professor Atkin together made submissions to Parliament and subsequently co-authored articles on the subject.

APA, Harvard, Vancouver, ISO, and other styles

21

Hassall, Ian. "The Children Young Persons and their Families Act 1989." Children Australia 17, no. 4 (1992): 5–6. http://dx.doi.org/10.1017/s1035077200012645.

Full text

Abstract:

Since November 1989 New Zealand has had new statutory care and protection and youth justice procedures. They differ substantially from the procedures under the old 1974 act. For the majority of cases, the disposition of the child, services provided and, in the case of offending, any penalties or restitution imposed are now the responsibility of the family rather than the Court.This responsibility is exercised through a new official process called the Family Group Conference, at which the State is represented but in which the decision-making power is expected to rest largely with the family. Only if this fails or if the offence falls into the most serious of categories is the matter passed to the Court. A new group of officials has been created to co-ordinate the process. They are known as Youth Justice and Care and Protection Co-ordinators.

APA, Harvard, Vancouver, ISO, and other styles

22

Busch, Robbie, Mandy Morgan, and Leigh Coombes. "Manufacturing egalitarian injustice: A discursive analysis of the rhetorical strategies used in fathers’ rights websites in Aotearoa/New Zealand." Feminism & Psychology 24, no. 4 (June 19, 2014): 440–60. http://dx.doi.org/10.1177/0959353514539649.

Full text

Abstract:

The fathers’ rights movement is a worldwide phenomenon that takes a particular form in our geopolitical region. Responding initially to an apparent judicial preference for mothers to have custody of children, the movement grew alongside, and in resistance to, the women’s movement. In this paper, we analyse how texts of fathers’ rights discourse strategically appropriate egalitarianism in the context of gendered struggles over rights within the nuclear family. Texts from four fathers’ rights websites are engaged to locate, construct and critique the discursive power of the movement in Aotearoa/New Zealand. We discuss examples of strategies that appropriate egalitarianism, engage quantifying logic, and demonise women and argue how the fathers’ rights sites exemplify resistance to the impact of the women’s movement on Family Court and criminal justice interventions into violence against women at home.

APA, Harvard, Vancouver, ISO, and other styles

23

Mackenzie, Deborah, Ruth Herbert, and Neville Robertson. "‘It’s Not OK’, but ‘It’ never happened: parental alienation accusations undermine children’s safety in the New Zealand Family Court." Journal of Social Welfare and Family Law 42, no. 1 (January 2, 2020): 106–17. http://dx.doi.org/10.1080/09649069.2020.1701942.

Full text

APA, Harvard, Vancouver, ISO, and other styles

24

Henaghan, Mark, and Ruth Ballantyne. "Bill Atkin: A Fierce Defender of Children's Rights and Proponent of Child-Focused Legislation." Victoria University of Wellington Law Review 46, no. 3 (October 1, 2015): 591. http://dx.doi.org/10.26686/vuwlr.v46i3.4912.

Full text

Abstract:

This article illustrates the different ways in which Professor Bill Atkin has shown where family law legislative reforms have fallen short in making the rights and well-being of children the paramount consideration in family law disputes, and properly taking account of children's views on matters that affect them. It examines Atkin's thought-provoking analysis of the introduction of the Care of Children Act 2004 and the changes made in recent years to the Child Support Act 1991, the Property (Relationships) Act 1976 and the Family Court system as a whole. The article also explores Atkin's approval of the amendments to the Crimes Act 1961 preventing parents from using physical discipline against their children for the purposes of correction. Overall, the article highlights Atkin's extensive contribution to family law and demonstrates what needs to be changed to ensure New Zealand family law and society becomes more child-focused in the future.

APA, Harvard, Vancouver, ISO, and other styles

25

Taylor, Nicola, Robyn Fitzgerald, Tamar Morag, Asha Bajpai, and Anne Graham. "International Models of Child Participation in Family Law Proceedings following Parental Separation / Divorce." International Journal of Children’s Rights 20, no. 4 (2012): 645–73. http://dx.doi.org/10.1163/15718182-55680006.

