scholarly journals Courting controversy: Judges and the problems caused by extrajudicial speech

2021 ◽  
Author(s):  
◽  
Jasmin Moran
Keyword(s):  
New Zealand ◽  
Empirical Research ◽  
Case Law ◽  
Current Regulation ◽  
Conduct Codes

<p>This paper explores the problems for judicial impartiality that a judge’s extrajudicial speaking or writing on academic matters may create. Examples from New Zealand and abroad demonstrate such extrajudicial commentary may lead to a finding of apparent bias or require that a judge recuse himself from hearing a case. The current regulation of extrajudicial speech, as ascertained from judicial conduct codes and case law, provides that judges can speak and write extrajudicially on such matters but must exercise caution in the tone and language they use. The paper concludes that this is an appropriate approach and that a solution of judicial silence is undesirable. This conclusion is supported by empirical research conducted by the author which shows that the incidence of extrajudicial writing in New Zealand is low.</p>

scholarly journals Courting controversy: Judges and the problems caused by extrajudicial speech

2021 ◽  
Author(s):  
◽  
Jasmin Moran
Keyword(s):  
New Zealand ◽  
Empirical Research ◽  
Case Law ◽  
Current Regulation ◽  
Conduct Codes

<p>This paper explores the problems for judicial impartiality that a judge’s extrajudicial speaking or writing on academic matters may create. Examples from New Zealand and abroad demonstrate such extrajudicial commentary may lead to a finding of apparent bias or require that a judge recuse himself from hearing a case. The current regulation of extrajudicial speech, as ascertained from judicial conduct codes and case law, provides that judges can speak and write extrajudicially on such matters but must exercise caution in the tone and language they use. The paper concludes that this is an appropriate approach and that a solution of judicial silence is undesirable. This conclusion is supported by empirical research conducted by the author which shows that the incidence of extrajudicial writing in New Zealand is low.</p>

scholarly journals Courting Controversy: The Problems Caused by Extrajudicial Speech and Writing

2015 ◽  
Vol 46 (2) ◽  
pp. 453 ◽  
Author(s):  
Jasmin Moran
Keyword(s):  
New Zealand ◽  
Case Law ◽  
Current Regulation ◽  
Conduct Codes

This article explores the problems for judicial impartiality that a judge's extrajudicial speaking or writing on legal matters may create. Examples from New Zealand and abroad demonstrate such extrajudicial commentary may lead to a finding of apparent bias or require that a judge recuse him or herself from hearing a case. The current regulation of extrajudicial speech, as ascertained from judicial conduct codes and case law, provides that judges can speak and write extrajudicially but must exercise caution in the tone and language they use. The article concludes that this is an appropriate approach and that the alternative of judicial silence is undesirable.

scholarly journals Party Autonomy

1999 ◽  
Vol 30 (1) ◽  
pp. 257
Author(s):  
Robin Cooke
Keyword(s):  
New Zealand ◽  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Case Law ◽  
New Delhi ◽  
Party Autonomy ◽  
National Bank ◽  
Formative Experiences

This is an augmented version of a paper delivered at the International Centre for Alternative Dispute Resolution, New Delhi, in December 1998. Party autonomy describes the principle whereby the parties to a dispute have full autonomy when making their arbitration agreement. The author discusses the Arbitration and Conciliation Act 1996 of the Parliament of India, focusing on the principle of party autonomy. He describes his formative experiences to arbitration in cases like Wellington City v National Bank of New Zealand Properties Ltd, the Arbitration and Conciliation Act itself, Indian case law before the Arbitration and Conciliation Act, and a brief look at New Zealand's Arbitration Act 1996. 

Part 2 National and Regional Reports, Part 2.3 Australasia: Coordinated by Brooke Marshall, 42 New Zealand: New Zealand Perspectives on the Hague Principles

2021 ◽  
Author(s):  
Hook Maria
Keyword(s):  
New Zealand ◽  
International Law ◽  
General Position ◽  
Common Law ◽  
Case Law ◽  
Private International Law ◽  
Choice Of Law ◽  
Legislative Reform ◽  
The Hague ◽  
The Law

This chapter examines the choice of law rules that determine the law applicable to international contracts in New Zealand, comparing them to the Hague Principles. Private international law in New Zealand is still largely a common law subject, and the choice of law rules on international commercial contracts are no exception. The general position, which has been inherited from English common law, is that parties may choose the law applicable to their contract, and that the law with the closest and most real connection applies in the absence of choice. There are currently no plans in New Zealand for legislative reform, so the task of interpreting and developing the choice of law rules continues to fall to the courts. When performing this task, New Zealand courts have traditionally turned to English case law for assistance. But they may be willing, in future, to widen their scope of inquiry, given that the English rules have long since been Europeanized. It is conceivable, in this context, that the Hague Principles may be treated as a source of persuasive authority, provided they are consistent with the general principles or policies underlying the New Zealand rules.

