New Zealand Law Review - Published Issues - 2012 - Issue 4

Issue 4

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Table of Contents

  • Focus on Welfare: The Importance of Personal Information to Youth Justice Decisions in Aotearoa/New Zealand
    By Alison Cleland

    Aotearoa/New Zealand's youth justice system is highly regarded internationally. The restorative justice process at the heart of the system, the Family Group Conference, is widely admired. While the restorative aspects of the system are important, it is argued here that the ability of the system and its personnel to consider the welfare of young people who offend is a key strength of Aotearoa's youth justice response. This article argues that consideration of welfare requires engagement with young people's personal information. Exploration of the history and structure of the relevant legislation shows that welfare was and is a key aspect of the system. Analysis of empirical data from interviews with youth justice personnel reveals a sophisticated understanding of the importance of personal information in responding to young people in ways that will promote their welfare. The article then suggests that given the system's existing focus on welfare, it should be well placed to accommodate the new youth justice principle, which requires the causes of offending to be addressed. Since these causes lie mostly in young people's circumstances, the key to addressing causes will be found in their personal information. Should the system achieve this additional accommodation of young people's welfare, Aotearoa/New Zealand will have a further reason to be regarded as a world leader in youth justice practice.

  • Hamed, Williams and the Exclusionary Rule: Critiquing the Supreme Court's Approach to s 30 of the Evidence Act 2006
    By Scott Optican

  • Wrongdoers' Rights to Contribution in Mixed Liability Cases
    By Ben Prewett

  • The Universal Periodic Review — Is There Life Beyond Naming and Shaming in Human Rights Implementation?
    By Elvira Dominquez-Redondo

    This article examines the traditional manner in which human rights implementation has been focused on confrontational approaches, in particular on the practice of “naming and shaming”, while more cooperative models have been traditionally overlooked. Through the prism of the Universal Periodic Review (UPR) it tests the effectiveness of non-confrontational approaches to human rights implementation. The article challenges the conventional wisdom among human rights advocates that non-confrontational mechanisms are synonymous with lack of efficiency and impact, and suggests that some of the commitments made by states during the UPR process could be interpreted as potential sources of obligations under international law.

  • Contract Law
    By Andrew Beck

  • Evidence
    By Richard Mahoney

New Zealand Law Review Published Issues