Full text

Abstract:

This article reports on the findings of a 2009 survey conducted under the auspices of the Childwatch International Research Network about how children’s participation rights, as set out in Articles 12 and 13 of the UNCRC, are respected in private family law proceedings internationally. Court-based and alternative dispute resolution processes and the roles of relevant professionals engaged in child-inclusive practices are considered, as well as religious, indigenous and customary law methods of engaging with children. The findings from the 13 participating countries confirm an increasing international commitment to enhancing children’s participation in family law decision-making, but depict a wide variety of approaches being used to achieve this. Case studies from Australia, India, Israel and New Zealand are included to illustrate differing models of children’s participation currently in use in decision-making processes following parental separation.

APA, Harvard, Vancouver, ISO, and other styles

26

Framenau, Volker W., Cor J. Vink, Nikolaj Scharff, Renner L. C. Baptista, and Pedro de S. Castanheira. "Review of the Australian and New Zealand orb-weaving spider genus Novakiella (Araneae, Araneidae)." Zoosystematics and Evolution 97, no. 2 (July 26, 2021): 393–405. http://dx.doi.org/10.3897/zse.97.67788.

Full text

Abstract:

The orb-weaving spider genus Novakiella Court & Forster, 1993 (family Araneidae Clerck, 1757) is reviewed to include two species, N. trituberculosa (Roewer, 1942) (type species, Australia and New Zealand) and N. boletussp. nov. (Australia). Novakiella belongs to the informal, largely Australian ‘backobourkiine’ clade and shares with the other genera of the clade a single macroseta on the male pedipalp patella and a median apophysis of the male pedipalp that forms an arch over the radix. The proposed genus synapomorphies are the presence of a large basal conductor lobe expanding apically over the radix and the shape of the median apophysis, which extends into a basally directed, pointy projection. Males have an apico-prolateral spur on the tibia of the second leg that carries a distinct spine. Females have an epigyne with triangular base plate bearing transverse ridges and an elongate triangular scape, which is almost always broken off. The humeral humps of the abdomen are distinct. Novakiella trituberculosa build characteristic dome-shaped webs; however, the foraging behaviour and web-shape of N. boletussp. nov., currently only known from museum specimens, are not known.

APA, Harvard, Vancouver, ISO, and other styles

27

Aras Kramar, Slađana. "KAKO ZAKONSKI REGULIRATI OBITELJSKU GRUPNU KONFERENCIJU U HRVATSKOJ?" Annual of Social Work 28, no. 1 (July 29, 2021): 205–29. http://dx.doi.org/10.3935/ljsr.v28i1.338.

Full text

Abstract:

HOW TO REGULATE THE FAMILY GROUP CONFERENCE IN CROATIA Taking into account the proclaimed aim of the Strategic Plan of the Ministry of Demography, Family, Youth and Social Policy 2019 − 2021, namely, social empowerment and protection of families, children and young people through enhancing family protection and supporting families at risk as a preventive measure of institutionalisation, this paper seeks to discuss the question of how law and legal forms can be used to strengthen families at risk, activate their resources, create a family group network and plan to address family law conflicts of interest and problems. This is done through determining and analysing the procedure and principles of a family group conference, as an alternative to the administrative and/or judicial one in matters of family law and social protection of children and families. For the purpose of reflection and projection, de lege ferenda, on the family group conference in the field of (administrative and judicial) family law and social protection of family members in Croatia, the New Zealand family group conference model, as a starting point for the development of this procedure, and certain European comparative law systems and good practices (the United Kingdom, the Netherlands, Norway) are analysed and discussed in the paper. In particular, open questions about the »right« to the family group conference, the assessment and criteria for referring family members to the conference, including the fact of initiation of the court procedure or if the proceedings are already pending, as well as the legal force or effectiveness of the plans achieved in the family group conference will be discussed. Key words: family group conference; child, family; social welfare center; court

APA, Harvard, Vancouver, ISO, and other styles

28

Sanders, Rachael. "Editorial." Children Australia 38, no. 1 (January 30, 2013): 1–4. http://dx.doi.org/10.1017/cha.2012.43.

