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999 _c7957
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008 221208s2022 -nz|| |||| 00| 0 eng d
022 _2 2537-9666 (Online)
040 _aAFVC
100 _aQuince, Khylee
_98428
245 _aPapers from AUT Law School and NZWLJ Symposium “Law and gender: Beyond patriarchy” :
_cincludes articles by Khylee Quince, Annick Masselot, Phoebe Moir, Freya McKechnie, Emma Phelps, Nadia Murray-Ragg, Alice Mander and Reina Vaii. Editorial: Ella Maiden and Kat Werry. Foreword; Cassandra Mudgway and Lida Ayoubi
_bspecial edition of NZWLJ
260 _bLexis Nexis,
_c2022
300 _aelectronic document (133 pages) ; PDF file
500 _aNew Zealand Women's Law Journal - Te Aho Kawe Kaupapa Ture a ngā Wāhine, 2022, Volume VI
505 _tSistahs in arms? Mana wāhine and feminism / Khylee Quince. Keynote speech, (pages 9-23)
505 _tFeminist perspective on natural disasters responses: lessons from the Canterbury earthquakes / Annick Masselot. Abstract: What do earthquakes have to do with gender? Quite a lot. Based on the experience of the Canterbury earthquakes, this article argues that disaster emergency management and responses must necessarily be underpinned by considerations of gender equality. Earthquakes take place in the context of structural inequalities. The gender impact of natural disasters leads to unequal gender outcomes which, in turn, are further amplified by disaster emergency responses. Fundamental values, such as gender equality, are typically compromised during disaster emergency management and recovery. Gender equality is frequently dismissed as a luxury for times of plenty, while efficiency and cost are often raised as objections to including gender considerations into emergency responses. This article argues that gender-based decisions contribute to strengthened emergency response outcomes. More importantly, humanity’s very way of life, and potentially existence, depends fundamentally on the ability to make gender-based decisions at all times, including in times of natural disaster emergencies. (pages 24-42)
505 _tTransforming women-only spaces: law, policies and realities of trans inclusion in women-only safe houses in Aotearoa New Zealand / Phoebe Moir. Abstract: Women-only spaces such as safe houses (or women’s shelters) have always been places of safety and freedom for women to come together and empower each other without the influence of men. Recently, there has been a movement to exclude trans women from such spaces. While safe houses in Aotearoa New Zealand are generally inclusive of trans women, there are further practical measures which can be implemented to better support this inclusion. This paper begins by discussing the law in Aotearoa New Zealand relating to trans rights and comparing this to the law in the United Kingdom, then analyses arguments against trans inclusion and explains why they do not stand under scrutiny. This paper then analyses how to support inclusive policies with practical measures, and how inclusive policies have generally been applied in Aotearoa New Zealand. This paper concludes that inclusive policies benefit everyone, including vulnerable minorities such as trans women. Trans survivors of IPV should know with certainty, the same as every other survivor, that there are services available to support them should they need it. Trans women are a marginalised and vulnerable group, whose interests have been absent from public consideration for far too long. The analysis in this article reveals that it is time for us to question how we can better serve trans women, because we can do better. All we need to do is open our minds to the fact that our current system is not perfect. (pages 43-69)
505 _tRecognising and understanding financial abuse: addressing how agreements under s 21 of the Property (Relationships) Act 1976 can act as a mechanism for financial abuse / Freya McKechnie and Emma Phelps. Abstract: Intimate partner violence is sadly prevalent in New Zealand and can come in many different forms. Often the focus of academia and policy is on the physical, sexual and psychological forms of intimate partner violence. However, there are also other, less-recognised, forms of intimate partner violence, including financial abuse. This article focuses on how relationship property laws that enable people to contract out of default rules for property sharing may be used to perpetrate financial abuse. It then discusses the legal framework and considers the potential for change in this area. (pages 70-93)
