'The Universal Declaration of Human Rights, adopted while the world remained deeply shocked by the atrocities committed during the Second World War, was an inspirational creation. ... It is hard to conceive of this document being adopted today. Like most other nations, New Zealand has succumbed to a kind of world-weary acceptance that full enjoyment of universal human rights remains a distant dream.' Preface, Dame Silvia Cartwright, PCNZM, DBE, QSO New Zealand is proud of its human rights record with good reason. It was the first country in the world to give women the vote and it played a prominent part in the establishment of the United Nations and the Universal Declaration of Human Rights. New Zealand recently took a leading role in the creation of the world’s newest human rights treaty, the Convention on the Rights of Persons with Disabilities. But just how good are things in practice? Are our governments living up to the promises they make when they ratify human rights treaties? Human Rights in New Zealand is a comprehensive survey of the seven major international human rights treaties which New Zealand has signed and ratified, as well as the Universal Periodic Review. Based on four years of research, undertaken with the support of the New Zealand Law Foundation, this book concludes that significant faultlines are emerging in the human rights landscape. It sets out an agenda for change with recommendations for practical action.

The text takes the perspective of international human rights law, describes what it requires, and then analyses the extent to which New Zealand law complies with it. It is intended to be an authoritative text that can be cited in courts and be the book of choice for human rights courses; it should also play a role in the development of New Zealand law by reference to international human rights standards. Written by many of New Zealand's leading human rights law experts, the tone and content of the chapters combines the substance of sound legal academic analysis with the practicality of a book that can be used in practice by judges, lawyers, NGOs and activists. The book will appeal to both the academic and practitioner markets.

The New Zealand Yearbook of International Law is an annual, internationally refereed publication intended to stand as a reference point for legal materials and critical commentary on issues of international law. The Yearbook also serves as a valuable tool in the determination of trends, state practice and policies in the development of international law in New Zealand, the Pacific region, the Southern Ocean and Antarctica and to generate scholarship in those fields. In this regard the Yearbook contains an annual ‘Year-in-Review’ of developments in international law of particular interest to New Zealand as well as a dedicated section on the South Pacific. This Yearbook covers the period 1 January 2018 to 31 December 2018.

Written in a lively style, the commentary contains a detailed analysis of this short, but important piece of constitutional legislation. To make it as accessible to readers as possible each chapter of the book follows a pattern of outlining similar provisions in comparable human rights systems (domestic and international), discussing the purposes of each right or provision in issue, engaging in a detailed examination of the meaning of the text of each provision, examining the extent to which justified limits can be placed on guaranteed rights and freedoms, and concluding by considering issues related to remedies where relevant.

Public International Law: A New Zealand Perspective is a major work for students of the public international law elective, practitioners and large firms with global practices. This book examines the events and cases that have affected New Zealand as a nation and as a Pacific island, and espouses the fundamental principles of international law from this perspective. New Zealand experience and interests with international law differ from the European- or US-centric studies for reasons of geographical and regional needs. This book looks at developing understanding of compliance with, rather than enforcement of, international law principles, with each chapter containing a case study and list of additional readings that can aid understanding of the topic covered. The author panel is overflowing with New Zealand international law experts, who have provided academically rigorous content relevant to New Zealand and the Pacific Rim.

1: Introduction 2: Human rights, private international law, and their interaction 3: The right to a fair trial 4: The right to a fair trial and jurisdiction under the EU rules 5: The right to a fair trial and recognition and enforcement of foreign judgments under the EU rules 6: The right to a fair trial and jurisdiction under national rules 7: The right to a fair trial and enforcement and recognition of foreign judgments under the traditional English rules 8: The right to a fair trial and private international law: Concluding remarks 9: The prohibition of discrimination and private international law 10: Freedom of expression and the right to respect for private life: International defamation and invasion of privacy 11: The right to marry, the right to respect for family life, the prohibition on discrimination and international marriage 12: Religious rights and recognition of marriage and extra-judicial divorce 13: Right to respect for family life and the rights of the child: International Child Abduction 14: Right to respect for private and family life and related rights: Parental status 15: The right to property, foreign judgments, and cross-border property disputes 16: Overall conclusions.

Mental Capacity Law in New Zealand is a comprehensive text on the legal position of people who lack capacity, in many different contexts, including their position regarding health care, residential placement, property management, and participation in legal proceedings. General Editors Iris Reuvecamp and John Dawson have assembled a team of subject matter experts from both legal and medical backgrounds who cover all major areas of the law of mental capacity in New Zealand (except the criminal law).

This volume of the Indigenous Justice series explores the global effects of marginalizing Indigenous law. The essays in this book argue that European-based law has been used to force Indigenous peoples to assimilate, has politically disenfranchised Indigenous communities, and has destroyed traditional Indigenous social institutions. European-based law not only has been used as a tool to infringe upon Indigenous human rights, it also has been used throughout global history to justify environmental injustices, treaty breaking, and massacres. The research in this volume focuses on the resurgence of traditional law, tribal–state relations in the United States, laws that have impacted Native American women, laws that have failed to protect Indigenous sacred sites, the effect of international conventions on domestic laws, and the role of community justice organizations in operationalizing international law. While all of these issues are rooted in colonization, Indigenous peoples are using their own solutions to demonstrate the resilience, persistence, and innovation of their communities. With chapters focusing on the use and misuse of law as it pertains to Indigenous peoples in North America, Latin America, Canada, Australia, and New Zealand, this book offers a wide scope of global injustice. Despite proof of oppressive legal practices concerning Indigenous peoples worldwide, this book also provides hope for amelioration of colonial consequences.

Does human rights law help us to define who qualifies as a refugee? If so, then how? These deceptively simple questions sit at the heart of an intense contemporary debate over whether, or how, interpretation of the refugee definition in the Refugee Convention should take account of human rights law. In Human Rights and the Refugee Definition, Burson and Cantor bring a fine-grained comparative perspective to this debate. For the first time, they collect together in one edited volume over a dozen new studies by leading scholars and practitioners that explore in detail how these legal dynamics play out in a range of national and international jurisdictions and in relation to particular thematic challenges in refugee law.