Early music printing in german-speaking lands

Printing was first established in Mainz, the seat of the archbishop who was the most important of the seven Electors of the Holy Roman Empire and head of the largest ecclesiastical province of that Empire, containing 17,000 clerics who made a perfect market for liturgical books.1 The Council of Basel had ended in 1449 with the imperative to distribute newly reformed liturgical texts across Europe, and music was an integral part of those reformed texts. Although it appeared that the entire international church was behind the adoption of the conciliar reformed Liber Ordinarius, the Council of the Province of Mainz that met in 1451 voted against what was essentially a Roman liturgy, supporting instead a text offered by the archbishop of Mainz.2 Despite the pope’s threat to use military force if necessary, the council ended by sending bishops and abbots back to their homes to create unique reformed diocesan and monastic texts in a giant exercise in textual editing.

Editorial Note

The author provides an editorial note to this this special issue of the Victoria University of Wellington Law Review in honour of Harriette Vine, the Faculty's first woman law graduate. The articles highlight the disparities between women and men in the legal profession, critically analyse aspects of New Zealand law from a feminist perspective, and reflect the impact of gender in judicial decisions or legislation. &nbsp

From "Real Rape" to Real Justice? Reflections on the Efficacy of More Than 35 years of Feminism, Activism and Law Reform

In this article, the author develops her observations made during the 2012 Suffrage Lecture at the University of Otago. Using the lecture as the starting point, the article considers what law reform over more than 35 years has actually achieved, with a specific focus on the admissibility of evidence about a complainant's previous sexual experience in a criminal case involving rape allegations. It concludes that although policy makers and legislators have been responsive to the concerns expressed by complainants about their treatment in the trial process, little real change to that experience has occurred. More fundamental work needs to be done by way of preventative education, challenging rape mythology and developing new processes to resolve allegations of sexual offending. These are the challenges for the next 35 years.&nbsp

Intersex People in Aotearoa New Zealand: The Challenges for Law and Social Policy: Part I: Critiquing Gender Normalising Surgery

In this first of two articles dealing with the current issues facing intersex people in Aotearoa New Zealand, the author focuses on what is seen by community activists as their most pressing concern: ongoing genital normalising surgery on intersex infants. The resolution of this issue sits at the interface of criminal law, medical law and family law, and requires nuanced and careful engagement with competing norms of social policy. The article defines "intersex", as compared to "trans", and considers how infant surgery is currently (under)regulated in spite of local and international calls for reform. The author argues that it is time serious consideration is given to legislative regulation of surgery on intersex infants, following overseas initiatives, including the recent enactment in the Republic of Malta

No Straight Answer: Homophobia as Both an Aggravating and Mitigating Factor in New Zealand Homicide Cases

This article discusses recent New Zealand homicide cases in which male defendants have sought to rely on the partial defence of provocation to excuse the killing of a man who allegedly made them the subject of unwanted sexual advances.  The author argues that at least in cases in which such claims are unsuccessful, reference should be made to section 9(1)(h) of the Sentencing Act 2002, which renders homophobia an aggravating feature in sentencing.  To the extent that section 9(1)(h) is not relied on, while provocation is successfully pleaded in some cases, the author concludes that gay male citizens are not afforded equal protection under the criminal law

Gender Bias and the Law of Evidence: The Link Between Sexuality and Credibility

In sexual assault trials, the credibility of the complainant, or the "primary witness", will often be an issue. Prior to the enactment of section 23A of the Evidence Act 1908, which governs the admissibility of sexual history evidence, the complainant's veracity was often questioned on the basis of her prior sexual experience. Under section 23A, such sexual history evidence must be of "direct relevance" to a fact in issue to be admissible. The concept of relevance and reasonableness also governs the admissibility of "recent complaint" evidence in sexual assault trials, with varying results. This comment examines the concept of relevance in light of two Court of Appeal decisions, and discusses how the link between sexuality and credibility is still being made by New Zealand courts

The Admissibility of "Acquittal Evidence" in Criminal Trials: Toward Reform

Recent case law at appellate level in a number of common law jurisdictions has considered the admissibility of "acquittal evidence" – meaning, in the context of this article, either evidence of a defendant's earlier acquittals or evidence on which the acquittals were based. The author argues that the various rulings have resulted in uncertainty and inconsistency and illustrate the difficulty of establishing a single admissibility rule. After analysing the New Zealand case law, the author examines the relevant sections in the proposed Evidence Code, published by the New Zealand Law Commission in 1999, and she concludes by exploring some alternative legislative and judicial resolution of the issues

Why so Silent on the Right to Silence? Missing Matters in the Review of the Evidence Act 2006

In this article I examine the scope and application of ss 32 and 33 of the Evidence Act 2006 (NZ) with reference to both the historical justification for the right to silence and the legislative history of these provisions. In considering the extent to which the sections do not reflect either the recommendations of the Law Commission in 1999, nor Parliamentary intent, I question why the sections were left out of the Commission's first statutory review of the Act in 2013. I conclude by suggesting that the right to silence should be the subject of informed public debate and raise some possible options for reform

Use of Alternative Ways of Giving Evidence by Vulnerable Witnesses: Current Proposals, Issues and Challenges

Fifteen years after the New Zealand Law Commission rejected pre-trial recording of cross-examination, that proposal is back on the reform agenda. Drawing from research examining comparative pre-trial and trial practices in cases of sexual offending, this article discusses the backdrop to the debate surrounding pre-recording, including the provisions of the Evidence Act 2006 and the approach of the courts to alternative ways of giving evidence. The benefits and drawbacks of pre-trial recording of evidence for adult witnesses are canvassed – including practical, evidential and psychological issues – leading to the conclusion that rather than a presumption in favour of any particular alternative way of giving evidence, close consideration of the individual circumstances of each case is required.&nbsp