Feminist Judgments of Aotearoa New Zealand: Te Rino: A Two-Stranded Rope available in Hardcover, Paperback, eBook
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Feminist Judgments of Aotearoa New Zealand: Te Rino: A Two-Stranded Rope
- ISBN-10:
- 1509909710
- ISBN-13:
- 9781509909711
- Pub. Date:
- 11/30/2017
- Publisher:
- Bloomsbury Academic
- ISBN-10:
- 1509909710
- ISBN-13:
- 9781509909711
- Pub. Date:
- 11/30/2017
- Publisher:
- Bloomsbury Academic
![Feminist Judgments of Aotearoa New Zealand: Te Rino: A Two-Stranded Rope](http://img.images-bn.com/static/redesign/srcs/images/grey-box.png?v11.8.5)
Feminist Judgments of Aotearoa New Zealand: Te Rino: A Two-Stranded Rope
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$175.00Overview
'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
Product Details
ISBN-13: | 9781509909711 |
---|---|
Publisher: | Bloomsbury Academic |
Publication date: | 11/30/2017 |
Pages: | 576 |
Product dimensions: | 6.69(w) x 9.61(h) x 1.25(d) |
About the Author
Elisabeth McDonald is Professor of Law at University of Canterbury, New Zealand.
Rhonda Powell is Senior Lecturer in Law at University of Canterbury, New Zealand.
Mamari Stephens is Senior Lecturer in Law at Victoria University of Wellington, New Zealand.
Rosemary Hunter is Professor of Law and Socio-Legal Studies at Queen Mary University of London.
Table of Contents
Foreword Hon Justice Susan Glazebrook Judge Caren Fox v
Preface ix
Acknowledgements xi
Notes on Contributors xvii
Glossary xxi
Part I Introducing Te Rino: The Feminist Judgments Project Aotearoa
1 Ko Nga Muka o Te Rino: Threads of the Two-Stranded Rope Rhonda Powell Elisabeth McDonald Mamari Stephens Rosemary Hunter 3
2 Law in Aotearoa New Zealand Mamari Stephens Rhonda Powell 15
3 Introducing the Feminist and Mana Wahine Judgments Rosemary Hunter Mamari Stephens Elisabeth McDonald Rhonda Powell 25
Part II Rights, Equality and Relationality
Civil Rights
4 Taylor v Attorney-General [2015] NZHC 1706 Commentary: Disengaging the Disengaged Margaret Wilson Julia Amua Whaipooti 53
Judgment Mihiata Pirini Lisa Yarwood 62
5 Brooker v Police [2007] NZSC 307 Commentary: Rights Balancing Rejected Ursula Cheer 73
Judgment Janet McLean 79
Social Welfare
6 Ruka v Department of Social Welfare [1997] 1 NZLR 154 Commentary: Defining a Relationship for the Purposes of State Support Catriona MacLennan 87
Judgment Mamari Stephens 94
7 Lawson v Housing New Zealand [1997] 2 NZLR 474 Commentary: State Housing, Market Rents and Families Facing Eviction Dean R Knight 103
Judgment Natalie Baird 111
Medical Decisions
8 Scales v Attorney General [2015] NZHC 1239 Commentary: The Potential Interface of Gender and Vulnerability in Legal Contexts Kate Diesfeld 125
Judgment Joanna Manning 134
9 Hallagan v Medical Council of New Zealand HC Wellington CIV-2010-485-222, 2 December 2010 Commentary: Whose Choice, Whose Conscience? Colin Gavaghan 143
Judgment Rhonda Powell 151
10 Re W [PPPR] ('Re Williams[PPPR]') (1993) 11 FRNZ 108 Commentary: Caring for the Pregnant Woman Rosemary Hunter 171
Judgment Holly Hedley 177
Family Relationships
11 Quitter v Attorney-General [1997] NZCA 207 Commentary: Same-Sex Marriage and the Marriage Act Wendy Aldred 187
Judgment Clare Abaffy 193
12 AMO'H v AJO'H ('Caldwell v Caldwell') [2010] NZFC 48 Commentary: The Case of the Missing Woman Erin Ebbortt 205
Judgment Ruth Ballantyne 211
Relationship Property
13 V v V [2002] NZFLR 1105 Commentary: A Fair Share of the Pavlova? Vivienne Crawshaw Khyati Shah 225
Judgment John Adams 234
14 Lankow v Rose [1995] 1 NZLR 277 Commentary: Property Division on the Breakdown of a De Facto Relationship Nicola Peart Kyla Mullen 245
Judgment Mark Bennett 252
Employment
15 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 Sam Bookman 265
Judgment Selene Mize 271
16 Air Nelson Limited v C [2011] NZCA 466 Commentary: She Said, He Said Annick Masselot 287
Judgment Jenny Catran Martha Coleman 294
Commercial Relationships
17 Stephens v Barron [2014] NZCA 82 Commentary: Should Company Law Principles Affect Duty of Care Analysis? Liesle Theron 309
Judgment Victoria Stace 316
Part III Land and Natural Resources
Customary Rights
18 Bruce v Edwards [2002] NZCA 294 Commentary Taonga Tuku Iho: Jacinta, Ruru 329
Judgment Kerensa Johnston Mariah Hori Te Pa 336
19 Waipapakura v Hempton (1914) 33 NZLR 1065 Commentary: Whitebait for the People John Dawson 347
Judgment Emma Gattey 354
Environment
20 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 363
Judgment Nicola Wheen 370
21 West Coast ENT Inc v Butter Coal Ltd [2013] NZSC 87 Commentary: Broadening an Ethic of Care to Recognise Responsibility for Climate Change Catherine Iorns 389
Judgment Estair van Wagner 398
Part IV Crime
Sexual Offending
22 R v S [2015] NZHC 801 Commentary: Reasonable Grounds to Believe an Unconscious Woman is Consenting? Elisabeth McDonald 425
Judgment Paulette Benton-Greig 432
23 R v Sturm [2004] 1 NZLR 570 Commentary: 'Well, What Did You Think Would Happen?' Cassandra Mudgway 447
Judgment Sarah Croskery-Hewitt 455
24 Vuletich v R [2010] NZCA 102 Commentary: When is Sexual Violence Against Adults Unusual? Elisabeth McDonald 463
Judgment Carissa Cross 469
Defences
25 Police v Kawiti [2000] 1 NZLR 117 Commentary: Kawiti at the Centre Julia Tolmie Khylee Quince 481
Judgment Khylee Quince Julia Tolmie 489
26 R v Wang [1990] 2 NZLR 529 Commentary: Finding a Plausible and Credible Narrative of Self-Defence Lexie Kirkconnell-Kawana Alarna Sharratt 497
Judgment Brenda Midson 504
Sentencing
27 R v Shashana Lee Te Tomo [2012] NZHC 71 Commentary: The Truth About Sentencing Maori Women Linda Hasan-Stein Valmaine Toki 513
Judgment Valmaine Toki 522
28 R v Taueki [2005] NZCA 174 Commentary: Sentencing Guidelines for Domestic Violence Yvette Tinsley 531
Judgment Frances Gourlay 539