AUT Law School

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https://hdl.handle.net/10292/10765
The AUT Law School primary objective is to be a centre of excellence for law and humanities research in New Zealand. The school has particular research strength in; Corporate Governance, Insurance Law, Family Law, Employment Law, Sports Law, Wills and Estates, and Media Law.

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    Rethinking the Place of Compulsory Community Mental Health Treatment in Aotearoa New Zealand: Implications of an Assemblage Theory Approach
    (Elsevier BV, 2024-09-01) Schneller, A; Adams, PJ; Thom, K
    Many countries with developed mental health systems permit compulsory treatment for mental illness in community settings. Research has challenged practices associated with the increased use of compulsory community treatment due to non-compliance with human rights and lack of therapeutic efficacy. In the cultural context of Aotearoa New Zealand, this paper introduces a study of the medico-legal process for making compulsory community treatment orders. Drawing on assemblage theory, our analysis critically unpacks the idea of being heard in the event of a court hearing. We illustrate how relations in-between participants, place, and things, become territorialised in ways that reproduce orders. We suggest reterritorialisation of these relations is vital to becoming heard. Rethinking the role of compulsory community treatment orders has implications for mental health law reform. This reform provides a rare opportunity to support services in avoiding compulsory treatment in practice.
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    Samoa Law Reform and Legal Pluralism: Critical Challenges to Achieving Legal Recognition of Fa’atama and SOGIEC
    (University of Canterbury, 2023) Fa’amatuainu, Bridget
    In this article, I draw attention to Samoa'.s women'.s gender quota cases which brought into question the legal and constitutional language adopted in laws, constitutional interpretation, human rights, judicial independence of the courts and rule of law in conflict with Samoan customs. What the constitutional cases demonstrate is a more modern egalitarian Samoan legal and political system which highlights how this modern conception of justice undermines the Samoan political and legal values that traditionally begin with fostering and enhancing fundamental interpersonal relations first, because it is there that we observe the modern state or community"s most fundamental values with respect to the politico-legal realm. This article argues for a critical examination of these ongoing challenges and tensions first before considering whether the best pathway for recognition of the status of fa'atama and diverse sexual orientation, gender identity expression and sex characteristics (SOGIEC) representation is achievable in Samoa.
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    Care of Children Act 2004: Continuation of Cultural Assimilation
    (Victoria University of Wellington Library, 2023-12-06) Cleland, Alison
    This article argues that the cultural assimilation of Māori family forms, originating in colonial private family laws, continues under the Care of Children Act 2004 (COCA). It finds that the opportunity to draft a law that was respectful of tikanga Māori and te Tiriti o Waitangi was lost when legislators ignored all the critiques of the operating principles and processes of the Pākehā legal system, provided by Māori during the 1980s and 1990s. The article argues that cultural assimilation continues through court decisions, since COCA principles require priority to be given to parents, with a corresponding marginalisation of whānau, hapū and iwi. The article concludes that incremental reform would be unlikely to achieve legislation that is fit for a bicultural Aotearoa New Zealand. It advocates for a transformational Māori-led family law reform process, guided by te Tiriti o Waitangi/the Treaty of Waitangi and by tikanga Māori.
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    He Ture Kia Tika - Let the Law Be Right
    (Auckland University of Technology, 2023-10) Black, Stella; Thom, Katey; Burnside, David; Hastings, Jessica; White, Shane; McKenna, Brian; Tumoana, Jeremy; Cannon, Tracey; Burke, Martin; Brookbanks, Warren; Exeter, Daniel; White, Thomas; Tua, Rob; Haitana, Jason; Lampshire, Deborah; Turner, Shelley
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