Feminist Judgments of Aotearoa New Zealand: Te Rino: A Two-Stranded Rope

Description

This edited collection asks how key New Zealand judgments might read if they were written by a feminist judge. Feminist judging is an emerging critical legal approach that works within the confines of common law legal method to challenge the myth of judicial neutrality and illustrate how the personal experiences and perspectives of judges may influence the reasoning and outcome of their decisions. Uniquely, this book includes a set of cases employing an approach based on mana wahine, the use of Maori values that recognise the complex realities of Maori women’s lives. Through these feminist and mana wahine judgments, it opens possibilities of more inclusive judicial decision making for the future. Foreword by Hon Justice Susan Glazebrook and Judge Caren Fox Preface Nau mai, haere mai. Welcome. Acknowledgements Contents Notes on Contributors Glossary Part I: Introducing Te Rino: The Feminist Judgments Project Aotearoa 1 Ko Ngā Muka o Te Rino: Threads of the Two-Stranded Rope Beginnings Method, Milestones and Mana Wahine Reflections 2 Law in Aotearoa New Zealand Māori Law Te Tiriti o Waitangi The New Zealand Legal System New Zealand Courts and Tribunals 3 Introducing the Feminist and Mana Wahine Judgments Our Place in a Global Movement The Need for Feminist Judges Feminist Judging in Action Hei Turuturu Whatu: Defining and Upholding Mana Wahine Weaving the Cross Threads: A Framework for Judgment Writing Part II: Rights, Equality and Relationality Civil Rights 4 Commentary on Taylor v Attorney-General Disengaging the Disengaged: The Case of Prisoner Voting Background The High Court Decision The Mana Wahine Judgment Taylor v Attorney-General 5 Commentary on Brooker v Police
Rights Balancing Rejected The Supreme Court Judgment The Feminist Judgment Brooker v Police Social Welfare 6 Commentary on Ruka v Department of Social Welfare
Defining a Relationship for the Purposes of State Support The Court of Appeal's Decision The Social and Political Context Failure to Implement the Decision and Ongoing Injustice The Mana Wahine Judgment Ruka v Department of Social Welfare 7 Commentary on Lawson v Housing New Zealand State Housing, Market Rents and Families Facing Eviction Introduction The Original Judgment The Feminist Judgment Lawson v Housing New Zealand Medical Decisions 8 Commentary on Seales v Attorney General The potential interface of gender and vulnerability in legal contexts The Original Decision The Feminist Judgment Seales v Attorney General 9 Commentary on Hallagan v Medical Council of New Zealand Whose Choice, Whose Conscience? Introduction The Original Judgment The Feminist Judgment Conscientious Objection—A Continuing Controversy Conclusion In the High Court of New Zealand Wellington Registry 10 Commentary on Re W [PPPR] Caring for the Pregnant Woman Background to the Case The Original Decision The Feminist Judgment Re Williams [PPPR] Family Relationships 11 Commentary on Quilter v Attorney-General Same-Sex Marriage and the Marriage Act The Court of Appeal Judgment Developments Since Quilter The Feminist Judgment Quilter v Attorney-General 12 Commentary on AMO'H v AJO'H ('Caldwell v Caldwell') The Case of the Missing Woman The Original Decision The Feminist Judgment Caldwell v Caldwell [Relocation] Relationship Property 13 Commentary on V v V A Fair Share of the Pavlova? Introduction Background The Original Decision The Feminist Judgment V v V 14 Commentary on Lankow v Rose
Property Division on the Breakdown of a De Facto Relationship: The Search for a Just Outcome Introduction The High Court and Court of Appeal Judgments The Feminist Judgment Lankow v Rose Employment 15 Commentary on Director of Human Rights Proceedings v Goodrum The Challenge of Proving Discrimination in the Face of Bias and Gender Stereotyping Introduction Gender Stereotyping and Occupational Segregation Legal Barriers and Necessary Reform The Feminist Decision Conclusion Minority Decision 16 Commentary on Air Nelson Limited v C
She said, he said: from myth to reality Introduction The Employment Court's Decision The Feminist Judgment Conclusion Air Nelson Ltd v C Commercial Realationships 17 Commentary on Stephens v Barron Should Company Law Principles Affect Duty of Care Analysis? The Facts Company Law and Policy Previous Case Law and the Court of Appeal's Decision The Feminist Judgment Stephens v Barron Part III: Land and Natural Resources Customary Rights 18 Commentary on Bruce v Edwards Taonga Tuku Iho: The Generational Treasure of Land Introduction A Brief History of Māori Land Law The Two Sides The Decision of the Court of Appeal Johnston and Hori Te Pa JJ's
Mana Wahine Judgment Bruce v Edwards 19 Commentary on Waipapakura v Hempton Whitebait for the People Fishing in Tidal Waters Stout CJ and the Decision in Waipapakura The Colonial Legal Gaze The Mana Wahine Judgment Waipapakura v. Hempton. Environment 20 Commentary on Squid Fishery Management Company Ltd v Minister of Fisheries An Ecofeminist Approach to the Impact of Fisheries on Sea Lion Mortality The Original Decision Ecofeminism and Wheen J's decision Conclusion In the Court of Appeal of New Zealand 21 Commentary on West Coast ENT Inc v Buller Coal Ltd Broadening an Ethic of Care to Recognise Responsibility for Climate Change Introduction Background The Decisions in West Coast ENT The Feminist Judgment Conclusion In the Supreme Court of New Zealand Part IV: Crime Sexual Offending 22 Commentary on R v S
Reasonable Grounds to Believe an Unconscious Woman is Consenting?: The Relevance of Advance Consent Reform of ss 128 and 128A of the Crimes Act 1961 The Decision of the High Court The Feminist Judgment In the High Court of New Zealand Auckland Registry 23 Commentary on R v Sturm 'Well, What Did You Think Would Happen?' The Facts and Proceedings in R v Sturm The Issue of Voluntary Intoxication The Feminist Judgment The Question of Consent: Future Developments R v Sturm 24 Commentary on Vuletich v R When is Sexual Violence Against Adults Unusual?: The Admissibility of Propensity Evidence The Court of Appeal's Decision The Feminist Judgment In the Court of Appeal of New Zealand Defences 25 Commentary on Police v Kawiti Kāwiti at the Centre The Mana Wahine Judgment Police v Kawiti 26 Commentary on R v Wang Finding a Plausible and Credible Narrative of Self-Defence The Court of Appeal Decision Difficulties with Self-Defence The Feminist Judgment R v Wang Sentencing 27 Commentary on R v Shashana Lee Te Tomo The Truth about Sentencing Māori Women: Giving Context to the Meaning of Mana Wahine Preface Introduction Sentencing Principles: The Oppression of Mana Wahine Through the Lens of Patriarchy and Colonialism The Relevance of Gender to Sentencing Principles Developing Culturally Sensitive Sentencing Principles The Mana Wahine Judgment Conclusion In the High Court of New Zealand Rotorua Registry 28 Commentary on R v Taueki Sentencing Guidelines for Domestic Violence: The Missing Factors The Court of Appeal's judgment The Feminist Judgment R v Taueki