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New Zealand Yearbook of New Zealand Jurisprudence

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Editor --- "Notes on contributors" [2011] NZYbkNZJur 19; (2010-2011) 13-14 Yearbook of New Zealand Jurisprudence 254

Last Updated: 25 April 2015


Helen Aikman QC was admitted to the bar in 1982 and has an LLB (Hons) from Victoria University of Wellington and a BA from the University of the South Pacific in Suva, Fiji. She specialises in public law, including constitutional and international law issues, human rights and regulatory matters, and Treaty of Waitangi issues. She was a Law Commissioner with the New Zealand Law Commission, where she was involved in reports on Māori governance, custom and human rights in the Pacific and the reform of law relating to public inquiries. Previously, she worked for 10 years at Crown Law Office as a member of the Treaty and International team, leader of the Commercial Regulatory team and Deputy Solicitor-General (Constitutional). Helen has represented the Government in a number of major Treaty and other cases. She was appointed as a Queens Counsel in 2005. For many years she represented the New Zealand Government at meetings of the Pacific Islands Law Officers Network (PILON) and has been a faculty member for the PILON and NZLS litigation skills courses. She has also worked as a Principal State Solicitor in Samoa and in Wellington firms, where she had a general civil and criminal law practice.

Hon Sir David Baragwanath KNZM, QC was appointed a Judge of the High Court of New Zealand in 1995, President of the New Zealand Law Commission in 1996, and to the New Zealand Court of Appeal in 2007, stepping down from the New Zealand bench in July 2010. After graduating from the Auckland University Law School he obtained a Rhodes Scholarship and earned a Bachelor of Civil Law from Oxford University. He practised first as a partner in the law firm Meredith Connell and then as a barrister. He also became a New Zealand member of the Permanent Court of Arbitration at The Hague. In October 2010, it was announced Justice Baragwanath had been appointed one of five appeal judges of the United Nations Special Tribunal for Lebanon. Judge Baragwanath was elected President of the Tribunal on 10

October 2011, following the retirement of Judge Antonio Cassese on grounds of ill health. He was appointed Queen’s Counsel in 1983 and made a Knight Companion of the New Zealand Order of Merit in the New Year Honours announced on 31 December 2010.

Richard Benton studied history at the University of Auckland (BA 1960) and aspects of Northern Māori tradition and political history under the guidance of some senior traditional experts before completing an MA (1968) and PhD (1972) in Linguistics at the University of Hawai‘i (Mānoa). After finishing his doctoral fieldwork he spent a year in Sulu, Philippines (1970-71) as a consultant on social science education at Notre Dame of Jolo College. He then spent 25 years with the New Zealand Council for Educational Research (1971-

1996) and wrote and lectured extensively in New Zealand and internationally on language policy, bilingual education and related matters, with a focus on the status of local and international languages in education and government. He was also one of the New Zealand representatives to the Polynesian Languages Forum at its initial meetings in Aotearoa, Tahiti and Hawai‘i. In

1991 he was Sumi Mackey Alumni Fellow at the East West Center. More recently he has been Deputy Director of the Centre for Maaori Studies and Research of the University of Waikato (1996-1999), Director of the James Henare Māori Research Centre at the University of Auckland (1999-2003), and Adjunct Professor with Te Mātāhauariki Institute at the University of Waikato (2004-2007). He is currently President of the Polynesian Society, an Honorary Lecturer in the Faculty of Law, the University of Waikato and a member of the International Advisory Panel of Terralingua.

Hon Sir Edward Taihakurei Durie KNZM graduated with a BA, LLB from Victoria University in 1964 and was a partner in the firm of Murray, Dillon, Gooch & Durie in Tauranga from 1964 to 1974. He was appointed a judge of the Māori Land Court in 1974 and Chief Judge of the Court from 1981 to

1998. Also in 1981 Justice Durie became Chairman of the Waitangi Tribunal and held this position until 2002. In 1998 he was appointed to the High Court bench in Wellington and took up a position in the Law Commission in July

2004. He is now in active retirement based in the Wellington region.

John Farrar LLB (Hons), LLM, LLD (University of London), PhD (University of Bristol) is currently Emeritus Professor of Law, Bond University, Queensland, Professor of Corporate Governance at The University of Auckland Business School and joint Director of the New Zealand Governance Centre. He has extensive experience in commercial law reform; is general editor of Company and Securities Law in New Zealand (Thomson Brookers) and the author of Corporate Governance: Theories, Principles and Practice (OUP). Professor Farrar was previously Dean of Law at the University of Canterbury, Bond University and the University of Waikato. He was a member of the Legislation Advisory Committee 2004-2008.

