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"Criminal Law in Aotearoa New Zealand is a textbook that sets out and discusses fundamental principles of criminal law, a selection of criminal offences and defences, and the law governing who can be held liable when an offence is committed. Importantly this text locates legal doctrine in the context of the constitutional foundations of the criminal justice system in contemporary Aotearoa, including the collision of two ancient and very different traditions of justice - tikanga Māori and the English common law. After acknowledging the limitations of state law as a vehicle for tikanga and therefore the transformational change that will be required to give expression to Article 2 of Te Tiriti o Waitangi for Māori, the book distils the basic legality principles that should guide the common law development of criminal doctrine in Aotearoa New Zealand going forward. Throughout the book questions are asked about the legal doctrine that is discussed - these questions are aimed at deepening thought about what the shape of the criminal law should be in the unique context of Aotearoa New Zealand"--Publisher information.
"Practitioners will benefit from this text, which provides guidance on the Criminal Proceeds (Recovery) Act 2009's provisions and machinery, the growing body of case law, and the status of a conceptually criminal regime which engages the civil procedure and civil standard of proof"--Publisher information.
The text takes the perspective of international human rights law, describes what it requires, and then analyses the extent to which New Zealand law complies with it. It is intended to be an authoritative text that can be cited in courts and be the book of choice for human rights courses; it should also play a role in the development of New Zealand law by reference to international human rights standards. Written by many of New Zealand's leading human rights law experts, the tone and content of the chapters combines the substance of sound legal academic analysis with the practicality of a book that can be used in practice by judges, lawyers, NGOs and activists. The book will appeal to both the academic and practitioner markets.
The arrival of Europeans in Aotearoa brought about an inevitable clash between the laws and values of Maori societies and those of the newcomers. Like a subduction zone between two tectonic plates, each pressing against the other, this clash led to ruptures, often with long-term consequences. This ground-breaking book examines a series of notable criminal trials in order to understand how the indiscriminate application of English criminal law in New Zealand during the 19th century shaped the landscape of contemporary society. These trials partially explain why Maori continue to be adversely affected by this country's criminal justice system, and also expose the punitive way in which English criminal law was applied during the pre-colonial and colonial eras - a trait that is never far from the surface of modern New Zealand society.
Extradition Law in New Zealand is a descriptive and analytical statement of the laws and court practices of extradition in New Zealand. It aims to simplify the complex conditions and processes of extradition and balancing of criminal activity and the human rights of the person whose extradition is requested while following a logical progression of extradition proceedings. This is the first text focussed on extradition in a domestic context. It includes in-depth analysis of the Minister of Justice v Kyung Yup Kim [2019] NZSC 100 case and will incorporate the forthcoming Kim Dotcom Supreme Court decision.