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Briggs, Margaret; Dawson, John --- "Introduction: Symposium Issue on New Zealand Public Law" [2007] OtaLawRw 1; (2007) 11 Otago Law Review 349

Introduction

This issue of the Otago Law Review breaks from recent tradition. For the first time in seven years^[1] we have issued a symposium edition focusing on a particular area of the law. The theme is New Zealand public law.

The motivation for our thematic approach may be attributed, at least in part, to three addresses published in the Otago Law Review last year wherein the authors gave their views on certain current public law issues in New Zealand (see Jeremy Waldron, “The Half-Life of Treaties: Waitangi, Rebus Sic Stantibus”[2] ; John Smillie, “Who Wants Juristocracy?”[3] ; and Andrew Geddis, “Representative Democracy: What’s the law got to do with it?”^[4]). The addresses stirred some energetic debate and reminded us how important matters of public law are to many sectors of the community. This year we decided to see if we could extendthat debate further.

Initially, we proposed to dedicate only part of the 2007 edition to matters public. So some of the contributors to this edition were invited to share their views on issues of public law of particular interest to them.^[5] But we then received papers from a number of other contributors containing what might broadly be described as a public law thesis.^[6]

Special mention must also be paid to this year ’s F.W. Guest Memorial Lecturer, Justice John Hansen, who considers the topic of “Courts Administration, the Judiciary and the Efficient Delivery of Justice”. Justice Hansen was invited to give the lecture well in advance of any plans we had to give this edition of the Review a “theme”. It is therefore by good fortune rather than design that his Honour ’s address also examines public law concerns.

In summary, from our original, more modest ambitions, of setting aside a portion of the Review for the consideration of public law, we found ourselves in the fortunate position of dedicating almost the whole issue to this subject.

The only exception is the Joshua Williams Memorial Prize Essay. This prize is awarded on the recommendation of the Council of the Otago District Law Society

for the student essay which, in the Council’s opinion, makes a significant contribution to legal knowledge and meets the requirements of sound legal scholarship. The Otago Law Review occasionally publishes the winning article. This year, we publish the 2005 prize winning article by Kellee Clark, which examines the rule against perpetuities.^[7]

^[1] The most recent previous symposium issue, addressing issues on “Certainty and the Law”, was published in 2000: “Symposium Issue on Certainty and the Law” (2000) 9 Otago LR.

^{[2] Jeremy Waldron, F.W. Guest Memorial Lecture 2005, “The Half-Life of Treaties:}

^{Waitangi, Rebus Sic Stantibus” [2006] OtaLawRw 1; (2006) 11 Otago LR 161.}

^{[3] John Smillie, “Who Wants Juristocracy?” [2006] OtaLawRw 2; (2006) 11 Otago LR 183.}

^{[4] Andrew Geddis, “Representative Democracy: What’s the law got to do with it?” [2006] OtaLawRw 3; (2006) 11 Otago LR 197.}

^{[5] These include Lord Cooke of Thorndon, the Rt. Hon Sir Geoffrey Plamer, Claudia Geiringer and David McGee.}

^{[6] These include the paper by James Allan, Grant Huscroft and Nessa Lynch and that by Jeremy Finn.}

^{[7] Kellee Clark, “The Rule Against Perpetuities”.}