ORCID Profile
0000-0002-3541-5164
Current Organisations
University of Tasmania
,
University of New South Wales
,
University of Calgary
,
University of Technology Sydney
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Publications
Plural Legal Orders: Concept and Practice
Publisher: Cambridge University Press
Date: 18-08-2022
Section 223 and the shape of native title: the limits of jurisdictional thinking
Publisher: Routledge
Date: 12-11-2013
The Persona of the Jurist in Salmond's Jurisprudence: On the Exposition of What Law is...
Publisher: Victoria University of Wellington Library
Date: 03-2008
DOI: 10.26686/VUWLR.V38I4.5540
Abstract: If Sir John Salmond is taken as being an inaugural or founding father of not only a law school, but also of a New Zealand jurisprudence, two questions arise: "What might have been inherited from Salmond's jurisprudence?" And, "How might that inheritance be received today?" This article offers a response to these questions by considering Salmond's jurisprudence in terms of a conduct of life organised around the office and persona of the jurist.
Foreword: The Salmond Centennial 2006
Publisher: Victoria University of Wellington Library
Date: 03-2008
DOI: 10.26686/VUWLR.V38I4.5541
Abstract: This foreword introduces the articles published in this issue, presented at a symposium held at the Victoria University of Wellington Law School to celebrate the centennial of John Salmond's arrival as the first fulltime in Law at the Victoria University College (as it was then called). The articles celebrate John Salmond's intellectual contribution as a legal theorist and writer of textbooks, as chief law draughtsman and then Solicitor General, and as a Supreme Court judge.
Procedural reform in the nineteenth century British Empire: the failure of Barron Field in Gibraltar
Publisher: Informa UK Limited
Date: 03-07-2019
Jurisprudences of Jurisdiction: Matters of Public Authority
Publisher: Informa UK Limited
Date: 02-10-2015
New Zealand Lost Cases: Case Note: R v E Hipu
Publisher: Victoria University of Wellington Library
Date: 03-05-2010
DOI: 10.26686/VUWLR.V41I1.5243
Abstract: This note considers the 1845 decision of the Supreme Court of New Zealand in E Hipu. E Hipu was the first decision of the Supreme Court to apply those provisions of the Native Exemption Ordinance which allowed a fine to be substituted for imprisonment in cases of theft. The Native Exemption Ordinance was a significant mechanism in the early colony by which criminal law was modified in its application to Maori, and was crucial to the framing of Crown-Maori relations.
An Essay on Jurisdiction, Jurisprudence and Authority: The High Court of Australia in Yorta Yorta(2001)
Publisher: School of Law, Queen's University Belfast
Date: 07-08-2005
Abstract: N/A
Comparative Perspectives on Communal Lands and Individual Ownership
Publisher: Routledge-Cavendish
Date: 26-02-2010
Indigenous Peoples as Subjects of International Law
Publisher: Routledge
Date: 14-07-2017
Sovereignty as Governance in the Early New Zealand Crown Colony Period
Publisher: Palgrave Macmillan US
Date: 2010
'Destitute of the Knowledge of God': Maori Testimony before the New Zealand Courts in the Early Crown Colony Period
Publisher: ANU Press
Date: 09-2012
Section 223 and the shape of native title: The limits of jurisdictional thinking
Publisher: Routledge
Date: 12-11-2012
Jurisprudences of Jurisdiction: Matters of Public Authority
Publisher: Elsevier BV
Date: 2014
DOI: 10.2139/SSRN.3037777
'The Precedent is India': Crime, Legal Order and Governor Hobson's 1840 Proposal for the Modification of Criminal Law as Applied to Māori
Publisher: Elsevier BV
Date: 2014
DOI: 10.2139/SSRN.3037776
Foreword: Special Issue: New Zealand Leading Cases
Publisher: Victoria University of Wellington Library
Date: 11-2010
DOI: 10.26686/VUWLR.V41I3.5401
Abstract: This article serves as foreword for this issue of the Victoria University of Wellington Law Review presenting the papers presented at the New Zealand Leading Cases Conference held at the Faculty of Law, Victoria University of Wellington in June 2010. The Conference celebrated the New Zealand Lost Cases project, which aimed to identify and collect cases decided by the New Zealand Superior Courts before the official beginning of law reporting in 1883.
Legal Histories of the British Empire
Publisher: Routledge
Date: 24-04-2014
Reforming Equity: New Zealand 1843-1856
Publisher: Informa UK Limited
Date: 12-2013
Conduct of Laws: Native Title, Responsibility, and Some Limits of Jurisdictional Thinking
Publisher: Elsevier BV
Date: 2012
DOI: 10.2139/SSRN.2247382
The Court of Claims and the Resolution of Informal Land Claims in New South Wales 1833-1835
Publisher: Elsevier BV
Date: 2014
DOI: 10.2139/SSRN.3037779
Surviving on the Brink: New Zealand Workers, Unions and Employment Relations, 1991–2008
Publisher: Liverpool University Press
Date: 2018
Making Up the Issue: The Judge's Role in Formulating Actions in the Crown Colony Period- Pharazyn v Smith (1844)
Publisher: Victoria University of Wellington Library
Date: 11-2010
DOI: 10.26686/VUWLR.V41I3.5221
Abstract: This article considers one of the key procedural innovations of the first Supreme Court rules – the making up of the issue – through the lens of the Supreme Court decision in Pharazyn v Smith (1844). Making up the issue referred to the process whereby pleadings were drafted in conference with the judge hearing the case. This contrasted with the English system of the time of a series of written exchanges between parties designed to identify the disputed issues of fact and law, and in which the role of the judge was essentially a passive one. Through Pharazyn v Smith we can see one of the ways in which judges sought to modify English laws to the circumstances of the colony, as well as the judges' role in shaping litigation, and hence law, in the infant colony.
