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• Introduction to religion and law
• Religion within New Zealand
• Religious freedom
• Religion and charity
• Religion and education
• Religion and family
• Religion and employment

"The Law of Religion in New Zealand...covers key areas of religion in a legal context. The first chapter introduces the reader to law and religion generally, considering the general relationship between the two; religion and the state; the meaning and place of religion, and religion's general and legal definitions. Later chapters consider topics within New Zealand specifically such as religion in society, including Mαori and religion and the post-colonisation religious landscape; freedom of religion; religion and family; religion and employment; religion and charity; and religion and education"--Back cover

• 1. Introduction: Are the Offences in the Resource Management Act 1991 (RMA)Working?.-
• 2. The Context for the Enquiry: Regulation and the RMA.-
• 3. Theoretical Framework: Compliance, Enforcement, Sanctions and the Criminal Law.-
• 4. Failing the First Test: The Offences are not Effective.-
• 5. Explaining the Lack of Effectiveness: Constraints and Choices.-
• 6. Failing the Second Test: The Offences are being used Inappropriately.-
• 7. Explaining the Inappropriate Use: Form versus Substance.-
• 8. The Offences are not Working: Implications for Green Criminology.
• (source: Nielsen Book Data)

This book provides a critical study of environmental regulation and its enforcement in New Zealand, situated within green criminology. It seeks to address the question of whether the offences in the Resource Management Act 1991 are 'working', by drawing on a range of sources including: central government data, local government policies and reports on enforcement, information requests of councils, studies of local authority enforcement behaviour and case law to. Through highly layered and richly textured analysis, the project exposes the problems that can arise when an expansive approach is taken to offences, penalties and institutional arrangements in an environmental regulatory statute. It emphasizes how discussions of harm and what should be unlawful will ensure that law-makers' enforcement tools will align with their goals for punishment. It examines higher-level issues such as 'wrongfulness' and 'criminality' in the environmental regulatory context and explores the relevance of its findings to jurisdictions outside of New Zealand. It also discusses the pros and cons of criminalisation and punishment versus restoration. It speaks to those interested in green criminology, regulatory compliance and enforcement, and applications of criminal law.
(source: Nielsen Book Data)

• 1. Tikanga Maori and English Law
• 2. The Arrival of the Europeans
• 3. Forging a New Land
• 4. The New Zealand Wars Nga Pakanga o Aotearoa
• 5. God's Own Country6
• 6. The First World War
• 7. After the First World War
• 8. From Depression to Radical Change
• 9. The Second World War
• 10. After the Second World War
• 11. The Golden Years
• 12. A Time of Protest
• 13. Turbulent Times
• 14. A Country of Change
• 15. Setting a Steady Course
• 16. The Beginning of the Twenty-First Century
• 17. The Calm before the Storm
• 18. Unprecedented Challenges.
• (source: Nielsen Book Data)

This book offers a unique insight into the key legal and social issues at play in New Zealand today. Tackling the most pressing issues, it tracks the evolution of these societal problems from 1840 to the present day. Issues explored include: illegal drugs; racism; the position of women; the position of Maori and free speech and censorship. Through these issues, the authors track New Zealand's evolution to one of the most famously liberal and tolerant societies in the world.
(source: Nielsen Book Data)

