On this page:
- Privacy laws no longer lost in translation
- Open house a full house
- Head tutor series—introducing Joshua Aird
- Launch of new Māori resource
- Professor of Law appointed Queen’s Counsel
- Losing the summer for the love of law (and Wellington!)
- 800 years of Magna Carta
- International discussions on international intellectual property and trade
- New book on global intellectual property issues
- Capital 150 - Victoria University Open House at Old Government Buildings
- Head tutor series—introducing Sophie Davis
- The possibilities of law
- In the news
- Head tutor series—introducing Luke Archer
- Indigenous Law Speaker Series 2015
- Head tutor series—introducing Richard Taylor
- From Switzerland to New Zealand
- Deconstructing Climate Change
- Funding makes continued research on Native Land Court possible
- EC Adams prize-winner
- Law students contribute to prestigious international research project
- Overlooked law requires rentals to be free of dampness
- Bilateral arbitration treaty and Rainbow Warrior focus for Visiting Research Fellow
- Law Faculty News - March 2015 edition
- Longest serving female academic in Faculty recognised
- Strengthening Polish-Kiwi connections
- Two new LAWS electives added to 2015
- Successful launch for the 2015 Wellington Community Justice Project
- Victoria team wins Red Cross International Law Moot in Hong Kong
- Austrians bring research down under
- "New Zealand's Defective Law on Climate Change"
- New lecturer joins Faculty
- Town and Gown for summer
- Law students enter mediation competition in Paris
- Law Faculty News - January 2015 edition
- SUNY Buffalo Law School visit
- Dean Knight's PhD
4 August 2015
Chinese legal experts will be able to get a better insight into privacy laws in the Commonwealth and how they affect the media thanks to a collaboration between a visiting researcher and Victoria Faculty of Law Associate Professor Nicole Moreham.
Dr Lina Zhou, an associate professor at the Communication University of China in Beijing is translating the third edition of The Law of Privacy and the Media, co-edited by Nicole and English High Court judge, Sir Mark Warby.
The book covers all aspects of the English law of privacy that affects the media, including the misuse of private information, breach of confidence, harassment, eavesdropping, data protection legislation and copyright. Its main focus is the law of England and Wales but it also contains sections of New Zealand, Australian, Canadian, US, South African, French, and German law and on the protection of privacy in international instruments.
“The new edition responds to the continuing expansion of the law of privacy—it has nearly 250 new cases in it—and to public interest events such as the phone hacking scandal in the UK. It also has a new chapter of the law relating to ‘new media’, such as blogs and social networking sites,” says Nicole.
Nicole says Lina approached her about translating the second edition but with the third edition due to be published by Oxford University Press in January 2016, she was able to offer Lina the text for the third edition instead. The translated version is expected to be published by the China University of Political Science and Law (CUPL) Press in early 2017.
Lina says her interest in privacy protection in the UK was sparked by the phone hacking scandal, which erupted while she was doing her doctoral thesis on media intrusion to privacy.
“I realised that compared to lots of research available in China on US privacy, there was very little about the English approach. When I came across Dr Moreham’s research I became increasingly interested in translating her leading privacy work into Chinese.”
Currently in the midst of translating the book’s 800 pages, Lina admits she has a huge and demanding task ahead. She is expecting the project to take over 12 months.
“Irrespective of the hundreds of pages of text I need to translate, the differences in legal systems, philosophy and cultures will be a challenge. But with China and the rest of the world facing the same problems with privacy, big data, the internet and new media, I am encouraged to do the job well,” says Lina.
“The book will fill in the blanks around privacy protection in England and the Commonealth and will provide new and useful information for Chinese scholars and students.”
30 July 2015More than 6,000 people came through the Old Government Buildings open house during the Capital 150 celebrations on 25-26 July.
Alongside events and exhibits showcasing Victoria’s contribution to the capital, visitors were able to enjoy a tour of the building and a two day ‘tea break’ thanks to the Department of Conservation and inspect the beautiful vintage cars parked outside.
Faculty of Law Distinguished Fellow Sir Geoffrey Palmer’s public lecture on how Wellington became the capital drew a capacity crowd and delved into many of the details discussed in the Dominion Post’s Flashback feature, Happy birthday Wellington, 150 years as a capital city.
Across the city, Wellingtonians came out in their thousands as over 30 of the capital’s institutions opened their doors. At Victoria University’s open house at the National Library, budding young science, engineering, and design enthusiasts flocked to build robots and try out virtual reality headsets. At Parliament, performances by Te Kōkī New Zealand School of Music students also drew large crowds.
30 July 2015Originally from the far north, Joshua Aird’s fascination with the law and politics brought him to the nation’s capital. He is Head Tutor for Public Law (LAWS 213) and will graduate at the end of this year.
I'm also interested in pursuing some postgraduate study at some stage.
I'm also interested in pursuing some postgraduate study at some stage.
28 July 2015
Māori Language Week is being marked by Victoria University of Wellington’s Faculty of Law with the launch of a new bilingual tool unlike anything else produced in New Zealand.
The Legal Māori Resource Hub allows online users such as practitioners, translators, scholars, researchers and other interested people from any discipline, to browse contemporary and historical Māori language texts, look up word meanings, and test new or old Māori words against an enormous document bank.
