Tolmie et al - Criminal Law in Aotearoa New Zealand

National Library of New Zealand Cataloguing-in-Publication entry

A catalogue record for this book is available from the National Library of New Zealand.

Kei te ptengi raraunga o Te Puna Mtauranga o Aotearoa te whakarrangi o tnei pukapuka.

ISBN 9781927248225 (pbk)

9781927248553 (ebk)

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Cover photo by Emma Bass.

Disclaimer

Criminal Law in Aotearoa New Zealand has been written, edited and published and is sold on the basis that all parties involved in the publication exclude any liability, including negligence or defamation, for all or any damages or liability in respect of or arising out of use, reliance or otherwise of this book. The book should not be resorted to as a substitute for professional research or advice for any purpose.

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Between us as authors we have around 95 years experience in teaching and practising in criminal law.

Professor Julia Tolmie teaches at the University of Auckland. Prior to her appointment at Auckland in 1999, she lectured in the Faculty of Law at the University of Sydney for 10 years. Her particular expertise is in family violence, feminist legal jurisprudence and the criminal law generally. She has extensive experience in policy and reform work in relation to family violence.

Professor Kris Gledhill has been teaching at AUT Law School since 2016, and, prior to that, was at the University of Auckland for 10 years. His teaching includes criminal law and human rights law. He was in practice for 20 years before moving to academia, and retains significant links with the bar in New Zealand and the United Kingdom.

Dr Fleur Te Aho (Ngti Mutunga) has been teaching at the University of Auckland Faculty of Law since 2017. Prior to that she researched and taught at the Australian National University. Her focus is on criminal law and Indigenous peoples and the law: particularly Indigenous peoples rights under international law.

Associate Professor Khylee Quince (Te Roroa/Ngpuhi and Ngti Porou) is Dean of Law at AUT. Prior to taking up a position at AUT she was at the University of Auckland for 18 years. Her expertise is in Mori and the criminal law, Mori women and the legal system, youth justice, penal law and policy and alternative dispute resolution. Khylee has decades of experience advising government and other bodies, and engaging in media work and advocacy. She currently serves on the Parole Board.

Our names are listed on this book in order of effort (not necessarily related to importance of the contribution).

Associate Professor Quince conceptualised and contributed the tikanga, te Tiriti and history sections in that chapter.

Dr Te Aho took a very rudimentary draft of and did the hard thinking and writing work to bring it to conclusion, as well as contributing to the questions asked throughout the book.

Professor Gledhill wrote very preliminary drafts of the chapters on the property and inchoate offences and the sections on insanity and mens rea principles in 2011/2012, as well as the corporate liability section and aspects of the human rights and origins of British criminal law sections for more recently. He gave the book one editorial sweep in 2021 and cite-checked several of the chapters.

Professor Tolmie wrote preliminary drafts of the chapters on interpersonal violence offences and defences and the sections on party liability and actus reus principles in 2011/2012, as well as the section on legality principles in and the section on corporate liability). In 2021 she took the book through the editorial and publishing process, rereading it many times, as well as cite-checking several chapters. As lead author, any positions ultimately adopted in the text are hers.

The cite-checking process took place in 2021 during Aucklands longest pandemic lockdown to date. This made checking references and quotes from secondary materials difficult, and we ask readers for patience in respect of any errors that remain in the text as a result.

For a small jurisdiction, Aotearoa New Zealand already has a number of good black-letter textbooks in criminal law. With this book we hope to contribute something different. Whilst we do set out and critically discuss legal doctrine, we also endeavour to contribute to a conversation about what it might look like to start developing a criminal law that is uniquely suited to Aotearoa New Zealand sensitive to the complex constitutional foundations and social context of our country.

In particular, we acknowledge and recognise the dual whakapapa or genealogy of the two core legal traditions of the peoples of this land Mori as tangata whenua and tangata Tiriti all other peoples here in consequence of Te Tiriti o Waitangi. We represent this idea in the image on the cover of the book with the two traditions represented in separate trees, stemming from different seeds and root foundations. We are opening the door to considering what a new species might look like, grafted from those two separate entities, to create a new legal tradition that honours the origins and fundamental values of both, to the extent that that is possible.