• 1. New Zealand Constitutionalism I. Introduction II. Constitutional Essence III. Constitutional Perspective IV. Constitutional Culture V. Constitutional Dialogue VI. Conclusion Further Reading
• 2. Aotearoa New Zealand I. Introduction II. Maori and Pakeha III. He Whakaputanga o te Rangatiratanga o Nu Tireni: The Declaration of Independence of New Zealand IV. Te Tiriti o Waitangi: The Treaty of Waitangi V. Assertion of British Sovereignty VI. Conclusion Further Reading
• 3. Head of State and the Crown I. Introduction II. Sovereign as Head of State III. Governor-General as De Facto Head of State IV. Governor-General's Functions and Powers V. Executive Council VI. The Crown in Law VII. Conclusion Further Reading
• 4. Democratic Government I. Introduction II. Representative Government: An Elected House III. Responsible Government: A Parliamentary Ministry IV. Conclusion Further Reading
• 5. Executive I. Introduction II. Cabinet Government III. Prime Minister and Ministers IV. Public Service V. Wider State Sector 0 VI. Public Finance and Managerialism VII. Conclusion Further Reading
• 6. Parliament I. Introduction II. Parliamentary Institutions III. Parliamentary Functions IV. Parliamentary Dynamics under MMP V. Legislative Supremacy and its Limits VI. Conclusion Further Reading
• 7. Judiciary I. Introduction II. The Rule of Law and Forms of Law III. The Judiciary as an Institution IV. Judicial Independence and Accountability V. Conclusion Further Reading
• 8. Accountability and Transparency I. Introduction II. Accountability III. Transparency IV. Conclusion Further Reading
• 9. Human Rights I. Introduction II. New Zealand Bill of Rights Act 1990 III. Fundamental Rights and the Common Law IV. Other Statutory Rights Protections V. Conclusion Further Reading
• 10. Te Tiriti o Waitangi I. Introduction II. A Brief History of the Status of Te Tiriti III. Te Tiriti in the Constitution Today IV. Conclusion Further Reading
• 11. Local and Global Governance I. Introduction II. Local Government III. Maori Governance IV. Non-State Bodies and the Private Sector V. Global Institutions and International Relationships VI. Conclusion Further Reading
• 12. Constitutional Futures I. Introduction II. A Written Constitution? III. A Maori-centred Nation State? IV. A New Zealand Head of State? V. Pragmatic Tinkering? VI. Enhanced Protection of Rights? VII. Localism versus Globalism? VIII. Conclusion Further Reading.
• (source: Nielsen Book Data)

This book examines New Zealand's constitution, through the lens of constitutional realism. It looks at the practices, habits, conventions and norms of constitutional life. It focuses on the structures, processes and culture that govern the exercise of public power - a perspective that is necessary to explore and account for a lived, rather than textual, constitution. New Zealand's constitution is unique. One of three remaining unwritten democratic constitutions in the world, it is characterised by a charming set of anachronistic contrasts. "Unwritten", but much found in various written sources. Built on a network of Westminster constitutional conventions but generously tailored to local conditions. Proudly independent, yet perhaps a purer Westminster model than its British parent. Flexible and vulnerable, while oddly enduring. It looks to the centralised authority that comes with a strong executive, strict parliamentary sovereignty, and a unitary state. However, its populace insists on egalitarian values and representative democracy, with elections fiercely conducted nowadays under a system of proportional representation. The interests of indigenous Maori are protected largely through democratic majority rule. A reputation for upholding the rule of law, yet few institutional safeguards to ensure compliance.
(source: Nielsen Book Data)

"Transcribed papers of the speakers from the Chief Justice Retirement Conference"--Publisher information

• Foreword
• Preface
• Introduction
• Jurisdiction
• Procedure
• Choice of law
• Foreign judgments
• Obligations
• Property and trusts
• Administration and succession
• Family
• Corporations and insolvency

"[This book] provides a thorough treatment of the principled and rules applying to the cross-border aspects of civil claims and proceedings in New Zealand"-- Back cover

• Preface
• Study of the Constitution
• Sources of the Constitution
• Establishment of the Britsh rule
• Treaty of Waitangi
• Tikanga Māori and the law
• Development of the Constitution
• "Unwritten" Constitution
• Rule of law
• Separation of powers
• Conventions of the Constitution
• Civil, political and human rights
• Parliament
• Officers of Parliament
• Parliamentary privilege
• Foundations of the Constitution
• Parliamentary sovereignty
• Constitutional entrenchment
• The Crown
• Royal prerogative
• The executive
• The courts
• Judicial review
• Illegality
• Unreasonableness
• Procedural impropriety
• Delegated legislation
• Public law remedies
• Bill of Rights