All of these functions are made available on a user-friendly interface.The Hub is home to three main resources:
- an online version of He Papakupu Reo Ture—a Dictionary of Māori Legal Terms
- the legal Māori corpus comprising thousands of pages of Māori language text dating as far back as the 1830s
- a corpus browser which allows the user to conduct in-depth and tailored searches of the corpus texts
With these resources the Hub lets anyone explore the specific use of thousands of Māori terms in their historical context within thousands of pages of selectable and browsable texts.
This kind of coordinated and comprehensive search tool has not been publicly and easily available in New Zealand before.
The Hub is the latest output of Te Kaupapa Reo-a-Ture (the Legal Māori Project), released in association with the New Zealand Law Foundation, Victoria’s Office of Deputy Vice-Chancellor (Māori) and staff and students at Victoria’s Faculty of Law.
Māmari Stephens, one of the co-leaders of the Project (nō Te Rarawa me Ngāti Pākehā), says: “It is a great feeling to finally be able to make these resources available free to the public, and we hope the Hub can spark ideas for other language initiatives, not only for New Zealand, but beyond.”
The Legal Māori Resource Hub is available at: http://www.legalMāori.net/
27 July 2015
Professor Richard Boast from Victoria’s Faculty of Law is one of three lawyers to be appointed Queen’s Counsel this year.
The appointments of Margaret Casey and Victoria alumnus Mark O’Brien alongside Professor Boast were announced on Friday by Attorney-General Christopher Finlayson QC.
“The appointment to the rank of Queen’s Counsel recognises independent advocates who have excelled at the highest level of law,” says Mr Finlayson.
“The appointment of three Queen’s Counsel this year marks a return to more typical appointment numbers after two years of increased numbers due to the absence of appointments from 2008 to 2012.
“Of particular note is the appointment of Richard Boast who has been appointed under the Royal prerogative in recognition of his extraordinary contribution to the law and in particular the legal history of New Zealand,” Mr Finlayson said.
Appointments of Queen’s Counsel are made by the Governor-General on the recommendation of the Attorney-General and with the concurrence of the Chief Justice.
Professor Boast graduated with a Master of Arts from Waikato University and a Master of Laws from Victoria. He was admitted to the Bar in 1979.
He specialises in property law and Maori legal issues and legal history. He has also authored or co-authored various books and articles in the areas of natural resources law, New Zealand legal history and the law relating to the Treaty of Waitangi.
23 July 2015
Leaving a hard-earned summer in Toronto is one of the only pangs Estair Van Wagner has experienced since moving to Wellington with her young family to take up a lectureship at Victoria University’s Faculty of Law.
An expert in property and land use law, Estair is teaching LAWS 301 Property Law and LAWS 318 Resource Management Law. She is also completing her doctorate from Osgoode Hall Law School, looking at the role of participation in land use and environmental decision-making.
Estair completed her studies in political science, law, and environmental studies in Canada before serving as a judicial law clerk at the Ontario Superior Court of Justice. She then worked as a labour and human rights lawyer, an academic researcher, and a political advisor at the local and federal levels in Canada.
She believes Canadians feel a natural affinity with New Zealand and that there are many areas of the law in which we look to each other.
“I think this is particularly true in terms of environmental law, natural resource management and the rights of indigenous peoples, all areas of particular interest to me as a researcher, a lawyer, and a human being.”
Estair says the decision to move to Wellington was an easy one.
“We visited New Zealand in 2013 and it was one of our favourite places on the trip—my partner and I actually turned to each other riding up the cable car and said, ‘how could we live here?’. When the posting came up for a Property Law position at Victoria, we jumped at the chance to make it happen.”
As she looked further into Victoria’s Law School, Estair was impressed at the support for research and the strength of the faculty in a variety of areas of law and policy.
“It was clear that this research-supportive environment would be a wonderful place to be an early career academic and I was delighted to have the opportunity to teach in my areas of interest.”
Since moving to Wellington Estair says she and her family have been struck by how warm, welcoming and generous her new colleagues have been. Now that they are here they continue to be amazed at how kind and helpful everyone is in Wellington.
“We knew from our visit that it is a beautiful city, but now that we have had the chance to explore many more areas we can’t believe our luck! We love the small size of the city and the access to the outdoors. Of course, being Canadian we also love this version of winter that never dips below zero!”
1 July 2015
The following commentary is provided by Dr Carwyn Jones (Ngāti Kahungunu and Te Aitanga-a-Māhaki), a senior lecturer at Victoria University of Wellington’s Faculty of Law.
Last week marked 800 years since King John was forced by a group of barons at Runnymede to accept some constraints on his authority and affix his seal to the document that became known as Magna Carta.
In the eight centuries since then, Magna Carta has been invoked as a symbol of liberty and justice by champions of human rights such as Nelson Mandela, Mahatma Gandhi and Martin Luther King. It has been used to establish pillars of the criminal justice system such as trials by jury and the writ of habeas corpus—that prevents people being held in custody indefinitely without being brought before a court to determine whether their detention is lawful.