The Relevance of the Network Approach to European Case Law

2020 ◽  
pp. 92-124
Author(s):  
Urška Šadl ◽  
Fabien Tarissan
Keyword(s):  
Empirical Research ◽  
Legal Discourse ◽  
Citation Network ◽  
Case Law ◽  
Network Approach ◽  
Court Of Justice ◽  
Legal Structures ◽  
The Law

The chapter argues that the network approach is a viable methodology in legal empirical research, which can be used to study the case law of the Court of Justice. To demonstrate this potential, the chapter: first, shows how to obtain detailed information about the law from the citation network; second, it illustrates how to assess the legal relevance of cases by looking at case citations; and, third, it explores how to infer the doctrinal influence of selected landmark cases. All examples adapt different citation network tools to the study of legal structures and legal discourse which can focus, frame, support, and guide doctrinal analysis.

Prologue: The Method and its Pitfalls

2013 ◽  
Author(s):  
Michal Bobek
Keyword(s):  
Case Studies ◽  
Empirical Research ◽  
Research Design ◽  
Case Law ◽  
Data Distortion

The chapter sets out the research design and questions for the case studies in the second part of the book. It discusses what is being examined with respect to all the systems studied and how it is achieved. Furthermore, problems encountered in doing empirical research into case law and judicial behaviour are acknowledged and the degree of potential data distortion caused by them discussed.

Researching Australian, New Zealand and Papua New Guinean Law

2014 ◽  
Vol 14 (3) ◽  
pp. 193-201 ◽  
Author(s):  
Carole L. Hinchcliff ◽  
Megan Fitzgibbons ◽  
Claudia Davies
Keyword(s):  
New Zealand ◽  
Papua New Guinea ◽  
New Guinea ◽  
Case Law ◽  
International Federation ◽  
Legal Systems ◽  
The Law ◽  
Papua New Guinean

AbstractIn this paper Carole Hinchcliff, Megan Fitzgibbons and Claudia Davies review free resources that can be used when researching the law in Australia, New Zealand, and Papua New Guinea. Background descriptions of the countries' legal systems are provided, along with brief descriptions of websites which provide access to the legislation and case law of the relevant jurisdictions. The article is based on a presentation developed by Carole, and subsequently delivered by Megan and Claudia, at the International Federation of Library Association (IFLA) meeting in August, 2013.

Constraints on the Use of Adaptive Management in New Zealand’s Resource Management

2019 ◽  
Vol 3 (1) ◽  
pp. 1-5
Author(s):  
Nicholas Kirk
Keyword(s):  
New Zealand ◽  
Resource Management ◽  
Supreme Court ◽  
Adaptive Management ◽  
Supreme Court Decision ◽  
Case Law ◽  
Management Approach ◽  
Resource Management System ◽  
The Supreme Court ◽  
Flexible Resource

This paper examines the development of adaptive management in New Zealand’s resource management case law. In particular, this paper investigates a Supreme Court decision (Sustain Our Sounds Inc v King Salmon New Zealand Co Ltd), which established a set of criteria for implementing adaptive management through New Zealand’s Resource Management Act. This paper describes King Salmon’s initial request for aquaculture permits, the Supreme Court appeal, and the Supreme Court’s justification for an adaptive management approach. Analyzing this justification, this paper explores the remaining constraints using an adaptive management approach to enable a more agile and flexible resource management system in New Zealand.

Exploring managers’ conceptions of wisdom as management practice

2015 ◽  
Vol 22 (4) ◽  
pp. 550-565 ◽  
Author(s):  
Fahad Alammar ◽  
David Pauleen
Keyword(s):  
Emotional Intelligence ◽  
New Zealand ◽  
Empirical Research ◽  
Management Practice ◽  
Senior Managers ◽  
Exploratory Investigation ◽  
Definition Of

AbstractThis paper reports on an exploratory investigation into the concept of managerial wisdom. Six senior managers from diverse and large organisations in New Zealand were interviewed about their conception of managerial wisdom. The findings show that senior managers have a practical and positive conception of wisdom consisting of four factors: experience and knowledge, emotional intelligence, mentorship, and deliberation and consultation. The findings show that concepts of ‘spirituality’, ‘religiosity’, and, perhaps somewhat surprisingly, ‘ethics’, are all absent from the participants’ descriptions of wise managers. A tentative definition of managerial wisdom is proposed based on these findings as well as an explanation for the absence of ethics. As interest in wisdom and management continues to grow, this exploratory empirical research serves as a base for further research on the understanding and place of wisdom in management.

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