• Ko ng 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 : disengaging the disengaged: the case of prisoner voting / Margaret Wilson and Julia Amua Whaipooti, judgment: Lisa Yarwood and Mihiata Pirini
• Brooker v Police [2007] NZSC 307 : rights balancing rejected / Ursula Cheer, jdgment: Janet McLean
• Ruka v Department of Social Welfare [1997] 1 NZLR 154 : defining a relationship for the purposes of state support / Catriona MacLennan, judgment: Māmari Stephens
• Lawson v Housing New Zealand (HC Auckland M538/94, 29 October 1996) : state housing, market rents and families facing eviction / Dean R Knight, judgment: Natalie Baird
• Seales v Attorney-General [2015] NZHC 1239 : the potential interface of gender and vulnerability in legal contexts / Kate Diesfeld, judgment: Joanna Manning
• Hallagan v Medical Council (HC Wellington civ-2010-485-222, 2 December 2010) : whose choice, whose conscience? / Colin Gavaghan, judgment: Rhonda Powell
• Re W [PPPR] (re Williams[PPPR]) (1993) 11 FRNZ 108 : caring for the pregnant woman / Rosemary Hunter, judgment: Holly Hedley
• Quilter v Attorney General [1997] NZCA 207 : same-sex marriage and the Marriage Act / Wendy Aldred, judgment: Clare Abaffy
• Amoh v Ajoh (Caldwell v Caldwell) [2010] NZFC 48 : the case of the missing woman / Erin Ebborn, Judgment: Ruth Ballantyne
• V v V [2002] NZFLR 1105 : a fair share of the pavlova / Vivienne Crawshaw and Khyati Shah, Judgment: John Adams
• Lankow v Rose [1995] 1 NZLR 277 : property division on the breakdown of a de facto relationship : the search for a just outcome / Nicola Peart and Kyla Mullen, Judgment: Mark Bennett
• Director of Human Rights Proceedings v Goodrum [2002] NZHRRT 13 : the challenge of proving discrimination in the face of bias and gender stereotyping / Sam Bookman and Gayathiri Ganeshan, judgment: Selene Mize
• Air Nelson v C [2011] NZCA 466 : she said, he said, from myth to reality / Annick Masselot, judgment: Jenny Catran and Martha Coleman
• Stephens v Barron [2014] NZCA 82 : should company law principles affect duty of care analysis? / Liesle Theron, judgment: Victoria Stace
• Bruce v Edwards [2002] NZCA 294 : taonga tuku iho, the generational treasure of land / Jacinta Ruru, judgment: Kerensa Johnston and Mariah Hori Te Pa
• Waipapakura v Hempton (1914) 33 NZLR 1065 : whitebait for the people / John Dawson, judgment: Emma Gattey
• Squid Fishery Management Company ltd v Minister of Fisheries (CA39/04, 7 April 2004) : an ecofeminist approach to the impact of fisheries on sea lion mortality / Joanna Mossop, Judgment: Nicola Wheen
• West Coast Ent inc v Buller Coal ltd [2013] NZSC 87 : broadening an ethic of care to recognise responsibility for climate change / Catherine Iorns, Judgment: Estair van Wagner
• R v S [2015] NZHC 801 : reasonable grounds to believe an unconscious woman is consenting? : the relevance of advance consent / Elisabeth McDonald, judgment: Paulette Benton-Greig
• R v Sturm [2004] 1 NZLR 570 : "well, what did you think would happen?" / Cassandra Mudgway, judgment: Sarah Croskery-Hewitt
• Vuletich v R [2010] NZCA 102 : when is sexual violence against adults unusual? : the admissibility of propensity evidence / Elisabeth McDonald, Judgment: Carissa Cross
• Police v Kawiti [2000] 1 NZLR 117 : Kawiti at the centre / Julia Tolmie and Khylee Quince, judgment: Khylee Quince and Julia Tolmie
• R v Wang [1990] 2 NZLR 529 : 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 : the truth about sentencing Maori women : giving context to the meaning of mana wahine / Linda Hasan-Stein and Valmaine Toki, Judgment: Valmaine Toki
• R v Taueki [2005] NZCA 174 : sentencing guidelines for domestic violence : the missing factors / 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

• Volume one. Land law in the legal system
• The doctrine of tenure
• Estates in land
• Equity and equitable estates and interests
• Future interests
• The extent of the landholder's rights
• Title to land
• The land transfer system
• Title by registration
• Caveats
• Volume two. Leasehold estates
• Residential tenancies
• Concurrent interests in land
• Unit titles and cross-leases
• Land as security : mortgages and other charges
• Easements and profits
• Covenants affecting freehold land
• Licences
• Capacity to own and to deal with land