Last week our MPs celebrated the anniversary of the Great Charter, venerating it for “paving the road to modern democracy” and forming “the foundation stone of the freedoms and liberties we now enjoy in New Zealand.” Bold claims. This Magna Carta thing must be important.
And indeed it is. But not just because it is very old. We should remember as we celebrate this significant anniversary that the importance of Magna Carta is not to be found in a single moment of time in 1215. In fact, quite a lot of the original document relates quite specifically to the time it was signed and deals with concerns that are peculiar to medieval England. That does not mean that Magna Carta is not relevant to us in New Zealand in the twenty-first century, but simply that, as a former Dean of Harvard Law School once noted, “Magna Carta is not primarily significant for what it was but rather for what it was made to be”. The importance of Magna Carta comes from the life that we give to its principles.
Some core principles of Magna Carta remain very important to our law and constitution. What is probably the most famous clause of Magna Carta is still on the statute books in New Zealand. It states:
NO freeman shall be taken or imprisoned, or be disseised of his freehold, or liberties, or free customs, or be outlawed, or exiled, or any other wise destroyed; nor will we not pass upon him, nor condemn him, but by lawful judgment of his peers, or by the law of the land. We will sell to no man, we will not deny or defer to any man either justice or right.
Though only a few short lines, there is a lot in this clause and even more that has been extrapolated from it. But perhaps most importantly it sets out a principle of equality before the law. It makes clear that every person is entitled to justice and to have his or her rights recognised and that the law will apply equally to all without exception.
This principle of equality before the law can be seen reflected in virtually all of the instruments we would see as being foundational to our understanding of human rights today—the Bill of Rights of 1689 in Britain, the Declaration of the Rights of Man and the Citizen of 1789 in France, the US Bill of Rights of 1791, and, more recently, the Universal Declaration of Human Rights adopted by the United Nations General Assembly in 1948.
Magna Carta stands as a powerful symbol for the principles of justice and equality that underpin modern human rights. The challenge of Magna Carta is to ensure that our society adheres to those principles, no matter what issues we confront. If a casino is granted permission to operate more pokie machines in exchange for building a convention centre, is that equality before the law? If our security services are indiscriminate in the way they collect data about electronic communications, are we free from arbitrary exercise of state power? If we truly want to celebrate Magna Carta, these are the kinds of questions we should be asking. Because the value of Magna Carta comes not from Runnymede in 1215 but from how we choose to give life to its principles today.
30 June 2015Professor Susy Frankel recently travelled to Indonesia, Germany, Switzerland and Singapore to present at forums on international intellectual property and trade.
The first forum in Jakarta brought together the New Zealand Centre of International Economic Law (NZCIEL) and the Universitas Pelita Harapan’s Center for International Trade and Investment (UPH CITI) to co-host a focus group discussion, during which Professor Frankel—as Director of the NZCIEL—was one of three guest speakers.
The invitation from UPH CITI—which is funded by the World Trade Organization—came from Victoria PhD graduate Michelle Limenta who was a post-doctoral research fellow of NZCIEL.
“This forum was the first opportunity to create a link between the two centres and to meet and share our knowledge,” says Professor Frankel.
The focus group was a platform for Indonesian regulators, practitioners, academics and other interested parties to discuss the protection of traditional knowledge and genetic resources.
“Indonesia is one of the most biodiverse countries in the world and one that faces huge issues with protecting cultural identity. New Zealand has considerable experience and knowledge to share in this area.”
Professor Frankel then travelled to Bonn where she spoke on copyright regulation to the ALAI International Congress. ALAI is Association Littéraire et Artistique International, which was founded in Paris in 1878 by Victor Hugo.
From Bonn she travelled to Geneva where she spoke as an independent expert to the World Intellectual Property Organization (WIPO). Her lecture opened a two-day programme of discussion with delegates and indigenous peoples relating to negotiations on treaties for the protection of traditional knowledge, traditional cultural expressions and genetic resources.
Professor Frankel’s lecture framed the key tools used in protecting intellectual property across borders and how that could relate to protecting—and stopping the misappropriation of—traditional knowledge across borders.
“Internationally, there is a concern about how intellectual property law interferes with, or inadequately protects, traditional knowledge and trans-border issues are particularly complex” says Professor Frankel.
“As trade increases globally, more indigenous or local communities are seeking to protect their cultural assets and to gain benefits from people from international trade that exploits such assets.”
On her return to New Zealand, Professor Frankel participated in a roundtable discussion “Regional Economic Integration in Asia: Trade, Intellectual Assets, and Geopolitics” at the Singapore Management University, School of Law’s Applied Research Centre for Intellectual Assets and the Law in Asia.
30 June 2015
Professor Frankel's latest book “Test Tubes for Global Intellectual Property Issues: The Small Market Economy” was published last week by Cambridge University Press.
Small market economies provide a valuable insight into how a country might balance competing interests in global intellectual property. As developed countries that are also net-importers of intellectual property, small market economies have similar concerns to some developing countries. This duality of developed and developing country interests has resulted in some innovative ways of calibrating laws so that they both support national economic and social needs and honour international commitments.