Full text

Abstract:

Welcome to the first issue of Children Australia for 2013. We trust you had an enjoyable festive season and are now firmly back into your work/life routines for the New Year. This year Jennifer and I are continuing with our commitment to bring quality research and practice-based commentaries about issues important to children, young people, families and the professionals who work with them. Later in the year we will see a special issue guest edited by Dr Nicola Taylor from the Centre for Research on Children and Families, Otago University, New Zealand. The special issue will focus on matters related to family law, the court system and separation/divorce. In addition to our regular invitation to submit your papers to Children Australia, we invite experts in the field to make contributions to the special issue.

APA, Harvard, Vancouver, ISO, and other styles

29

Fitzgerald, John M., and Natasha Moltzen. "Psychological Evaluation of the Child's Best Interests: The Interpretation of Data in the Preparation of Child Welfare Reports in the New Zealand Family Court." Psychiatry, Psychology and Law 11, no. 2 (June 2004): 214–25. http://dx.doi.org/10.1375/pplt.2004.11.2.214.

Full text

APA, Harvard, Vancouver, ISO, and other styles

30

Probert, Thomas. "A Lost Opportunity? Omission of the Illusory Trust Doctrine from the Trusts Act 2019." Victoria University of Wellington Law Review 50, no. 4 (December 2, 2019): 681. http://dx.doi.org/10.26686/vuwlr.v50i4.6307.

Full text

Abstract:

This article considers the role of the illusory trust doctrine in New Zealand. It argues that the illusory trust doctrine should be incorporated into the Trusts Act 2019. Incorporating the illusory trust will enhance clarity in New Zealand's law of trusts by providing the courts with a conceptually coherent method to assess the permissible boundaries of the trust. This article explores the differing views of illusory trusts in the context of the Trusts Act and in light of policy concerns. The "no meaningful accountability" view of illusory trusts is identified as the best formulation of the doctrine for incorporation into the Trusts Act. Importantly, the no meaningful accountability view does not jeopardise discretionary family trusts, which have social and economic significance. The author goes further by drafting a tentative provision for incorporation in the Trusts Act. The provision is then applied to the nefarious Clayton v Clayton trust and a typical, discretionary family trust. This application demonstrates that the provision will only catch the most nefarious Clayton-type trusts, thus preserving discretionary family trusts.

APA, Harvard, Vancouver, ISO, and other styles

31

Wake, Nicola. "‘His home is his castle. And mine is a cage’: a new partial defence for primary victims who kill." Northern Ireland Legal Quarterly 66, no. 2 (August 17, 2018): 151–77. http://dx.doi.org/10.53386/nilq.v66i2.148.

Full text

Abstract:

This article provides an in-depth analysis of the Crimes Amendment (Abolition of Defensive Homicide) Act 2014 which had the effect of repealing the Australian state of Victoria’s only general ‘partial defence’ of defensive homicide, and replaced the existing statutory self-defence in murder/manslaughter provisions and general common law self-defence rules with a single test. The abolition of defensive homicide means there is now no general ‘partial defence’ to accommodate cases falling short of self-defence. The change is likely to mean that some primary victims will find themselves bereft of a defence. This is the experience in New Zealand where the Family Violence Death Review Committee recently recommended the reintroduction of a partial defence, postabolition of provocation in 2009. Primary victims in New Zealand are being convicted of murder and sentences are double those issued pre-2009. Both jurisdictions require that a new partial defence be introduced, and accordingly, an entirely new defence predicated on a fear of serious violence and several threshold filter mechanisms designed to accommodate the circumstances of primary victims is advanced herein. The proposed framework draws upon earlier recommendations of the Law Commission for England and Wales, and a comprehensive review of the operation of ss 54 and 55 of the Coroners and Justice Act 2009, but the novel framework rejects the paradoxical loss of self-control requirement and sexed normative standard operating within that jurisdiction. The recommendations are complemented by social framework evidence and mandatory jury directions, modelled on the law in Victoria. A novel interlocutory appeal procedure designed to prevent unnecessary appellate court litigation is also outlined. This bespoke model provides an appropriate via media and optimal solution to the problems faced by primary victims in Victoria and New Zealand.

APA, Harvard, Vancouver, ISO, and other styles

32

Henaghan, Mark. "New Zealand Case Studies to Test the Meaning and Use of Article 5 of the 1989 United Nations Convention on the Rights of the Child." International Journal of Children’s Rights 28, no. 3 (August 24, 2020): 588–612. http://dx.doi.org/10.1163/15718182-02803003.

