Rosemary Hunter

Elisabeth McDonald

Rhonda Powell

Mamari Stephens

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

Te Rino: A Two-Stranded Rope

Feminist Judgments of Aotearoa New Zealand

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

Elisabeth McDonald

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