In this book, Professor Frankel uses examples from the small market economies of Singapore, New Zealand and Israel to address global intellectual property issues. Those issues include approaching treaty interpretation to assist both in implementation of obligations, utilisation of flexibilities and effective dispute resolution, the links between trade and innovation, when and how patent and copyright law can be flexible, the importance of trade marks to small businesses, parallel importing, and the protection of traditional knowledge.
“Test Tubes for Global Intellectual Property Issues: The Small Market Economy”is available through www.cambridge.org
30 June 2015
Victoria University is joining the capital’s 150th birthday celebrations with a weekend of events on 25-26 July.
A programme of public lectures, performances, debates and exhibitions will give visitors to the Old Government Buildings a taste of Victoria’s contribution to the capital city.
Events include a public lecture from former Prime Minister Sir Geoffrey Palmer on why Wellington was chosen as the capital; a talk on George von Zedlitz, one of Victoria University’s founding professors; poetry readings; theatrical performances and displays.
The Department of Conservation>will also be hosting a “two-day tea break” at the Old Government Buildings
Elsewhere in the capital, Victoria University will also be contributing to 150 celebrations.
At the National Library, science, engineering, architecture and design experts will showcase some of their innovative projects, from 3D printing capabilities to the architecture of the future.
At Parliament, Te Kōkī New Zealand School of Music students will be performing in the Parliament Banquet Hall and in the West Foyer.
23 June 2015
23 June 2015
Judge Carrie Wainwright was the guest speaker at our May graduation ceremony.
As part of her address, she tells the graduates to enjoy the thought of the possibilities that comes with having a law degree.
2 June 2015
May was a newsworthy month for the Faculty with academics and fellows hitting the airwaves on a range of different topics.
Lecturer Bevan Marten demonstrated the breadth of his expertise–speaking to Radio New Zealand’s Bryan Crump about 19th century sailing ships, shipwrecks, abandoned seafarers and vessels in distress (listen here) and to Fair Go about the Master Build guarantee and insurance law (view it here).
Distinguished Fellow Sir Geoffrey Palmer featured on TVNZ’s Sunday programme discussing his former colleague’s fight for the right to die on her own terms (view it here). Sir Geoffrey worked with Lecretia Seales both at the Law Commission and in private practice, and describes her as a “law reformer par extraordinaire”.
The New Zealand Centre for International Economic Law’s Inaugural Senior Visiting Research Fellow Gary Born attracted a wide range of media attention when he visited in early May. This included speaking to Brian Fallow, the New Zealand Herald’s Economics Editor (read his opinion piece here) and appearing on Radio New Zealand’s Sunday programme (listen here).
26 May 2015
Any other highlights?
1 May 2015
The Māori Law Review begins its third annual Indigenous Law Speaker Series in May, after the encouraging response from both contributors and audience members.
Dr Carwyn Jones, co-editor of the Māori Law Review, has been thrilled with the range of contributors over the last two years—judges, visiting academics, established and emerging lawyers and legal scholars.
“The Indigenous Law Speaker Series is an opportunity to engage students, faculty members, and practitioners in discussions about current legal issues affecting Māori or other indigenous peoples.”
This year’s series kicks off on 7 May with Horiana Irwin-Easthope and Natalie Coates, two young Māori lawyers who have both completed post-graduate study at Harvard and are now working at a firm which explicitly aims to support the advancement of the Māori economy and the future wellbeing of Māori.
Horiana (Ngāti Porou, Ngāti Kahungunu, Rakaipaaka) and Natalie (Ngāti Awa, Ngāti Hine, Ngāti Tūwharetoa (ki Kawerau), Tūhourangi, Tūhoe) will present "Ko te manu e kai ana I te mātauranga—nōnā te ao: overseas postgraduate reflections".
“I expect this will be an inspiring session to start our 2015 series,” says Dr Jones.
On 21 May, Paul Beverley from Buddle Findlay will speak, followed by JD Stout Fellow Kim Workman on 28 May.
The speaker series runs on Thursday 7, 21, 28 May from 11.30am–12.30pm
Moot Room GB340, Faculty of Law, Government Buildings
RSVP to toni.love@Māorilawreview.co.nz
For more information see http://maorilawreview.co.nz/community
30 April 2015
Richard Taylor is Head Tutor for Property Law (Laws 301). He came to New Zealand from Canada in the mid-90s to work as a teacher for a year or two, but Aotearoa has now become home for him and his family. He decided to study law because he wanted a new intellectual challenge, and describes it as one of the best decisions he’s ever made.
What have been the highlights during your time at the Faculty of Law?
I have loved my time here—it has given me a new lease on life, so to speak (and as Head Property Law tutor I now understand a little about how leases actually work, in a legal sense!).
In terms of highlights, being a tutor has been great as it allowed me to combine skills and experience from my previous career along with a subject that I love. Also working as the Pasifika Law Student Coordinator last year was a great privilege.
Tell us about your tutoring experience so far.
Tutoring is one of the most enjoyable parts of my day. As part of my own day-to-day study, I spend a lot of time researching, reading and writing on my own. Tutoring is a great way to be able to interact with students and other tutors who are all very clever and motivated individuals.