Full text

Abstract:

Abstract Article 5 of the UN Convention on the Rights of the Child recognises the importance of parents and wider family members in ensuring that children are given appropriate directions on their rights in the UN Convention on the Rights of the Child. This paper analyses the wording of Article 5 and four New Zealand case studies to test the possible interpretations of Article 5. The paper builds on the work of Landsdown and Kamchedzera (Landsdown, 2005; Kamchedzera, 2012) who have done previous comprehensive analyses of the ambit and significance of the wording in Article 5. Article 5, like all international instruments, is not designed to provide prescriptive answers to challenging problems where there is a clash of which rights should prevail for children in particular situations. The central theme of this paper is that where there is a clash of a child’s rights, the tiebreaker should be which right in the particular situation will best enhance the unique identity of a particular child. The paper draws on the work of Ronen (Ronen, 2004) which argues that the purpose of a child’s rights framework is so the child can construct their individualised identity which is authentic and real for that particular child. The New Zealand case studies have been chosen to exemplify particular aspects of Article 5 and see how they are played out in particular court settings and whether the outcome enhances or inhibits the child’s opportunity to develop their unique identity.

APA, Harvard, Vancouver, ISO, and other styles

33

Mark Henaghan, Professor. "Article 12 of the un Convention on the Rights of Children." International Journal of Children’s Rights 25, no. 2 (August 8, 2017): 537–52. http://dx.doi.org/10.1163/15718182-02502012.

Full text

Abstract:

This article examines the context surrounding the creation of the un Convention on the Rights of Children, focusing primarily on Article 12, and explains the importance of children having a voice in all matters affecting them. An analysis of the application of Article 12 in the New Zealand courts demonstrates that more work is required to ensure children are full participants in the judicial process, especially considering the ways children’s rights and voices have been unduly constrained by the new Family Dispute Resolution process introduced in 2014. The article also explores the fundamental importance of the involvement of children in political matters affecting them, focusing on a recent Australian model involving Aboriginal children and young people and recommends a reduction in the New Zealand voting age to ensure children and young people have a real voice in political matters and that Article 12 truly fulfils its potential.

APA, Harvard, Vancouver, ISO, and other styles

34

Dalley, Stewart. "Recent changes to immigration laws: Implications for hospitality employers." Hospitality Insights 1, no. 1 (October 20, 2017): 1–2. http://dx.doi.org/10.24135/hi.v1i1.4.

Full text

Abstract:

Immigration New Zealand (INZ) recently announced changes to the skilled migrant residence and essential-skills work visas based on a strong association between skills and salary. This shift will impact both employers and migrants, especially in hospitality. According to the INZ, the hospitality sector was the fourth-largest recipient of skilled migrant residence visas in their last reporting year [1,2]. INZ expects migrants employed as chefs, café/restaurant managers and retail managers to be the hardest hit by these changes [1,2]. Residence under the skilled migrant policy can be gained for jobs in skill levels 1–3 as defined in the Australian and New Zealand Standard Classification of Occupations (ANZSCO). Traditionally, hotel managers, chefs, and café/restaurant managers have been classed as level 2, and bakers at level 3 in accordance with ANZSCO. However, skills levels are now also assessed based on salary (at least $23.49 p/h) and specialist skills obtained through qualifications and/or work experience. Migrants paid a justifiable $35.24 p/h for a position previously considered unskilled (levels 4–5), or those with positions unclassified by ANZSCO, could gain residence under the new policy shift. While this could mean a residence visa for people whose jobs do not neatly fit within ANZSCO, INZ are not easily deceived. Indeed, the Labour Inspectorate reports that 20 percent of the published list of employers currently barred from recruiting migrants (due to breaches of employment and immigration laws) are in the hospitality sector. Accordingly, there is little to be gained by migrants claiming to be paid $80,000 for a housekeeping position. Approximately 21 percent of essential-skills work visas issued by Immigration New Zealand in the last reporting year were for migrants in the hospitality sector [1,2]. Essential-skills work visas cover five skills levels (as indicated by ANZSCO) but now have accompanying salary thresholds. The main change affects migrants earning below $19.97 p/h because they will now be unable to sponsor their partner’s work visa or child’s domestic student visa. While their partner and child would still be able to apply for visas, the partner would have to meet the visa requirements in their own right to obtain a work visa, and their child could only obtain an international student visa – the costs associated with which would likely consume the ‘low’ salary of the migrant worker. Additionally, this ‘low-skilled’ migrant will only be able to obtain one ‘low-skilled’ essential-skills work visa of three-year duration before experiencing a 12-month stand-down period, during which they would be barred from applying for another low-skilled essential-skills work visa. This does not, however, prevent the migrant from applying for an essential-skills visa at a higher skill level or for a visa in another category entirely. Those in positions assessed as skill levels 4–5 under ANZSCO and paid below $19.97p/h will only be issued a 12-month work visa, and will be unable to sponsor a partner for a work visa or a child for domestic student status. There are some elements of the policy change that are not retrospective. It is, therefore, vital to seek specific advice in each case. Many employers will now be faced with the prospect of increasing salaries to attract migrants or expending more time and resources to recruit and train New Zealanders. However, it is recalled that many employers, particularly in the regions, have experienced recruitment difficulties for decades. It is, therefore, unclear whether these changes will produce the desired increase in job opportunities and salaries for New Zealanders or whether they will only add to the recruitment woes of employers. Corresponding author Stewart is a Senior Solicitor with Ryken and Associates (www.rykenlaw.co.nz). He assists in all aspects of immigration and refugee law, including advising on visas, deportation and humanitarian claims. He has experience in representing clients at the Immigration and Protection Tribunal, Family Court, District Court and High Court. Stewart is an active member of the Auckland District Law Society’s Immigration and Refugee Law Committee, where he engages with Immigration New Zealand, the Immigration Protection Tribunal, and other outside organisations, to help shape and inform discussion on immigration and refugee-related policy matters. His work has been published in the New Zealand Law Society’s official magazine (LawTalk) and the New Zealand Law Journal. Stewart Dalley can be contacted at: stewart@rykenlaw.co.nz References (1) New Zealand Immigration. www.immigration.govt.nz/about-us/research-and-statistics/statistics (2) Ministry of Business, Innovation and Employment. Aide Memoire Information for Ministers: Composition of the Skilled Migrant Category – updated slide pack, May 26, 2016.

APA, Harvard, Vancouver, ISO, and other styles

35

Blincoe, Emily. "Sex Markers on Birth Certificates: Replacing the Medical Model with Self-Identification." Victoria University of Wellington Law Review 46, no. 1 (July 1, 2015): 57. http://dx.doi.org/10.26686/vuwlr.v46i1.4935.

Full text

Abstract:

Section 28 of the Births, Deaths, Marriages, and Relationships Registration Act 1995 allows people to apply to the Family Court to change the sex marker on their birth certificate. This article argues that this provision is outdated and does not go far enough in providing legal recognition for trans people. It is based on the medical model of sex, and requires medical evidence that the applicant's body conforms sufficiently to that of the "nominated sex". The major problem with this requirement is that the required medical interventions are unavailable or undesirable for many trans people, so should not be a basis for legal recognition. The medical model also privileges medical and judicial expertise above a person's own identity and experience. This article suggests a reform based on the self-identification model, which exists in Argentina for birth certificates, and in New Zealand for passports and drivers' licences. Such a reform of s 28 would bring birth certificates in line with these other documents, leading to more consistency and increased respect for the human rights of trans people.

APA, Harvard, Vancouver, ISO, and other styles

36

Downie, Jocelyn. "Permitting Voluntary Euthanasia and Assisted Suicide: Law Reform Pathways for Common Law Jurisdictions." QUT Law Review 16, no. 1 (March 11, 2016): 84. http://dx.doi.org/10.5204/qutlr.v16i1.613.

