The court said a prison sentence was ‘manifestly unjust’, but it had no alternative, explains Andrew Geddis. In some New Zealand prison sits a man called Daniel Clinton Fitzgerald. He has been behind bars since December of 2016. Unless something happens, of which more later, he may stay there until December 2023. All because he … Read more
Today’s news that the mosque shooter will represent himself at his sentencing next month has raised fears he plans to use it as a platform for his hateful views. But the judge may have other ideas, write Otago University professors Danica McGovern and Andrew Geddis In March of this year, the man responsible for last … Read more
If you’re like most New Zealanders, you probably don’t know the name of the country’s most powerful judge. And that’s nothing to be ashamed of, writes University of Otago law lecturer Marcelo Rodriguez Ferrere. Here’s a test for you: name New Zealand’s chief justice. Click on the link to find out the answer! Did you … Read more
The trial of the man accused of Grace Millane’s murder is unlike any other in New Zealand history, recounted in micro-beats, each one tweeted and push-notified. Anna Connell asks what it’s doing to justice. It was a story that horrified New Zealand. In December last year, the news of the death of Grace Millane, a … Read more
The Court of Appeal has decided that China’s criminal justice system is so flawed that a murder suspect living in New Zealand should not be extradited there. That’s an extraordinary development in the already strained NZ-China relationship, writes law professor Andrew Geddis. I am fortunate enough to be a citizen of three countries – New … Read more
The ruling that Mariya Taylor must pay almost $30,000 to her abuser shows just how much our legal system needs to be overhauled. But, asks the director of Otago University’s Legal Issues Centre, what can we do for women like her in the meantime? The costs decision in Taylor v Roper has invoked strong feelings that an … Read more
The absurd ruling that Mariya Taylor must pay almost $30,000 to her abuser, a notorious child rapist, is just the latest outrage revealing a stacked legal system beyond mere reform, writes Madeleine Holden This week has dealt another blow to anyone clinging to the idea that New Zealand’s legal system can provide just outcomes to … Read more
This week the Supreme Court dipped its toes into the troubled waters of the Crown’s settlement negotiations with Hauraki iwi in a decision on whether or not Ngāti Whātua can challenge elements of that settlement in court. Lawyer and mediator Baden Vertongen (Ngāti Raukawa) peels back the complex layers of that decision. In 2006, Ngāti Whātua sought to … Read more
US prisoners went on strike last week to protest the exploitation of their labour. And the conditions they’re protesting aren’t that different to those in New Zealand. Starting on August 21st, hundreds of prisoners in dozens of American prisons declared they were going on nationwide strike. Jailhouse Lawyers Speak, an organisation of prisoners’ rights advocates … Read more
As the government is forced into retreat over its planned repeal of the three strikes law, it’s worth remembering just why it needs to go. The government’s plan to repeal the three strikes law may be dead (for now), but as long as it stays on the books, the reasons for the initial impetus to … Read more
Earlier this month the government cancelled the New Zealand passport of a woman living in Australia, citing classified security concerns. Stripping a NZ citizen of their passport might seem unprecedented – but it’s happened before, writes David Belgrave. Most of us in New Zealand believe that we have a basic right to travel outside the … Read more
A High Court hearing was this week shut off to everyone, including media – something even the judge calls ‘anathema to the fundamental concepts of fairness’. Andrew Geddis explains what’s going on. Something quite strange is happening at the High Court in Wellington this week. Journalists doing their regular rounds of that place’s pathos, bathos, … Read more
It’s the biggest scandal to rock the legal profession in years. Yet the official response to the Russell McVeagh revelations has been woefully inadequate, says special counsel Linda Clark. I work with a group of simply terrific young women. They are bright, engaging, hard working and professional. These women – and so many others like … Read more
A bold new book sees women rewriting historical judgments and dismantling how our legal framework is seen in indigenous and feminist terms. We hear much about the growing economic inequality in our society but rarely do we hear about how accepted frameworks, such as the rule of law and the associated legal system, contribute to … Read more
Fair access to the judicial system is societal linchpin, but there’s an increasing divide between those who can afford good legal representation and those who can’t. Adam Goodall looks at how the legal profession has been trying to raise the alarm. Back at the start of August, Chief Justice Dame Sian Elias gave a speech … Read more
Faced with an absurdly rigid obligation to issue a prison sentence for a relatively minor offence, Justice Toogood deployed every drop of discretion available, writes Andrew Geddis New Zealand has had a “three strikes” sentencing regime in place for some six years now. At the time of its introduction, it was sold as a measure to … Read more
Aaron Smith’s indiscretions have been the biggest media story of the week. But lawyer Natalya King believes both the couple who made the recording and the outlets which broke the story may have committed an invasion of privacy. Amidst the red-eyed rage that greeted the news that All Blacks have sex – and sometimes have … Read more
The $925,000 government payout is intended to close a long and messy chapter in the David Bain whodunnit, though it will only reiginte the eager Bainologists. Law professor Andrew Geddis explains how we ended up here. In a perhaps vain attempt to replicate Kang’s (in the guise of Bob Dole) solution to another intractable issue … Read more
Kamal Reddy is going to jail following the successful use of the controversial ‘Crime Scenario Undercover Technique’. What does our highest court have to say about its use? Sorry, you’re not allowed to know that yet, writes Andrew Geddis Kamal Reddy is an undeniably bad man. Last month a jury decided that, back in late … Read more
This afternoon, Cameron Slater’s name suppression was lifted in a case regarding his conspiring to hack The Standard website. To mark the occasion, here are some of the fearless Whaleoil blogger’s previous posts about name suppression. It’s like 10,000 Whales when all you need is a knife. However Alanis would have styled it, today is a … Read more
Opinion: By issuing a blanket ban because an age restriction would be “impracticable”, the Office of Film and Literature Classification has dangerously overdone it, putting drivers of the vans on a par with child sex offenders, writes Graeme Edgeler. Last week, the Office of Film and Literature Classification declared three Wicked Campers vans “objectionable” because … Read more
Few of us can refrain from speculation when faced with a crime story like Making a Murderer and Serial – or Mark Lundy or David Bain. Elizabeth Beattie talks to New Zealand legal experts about the influence of social media on our most high profile trials. Had a conversation about Teresa Halbach’s RAV4 lately? What about Adnan … Read more