Before I took the class myself I knew nothing about Property Law, but I really enjoyed the class and found it fascinating—and I still can’t explain why! Fourteen years in a classroom put me in a reasonable position to take on the task of Head Tutor.
What are your plans for the future?
I hope to finish my Bachelor of Law with Honours with the best results that I can, and find a job in an area of law that interests me. I feel very blessed to have the opportunity to have a second go at a career. I wouldn’t be here without the support of my wife and family.
30 April 2015
A PhD candidate from the University of Zurich, with a particular interest in the legal relationship between international treaties and general international law, has spent the last six weeks at Victoria’s Faculty of Law.
Mirja Ciesiolka’s PhD research focuses on the legal relationship between the UN Convention against Corruption (UNCAC) and international human rights law.
“Given its far-reaching ambition, the UNCAC opens a field of tension between the security of societies on the one hand and rights of individuals on the other. Aspects of the UNCAC are inconsistent with international obligations on human rights.” says Mirja.
“Focusing on the relationship between the UNCAC and international human rights law, my thesis suggests how norm conflicts between different law regimes can be dealt with.”
It was Professor Campbell McLachlan’s research on the principle of systemic integration that drew Mirja’s attention to the Faculty. Mirja says the Faculty’s diverse research environment, and New Zealand’s common law tradition given her civil law background were also draw cards.
28 April 2015
A group of students from the Faculty of Law have set themselves the task of getting to the bottom of an agreement that could set a timetable for drastically reducing greenhouse gas emissions.
Their initiative ‘Deconstructing Paris 2015’ is about just that
Tom Stuart, one of the students leading the initiative, says their central focus will be on analysing the draft text, as it is this which will form the backbone for any climate agreement that comes out of Paris.
“We want to dissect and explain the draft text to make it more accessible to the public and to outline the likely direction of the agreement. We also plan to highlight where non-commital language is being used that might enable states to avoid taking meaningful action on climate change.”
The students have launched a website www.paristext2015.com to document their analysis and commentary and to provide legal resources about the Paris climate talks to the public, media, policy makers and politicians – both in New Zealand and abroad.
Steering Group member Catherine Iorns Magallanes, senior lecturer at the Faculty, says more than 40 students have put their hands up to be involved, and alongside writing substantive commentaries on the text, have designed and developed the website and are managing social media, PR and events for the initiative.
“I am amazed at their great ideas and enthusiasm. Since the website went live, offers of assistance are already coming in from outside the Law School and even outside of Wellington.”
A public launch for Deconstructing Paris will be held on Friday 1 May at 5pm in the Salmond Room (room 219), Old Government Buildings. All welcome.
www.paristext2015.com twitter: @paristext15
28 April 2015
Professor Richard Boast has been awarded funding from the Law Foundation to support research for volume three of his series of edited judgments of the Native Land Court.
22 April 2015
We are proud to announce that Nathalie Harrington has won the EC Adams Memorial Prize in Land Law. This prize is awarded for the best piece of writing showing excellence of achievement in the study of Land Law, by a student enrolled for the Degree of Bachelor of Laws (or Bachelor of Laws(Honours)) of any New Zealand University. The prize was this year judged by Professor Toomey of Canterbury University.
Nathalie’s paper “Te Akau Block 1865 – 1913: A Case Note” was written for LAWS316 - Māori Land Law, taught by Richard Boast. The paper was nominated by Carwyn Jones.
21 April 2015
Students from Victoria University of Wellington’s Faculty of Law are contributing to a Harvard John F Kennedy School of Government research project which is evaluating the status of violence against women.
Law schools from around the world have been approached by the Harvard team to research the perspective of individual countries on violence against women.
Law students Jasmine Harding and Mollie Matich are leading a team of students which is involved in the Wellington Community Justice Project (WCJP)—an extra-curricular student-led programme—which aims to improve access to justice and legal services in the community, and to provide law students with an opportunity to gain practical legal experience.
Jasmine and Mollie are the Human Rights leaders of the WCJP, and together the group has chosen to focus on domestic violence because of its prevalence in New Zealand.
It’s hoped that this global piece of research will help create a new protocol for violence against women, says Jasmine.
“The research project came from the widely-held view that the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) is not effective enough, as well as a desire for an international instrument that’s from the perspective of a victim.”
As part of the project the team will talk to a number of groups and individuals with expertise, experience and opinions on the state of violence against women in New Zealand since the implementation of the Domestic Violence Act 1995.
“This information will help us draw conclusions around potential gaps in the legislative framework and the implementation of anti-violence measures in New Zealand during the last two decades,” says Mollie.
The work will be cited in a video conference presentation to the Harvard John F Kennedy School of Government at the end of April. It will also be incorporated into wider research spanning multiple countries, with the intent of minimising gaps in the international legal framework to reduce violence against women all around the world.
“It’s hoped that this global piece of research will be used to present a case at the United Nations to establish a new convention on CEDAW,” says Jasmine.
17 April 2015
A law, developed in the 1940s to protect people from living in unhealthy homes, could be used to require landlords to provide housing that is free from dampness, according to researchers from the University of Otago and Victoria University of Wellington.