Hon Caren Fox. Deputy Chief Judge Caren Fox (née Wickliffe) was appointed in 2000 as a judge of the Māori Land Court resident in the Tairawhiti and Waiariki districts. She was also appointed as an Alternate Environment Court judge in 2009. Prior to her first appointment as a judge, she had been a lecturer in law at Victoria University, and a Senior Lecturer in law and Director of Graduate Studies at the University of Waikato. In addition, she acted as legal counsel for Treaty claimants and Māori land clients. She was appointed Deputy Chief Judge of the Māori Land Court in February 2010. A specialist in international human rights, Judge Fox was a Harkness Fellow to the USA

from 1991 to 1992 and a Pacific Fellow in Human Rights Education employed by the Commonwealth Fund for Technical Co-operation 1997-1999. For her work in human rights she won the New Zealand Human Rights Commission

2000 Millennium Medal. Judge Fox was appointed to the Waitangi Tribunal in 2000. She has been a presiding officer for the Aquaculture claims, the Te Arawa Mandate and Settlement claims, the Haane Manahi claim and the Central North Island Stage 1 claims. She is currently the presiding officer for the Central North Island Stage 2 claims, the Porirua ki Manawatu claims and the Kōhanga Reo Urgent Inquiry.

Dr Alex Frame LLD (VUW) is a barrister and public law teacher, and advises extensively on constitutional questions in the South Pacific, and on Treaty of Waitangi matters in New Zealand. Most recently he has been Professor of Law at the University of Waikato, and Director of Te Mātāhauariki Research Institute, engaged in a study of customary law. His biography of Sir John Salmond (1862-1924), Salmond: Southern Jurist, was published by Victoria University Press in 1995 and was awarded the E.H. McCormick Prize at the 1996 Montana Book Awards as well as the University of Auckland Law Foundation’s J.F. Northey Prize for best legal publication in the same year. In 2002 Alex completed a study of the way in which our legal system might better reflect Māori customary law: Grey and Iwikau – A Journey into Custom was published by Victoria University Press in that year.

Hon Justice Paul Heath graduated LLB in 1978 from the University of Auckland. He was admitted to the bar in 1978 and joined the Department of Justice at Auckland as an investigating solicitor. In 1981 he moved to Stace Hammond Grace and Partners and became a partner of the firm in 1983. He was admitted to the Australian Capital Territory bar in 1990. He retired as a partner of Stace Hammond Grace and Partners in 1995 but continued his association with the firm as a consultant until commencing practice as a barrister sole in

1998. Justice Heath was a consultant to the New Zealand Law Commission from 1997 to 1999 and was then appointed a part-time Commissioner for three years. He was appointed Queen’s Counsel in 1998 and a High Court judge in 2002. He sat as a Judge of the Court of Appeal of Vanuatu in 2011. Justice Heath is based at the Auckland High Court.

Robert Joseph graduated LLB in 1996, and LLM in 1998 at the University of Waikato; and was admitted to the Bar as a Barrister and Solicitor of the High Court of New Zealand in 1998. He was a senior research fellow for the Te Mātāhauariki Research Institute at the University of Waikato under the leadership of Judge Michael Brown and Dr Alex Frame. In 2006 he became the second Māori – and the first Māori male – to graduate with a PhD in Law. Dr Joseph is currently a law lecturer at Te Piringa-Faculty of Law at

the University of Waikato. Dr Joseph’s research interests include: Māori and Indigenous governance; Indigenous Peoples’ internal self-determination rights and responsibilities; Indigenous water rights; the interface of traditional Māori knowledge systems and Western science; Canadian and North American Indigenous studies; Treaty of Waitangi settlement processes and post-settlement development; constitutionalism, and land law. He is currently writing a biography of his paternal tūpuna (ancestors) who fought at the 1864

Battle of Orakau during the Waikato Wars.

Melody Kapilialoha MacKenzie is an Associate Professor of Law and Director of Ka Huli Ao Center for Native Hawaiian Law at the William S. Richardson School of Law, University of Hawai‘i at Mānoa. After receiving her law degree in 1976, Professor MacKenzie served as a law clerk to Chief Justice William S Richardson of the Hawai‘i Supreme Court. In 1980, she joined the staff of the Native Hawaiian Legal Corporation (NHLC), a public interest law firm protecting and advancing the rights of Native Hawaiians. She served as NHLC’s Executive Director and as a senior staff attorney. Currently, Professor MacKenzie teaches Native Hawaiian Rights, the Native Hawaiian Rights Clinic, and Legal Writing. She is also project coordinator and chief editor for the forthcoming second edition of the Native Hawaiian Rights Handbook, which she originally edited and helped to write, and is a contributor to the 2005 edition of Felix S Cohen’s Handbook of Federal Indian Law. She has worked on cases asserting Hawaiian traditional and customary rights, dealing with land issues, and defending the constitutionality of Native Hawaiian programmes.

