Past issues

Editor’s Note

Social Justice Courses

—Jayden Houghton

Articles

Holding Corrections to Account and What Happens When We Fail: The Waikeria Prison Protest

—Clair Caird

Still Waiting to Go Dark Nearly 30 Years On: The Privacy Implications of End-to-End Encryption (E2EE)

—Benjamin Christy

The Right to Health and COVID-19: Lessons Learned for the New Health System

—Anita Yiu-Han Chung

Extra-Positive Legal Measures: Returning to First Principles in the Emergency Powers Debate

—Christopher McCardle

How the Framework and Delivery of the Primary Healthcare System Can Be Changed to Combat Māori Health Inequity

—Nicholas Stewart

Outcasts: The Changing Regulation of Sexual Activity between Men in New Zealand c. 1840–1930

—Scott Yang

Hanging off a Cliff Edge: The Case for a Welfare-based Approach for Young Adult Offenders with Care and Protection Backgrounds

—Renee Zhang

Editor’s Note

Teaching Law and Social Justice

—Jayden Houghton

Articles

The Unsexy Truth of Migrant Sex Work in Aotearoa New Zealand: How Repealing s 19 of the Prostitution Reform Act 2003 Would Make a More Equitable Sex Work Industry

—Reilly Polaschek

Jihadi Bride or Imperfect Victim? Assessing Responses to Returning ISIL Members through a Feminist Lens

—Ella Shepherd

Protection for Patients in the Quiet Room: A Rights-based Review of New Zealand’s Mental Health Law on Seclusion

—Hye-Song Goo

To Gene or Not to Gene: Genetic Privacy Implications in the Age of Big Data

—Gauri Prabhakar

Economic Neocolonialism and Free Trade in the Pacific

—Sophie Shrimpton

The Advertising Standards Authority and the Self-Regulation of Misleading Political Advertising on Social Media: The Need for a Stricter Approach to Protect Aotearoa New Zealand’s Democracy

—Maisy Bentley

Legislative Recognition of the Human Right to Accessible Housing in Aotearoa New Zealand

—Ben Stewart

Baigent Damages for Breaches of Natural Justice

—Eva McRae

He Mokopuna He Tupuna: Exploring the Rights of Māori Children to te Reo Māori through the Oranga Mokopuna Framework

—Etienne Wain

Editor’s Note

The Public Interest Law Paper

—Jayden Houghton

Articles

The State of Public Interest Law in Aotearoa New Zealand

—Equal Justice Project (Pro Bono Team)

Not My Language, Not My Problem: The Relegation of Pacific Languages to the Private Sphere

—Katherine Werry

The Road to Realising Modern Vehicular Responsibility: How Should New Zealand Respond to Criminal Liability Issues Related to Driverless Vehicles?

—Keeha Oh

Transability in New Zealand

—Liam Dalton

Deductibility of Holding Costs for Privately Used Land Taxable on Sale

—Jillin Yan

Digital Strip Search: Privacy Concerns Arising from the Electronic Device Search Provision in the Customs and Excise Act 2018

—Winnie Chau

When Silence Isn’t Golden: How the Silencing Effect of Speech Provides Justification for Hate Speech Regulation

—Katherine Werry

The Admission of Risk Assessment Tools’ Results in Cases Where a Primary Victim Uses Lethal Force in Self-Defence

—Rebecca Scoggins

The Adoption Act 1955: The Statutory Guillotine from Tikanga and Whakapapa

—Jessica Macdonald and Madeleine Story

Editors’ Note

Public Interest Law and Legal Education

—Jayden Houghton and Michelle Chen

Articles

Aotearoa, the Land of the “Long Tail”: Exploring How Pasifika Students are Underserved by the Education System through School Disciplinary Removals

—Ana Kathrin Maquiso 

Reconciling Traditional Forms of Māori Governance with Models of Western Corporate Governance

—Jade Newton

The Therapeutic Potential of Mental Health Law

—Roxanne Pope

Evolution of Vicarious Liability: How the Independent Contractor Defence was Lost

—Yiqiang Shao

Disempowered to Disenfranchised: An Intersectional Legal Analysis of the Discriminatory Effects of Prisoner Disenfranchisement on Māori (Women)

—Rosa Gavey

To Dismiss, or Not to Dismiss?

—Aaron Kirkpatrick

The Monkey Selfie, Artificial Intelligence and Authorship in Copyright: the Limits of Human Rights

—Phuoc Nguyen

The Case for Reform: A Right to (Access-Based) Privacy in the New Zealand Bill of Rights Act 199

—Jae Kim 

Reconciliation and Self-Determination: Incorporating Indigenous Worldviews on the Environment into Non-Indigenous Legal Systems

—Nopera Isaac Dennis-McCarthy

The Protection of Mātauranga Māori Associated with Taonga Species

—Yao Dong

Editor’s Note

The Public Interest Flame

—Jayden Houghton

Articles

Is “Defensive Practice” Defensible? Chilling Effects and Responsible Administration with Regard to Public Authority Negligence Claims in New Zealand

— Louis Norton

Surgical Intervention on Intersex Infants: Legal Issues and Recommendations for New Zealand

—Emily McGeorge

“Something Weird”: An Examination of Parliamentary Involvement in New Zealand’s Treaty-making Process

—Thomas Riley

Taking the Islamic State of Iraq and Syria (ISIS) to Court: Prosecuting ISIS’s Crimes in Iraq and Syria

—Lourenzo Fernandez

Not Sold on the Housing Accords and Special Housing Areas Act 2013: How Housing Legislation in New Zealand Ignores our Pacific People on the Peripheries

—Lola Gorrell

Acts, Omissions, and the Doctrine of Double Effect: The Law and Ethics of End-of-Life Choice in New Zealand and the United Kingdom

—Hannah Yang 

Adjournment for Restorative Justice Process in Certain Cases: Is Domestic Violence an Appropriate Case?

