AUT Law School

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The AUT Law School primary objective is to be a centre of excellence for law and humanities research in New Zealand. The school has particular research strength in; Corporate Governance, Insurance Law, Family Law, Employment Law, Sports Law, Wills and Estates, and Media Law.


Recent Submissions

Now showing 1 - 5 of 26
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    Talanoa Methodology in Samoa Law and Gender Research: The Case for a Samoan Critical Legal Theory and Gender Methodology
    (Macmillan Brown Centre for Pacific Studies, 2023-04-05) Fa’amatuainu, Bridget
    The need for more scholarly reflection on alternative ontological voices and indigenous methodology serves to deconstruct the often exclusionary or one-dimensional approach to research on gender and law. The critical review on what the most culturally competent research method to employ in research about indigenous issues, by both indigenous, and non-indigenous researchers is a recent phenomenon. Samoan perspectives in gender and law research may not always be harmonious; and this diversity carries the potential to widen the scope of methodologies that can be employed in order to engage with power relations at the intersection of indigenous voices. This article examines some of the prevailing assumptions underpinning legal and gender methodology, and why such assumptions may either be discarded or used to enrich the design of indigenous methodologies in law and gender research. This article examines the merits of a more inclusive and uniquely Samoan critical theory and gender methodology (for which there is none) underpinned by fa’asamoa principles.
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    He Ture Kia Tika/Let the Law Be Right: Informing Evidence-Based Policy Through Kaupapa Māori and Co-Production of Lived Experience
    (Bristol University Press and Policy Press, 2022-03-09) Thom, K; Black, S; Burnside, D; Hastings, J
    Background: Ninety-one per cent of Aotearoa New Zealand prisoners have been diagnosed with either a mental health or substance use disorder within their lifetime. Challenges exist in how to meet their needs. Diverse pūrākau (stories) of success in whānau ora (wellbeing) and stopping offending are missing from academic and public discourse that should direct law and policy changes. Aims and objectives: We describe a kaupapa Māori co-production project called He Ture Kia Tika/Let the Law be Right. We highlight how kaumātua (Māori indigenous elders), academics, and practitioners merged their voices with people with lived experiences of mental health, addiction, and incarceration to create justice policy and solutions. Methods: We focus on the theory and application of our co-production, directed by kaupapa Māori methodology. We describe the work of a co-design group that actively guides the project, from inception towards completion, using rangahau kawa (research protocols) as culturally clear guidelines and ethically safe practices. We then detail our processes involved in the collection of co-created pūrākau (storytelling) with 40 whānau (family) participants, and describe our continued collaboration to ensure law and policy recommendations are centred on lived experiences. Findings: Kaupapa Māori informed co-production ensured rangahau kawa (research protocol and guidelines) were created that gave clear direction for an engagement at all levels of the project. We see this as bringing to life co-production, moving beyond theory to the practicalities of ‘being’ and ‘doing’ with each other in safe, ethical ways for all. Discussions and conclusions: A strong association exists between unmet mental health needs and reoffending. Tackling cultural, health, social and justice issues requires a multi-layered approach from a range of rangatira (leaders including kaumātua/elders) and tohunga, or experts, of their lived experiences to inform future policy and law reform.
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    To Recovery and Beyond: 2021 UNESCO Report on Public Access to Information (SDG 16.10.2)
    (UNESCO, 2022-02-01) Ayoubi, L; Fernandez Gibaja, A; Hudson, A
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    Can International Human Rights Law Smash the Patriarchy? A Review of ‘Patriarchy’ According to United Nations Treaty Bodies and Special Procedures
    (Springer, 2021-04-01) Mudgway, C
    This article interrogates whether and how the concept of ‘patriarchy’ is used by UN human rights treaty monitoring bodies (treaty bodies) and special procedures to interpret state obligations to respect and ensure women’s human rights. There are two key points that arise out of this study: first, that several treaty bodies and special procedures purposely and consistently use the concept of ‘patriarchy’ when discussing women’s human rights, and second, that although not all treaty bodies and special procedures have referred to the terms ‘patriarchy’ or ‘patriarchal’, an examination of those that have reveals a marked difference in how the terms are used by treaty bodies when compared with special procedures. While treaty bodies render the meaning of ‘patriarchy’ as being synonymous with certain harmful practices, such as female-genital mutilation (FGM), special procedures utilise ‘patriarchy’ as a system of power, permeating every facet of society. In this article I will argue that the current state of dissonance between the understandings of ‘patriarchy’ by treaty bodies and special procedures creates an unnecessary ambiguity that does nothing to advance gender equality. Furthermore, utilising a nuanced understanding of patriarchy, as articulated by intersectional and anti-essentialist feminist scholars, would potentially equip treaty bodies and special procedures for more meaningful interpretation of rights themselves, and greater protection of women’s human rights.
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