The paper is the first to look at how cases of housing quality are decided on in the Tenancy Tribunal and is co-authored by Dr Mark Bennett from the Faculty of Law at Victoria University, and Dr Sarah Bierre and Professor Philippa Howden-Chapman from the Public Health Department at the University of Otago, Wellington.
The authors reviewed a year's worth of cases about housing quality from Wellington and Dunedin that had been published online by the Ministry of Justice.
In most cases where a tenant complained of damp or mouldy housing during a Tenancy Tribunal hearing, the Housing Improvement Regulations 1947, which requires a home to be free from dampness, was overlooked, according to the research published this month in the New Zealand Universities Law Review.
Dr Bierre says every winter we hear stories and see media reports about people living in cold, damp and mouldy housing. “Tenants are able to ask for improvements to be made, but it was surprising to find that even if they make it to the Tenancy Tribunal the dampness laws available to protect tenants are often not used.”
Dr Bennett says the housing regulations could be used to require damp housing to have insulation, adequate heating, or ventilation installed if it is clear that is what is needed for a person to be able to live in a house that is free from dampness.
“These improvements are a cost to the landlord but they add value to the house and are things that homeowners regularly do when they move into a new home.”
Dr Bierre says there had been cases where the dampness standard had been applied.
"A renter living in a damp and mouldy house took a case to the Tenancy Tribunal and, in the circumstances, the landlord was required to install ventilation fans and fix rising damp. In this case the judge found that a ‘renter must be able to use and live in a house in a normal way, without mould developing’."
Dr Bierre says that, according to the law, if this can't be done then it is the landlord's problem.
“In this case the landlord appealed to the District Court where the Tenancy Tribunal judgement was upheld.”
Dr Bennett says: “If a person is living in a damp, mouldy house there is a breach of the existing standards. It is important that landlords comply with the minimum standards we currently have until we can introduce a warrant of fitness for rental housing that clearly sets out what is required for a house to be habitable.”
Professor Philippa-Howden Chapman and her team have been working on a warrant of fitness for housing, which has been trialled in five cities around New Zealand.
The Housing Improvement Regulations date back to 1947 and come under the Health Act 1956 which is required to be complied with as part of the Residential Tenancies Act 1986.
16 April 2015
A proposed bilateral arbitration treaty and the 30th anniversary of the sinking of the Rainbow Warrior will be the focus of a visit from world leading international arbitrator and litigator Gary Born next month.
Mr Born has been awarded the New Zealand Centre of International Economic Law’s (NZCIEL) Inaugural Senior Visiting Research Fellowship for 2015 and will visit New Zealand from 1 to 9 May.
While in New Zealand, Mr Born will discuss his recent initiative—a Bilateral Arbitration Treaty regime—with government representatives and businesses. This is aimed at addressing the adverse consequences that some businesses are facing because of the structure of the international litigation system, which is often time-consuming, expensive and inefficient.
He will also give a number of public lectures, co-hosted by Victoria University of Wellington, including a panel discussion on the Rainbow Warrior, 30 years since its sinking. Mr Born acted as counsel for Greenpeace in the Greenpeace v France arbitration, which concluded with an award of damages in favour of Greenpeace. Other panellists include Dr Gerard Curry (counsel for Alain Mafart and Dominique Prieur), Sir Kenneth Keith, Bill Mansfield, Sir Geoffrey Palmer and Dr Penelope Ridings.
Professor Susy Frankel, Director of the NZCIEL, said the Centre’s inaugural fellowship recognised the significant contribution Mr Born has made to international commercial arbitration and litigation.
“It's a wonderful opportunity for those interested in international dispute resolution to hear from someone of Mr Born’s calibre—and to consider his insights from the New Zealand perspective.”
More information on Gary Born’s visit and his Bilateral Arbitration Treaty regime is available at http://www.victoria.ac.nz/law/centres/nzciel/news
9 April 2015
31 March 2015As part of the recent Staff Excellence Awards at Victoria, the longest-serving female academic was recognised for her 25 years' service to Victoria’s Faculty of Law.
Associate Professor Elisabeth McDonald’s association with the Faculty at Victoria began in 1985, when she enrolled for the Bachelor of Laws, which she finished in 1987 as one of three Senior Scholars to graduate in May 1988, along with Matthew Palmer QC.
After an interlude in Washington DC (as part of the Jessup Moot team) and Michigan, where she completed a Master of Laws, Elisabeth returned to Victoria in June 1989 as a temporary lecturer, a position that was made permanent in January 1990—the year in which she had her first child.
She was promoted to Senior Lecturer in January 1995 and to Associate Professor in January 2005.
Elisabeth worked at the Law Commission on secondment for two years, on both the women’s access to justice project and evidence law reform—an area in which she has subsequently published extensively—both generally, and in the application of that law to the particular problems associated with sexual violence.
Highlights of her time at the Faculty include successfully introducing a special topic course—Feminist Legal Theory—at her first faculty meeting, a white-water rafting trip with Neil Cameron and Graeme Austin, editing three special issues of the Victoria University of Wellington Law Review and being involved in a curriculum review with Sir Geoffrey Palmer.
