The Law School - Te Kura Ture

Permanent link for this collection

https://hdl.handle.net/10292/10765
The AUT Law School - Te Kura Ture's primary objective is to be a centre of excellence in 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.

Browse

Browsing The Law School - Te Kura Ture by Subject "48 Law and Legal Studies"

Now showing 1 - 2 of 2
  • Thumbnail Image
    Item
    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.
  • Thumbnail Image
    Item
    Knowledge, Attitudes and Practices Towards Fetal Alcohol Spectrum Disorder Among Lawyers in New Zealand
    (Informa UK Limited, 2024-01-08) Chu, JTW; Wilson, H; McCormack, JC; McGinn, V; Brookbanks, W; Bullen, C
    Fetal alcohol spectrum disorder (FASD) is a developmental disability that can cause difficulties with communication, emotional regulation and executive function, making people with FASD vulnerable to adverse involvement within the criminal justice system. Justice professionals’ knowledge and attitudes of FASD is critical to identifying appropriate responses, management and sentencing in the justice system. This research aims to understand the FASD knowledge, attitudes and practices among lawyers working in the justice sector in Aotearoa, New Zealand. We conducted an online survey on the awareness, knowledge and beliefs of FASD, experience and professional practice with FASD of justice professionals working in the justice sector in New Zealand. Of the 56 participants, most were lawyers. All participants were aware of FASD but had gaps in their knowledge and few felt well prepared to support someone with FASD. There is a need to develop policies, training and support for lawyers, around FASD.
Items in these collections are protected by the Copyright Act 1994 (New Zealand). These works may be consulted by you, provided you comply with the provisions of the Act and the following conditions of use:
  • Any use you make of these works must be for research or private study purposes only, and you may not make them available to any other person.
  • Authors control the copyright of their works. You will recognise the author’s right to be identified as the author of the work, and due acknowledgement will be made to the author where appropriate.
  • You will obtain the author’s permission before publishing any material from the work.