Miscarriage by Expert

This article examines the role expert evidence plays in court and some of the risks surrounding such evidence. Through the examination of several tragic cases of miscarriage of justice, this article warns of the dangers of relying unquestionably on expert evidence and calls for a careful consideration of the evidence as each case comes before the courts. The value of good forensic evidence in the investigation and prosecution of crime is nevertheless recognised

The Refugee Convention in the 21st Century

Over the last decade a series of humanitarian crises such as the Syrian conflict has seen an explosion in the number of refugees and internally displaced persons around the world. The resulting unprecedented movement of people has placed a strain on the 1951 Convention relating to the Status of Refugees. This article discusses the operation of the Convention in the 21st century, with a particular focus on the position of women and children. It analyses whether the Convention is adequately protecting the needs of the world's refugees in light of the current crises and other challenges such as climate change. Alternative international initiatives are also discussed.  &nbsp

Human Rights and the Environment

Justice Glazebrook, in this article, addresses the basic questions whether there is a human right to an environment of good quality and whether that right should be part of a Pacific human rights mechanism.  If there is no such right, the question of whether there should be is addressed

Academics and the Supreme Court

Richard Posner laments what he sees as an unfortunate gulf between academia and the courts. To assess whether there is such a gulf in New Zealand, this address analyses the role of academics and judges. It concludes that academics provide valuable insights and assistance to the courts but that their role is much wider, being at its broadest the advancement of knowledge. By contrast, the primary role of judges at all levels is to decide the case in front of them according to law. This means that academics and the judiciary are engaged in different pursuits and, while the roles may converge at times, ultimately the differences must be respected. But there can and should be constructive dialogue. In this regard, the address discusses three areas where the New Zealand Supreme Court has received criticism from academics.&nbsp

What Makes a Leading Case? The Narrow Lens of the Law or a Wider Perspective?

This article suggests that an examination of leading cases should be extended beyond an exploration of the role that a decision has played in settling an area of law. It is also necessary to examine the social and historical implications and underpinnings of a decision. Further, a concentration on leading cases alone is too narrow a focus. The study of the ordinary run of cases can say much about the law and its relationship to society and about wider trends in society. The article illustrates these themes with a discussion of a number of leading cases in New Zealand and also of the work done by the author on criminal cases in Rouen during the French Revolution

Tax as an Instrument of Social Policy

This article reviews the history of tobacco taxation in Aotearoa New Zealand and the gradual transition from the use of the tobacco tax as a revenue raising tool to an instrument of social policy and the consequences of that shift. In particular, the article examines the adverse impact of the present-day iteration of the tobacco tax on Māori and other disadvantaged groups

New Zealand: Country Report on Human Rights

This article provides a country report on the status of human rights in New Zealand. The article covers New Zealand's adherence to the rule of law, culture and language, education system, health system and environmental rights. The authors draw conclusions from each section: New Zealand's commitment to the rule of law is generally strong, albeit with concerns regarding access to justice. Positive developments were undertaken regarding language but disappointing in its indigenous rights. The right to education is generally secure, but some vulnerabilities remain. New Zealand has a generally favourable health services system. Finally, although New Zealand's legal framework does not recognise the right to an environment of a particular quality, the Resource Management Act 1991 provides a strong participatory framework. &nbsp

New Zealand: Country Report on Human Rights

This article provides a country report on the status of human rights in New Zealand. The article covers New Zealand's adherence to the rule of law, culture and language, education system, health system and environmental rights. The authors draw conclusions from each section: New Zealand's commitment to the rule of law is generally strong, albeit with concerns regarding access to justice. Positive developments were undertaken regarding language but disappointing in its indigenous rights. The right to education is generally secure, but some vulnerabilities remain. New Zealand has a generally favourable health services system. Finally, although New Zealand's legal framework does not recognise the right to an environment of a particular quality, the Resource Management Act 1991 provides a strong participatory framework. &nbsp

Contractual Interpretation

This article starts with some general points about the interpretation of contracts, before discussing in more detail the methodology of interpretation and, in particular, the modern purposive approach to interpretation with its greater use of extrinsic aids to interpretation