She stifles laughter when her evidence students refer to her as a “learned author” as part of their oral arguments. In her most recent course evaluations for her evidence course, a student remarked that she had “excellent fashion sense” too.
31 March 2015Peter Fraser’s invitation to Polish refugee children at the end of World War II has been inspirational for many people, not least of whom Polish PhD student Joanna Siekiera.
Joanna is currently in New Zealand undertaking research for her doctoral thesis on New Zealand’s role in the South Pacific’s regional legal and political institutions.
Asked “Why New Zealand?” she is very clear.
“About the time I was picking my thesis topic for my Bachelor’s degree I came across the touching story of the Polish children being offered a second home here in New Zealand. They grew up here, were educated here, helped establish this new sovereign country.”
Joanna says their story is basis of contemporary diplomatic relations between Poland and New Zealand.
Fast-forward seven years and she is one of a few European specialists in the field of diplomatic law, Polish foreign relations policy and the legal frameworks for co-operation among the states of the South Pacific region. She is currently based at the University of Wroclaw, Poland, with the Chair of International and European Law.
During her three months in New Zealand, Johanna has been meeting with academics, diplomats, government ministers and representatives and members of the Polish community, and giving lectures on her research. Her time at Victoria's Faculty of Law has been under the supervision of Professor Tony Angelo.
Joanna says she is grateful for the opportunities she has been given here in New Zealand, including this week’s public lecture for The New Zealand Association for Comparative Law. She is also very optimistic about the future of New Zealand—Polish relations.
“It’s not only about bilateral relations, but relations between two regions—Poland at the heart of Europe and New Zealand as representative of the South Pacific. By building cooperation with each country, we build relationships with these wider regions as well.”
23 March 2015
LAWS 363 Securities Regulation (TRF 11:30-12:20) - Victoria Stace
Summer - Jan/Feb
LAWS 318 Resource Management Law (to be timetabled) - Estair van Wagner
The courses are now available on course add/drop or send email@example.com an email with your full name and student ID.
20 March 2015
This month, the Wellington Community Justice Project held its 2015 Launch, recruiting students for an exciting year of projects ahead.
The Wellington Community Justice Project is an extra-curricular student-led society—for second-year law students and above—which aims to improve access to justice and legal services in the community, and to provide law students with an opportunity to gain practical legal experience.
The project consists of four specialist teams: Human Rights, Education, Advocacy and Law Reform. Each year, the teams run three or four different projects which students volunteer to be a part of.
Last year, the Education team in conjunction with Community Law Wellington, visited high schools, alternative education providers and university halls of residence around Wellington as part of their Rights Education Project. The purpose of the visits was to deliver modules teaching teenagers about their various legal rights around tenancy, drugs and alcohol, sex and consent, and more. The team also hopes to develop a cyber-safety module about what rights teenagers have on the internet.
The group also works very closely with Community Law Wellington, offering support with all types of tasks from note-taking to giving advice and support.
This year joint Student Directors Nathalie Harrington and Fayez Shahbaz are looking forward to an action-packed year, after a fantastic response to their launch which saw over 200 student volunteers sign up—a significant increase from last year.
Their guest speaker at the launch event was human rights lawyer Claire Achmad, who has worked as an in-house counsel for the New Zealand government, as a Child Rights and Research and Advocacy Officer for UNICEF, and as a Senior Advisor to the Chief Human Rights Commissioner and Executive Director of the New Zealand Human Rights Commission.
The Human Rights team are currently contributing to a Harvard John F Kennedy School of Government research project evaluating the global status of violence against women. More information about this project will be in the April issue of Faculty News.
16 March 2015
We are extremely pleased to announce that the Victoria University team of Conor Donohue and Teja Kandarpa (coached by Faculty members Joanna Mossop and Alberto Costi) have won the 13th Red Cross International Law Moot in Hong Kong.
Conor and Teja faced the University of Hong Kong in a close final, and the competition from the other 23 teams was fierce.
In addition to winning the final, Conor was named as best mooter of the competition and Teja was named third best mooter. The team also picked up a second honourable mention for their memorial for the defence.
11 March 2015
New Zealand’s approach to the UN Convention on the Rights of Persons with Disabilities is the focus of two Austrian researchers who made the Law School their base earlier in March.
Eva Nachtschatt and Alexander Lamplmayr, from the University of Innsbruck, are undertaking a comparative research project looking at how Austria, Germany, New Zealand and Australia have each put into practice key aspects of the convention.
“We are specifically looking at articles 4.3 and 33.3 which require that people with disabilities are actively involved and consulted when it comes to developing and implementing legislation and policies relating to the Convention,” says Eva.
Associate Professor Petra Butler from the New Zealand Centre for Public Law arranged their visit and set up meetings with a range of organisations including the Human Rights Commission, the Office for Disability Issues and the Office of the Ombudsman.
Alexander says New Zealand was an obvious choice for their research project as it was one of the leading countries in negotiating and ratifying the convention in 2008. From here they will head to the University of New South Wales to enable a comparison of two common law systems.
Coming from a town surrounded by mountains, Eva and Alexander have enjoyed their brief stay in the compact seaside capital.
“Wellington is a beautiful city with its old houses up next to skyscrapers. And working in this beautiful old building that’s also a museum – it’s very impressive,” says Eva.