—Ling Ye

“Would Not Normally Legislate”: Brexit and Conventions

—Aaron Kirkpatrick

[Re]Location, [Re]Location, [Re]Location: Considering the Relocation of the Non-Applicant Parent alongside the Child and Applicant Parent in a Relocation Dispute

—Elizabeth Murray

Editor’s Note

The Public Interest Law Firm

—Jayden Houghton

Articles

Reasonable Accommodation: Equal Education for Learners with Disabilities

—Rebecca McMenamin

Moral Panic: The Weatherston Trial and the Demise of the Provocation Defence

—Shontelle Grimberg

Two Birds with One Stone: A Legal Obligation to Compensate Host States for the Burden Associated with a Mass Influx of Refugees

—Michael A Greenop

A Get-Out-of-Jail-Free Card: Discharge Without Conviction in New Zealand

—Dennis Dow

Property or Not? Digital Files under the Criminal Law

—Katherine Hu 

Sugar Rush: Worldwide Momentum Toward the Taxation of Sweet Drinks and Implications for New Zealand

—Kate Roberts-Gray 

Private Parts: An Interrogation of Private Property Rights in Cadaveric Organs

—Christopher Smol 

Catching Corporate Human Rights Abuse Abroad: A Wider Net of Extraterritorial Laws

—Sally Wu 

Editors’ Note

The Auspices of Public Interest Law

—Jayden Houghton and Marcelo Rodriguez Ferrere

Articles

Customary Law and Violence Against Women: Where to From Here?

—Camille Wrightson

Gender Trouble in the Human Rights Act 1993

—Samuel Campbell 

The Person Who Really Loves Me Will Be the One Who Helps Me Die: A Critique of Seales v Attorney-General

—Louise Grey 

All for One and One for All: Class Action Litigation and Arbitration in New Zealand

—Rachel Dunning

In the Bonds of Trust We Meet: A Comparison of the United States Doctrine of Trust Responsibility and a Crown-Māori Fiduciary Relationship

—Emma Hensman

The Myth of Cession: Public Law Textbooks and the Treaty of Waitangi

—Emily Blincoe

Criminal Minds: A Therapeutic Jurisprudence Perspective on Neurodisability and the Criminal Justice System

—Charlotte Best 

What’s in a Name? The Calculated Divergence of Rhetoric, Reality and Text in New Zealand’s Foreign Fighter Legislation

—Selwyn Fraser

Prosecution of Cultural Heritage Destruction: Framework, Precedents and Recent Developments in International Criminal Law

—Emily McGeorge 

Editor’s Note

Defining Public Interest Law

—Jayden Houghton

Articles

The New Two-Year Income Tax Bright-line Rule

—Jack Alexander

Rape Myths and Invisible Crime: The Use of Actuarial Tools to Predict Sexual Recidivism

—Anna Chalton

High Hopes, Disappointing Reality: Implementing the Convention on the Rights of Persons with Disabilities When the Going Gets Tough

—Erin Gough 

Is a Judicial Discretion Needed to Soften the “All or Nothing” Nature of the Doctrine of Frustration?

—Blake Carey

Public Law Ramifications of the Copyright (Infringing File Sharing) Amendment Act 2011

—Oliver Sutton

No Soul to Damn? Revisiting the Case for Corporate Manslaughter in New Zealand

—Mitchell Spence

Privacy Law in the Abortion Context

—Sarah Alawi 

Reconciling the Clash: A Comparison of the Australian and Canadian Legal Approaches to Burdening Indigenous Hunting Rights

—Alice Sowry

Exploring Constitutional Legitimacy

—Aishwarya S Bagchi

Foreword

Foreword

—Sian Elias

Editor’s Note

Conceptions of Public Interest Law

—Jayden Houghton

Articles

Fisheries, Forests, and the Common Heritage of Mankind

—Andrew Pullar 

Non-Governmental Organisations and International Environmental Law: The Search for Legitimacy

—Joy Twemlow

Downsizing Rights: Why the “Minimum Core” Concept in International Human Rights Law Should be Abandoned

—Max Harris

No Learner Left Behind: Is New Zealand Meeting its Obligations under Article 24 of the United Nations Convention on the Rights of Persons with Disabilities?

—Philipa Moran

The United Nations Declaration on the Rights of Indigenous Peoples: A Step Forward or Two Back?

—Laura MacKay

Matrimonial Property Rights on Indian Reserves and Māori Land: A Comparative Study

—Hannah Cobb

Sentencing the Silent: Children’s Rights and the Dilemma of Maternal Imprisonment

—Annaliese Johnston

Violent Girls and the Youth Justice System: Why Current Systems are Failing this At-Risk Population

—Charlotte Best

Does the Gillick Competency Test Apply in New Zealand Given the Special Nature of Sexual Health Care Services?

—Chantelle Murley 

An Analysis of New Zealand’s Abortion Law System and a Guide to Reform

—Hugo Farmer

Balancing Rights on a Knife Edge: The Legality of Non-Therapeutic Male Circumcision

—Phoebe Harrop 

Is There a Legal Right to Pain Relief in New Zealand?

—Philip Arnold