"Principles of Land Law in New Zealand is an abridged, one book version of the highly regarded property resource, Hinde, McMorland & Sim Land Law in New Zealand. Maintaining the reputation of previous editions, Principles of land law in New Zealand offers students and practitioners authoritative commentary on the fundamentals of land law. Since the last edition, titled Principles of Real Property Law, the authors have incorporated significant legislative and case law updates in all chapters, with particular focus on the adaptation of the text throughout to incorporate the Land Transfer Act 2017"-- Back cover

• Introduction
• The pre-modern period of competition law
• The goals of competition law
• Horizontal arrangements : from price-fixing and boycotts to cartel conduct
• Vertical arrangements
• Powerful firms and monopolizing conduct
• The undulating path of merger policy
• Granting immunity : authorisation and "public benefit"
• Enforcement and remedies
• Retrospect and prospect

The modern era of competition law in New Zealand began with the Commerce Act 1986. Since then, a steady and impressive corpus of case law had traversed all the usual major areas of antitrust law: cartels, resale price maintenance, exclusive dealing, tying, group boycotts, monopolization, mergers and acquisitions, exempted sectors, and the role of economic evidence. This volume explains the rationale for the various major reforms, the ongoing contestation between the Harvard and Chicago Schools of antitrust, and traces the developments of key concepts over the last 34 years. This title also explores systemic issues such as how well has New Zealand moulded its own competition law whilst nonetheless selectively drawing upon the policies, case law, and wisdom of foreign jurisdictions; how effectively has it faced the challenge of adapting its fledgling competition law to the reality of being a small, deregulated, open, and distant economy; and how successful was the application of competition law to utilities in the experimental era of 'light handed regulation'. Written by a New Zealand competition expert, this detailed, original, and comprehensive chronicle of New Zealand's competition law and policy draws together the common threads that mark the modern era and offers some predictions about how the next decades of New Zealand competition law might unfold.
(source: Nielsen Book Data)

• Introduction
• The water allocation policy gap 1991-2011
• New Zealand water allocation law and policy after 2011
• Australian water allocation law and policy
• Comparative analysis
• Conclusion

This book analyses water allocation law and policy in New Zealand and offers a comparative analysis with Australia. In New Zealand, it is generally accepted that water allocation law has failed to be adequately addressed and New Zealand is now faced with the problem of over-allocation in many catchments. In comparison, Australia has extensive experience in reforming its water law and policy over the last 20 years. This book provides a comparative and critical analysis of the lessons that New Zealand can learn from the Australian experience and offers guidance for the improvement of water allocation outcomes in New Zealand. Starting with the background of water allocation law and policy in New Zealand, the book traces the evolution of legal policies, including the 1967 Water and Soil Conservation Act and the 1991 Resource Management Act, and examines the role they have played in current water allocation issues. The book situates these findings within global challenges, such as the impact of climate change, and the global scarcity of and increasing demand for freshwater resources. This book will be of great interest to students and scholars researching water law and policy, natural resource management and environmental law more broadly. It will also be of use to policy makers and professionals involved in developing and implementing water allocation laws and policies.
(source: Nielsen Book Data)

Shirley Smith was one of the most remarkable New Zealanders of the 20th century, a woman whose lifelong commitment to social justice, legal reform, gender equality and community service left a profound legacy. She was born in Wellington in1916. While her childhood was clouded by loss - her mother died when she was three months old and her beloved father, lawyer and later Supreme Court Judge David Smith, served overseas during the war - she had a privileged upbringing. She studied classics at Oxford University, where she threw herself into social, cultural and political activities. Despite contracting TB and spending months in a Swiss clinic, she graduated with a good Second and an intellectual and moral education that would guide her through the rest of her life. She returned to New Zealand when war broke out, and taught classics at Victoria and Auckland University Colleges, before marrying eminent economist and public servant Dr W.B. Sutch in 1944, and giving birth to a daughter in 1945. She kept her surname - unusual at the time - and poured her energy into issues of human rights and social causes. She qualified as a lawyer at the age of 40, and in her career of 40 years broke down many barriers, her relationship with the Mongrel Mob epitomising her role as a champion of the marginalised and vulnerable. In 1974, Bill Sutch was arrested and charged with espionage. After a sensational trial he was acquitted by a jury, but the question of his guilt has never been settled in the court of public opinion. Shirley had reached her own political turning point in 1956, with Khrushchev's revelations about Stalin and the Hungarian crisis, but she remained loyal to her husband, and the ongoing controversy weighed heavily on her later years. Shirley Smith: An Examined Life tells the story of a remarkably warm and generous woman, one with a rare gift for frankness, an implacable sense of principle, and a personality of complexity and formidable energy. Her life was shaped by some of the most turbulent currents of the 20th century, and she in turn helped shape her country for the better.
(source: Nielsen Book Data)