505 _tSpeaking ill of the dead when “erotic asphyxiation goes wrong”: New Zealand’s need for a consistent approach to sexual history evidence in fatal and non-fatal sexual cases / Nadia Murray-Ragg. Abstract: Sexual history evidence with respect to deceased victims of sexualised killings is admissible in New Zealand. Arguing the death occurred during consensual “erotic asphyxiation gone wrong” is a popular defence strategy which emphasises the deceased’s sexual history. Section 7 of the Evidence Act 2006 provides that evidence is only admissible when, in logical terms, it tends to prove or disprove a material issue. However, it is logical that a woman can have previously consented to erotic asphyxiation, and not have consented to erotic asphyxiation in a later sexual experience. There are good reasons to doubt whether consensual sexual history is ever relevant, both when the victim is deceased, and when the complainant is living. This article analyses why having different rules for the admissibility of sexual history evidence in fatal and non-fatal sexual cases is harmful, using Grace Millane’s case as an example. Drawing on submissions made in the Peter Ellis appeal, this article argues for a consistent approach to the admissibility of sexual history evidence whether the victim is deceased, or the complainant is living. This article suggests that the current evidence admissibility rules can exclude sexual history evidence if applied consistently with the modern definition of consent. However, influenced by gendered stereotypes and rape myths, courts are finding that the deceased’s sexual history evidence is relevant. This precedent is unlikely to be expeditiously changed. Therefore, this article recommends that Parliament amend the Evidence Act to exclude sexual history evidence with respect to deceased victims of femicide. (pages 94-120)
505 _tTuakana-teina whakawhiti kōrero – A reflection on the legal profession / Alice Mander and Reina Vaii. Abstract: This tuakana-teina discussion was born out of the “Law and Gender: Beyond Patriarchy” Symposium, where both Alice and Reina spoke about their experiences in the legal profession. Reina is a Samoan lawyer and journalist from South Auckland. Alice is a Law and Arts student, and a passionate advocate for the disabled community. She currently serves as Co-President of the National Disabled Students’ Association. In this kōrero, Alice and Reina discuss three topics that have shaped their experiences in the legal world: belonging, tokenism and being the exceptional anomaly. (pages 121-133)
520 _aThis edition of the Journal was born out of this journey beyond just the publishing world. In February 2022, the Journal collaborated with the Auckland University of Technology Law School Te Wānanga Aronui o Tāmaki Makau Rau to hold a Symposium titled “Law and Gender: Beyond Patriarchy”. As discussed by Dr Cassandra Mudgway and Dr Lida Ayoubi in the Foreword, the Symposium sought to focus, specifically, on the many different gender and feminist issues in the law. We wanted to ensure the speakers were diverse and we looked to create a space where people felt safe to present their research and engage in discussion about gender, intersectionality and feminism. (From the Editorial). Abstracts for each paper are provided above. Record #7957
650 _aACCESSIBILITY
_910094
650 _aCONSENT
_94690
650 _aDISABLED PEOPLE
_9196
650 _aDOMESTIC VIOLENCE
_9203
650 _aEVIDENCE
_9237
650 _aFEMINISM
_9256
650 _aFAMILY VIOLENCE
_9252
650 _aFEMICIDE
_98292
650 _aFINANCIAL ABUSE
_92968
650 _aGENDER EQUALITY
_96853
650 _aHOMICIDE
_9297
650 _aINTIMATE PARTNER VIOLENCE
_9431
650 _aLAW
_9336
650 0 _aLGBTQIA+
_93453
650 _aMANA WAHINE
_97651
650 _aMĀORI
_9357
650 _aNATURAL DISASTERS
_9400
650 _aPACIFIC PEOPLES
_93408
650 _aPASIFIKA
_9419
650 4 _aSAMOAN PEOPLE
_92975
650 _aPATRIARCHY
_911129
650 0 _96314
_aPROPERTY (RELATIONSHIPS) ACT 1976
650 _aPŪNAHA TURE TAIHARA
_95580
650 _aSAFETY
_9511
650 4 _aSEXUAL VIOLENCE
_9531
650 _aTRANSGENDER
_93315
650 0 _95382
_aTŪKINOTANGA Ā-WHĀNAU
650 0 _aWĀHINE
_94040
650 0 _aWOMEN
_9645
650 4 _9650
_aWOMEN'S REFUGES
651 4 _aNEW ZEALAND
_92588
700 _aQuince, Khylee
_98428
700 _aMasselot, Annick
_911533
700 _aMoir, Phoebe
_911534
700 _aMcKechnie, Freya
_911535
700 _aPhelps, Emma
_911536
700 _aMurray-Ragg, Nadia
_911537
700 _aVaii, Reina
_911538
700 _aMander, Alice
_911539
700 _aMaiden, Ella
_911540
700 _aWerry, Kat
_911541
700 _aMudgway, Cassandra
_911542
700 _aAyoubi, Lida
_911543
773 0 3 _tNew Zealand Women's Law Journal - Te Aho Kawe Kaupapa Ture a ngā Wāhine, 2022, 6
830 _97305
_aNew Zealand Women's Law Journal - Te Aho Kawe Kaupapa Ture a ngā Wāhine
856 _uhttps://static1.squarespace.com/static/577228a5e4fcb512c064f2a7/t/62e0d44c65bdcd723196bbc1/1658901585207/NZWLJ+2022+Special+Edition.pdf
_zAccess all papers in this Special edition
942 _2ddc
_cPERIODICAL
_hnews116