Full text

Abstract:

End of life law and policy reform is the subject of much discussion around the world. This paper explores the pathways to permissive legal regimes that have been tried in various common law jurisdictions. These include legislation, prosecutorial charging guidelines, court challenges, jury nullification, the exercise of prosecutorial discretion in the absence of offence-specific charging guidelines, and the exercise of judicial discretion in sentencing. In this paper, I describe these pathways as taken (or attempted) in five common law jurisdictions (USA, UK, Australia, New Zealand, and Canada) and reflect briefly on lessons that can be drawn from the recent experiences with law reform in Canada. Through its bird’s eye view, it highlights the remarkable number and variable nature of past attempts at law reform and suggests a shifting tide. It debunks some common myths that have either limited or stymied reform in the past. Finally, it illuminates jurisdictional similarities and differences and lessons learned by those who have gone before so as to inform choices about pathways to pursue for those who will seek to advance a law reform agenda in the future.

APA, Harvard, Vancouver, ISO, and other styles

37

Romans, Sarah E., Judy L. Martin, Jessie C. Anderson, Martine L. O'shea, and Paul E. Mullen. "The ‘Anatomy’ of Female Child Sexual Abuse: Who does what to Young Girls?" Australian & New Zealand Journal of Psychiatry 30, no. 3 (June 1996): 319–25. http://dx.doi.org/10.3109/00048679609064993.

Full text

Abstract:

Objective: This paper aims to describe the characteristics of sexually abusive acts experienced by female children in order to identify those perpetrators who inflict intrusive and repeated child sexual abuse (CSA). Method: Data were collected from a random New Zealand sample of women aged 18 to 65 years who reported CSA, and a similar number of non-abused comparison women. Information on the perpetrator, the type of CSA, and perpetrator strategies were cross-tabulated. Results: The perpetrators were usually young men, well known to the victim or her family. Greater CSA intrusiveness was statistically associated with greater CSA frequency. Father/stepfather abusers were most likely to perpetrate intrusive and frequent CSA. However, family associates and non-paternal relatives were numerically more often reported as perpetrators than fathers/stepfathers. Stranger-perpetrators featured infrequently. Conclusion: We conclude that the most frequent and invasive CSA comes from someone well known to the child, particularly a family member or trusted friend. A focus by the courts or health professionals on either incest only (i.e. CSA between biological relatives) or ‘stranger danger’ will overlook the large categories of CSA perpetrated by secondary relative and family friend abusers.

APA, Harvard, Vancouver, ISO, and other styles

38

Silvya E. Wangga, Maria, and R. Bondan Agung Kardono. "ALTERNATIF PENYELESAIAN KEKERASAN TERHADAP PEREMPUAN." ADIL: Jurnal Hukum 9, no. 2 (May 16, 2019): 78. http://dx.doi.org/10.33476/ajl.v9i2.829.

Full text

Abstract:

Kekerasan terhadap perempuan merupakan suatu fenomena sosial yang sangat dekat dan tidak dapat kita sembunyikan lagi dari kehidupan sosial manusia. Pada dasarnya setiap tindakan kekerasan selalu mengakibatkan perusakan terhadap emosi, psikologi, seksual, fisik dan atau material. Undang-Undang Nomor 23 Tahun 2004 tentang Penghapusan Kekerasan Dalam rumah Tangga, merupakan ketentuan khusus yang memberikan perlindungan terhadap perempuan. Bertitik tolak pada pandangan bahwa masalah kehidupan manusia yang begitu kongkrit, luas dan kompleks dalam masyarakat, tidak hanya harus dipecahkan dengan undang-undang, karena undang-undang bukan satu-satunya sumber hukum, akan tetapi masih ada sumber-sumber lainnya yang dapat digunakan dalam penyelesaian dan penegakkan hukum di masyarakat, yakni forum penyelesaian sengketa berbasis komunitas biasa yang dijumpai dalam kehidupan keseharian. Seperti Shariah Councils, yang berlaku untuk kalangan perempuan muslim Asia Selatan yang tinggal di Inggris atau pengadilan keluarga, (family Court), yang ada di New Zealand. Adanya kajian yang komprehensif serta melakukan studi interdisipliner maka alternatif pengadilan keluarga dalam menyelesaikan perkara kekerasan terhadap perempuan, menjadi suatu paradigma yang dapat diterapkan di indonesia.

APA, Harvard, Vancouver, ISO, and other styles

39

Avramova, Olga Ye, and Oleksandr Ye Kukhariev. "MEDICAL-LEGAL PROBLEMS OF INTERFERENCE IN THE RIGHT TO HUMAN AUTONOMY IN POSTMORTEM REPRODUCTION." Wiadomości Lekarskie 73, no. 12 (2020): 2890–94. http://dx.doi.org/10.36740/wlek202012231.

