scholarly journals To Rest in Peace: a Proprietary Analysis of the Treatment of Human Bodies after Death

2021 ◽  
Author(s):  
◽  
Molly Woods
Keyword(s):  
Decision Making ◽  
New Zealand ◽  
Supreme Court ◽  
Human Body ◽  
Family Members ◽  
Property Right ◽  
Court Case ◽  
Next Of Kin ◽  
Family Experience ◽  
Supreme Court Case

<p>This paper deals with the issue of recognising a property right in the human body after death. It advocates that such a right is appropriate given the need for family members to have increased control over the treatment of their loved one's remains. Thus a property right over human corpses is proposed, in favour of the next of kin, for the purposes of ensuring proper burial. This conclusion was reached after consideration of the recent New Zealand Supreme Court case Takamore v Clarke, the Gravatt family experience and Toi Moko. Themes present in this paper include the primacy of the wishes of the surviving over those of the dead and the significance of communal decision-making in matters concerning death and grief.</p>

scholarly journals To Rest in Peace: a Proprietary Analysis of the Treatment of Human Bodies after Death

2021 ◽  
Author(s):  
◽  
Molly Woods
Keyword(s):  
Decision Making ◽  
New Zealand ◽  
Supreme Court ◽  
Human Body ◽  
Family Members ◽  
Property Right ◽  
Court Case ◽  
Next Of Kin ◽  
Family Experience ◽  
Supreme Court Case

<p>This paper deals with the issue of recognising a property right in the human body after death. It advocates that such a right is appropriate given the need for family members to have increased control over the treatment of their loved one's remains. Thus a property right over human corpses is proposed, in favour of the next of kin, for the purposes of ensuring proper burial. This conclusion was reached after consideration of the recent New Zealand Supreme Court case Takamore v Clarke, the Gravatt family experience and Toi Moko. Themes present in this paper include the primacy of the wishes of the surviving over those of the dead and the significance of communal decision-making in matters concerning death and grief.</p>

scholarly journals Rogers v Television New Zealand Ltd: Police And the Release of Information to the Media

2009 ◽  
Vol 40 (2) ◽  
pp. 507
Author(s):  
Laura Tidey
Keyword(s):  
New Zealand ◽  
Supreme Court ◽  
Code Of Conduct ◽  
Court Case ◽  
The Supreme Court ◽  
Supreme Court Case ◽  
The Media ◽  
Release Of Information ◽  
Flow Of Information ◽  
Official Information

This article considers the flow of information from the police to the media in light of the Supreme Court case of Rogers v Television New Zealand Ltd (Rogers). While the police were not party to the action, and the conduct of the police was not relevant to the case argued, the Court was critical of the actions of the police.  This article looks at the extent to which information gathered by the police and intended to be used as evidence is released by the police to the media; it finds that such information is frequently released. The article looks at the relevant law including Police Regulations, internal police rules and Code of Conduct, breach of confidence, contempt of court, and the Official Information Act 1982. The circumstances of the Rogers case are analysed in light of the relevant law and potential breaches are identified. The article concludes that the law relating to police release of information to the media needs to be clarified and that clearer, enforced police guidelines may achieve this.

scholarly journals The Pre-History of the English Laws Act 1858: Mcliver v Macky (1856)

2010 ◽  
Vol 41 (3) ◽  
pp. 361 ◽  
Author(s):  
David V Williams
Keyword(s):  
New Zealand ◽  
Supreme Court ◽  
British Empire ◽  
Court Case ◽  
General Application ◽  
South Wales ◽  
The Supreme Court ◽  
Supreme Court Case ◽  
History Of ◽  
English Law

The English Laws Act 1858 declared the reception date for the arrival of English law and statutes of general application in New Zealand to be 14 January 1840. This Act was passed because the New Zealand Supreme Court had decided the Wills Act 1837 (UK) did not apply in New Zealand. New Zealand was annexed to the British Empire as a dependency of New South Wales with a reception date in 1825 or 1828. The Supreme Court case that so decided was McLiver v Macky (1856). The New Zealand Law Foundation's 'Lost Cases Project' ascertained that this judgment was fully reported in an Auckland newspaper – The Southern Cross. This article examines the facts of the case and the reasoning of Acting Chief Justice Stephen as to the basis for British sovereignty in New Zealand and the application of English law to British subjects here.

scholarly journals The Dilemma Caused by Delusional Defendants

2015 ◽  
Vol 46 (3) ◽  
pp. 811
Author(s):  
David Collins
Keyword(s):  
New Zealand ◽  
Supreme Court ◽  
Criminal Procedure ◽  
Court Case ◽  
Supreme Court Case ◽  
Mentally Impaired ◽  
The Right ◽  
The Way

This article explains the dilemmas that arise when a defendant, who is prone to delusional episodes but nevertheless fit to stand trial, elects to exercise the right to represent themself. It examines the background to the criteria for determining if a defendant is fit to stand trial under the Criminal Procedure (Mentally Impaired Persons) Act 2003, and then analyses the way those criteria have been interpreted in New Zealand. The difficulties caused by the New Zealand approach are then analysed in more detail by reference to the leading 2008 Supreme Court case of Cumming v R, which involved a delusional defendant who represented himself and who was subsequently found to have been unfit to stand trial.

Definition

2017 ◽  
Author(s):  
Martin Camper
Keyword(s):  
Supreme Court ◽  
Court Case ◽  
Legal Interpretation ◽  
Single Term ◽  
Supreme Court Case

Chapter 3 explores the interpretive stasis of definition, where there is a question concerning the intended or appropriate scope of the basic sense of a term in a text. The chapter shows how rhetors, by persuasively articulating a definition and resorting to various lines of argument, can shift the meaning of passages and reframe controversies hinging on a text’s interpretation by adjusting the scope of a single term. But only linchpin terms (similar to Burke’s and Weaver’s ultimate terms) have this governing quality. The chapter’s central example consists of oral arguments from the 2010 Supreme Court case McDonald v. City of Chicago that ultimately determined US citizens have a fundamental right to bear arms. The case partly rested on whether the Fourteenth Amendment’s phrase privileges or immunities, generally protected from state infringement, includes this right within its scope. The centrality of definitional disputes to legal interpretation is also considered.

Video as Text/Archive

2019 ◽  
pp. 778-797
Author(s):  
Bennett Capers
Keyword(s):  
Supreme Court ◽  
Court Case ◽  
The Supreme Court ◽  
Surveillance Cameras ◽  
American Law ◽  
Supreme Court Case ◽  
History Of ◽  
Constitutional Protections

This chapter focuses on a few issues related to video evidence and law, especially with respect to American law. The first issue is the history of the use of video evidence in court. The second issue involves constitutional protections regarding the state’s use of surveillance cameras. The chapter then turns to the Supreme Court case Scott v. Harris to raise concerns about the use of video evidence as not just proof but “truth.” These are of course just a sampling of the issues that the topic of video evidence could raise. The hope is that this chapter will spur further inquiry on the part of the reader.

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