The pair hope to complete their research in 2016.
16 February 2015
These notes are a summary of Sir Geoffrey Palmer’s public lecture entitled “New Zealand’s Defective Law on Climate Change”, held at Victoria’s Faculty of Law on Monday 16 February.
16 February 2015
Eddie Clark, a Victoria alumnus, returns to Wellington to join the Faculty of Law as a lecturer mid-February.
After graduating from Victoria in 2005 with a Bachelor of Arts and a Bachelor of Laws with Honours, Eddie worked for a number of years at a large corporate firm in Wellington, specialising in commercial public law and says this experience is what piqued his interest in administrative law.
Following a year-long break during his time in practice, Eddie completed his Master of Law at the University of Toronto. His research focused on the possibility of extending procedural fairness to the making of delegated legislation.
After two further years of practice, he returned to Toronto to commence his doctoral studies, which he hopes to complete shortly. His doctoral work builds on his Master’s and argues that one of the motivating factors underlying administrative law is a concern for a legitimate administrative state.
“I also argue that one of the implications of this concern with legitimacy must be an expansion of procedural fairness to cover ‘legislative’ executive decision-making.”
Eddie says that this work, and his practice experience, are really all about a fascination with the minutiae of government: how the everyday practices of the administrative state affect people and businesses.
“I look forward to continuing to puzzle out the role of the law in mediating this relationship between state and citizen at the coalface of government when I start at Victoria.”
“I am very excited to be joining the outstanding community of public law scholars at Victoria.”
5 February 2015
A summer project designed to publicise more widely research by members of Victoria University of Wellington’s Faculty of Law, has involved Faculty staff and students working more closely with Woodward Street Chambers.
The project, led by Professor John Prebble and Māmari Stephens, Senior Lecturer at the Faculty, involved student interns preparing abstracts of scholarly papers by members of the Faculty of Law for posting on the Social Sciences Research Network (SSRN).
Victoria’s Faculty of Law has its own page on the network, allowing the work of Faculty members to be accessible to a wider international audience, which have been published in a variety of global journals.
The four interns who volunteered to assist the project are law students Aynsley Wood and Dion Blummont; arts and design student, Olivia Miller; and Silvia Rodriguez Atencio, a lawyer from Argentina who is now working in Wellington.
Woodward Street Chambers provided working space and oversight for the interns, which is greatly appreciated by the Faculty, says Pro Vice-Chancellor and Dean of Law Professor Tony Smith.
“Projects like this allow our staff and student to develop closer relationships with the Wellington law profession, and it showcases Victoria’s unique position in the heart of Wellington’s legal and political district.”
4 February 2015
For the first time, Victoria University of Wellington’s Faculty of Law will be represented in the annual International Chamber of Commerce (ICC) International Commercial Mediation Competition.
Two students, Georgia Cameron and William Steel, are winging their way to Paris this week to compete against 65 other teams. The competition, now in its 10th year, is the world’s only moot devoted exclusively to international commercial mediation.
The contest will involve 120 mediators and corporate representatives from five continents and more than 40 countries. Each university competes in at least four preliminary round mediations, after which the competition enters a knock-out phase.
The students will be accompanied by their coach Dr Grant Morris, a senior lecturer at the Faculty of Law, who runs a third-year dispute resolution course. Georgia and William were outstanding participants in Dr Morris’ class last year.
“The course includes a practical element in mediation as well as theory so part of the preparation was already done,” says Dr Morris.
As well as regular practice mediations with Dr Morris, the students have received support from some of Wellington’s leading mediators, including Geoff Sharp, who was voted New Zealand Mediator of the Year by the New Zealand legal profession at the 2012/2013 Law Awards, and Annabel Shaw, a mediator for the Ministry of Business, Innovation and Employment.
“We’ve been very lucky to have these fantastic practitioners around Wellington who’ve been more than willing to give up their time after work,” says Georgia.
After weeks of hard work, William feels they are as ready as they’ll ever be.
“We just want to go over there and focus on enjoying it now,” says Georgia.
William is a final year student studying for an LLB (Hons) and BCom degree majoring in economics and finance, and Georgia will complete her LLB and BA degree in politics this year.
The team has received financial support from Fairway Resolution and the Association of Dispute Resolvers (LEADR).
2 February 2015Please click here to read the January 2015 edition of our Faculty News (pdf).
30 January 2015
Associate Professor Meredith Kolsky Lewis visited the law school for two weeks this month with 11 of her students from the SUNY Buffalo Law School (where she is also Associate Professor). The visit was in connection with Meredith's course New Zealand: International Economic Law in Context. While in Wellington, the group met with many Vic colleagues; officials from MFAT, MPI, NZTE and the Law Commission; Justice Glazebrook at the Supreme Court (pictured); and legal practitioners and consultants. They also visited the Tapu Te Ranga marae in Island Bay; Dry River vineyard in Martinborough; and Zealandia.
29 January 2015
Just before Christmas, Dean Knight submitted the PhD thesis he has been working on at the London School of Economics and Political Science over the last few years. He still needs to complete his viva (oral examination and defence), which is scheduled for May.