Law of Religion in New Zealand


Book Description

"The Law of Religion in New Zealand...covers key areas of religion in a legal context. The first chapter introduces the reader to law and religion generally, considering the general relationship between the two; religion and the state; the meaning and place of religion, and religion's general and legal definitions. Later chapters consider topics within New Zealand specifically such as religion in society, including Māori and religion and the post-colonisation religious landscape; freedom of religion; religion and family; religion and employment; religion and charity; and religion and education"--Back cover.




God and Government


Book Description

"Religion continues to play a significant and sometimes controversial role in the politics and culture of 'secular' New Zealand. Drawing on the expertise of scholars in law, religious and political studies, history and education, this volume explores the relationship between religion and politics in contemporary New Zealand, with a glance back to the past." "There are chapters on: religion, politics and the New Zealand Wars of the 1860s; government support of the churches; the question of whether New Zealand is a 'Christian state'; civic responsibilities of churches towards other faiths; religious education; and Christian political parties." --Book Jacket.




Religion and Law


Book Description

Discussion of the way in which law engages with religious difference often takes place within the context of a single jurisdiction. Religion and Law: An Introduction, presents a comprehensive text for students, drawing on examples from across key Anglophone jurisdictions – the United Kingdom, the United States, Canada, New Zealand, Australia and South Africa, as well as international law, to explore a broad range of issues. Aimed at a non-legal readership, this book introduces the use of legal sources and focuses on factual situations as much as legal doctrine. Key issues arising from interaction of the religious individual and the State are discussed, as well as the religious organisation or community and the State. The interaction is explored through case studies of areas as diverse as the legal regulation of religious drug use, sacred spaces and sacred places, and claims of clergy misconduct. Taking a broad, non-jurisdictional approach to the key issues, in particular providing insights differing from the dominant US experiences and paradigms, this student-friendly textbook includes a clearly structured bibliography and clear guidance on how to approach relevant legal materials.




The New Zealand Bill of Rights Act


Book Description

Written in a lively style, the commentary contains a detailed analysis of this short, but important piece of constitutional legislation. To make it as accessible to readers as possible each chapter of the book follows a pattern of outlining similar provisions in comparable human rights systems (domestic and international), discussing the purposes of each right or provision in issue, engaging in a detailed examination of the meaning of the text of each provision, examining the extent to which justified limits can be placed on guaranteed rights and freedoms, and concluding by considering issues related to remedies where relevant.




Research Handbook on Law and Religion


Book Description

Offering an interdisciplinary, international and philosophical perspective, this comprehensive Research Handbook explores both perennial and recent legal issues that concern the modern state and its interaction with religious communities and individuals.




International Human Rights Law in New Zealand


Book Description

The text takes the perspective of international human rights law, describes what it requires, and then analyses the extent to which New Zealand law complies with it. It is intended to be an authoritative text that can be cited in courts and be the book of choice for human rights courses; it should also play a role in the development of New Zealand law by reference to international human rights standards. Written by many of New Zealand's leading human rights law experts, the tone and content of the chapters combines the substance of sound legal academic analysis with the practicality of a book that can be used in practice by judges, lawyers, NGOs and activists. The book will appeal to both the academic and practitioner markets.




Freedom of Religion Under Bills of Rights


Book Description

"The Australian Constitution contains no guarantee of freedom of religion or freedom of conscience. Indeed, it contains very few provisions dealing with rights — in essence, it is a Constitution that confines itself mainly to prescribing a framework for federal government, setting out the various powers of government and limiting them as between federal and state governments and the three branches of government without attempting to define the rights of citizens except in minor respects. […] Whether Australia should have a national bill of rights has been a controversial issue for quite some time. This is despite the fact that Australia has acceded to the ICCPR, as well as the First Optional Protocol to the ICCPR, thereby accepting an international obligation to bring Australian law into line with the ICCPR, an obligation that Australia has not discharged. Australia is the only country in the Western world without a national bill of rights.4 The chapters that follow in this book debate the situation in Australia and in various other Western jurisdictions.' From Foreword by The Hon Sir Anthony Mason AC KBE: Human Rights and Courts




The New Zealand Bill of Rights


Book Description

The New Zealand Bill of Rights is a comprehensive account of over a decade of jurisprudence under the New Zealand Bill of Rights Act 1990. The Book provides an indepth examination of the Act, covering such topics as the benefits and burdens of rights; principles of interpretation; impact on legislation and the legislative process; judical review; civil and political rights; the rights of persons subjected to criminal investigation and prosecution; trial procedures; powers of law enforcement; and remedies for breach. Combining descriptive, analytical and prognostic scholarship, the extensive detail of the New Zealand Bill of Rights marks it as a standard reference text for this important body of the New Zealand law.




Te Hāhi Mihinare | The Māori Anglican Church


Book Description

The arrival of the Anglican Church with its claims to religious power was soon followed by British imperial claims to temporal power. Political, legal, economic and social institutions were designed to be the bastions of control across the British Empire. However, they were also places of contestation and engagement at a local and national level, and this was true of New Zealand. Māori culture was constantly capable of adaptation in the face of changing contexts. This ground-breaking book explores the emergence of Te Hāhi Mihinare – the Māori Anglican Church. Anglicanism, brought to New Zealand by English missionaries in 1814, was made widely known by Māori evangelists, as iwi adapted the religion to make it their own. The ways in which Mihinare (Māori Anglicans) engaged with the settler Anglican Church in New Zealand and created their own unique Church casts light on the broader question of how Māori interacted with and transformed European culture and institutions. Hirini Kaa vividly describes the quest for a Māori Anglican bishop, the translation into te reo of the prayer book, and the development of a distinctive Māori Anglican ministry for today’s world. Te Hāhi Mihinare uncovers a rich history that enhances our understanding of New Zealand’s past.




A Simple Nullity?


Book Description

When the New Zealand Supreme Court ruled on Wi Parata v the Bishop of Wellington in 1877, the judges infamously dismissed the relevance of the Treaty of Waitangi. During the past 25 years, judges, lawyers, and commentators have castigated this &“simple nullity&” view of the treaty. The infamous case has been seen as symbolic of the neglect of Maori rights by settlers, the government, and New Zealand law. In this book, the Wi Parata case—the protagonists, the origins of the dispute, the years of legal back and forth—is given a fresh look, affording new insights into both Maori-Pakeha relations in the 19th century and the legal position of the treaty. As relevant today as they were at the time of the case ruling, arguments about the place of Indigenous Maori and Pakeha settlers in New Zealand are brought to light.