Traditions: Tracing Legal History, Aboriginal/Indigenous Law (Australia/New Zealand)
Publisher: Oxford University Press
Date: 10-09-2018
DOI: 10.1093/OXFORDHB/9780198794356.013.41
Abstract: This chapter examines legal encounters and legal relations between Indigenous peoples in both Australia and New Zealand and the British Empire. It looks at court decisions as a source of historical material in order to suggest two contact points between jurisdictions through which to think about indigenous laws and settler laws. It focuses on only two instances of contact: the colonial and the present. In many ways this choice reproduces ongoing gaps in tracing and thinking about legal encounters with Aboriginal law in Australia and, to a lesser extent, in New Zealand. Scholarship on legal encounter has tended to be centred on the colonial period to the detriment of the later nineteenth century and much of the twentieth century. The chapter looks at the ways in which colonial and modern law engaged/s with aboriginal law from the perspective of the colonizer, not the colonized.
Spanning Two Worlds: Protection, Assimilation, and the Role of Edward Meurant, Government Interpreter, New Zealand, 1840-1851
Publisher: Routledge
Date: 12-06-2020
Just So: The Law Which Governs Australia is Australian Law
Publisher: Springer Science and Business Media LLC
Date: 2002
Imperial incarceration: detention without trial in the making of British Colonial Africa
Publisher: Informa UK Limited
Date: 03-07-2022
Sworn on the Dirt of Graves: Sovereignty, Jurisdiction and the Judicial Abrogation of 'Barbarous' Customs in New Zealand in the 1840s
Publisher: Informa UK Limited
Date: 08-2009
‘Since Time Immemorial’: A Story of Common Law Jurisdiction, Native Title and the Case of Tanistry
Publisher: Elsevier BV
Date: 2002
DOI: 10.2139/SSRN.3037780
Interpreting Customary Rights Orders under the Foreshore and Seabed Act: The New Jurisdiction of the Maori Land Court
Publisher: Victoria University of Wellington Library
Date: 08-2005
DOI: 10.26686/VUWLR.V36I2.5598
Abstract: The Foreshore and Seabed Act 2004 inaugurated a new jurisdiction for the Māori Land Court with respect to customary rights orders over areas of the foreshore and seabed. This article focuses on the customary rights orders provisions of the Act. While this new jurisdiction is entirely statutory, the language of the provisions reflects the common law “tests” for aboriginal rights and native title. This article looks, therefore, to the common law as a possible guide for interpretation of the CRO provisions. It concludes, however, that the statutory language of the Act provides an opportunity for New Zealand courts, and the Māori Land Court in particular, to forge a new body of jurisprudence, one which hopefully will avoid the strictures and inequalities of its common law equivalent.
Good Faith and the Fair Work Act : Its Potential, in Light of the New Zealand Experience
Publisher: Cambridge University Press (CUP)
Date: 10-2010
DOI: 10.1177/103530461002100104
Abstract: This article addresses the potential of the Fair Work Act’s good faith bargaining provision to enhance good faith bargaining and employment relationships, using New Zealand’s good faith provisions under the Employment Relations Act 2000 as a comparative frame of reference. It explores the limitations of the Fair Work Act’s compliance-based approach to good faith, which consists mainly of the parties presenting a legally defensible appearance of not acting in bad faith. In contrast, the New Zealand legislation aims to suffuse good faith with considerable content and definition, enabling parties to the employment relationship to extend good faith well beyond bargaining. In contrast to the Employment Relations Act , the formalistic, procedural approach promoted by the Fair Work Act is unlikely to encourage a significant cultural change towards meaningful good faith principles and practices.
Aboriginal Rights in the Offshore
Publisher: Informa UK Limited
Date: 2006
Law and Politics in British Colonial Thought
Publisher: Palgrave Macmillan US
Date: 2010
Travelling Laws: Burton and the Draft Act for the Protection and Amelioration of the Aborigines 1838 (NSW)
Publisher: Elsevier BV
Date: 2014
DOI: 10.2139/SSRN.3037764
Jurisprudence of Jurisdiction
Publisher: Routledge-Cavendish
Date: 12-03-2007
The First Procedural Code in the Empire: New Zealand 1856
Publisher: Elsevier BV
Date: 2016
DOI: 10.2139/SSRN.3037763
Comparing Apples and Oranges: The Fiduciary Principle in Australia and Canada after Breen v. Williams
Publisher: Bond University
Date: 1996
DOI: 10.53300/001C.5284
Related Organisations
Related Funding Activities
(The Australasian Legal History Library: Creating Historical Depth In Legal Data On AustLII, To Improve All Legal Research)
Start Date: 2012
End Date: 2012
Funder: Australian Research Council
View Funded Activity