• 1 Introduction.- 2 Populating Australasia with Sound Minds.- Part I: New Zealand.- 3 Nation-Building, Agent Generals and Imported Lunatics, New Zealand, 1870 to 1879.- 4 Imbecile Passengers and Commercial Paradoxes, New Zealand, 1880 to 1898.- 5 Deportation, Domicile and Mental Deficiency, New Zealand, 1899 to 1930.- Part II: The Commonwealth of Australia.- 6. The 'Insane' and the White Australia Policy, 1901 to 1912.- 7. Eugenics and Border Control, Australia, 1912 to 1920.- 8 1.
• Effective Border Machinery, Ineffective Mental Equipment, Australia 1920 to 1930.- 9. Conclusion.-.
• (source: Nielsen Book Data)

This book examines the policy and practice of the insanity clauses within the immigration controls of New Zealand and the Commonwealth of Australia. It reveals those charged with operating the legislation to be non-psychiatric gatekeepers who struggled to match its intent. Regardless of the evolution in language and the location at which a migrant's mental suitability was assessed, those with 'inherent mental defects' and 'transient insanity' gained access to these regions. This book accounts for the increased attempts to medicalise border control in response to the widening scope of terminology used for mental illnesses, disabilities and dysfunctions. Such attempts co-existed with the promotion of these regions as 'invalids' paradises' by governments, shipping companies, and non-asylum doctors. Using a bureaucratic lens, this book exposes these paradoxes, and the failings within these nineteenth- and early twentieth-century Australasian nation-state building exercises.
(source: Nielsen Book Data)

• Introduction
• Gathering threads
• Loss
• Little red fan
• Nga tawa
• To Oxford
• Turning 'pink'
• TB
• Leysin
• Bill
• Auckland
• Wife and mother
• London and New York
• 1951
• Law school
• Hungary
• Love from Bill
• Going solo
• Apron strings
• Crusader
• Smoke and mirrors
• A case to answer
• Aftermath
• Widow
• 'Her boys'
• The flood
• Privy Council
• Gods and heroes
• Once more into the breach
• He hau toa.

Shirley Smith was one of the most remarkable New Zealanders of the 20th century, a woman whose lifelong commitment to social justice, legal reform, gender equality and community service left a profound legacy. She was born in Wellington in1916. While her childhood was clouded by loss - her mother died when she was three months old and her beloved father, lawyer and later Supreme Court Judge David Smith, served overseas during the war - she had a privileged upbringing. She studied classics at Oxford University, where she threw herself into social, cultural and political activities. Despite contracting TB and spending months in a Swiss clinic, she graduated with a good Second and an intellectual and moral education that would guide her through the rest of her life. She returned to New Zealand when war broke out, and taught classics at Victoria and Auckland University Colleges, before marrying eminent economist and public servant Dr W.B. Sutch in 1944, and giving birth to a daughter in 1945. She kept her surname - unusual at the time - and poured her energy into issues of human rights and social causes. She qualified as a lawyer at the age of 40, and in her career of 40 years broke down many barriers, her relationship with the Mongrel Mob epitomising her role as a champion of the marginalised and vulnerable. In 1974, Bill Sutch was arrested and charged with espionage. After a sensational trial he was acquitted by a jury, but the question of his guilt has never been settled in the court of public opinion. Shirley had reached her own political turning point in 1956, with Khrushchev's revelations about Stalin and the Hungarian crisis, but she remained loyal to her husband, and the ongoing controversy weighed heavily on her later years. Shirley Smith: An Examined Life tells the story of a remarkably warm and generous woman, one with a rare gift for frankness, an implacable sense of principle, and a personality of complexity and formidable energy. Her life was shaped by some of the most turbulent currents of the 20th century, and she in turn helped shape her country for the better.
(source: Nielsen Book Data)