Guy Powles BA, LLB, LLM (Hons) (VUW), PhD (ANU), is a Senior Research Fellow in the Faculty of Law, Monash University, Melbourne, having retired from teaching in 2001, and is currently engaged in consultancies and the supervision of theses on Pacific topics. His primary field of interest is the law and custom of the peoples of the Pacific Islands (including PNG), and the historical development of their constitutions, having particular regard to the interaction between cultural values and traditional institutions, on the one hand, and Western legal concepts and notions of the state, on the other. He has practiced law in New Zealand (1958-74), the UK (1971) and Australia (1979-99), and held judicial appointments in Samoa and the Federated States of Micronesia. At Monash he taught Pacific Comparative Law for 20 years and helped to develop the clinical law programme while teaching subjects concerning the legal profession and legal ethics. Dr Powles was visiting fellow at the Universities of Warwick and Hawai’i, and involved in the establishment of the Law School of the University of the South Pacific in Vanuatu where he taught Customary Law for several years and supports research. Dr Powles has regularly presented papers at regional conferences, including annual meetings

of Pacific Islands Legal Officers Meetings (PILOM) and Australasian Law Teachers Association (ALTA). He has most recently served as constitutional consultant to the governments of Tonga and Nauru.

Wayne Rumbles graduated BA/LLB in 1997 with a major in History and English Literature. He completed LLM (Distinction) from the University of Waikato in 1998. He spent three years working in community law and worked for Te Mātāhauariki Research Institute for 10 years on the Laws and Institutions for Aotearoa/New Zealand project. Mr Rumbles is a Senior Lecturer in Law at the University of Waikato and teaches in the areas of Crime, Criminology and Evidence. He also teaches the specialist fourth and fifth-year papers in Cyber Law. His research and supervision interests include new technologies as they interface with the law; Indigenous rights especially in relation to criminal law; Media and the law; Cyber-Crime especially in relation to Virtual Worlds, Human Trafficking, Organised Crime, and Sentencing of criminal offences.

Sir Anand Satyanand GNZM, QSO, KtStJ was the 19th Governor-General of New Zealand. He graduated with a Bachelor of Laws from the University of Auckland in 1970. He worked as a lawyer for the next 12 years, initially for Greig, Bourke and Kettelwell. Later he worked as a barrister for the Crown Law Office. He served on the Council of the Auckland District Law Society from 1979 until his appointment as a judge of the District Court of New Zealand in 1982. In 1995 he was appointed an ombudsman and he served two five-year terms. Between 2005 and at the time of his appointment as Governor-General he chaired the Confidential Forum for Former In-Patients of Psychiatric Hospitals. He was a member of the Advisory Panel to Te Mātāhauariki Institute from 1998 to 2006.

Claire Slatter, PhD is the Head of the School of Social Sciences at the Fiji National University where she teaches ethics. She attained her PhD in Public Policy from Massey University and her MA in Political Science from the Australian National University. She taught politics for 17 years at the University of the South Pacific, where she attained her first degree. Claire has a background in feminist, anti-nuclear, trade union and constitutional activism and is a founding member of the Citizens’ Constitutional Forum in Fiji. She is also a founding member, and Chair of the Board, of the South feminist network Development Alternatives with Women for a New Era (DAWN).

Dr Tamasailau Suaalii-Sauni (PhD Sociology, LLB, University of Auckland) is currently a Senior Lecturer with the Vaaomanu Pasifika Unit, Pacific and Samoan Studies Programmes, School of Social and Cultural Studies, Faculty of Humanities and Social Sciences, Victoria University of Wellington. From

2009 to 2011 she was based as a Senior Research Fellow at the National

University of Samoa (NUS) in Vaivase, Upolu, working for the Centre for

International Health, University of Otago, in partnership with NUS. Prior to moving to Samoa, Tamasailau also worked for the University of Auckland as Deputy Director for the Centre for Pacific Studies, Lecturer for the Department of Sociology and Research Fellow for the then Department of Maori and Pacific Health. She also held a Senior Pacific Researcher role with the Clinical Research and Resource Centre, Waitemata District Health Board, Auckland. Her research and teaching interests are in Pacific jurisprudence, Samoan indigenous knowledge, research methodologies, gender studies and mental health. Tamasailau is of Samoan descent and has genealogical connections to the villages of Saoluafata, Salani, Saleaumua, Samusu and Iva. She currently lives in Wellington with her husband Sinapati Sauni and daughter Tineifaualii.

Grant Young is the principal researcher at The History Workshop Limited and an Honorary Research Associate at Massey University. He was awarded a PhD by Massey University in History, completed in 2003, for a thesis which examined the Native Land Court and its treatment of Māori custom from 1862 to the 1920s. Dr Young also holds a Master of Arts with First Class Honours (1999) and a Bachelor of Arts (1996) from the University of Auckland. Since completing his doctorate he has worked fulltime as a researcher dealing primarily with the Court and Māori custom relating to land. Much of this work has been undertaken for Māori claimants in the Waitangi Tribunal process or Māori organisations looking to settle their treaty claims in direct negotiations with the Crown. He has also published a number of articles in refereed journals and edited collections dealing with aspects of the Native Land Court and presented several papers at conferences of historians and legal scholars on the Court and the modern treaty settlement process.

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