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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
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
Posted in Animal Law, Law
Tagged Animal Law, Animal Sentience, animal welfare, Animal Welfare Act 1999, Sentience
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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
Posted in Crimes Act 1961, Law, Sentencing
Tagged Arahanga v R, Burglary, Grey v Police, Law, Nelson v Police, Newton v Police, Sentencing
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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
Posted in Legal Personality: non-human nature
Tagged Christopher Finlayson, Legal Personality: non-human nature, legal personhood, Nga Tangata Tiaki o Whanganui, Te Awa Tupua, Te Heke Ngahuru, Te Karewao, Te Koretere, Te Pou Tupua, Te Tiriti, Treaty of Waitangi, Waitangi Tribunal, Whanganui, Whanganui River
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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
Posted in Academic Work, Legal Personality: non-human nature
Tagged ALBA, Bolivarian, Bolivia, Buen vivir, Commons, constitutional transformation, counter-hegemonic globalisation, ecological governance, Ecuador, enclosures, ethno-ecological, Latin America, Legal Personality: non-human nature, legal personhood, living well, LL.M, LLM, Pachamama, subaltern cosmopolitanism, suma quamana, sumak kawsay, thesis, Venezuela, vivir bien
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