Full text

Abstract:

The aim is a theoretical and methodological substantiation of revealing the possibility of interfering in the autonomy of a person during posthumous reproduction and establishing the existing protection of the rights and interests of postmortem children. Materials and methods: The legislation of the European Union, the USA, Great Britain, New Zealand, Spain, Germany, Ukraine, the statistical data published by the international organizations are analyzed. In the course of the research a systemic, axiological approach and methods of analysis, synthesis, generalization were used. Conclusions: It is proved that reproductive interference in the autonomy of the deceased in order to have a child is possible only on law basis, and in its absence - by a joint decision of the council of doctors, family lawyers, relatives of the deceased, taking into account the moral principles of society, public interests, rights and interests and other constituents (other heirs). It is emphasized that the origin of a postmortem child can be established based on a court decision. It is emphasized that post-mortem children should not have any discrimination; they are equal with other children. It was found that the system of rights of postmortem children includes personal non-property rights of a child (right to life, health, name, surname of biological parents); property rights (right to inheritance, right to social security). The primary is the system of non-property rights that ensure the physical and social life of the postmortem child.

APA, Harvard, Vancouver, ISO, and other styles

40

Freckelton, Ian. "Minimising The Counter-Therapeutic Effects Of Coronial Investigations: In Search Of Balance." QUT Law Review 16, no. 3 (December 13, 2016): 4. http://dx.doi.org/10.5204/qutlr.v16i3.696.

Full text

Abstract:

For more than a decade analyses of coronial processes inspired by both therapeutic jurisprudence and restorative justice have identified the potential for maximising the therapeutic and public health benefits of the investigative functions of coroners’ courts and minimising their counter-therapeutic potential. The focus of both scholarly literature and law reform proposals has been upon addressing deficits in respect of the role of families in coronial investigations and especially coroners’ inquests. This has been a constructive contribution and has improved sensitivity to the risk that family members will be disenfranchised and alienated at a highly vulnerable time after they have been bereaved. This article chronicles the development in awareness of such issues. However, the potential for adverse effects on parties other than family members has been inadequately recognised in the literature, save for empirical studies conducted in 2011 for the Coronial Council of Victoria and another study published in 2014 in New Zealand. This article seeks to redress that imbalance. It argues that it is appropriate also to have regard to such potential in endeavouring to provide an approach to the work of coroners that is influenced by the sensibilities of therapeutic jurisprudence and seeks to reduce, so far as possible, counter-therapeutic outcomes for all parties, at the same time prioritising accurate and robust fact-finding and formulation of constructive recommendations to avoid avoidable deaths. It calls for further empirical research on the impact of coroners’ investigations on all affected parties and argues in favour of extension of improved funding to enable approaches to be informed by therapeutic jurisprudence and in particular to enhance eligibility for the services of counselling services attached to coroners’ courts.

APA, Harvard, Vancouver, ISO, and other styles

41

Thatcher, Gordon. "The Supreme Court of New Zealand." Commonwealth Law Bulletin 36, no. 3 (September 2010): 461–68. http://dx.doi.org/10.1080/03050718.2010.500837.

Full text

APA, Harvard, Vancouver, ISO, and other styles

42

Blanchard, Peter. "New Zealand Supreme Court Jurisdiction and Practice." Commonwealth Law Bulletin 33, no. 1 (March 2007): 3–14. http://dx.doi.org/10.1080/03050710701413970.

Full text

APA, Harvard, Vancouver, ISO, and other styles

43

Boshier, Peter. "NEW ZEALAND FAMILY LAW REPORT." Family Court Review 33, no. 2 (March 15, 2005): 182–93. http://dx.doi.org/10.1111/j.174-1617.1995.tb00360.x.

Full text

APA, Harvard, Vancouver, ISO, and other styles

44

Butler, Petra. "Human Rights and Parliamentary Sovereignty in New Zealand." Victoria University of Wellington Law Review 35, no. 2 (August 1, 2004): 341. http://dx.doi.org/10.26686/vuwlr.v35i2.5636.

