Category Archives: Law

Bolea v R [2024] NZSC 46: the Supreme Court of New Zealand clarifies the position on liability to deportation in applications for discharge without conviction

Discharge without conviction A discharge without conviction under sections 106 and 107 of the Sentencing Act 2002 is a sentencing option that allows a defendant to avoid the entry of a criminal conviction on their record. It is deemed to … Continue reading

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The (extremely limited) Recognition of Animal Sentience in the Law in New Zealand

I recently went to a seminar by Associate Professor Marcelo Rodriguez-Ferrere, put on by the Auckland University Animal Law Association, about the recognition of animal sentience in New Zealand law. The recognition of the concept ‘animal sentence’ was made in … Continue reading

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Sentencing for low-end residential burglaries

In sentencing of residential burglaries, the standard case cited is the Court of Appeal decision of Arahanga v R [2012] NZCA 480, [2013] 1 NZLR 189 at [78] in which the Court held that starting points for residential burglaries (as … Continue reading

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What Does It Mean To Make a River a Legal Person?

The River That Owns Itself The Te Awa Tupua (Whanganui River Claims Settlement) Act 2017 has been passed by the Parliament of New Zealand and gives effect to the Whanganui River Deed of Settlement signed on 5 August 2014, which settles the … Continue reading

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LL.M Thesis – Resisting Enclosure: The emergence of ethno-ecological governance in a comparative study of the constitutions of Venezuela, Ecuador and Bolivia

PDF of thesis Vernon I. Tava Master of Laws Thesis The University of Auckland 2010 ABSTRACT This thesis focuses on constitutional developments within countries of the Bolivarian Alliance (ALBA) with comparative case studies on Venezuela, Ecuador, and Bolivia. These three … Continue reading

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