Feminist judgments of Aotearoa New Zealand : Te Rino, a two-stranded rope / edited by Elisabeth McDonald, Rhonda Powell, Māmari Stephens, Rosemary Hunter.

Format:

Book

Contributor:

Hunter, Rosemary C., editor.

McDonald, Elisabeth, editor.

Powell, Rhonda Louise, 1979- editor.

Stephens, Māmari, editor.

Language:

English

Maori

Subjects (All):

Civil rights--New Zealand--Cases.

Civil rights.

Feminist jurisprudence.

Law reform--New Zealand.

Law reform.

Law--New Zealand--Philosophy.

Law.

Women--Legal status, laws, etc--New Zealand--Cases.

Women.

Physical Description:

1 online resource (550 pages)

Place of Publication:

Oxford ; Portland, Oregon : Hart Publishing, 2017.

Language Note:

"Foreword, He Kupu whakataki" by Susan Glazbrook and Caren Fox, in Maori and English.

Summary:

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. 'This Project stops us in our tracks and asks us: how could things have been different? At key moments in our legal history, what difference would it have made if feminist judges had been at the tiller? By doing so, it raises a host of important questions. What does it take to be a feminist judge? Would we want our judges to be feminists and if so why? Is there a uniquely female perspective to judging?' Professor Claudia Geiringer, Faculty of Law, Victoria University of Wellington 'With this book, some of our leading jurists expose the biases and power structures that underpin legal rules and the interpretation of them. Some also give voice to mana wahine perspectives on and about the law that have become invisible over time, perpetuating the impacts of colonialism and patriarchy combined on Maori women. I hope this book will be a catalyst for our nation to better understand and then seek to ameliorate these impacts.' Dr Claire Charters, Associate Professor, Faculty of Law, University of Auckland 'The work is highly illuminating and is critical to the development of our legal system . It is crucial, not only for legal education, so that students of the law open their minds to the different ways legal problems can be conceptualised and decided. It is also crucial if we are going to have a truly just legal system where all the different voices and perspectives are fairly heard.' Professor Mark Henaghan, Dean of the Faculty of Law, University of Otago 'I believe this project is particularly important, as few academics or researchers in New Zealand concentrate on judicial method. I am therefore hopeful that it will provoke thoughtful debate in a critical area for society.' The Honourable Justice Helen Winkelmann, New Zealand Court of Appeal

Contents:

Ko ngā muka oÿ te rino : threads of the two-stranded rope

Rhonda Powell, Elisabeth McDonald, Māmari Stephens and Rosemary Hunter

Law in Aotearoa New Zealand

Māmari Stephens and Rhonda Powell

Introducing the feminist and mana wahine judgments

Rosemary Hunter, Māmari Stephens, Elisabeth McDonald and Rhonda Powell

Taylor v Attorney General [2015] NZHC 1706, commentary : disengaging the disengaged

Margaret Wilson and Julia Amua Whaipooti, judgment : Mihiata Pirini and Lisa Yarwood

Brooker v Police [2007] NZSC 307, commentary : rights balancing rejected

Ursula Cheer, judgment : Janet McLean

Ruka v Department of Social Welfare [1997] 1 NZLR 154, commentary : defining a relationship for the purposes of state support

Catriona MacLennan, judgment : Māmari Stephens

Lawson v Housing New Zealand [1997] 2 NZLR 474, commentary : state housing, market rents and families facing eviction

Dean R Knight, judgment : Natalie Baird

Seales v Attorney-General [2015] NZHC 1239, commentary : the potential interface of gender and vulnerability in legal contexts

Kate Diesfeld, judgment : Joanna Manning

Hallagan v Medical Council of New Zealand HC Wellington CIV-2010-485-222, 2 December 2010, commentary : whose choice, whose conscience?

Colin Gavaghan, judgment : Rhonda Powell

Re W [PPPR] ('Re Williams[PPPR]') (1993) 11 FRNZ 108, commentary : caring for the pregnant woman

Rosemary Hunter, judgment : Holly Hedley

Quilter v Attorney General [1997] NZCA 207, commentary : same-sex marriage and the Marriage Act

Wendy Aldred, judgment : Clare Abaffy

Amo'h v Ajo'h (Caldwell v Caldwell) [2010] NZFC 48, commentary : the case of the missing woman

Erin Ebborn, judgment: Ruth Ballantyne

V v V [2002] NZFLR 1105, commentary : a fair share of the pavlova?

Vivienne Crawshaw and Khyati Shah, judgment : John Adams

Lankow v Rose [1995] 1 NZLR 277, commentary : property division on the breakdown of a de facto relationship : the search for a just outcome

Nicola Peart and Kyla Mullen, judgment : Mark Bennett

Director of Human Rights Proceedings v Goodrum [2002] NZHRRT 13, commentary : the challenge of proving discrimination in the face of bias and gender stereotyping

Sam Bookman and Gayathiri Ganeshan, judgment : Selene Mize

Air Nelson v C [2011] NZCA 466, commentary : she said, he said, from myth to reality

Annick Masselot, judgment : Jenny Catran and Martha Coleman

Stephens v Barron [2014] NZCA 82, commentary : should company law principles affect duty of care analysis?

Liesle Theron, judgment : Victoria Stace

Bruce v Edwards [2002] NZCA 294, commentary : taonga tuku iho, the generational treasure of land

Jacinta Ruru, judgment : Kerensa Johnston and Mariah Hori Te Pa

Waipapakura v Hempton (1914) 33 NZLR 1065, commentary : whitebait for the people

John Dawson, judgment : Emma Gattey

Squid Fishery Management Company Ltd v Minister of Fisheries (CA39

04, 7 April 2004), commentary : an ecofeminist approach to the impact of fisheries on sea lion mortality

Joanna Mossop, judgment: Nicola Wheen

West Coast Ent Inc v Buller Coal Lltd [2013] NZSC 87, commentary : broadening an ethic of care to recognise responsibility for climate change

Catherine Iorns, judgment : Estair van Wagner

R v S [2015] NZHC 801, commentary : reasonable grounds to believe an unconscious woman is consenting? : the relevance of advance consent

Elisabeth McDonald, judgment : Paulette Benton-Greig

R v Sturm [2004] 1 NZLR 570, commentary : "well, what did you think would happen?"

Cassandra Mudgway, judgment : Sarah Croskery-Hewitt

Vuletich v R [2010] NZCA 102, commentary : when is sexual violence against adults unusual? : the admissibility of propensity evidence

Elisabeth McDonald, judgment: Carissa Cross

Police v Kawiti [2000] 1 NZLR 117, commentary : Kāwiti at the centre

Julia Tolmie and Khylee Quince, judgment : Khylee Quince and Julia Tolmie

R v Wang [1990] 2 NZLR 529, commentary : finding a plausible and credible narrative of self-defence

Lexie Kirkconnell-Kawana and Alarna Sharratt, judgment : Brenda Midson

R v Te Tomo [2012] NZHC 71, commentary : the truth about sentencing Maori women : giving context to the meaning of mana wahine

Linda Hasan-Stein and Valmaine Toki, judgment : Valmaine Toki

R v Taueki [2005] NZCA 174, commentary : sentencing guidelines for domestic violence : the missing factors

Yvette Tinsley, judgment : Frances Gourlay.

Notes:

Includes bibliographical references and index.

Description based on print version record.

ISBN:

9781509909766

1509909761

9781509909735

1509909737

9781509909759

1509909753

OCLC:

1000298149