Full text

Abstract:

The paper examines whether there was any basis for Parliament to enact section 3(2) of the Supreme Court Act 2003 in regard to human rights decisions of the Court of Appeal. The paper asks whether the Court of Appeal has indeed been "activist" in its human rights decisions. The discussion focuses on the areas where judicial activism might be suspected, firstly the filling of legislative gaps, and secondly statutory interpretation, with a special focus on implied repeal. Relevant decisions of the House of Lords under the Human Rights Act 1998 (UK) are used as a contrast to the decisions of the New Zealand Court of Appeal. The paper comes to the conclusion that the New Zealand Court of Appeal has not been activist in the area of human rights.

APA, Harvard, Vancouver, ISO, and other styles

45

Angelo, AH, and Ashleigh Allan. "High Court of New Zealand and Tokelau – A Recent Case." Victoria University of Wellington Law Review 43, no. 4 (December 1, 2012): 645. http://dx.doi.org/10.26686/vuwlr.v43i4.5020.

Full text

Abstract:

The decision of the High Court of New Zealand in the case of Pisaina Leilua-Lei Sam v The Council for the Ongoing Government of Tokelau and Faipule Foua Toloa (Sam v COG) provides an opportunity to consider the court system of Tokelau and to glimpse a largely unknown area of the law of New Zealand. It appears that Sam v COG is the first case to be decided by the High Court of New Zealand in the exercise of its jurisdiction as a separate Court of justice for Tokelau. This case note deals in turn with the structure of Tokelau's court system, the judgment in Sam v COG, and the future of the system.

APA, Harvard, Vancouver, ISO, and other styles

46

Molloy, T., and T. Graham. "The robust attitude of Australian courts in family law proceedings involving trusts; New Zealand Law Commission tinkers with trusts, and satirizes Prince Charles; whether the time has come for a Commonwealth counterpart of the American Law Institute; trustee investment, and portfolio theory--New Zealand and US perspectives; Letters of Wishes expertly analysed; how the Supreme Court might have decided Marley v Rawlings if it were to have been argued in 1677; the potentially devastating consequences of presumed undue influence; helpful new glosses on when it will be found." Trusts & Trustees 20, no. 7 (July 18, 2014): 641–51. http://dx.doi.org/10.1093/tandt/ttu140.

Full text

APA, Harvard, Vancouver, ISO, and other styles

47

Warnock, C. "Reconceptualising the Role of the New Zealand Environment Court." Journal of Environmental Law 26, no. 3 (November 1, 2014): 507–18. http://dx.doi.org/10.1093/jel/equ030.

Full text

APA, Harvard, Vancouver, ISO, and other styles

48

Cornes, Richard. "Appealing to history: the New Zealand Supreme Court debate." Legal Studies 24, no. 1-2 (March 2004): 210–27. http://dx.doi.org/10.1111/j.1748-121x.2004.tb00248.x.

Full text

Abstract:

For a New Zealander one of the odder tourist experiences available in London - and soon to disappear - was to go to the top of Downing Street, and after a brief word with the police officer at the gates, to be ushered in to watch a hearing of the highest court of (though not actually in) New Zealand. Beginning with the arrival of British settlers the Judicial Committee of the Privy Council served as New Zealand's court of final appeal. Sitting in the very heart of London it was possible to hear lawyers with New Zealand accents argue about places and concepts quite literally a world away.

APA, Harvard, Vancouver, ISO, and other styles

49

Blanchard, Peter. "A Commentary on the New Zealand Supreme Court Rules." Commonwealth Law Bulletin 33, no. 1 (March 2007): 31–38. http://dx.doi.org/10.1080/03050710701414010.

Full text

APA, Harvard, Vancouver, ISO, and other styles

50

Roth, Paul. "The Place of the Employment Court in the New Zealand Judicial Hierarchy." Victoria University of Wellington Law Review 50, no. 2 (September 2, 2019): 233. http://dx.doi.org/10.26686/vuwlr.v50i2.5744.

Full text

Abstract:

This article considers the status of the Employment Court and its position in the overall court structure in New Zealand. It examines the issue from both an historical and comparative New Zealand legal perspective.

APA, Harvard, Vancouver, ISO, and other styles

Journal articles on the topic 'New Zealand Family Court'

Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles