Law and Culture 2012: Pacific Law and NZ/Aotearoa Conference
Programme
Session Title
DAY ONE
Keynote Speakers
Panel 1: Land
Speakers
His Excellency Judge Sir Kenneth Keith, International Court of
Justice Reflections on Some Pacific Constitutions
‘Asipeli’ Aminiasi Kefu, Solicitor General, Tonga
Tongan Constitutions and Culture
Chair: Denis McNamara, Lowndes Associates
Brigitte Olul, University of the South Pacific
The Takara Land Dispute
Joel Fotu, Glaister Ennor, Barristers and Solicitors, Auckland
Land, the State and Identity: A Tongan Perspective
Panel 2: Rights and
Freedom
Tevita ‘Aho, University of Auckland
The Mozambique Rule: The Implications of this rule on Tongans
resident in New Zealand
Chair: Treasa Dunworth, University of Auckland
Christopher Mahony, University of Auckland
Enforcing Human Rights in the Pacific: Lessons from Africa
Aman Ravindra‐Singh, University of the South
Pacific
The Demonising of Hunam Rights in the Pacifc Region
Esther Brimmer, Assistant Secretary of State, Bureau of
International Organisation Affairs, USA
Human Rights in the UN Context
Rex Tauati Ahdar, University of Otago
Religious Freedom in Samoa
Panel 3: Land and Heritage
(2)
Chair: David Williams, University of Auckland
Devon Latoa, University of Otago
Absentee land holding and ownership in common:a Niuean
perspective
John Dawson, University of Otago
The indigenisation of the Land and Titles Court of
Samoa
Hai‐Yuean Tualima, Legal analyst, Samoa Law
Reform Commission
National Heritage
Panel 4: Pluralism, Custom,
Culture (1)
Chair: Danielle Kelly, University of Auckland
Lalotoa Mulitalo, University of Queensland
As long as culture is alive, the law in the books is not
always the law in practice
Tamasailau Suaalii‐Sauni, Victoria University of Wellington
Towards a Pacific jurisprudence: possibility or impossibility?
Natalie Baird, School of Law, University of Canterbury
Samoa Party v Attorney‐General: Finding the balance between
deference and independence
Panel 5: Education
Chair: Khylee Quince, University of Auckland
Mylene Rakena, University of Waikato
Success Toolkit for Maori Law Students at Te Piringa Faculty of
Law
Matiu Dickson, University of Waikato
Teaching Nga Tikanga Maori in a Mainstream Law Course
Panel 6: Identity and Status
Mara Hosoda, University of Otago
Legal Education of Pacific Students in New Zealand Law Schools
Chair: David Williams, University of Auckland
David Green, University of Auckland
Māori Legal Identity and the Rule of Law in Aotearoa
New Zealand
Rangimarie Mahuika, University of Waikato
Grinding the Legal Definitions of Māori in the Pacific
Unaisi Narawa‐Daurewa, University of the South
Pacific
An Identity Claimed?: The case of Tamavua‐i‐Wai
Janice Gray and Sela Moa, University of New South
Wales
The Invisibilisation of Women – Tongan Land Law: A Case Study
Roundtable
Moot 1
DAY 2
Keynote Speaker
Panel 7: New Zealand’s
Responsibilities in the
Pacific
Diversity in the Judiciary
University of the South Pacific (Emalus) v University of Otago
Professor Don Paterson, University of South Pacific
An overview of land systems in English speaking Island countries of
the South Pacific
Chair: Treasa Dunworth, University of Auckland
Shaista Shameem, Auckland
New Zealand’s Role in Fiji’s Constitutional Development Processes:
Historical and Contemporary Legal Imperatives
Lena Wong, University of Auckland
Olohenga
Panel 8: Pluralism, Custom,
Culture (2)
Jessica Birdsall‐Day, University of Auckland
Drafting NZ’s constitution: Does the Pacific have a place in NZ’s
constitutional future
Chair: Natalie Baird, University of Canterbury
Derek Futaiasi, Law Reform Commission, Solomon Islands
A brief overview of the offence of murder in the Solomon Islands
Jessica Reid, University of Auckland
Te Kooti Whakaora – A Māori Mental Health Court
Sofia Shah, University of the South Pacific
Traditional Healers and the Law in Vanuatu
Panel 9: Emerging Voices
(1)
Natalie Coates, University of Auckland
Sex equality v gender equality: some thoughts on NZ and the case
of the Maori Powhiri
Chair: Sofia Shah, University of the South Pacific
Yasmin Slatter, Victoria University of Wellington
Post‐The Noumea Accord; The Future of New
Caledonia
Iotefa Mara, Victoria University of Wellington
French Polynesia
Tim Fesili, University of Auckland
The Inverted Gift Giving Paradigm: customary law, bribery and
elections in Samoa and the Pacific
Taulesulu Mata’u, University of the South Pacific
Samoan Culture and Elections
Panel 10: Emerging Voices
(2)
Chair: Natalie Coates, University of Auckland
Deepika Sharma, University of the South Pacific
Intellectual Property Law in Fiji
Trevor Naeiu, University of the South Pacific
The failure of State Laws to Effectively Resolve Customary Land
Disputes: A Case Study of Rakatne v Nisinamin
Vani Tabudravu, University of the South Pacific
Essential National Industry (Employment) Decree of Fiji
Epifania Alesana, University of Auckland
Prisoners’ rights in Samoa
Panel 11: Law, Policy and
Politics
Chair: Paul Rishworth, University of Auckland
Vergil Narokobi, Victoria University of Wellington
The Implementation of Papua New Guinea’s National Goals and
Directive Principles and Basic Social Obligations
Isaac Hikaka, LeeSalmonLong, Barristers and Solicitors, Auckland
Falling Short of Standards?: Free and fair elections in the Cook
Islands, Samoa and New Zealand
Panel 12: Law in the Family
Fine Koloamatangi, University of Canterbury
Democracy by stealth: the role of law in democratising Tonga
Chair: Sofia Shah, University of the South Pacific
Helena Kaho, University of Auckland
Court ordered ‘stopping violence programmes’ for Pacific offenders
– a therapeutic jurisprudence approach
Tiana Ritchie, University of Canterbury
Tonga: A safe haven for parents abducting their children?
Kima Tuialii, University of Auckland
“Social context, historical negativity and structural barriers”: The
silence of Pacific Youth
Panel 13: Emerging Voices
(3)
Chair: Danielle Kelly, University of Auckland
Lisepa Paeniu, University of the South Pacific
How can parliamentary democracy function more
effectively in small Pacific Island countries such as
Tuvalu and Nauru
Rajnesh Singh, Victoria University of Wellington
Democracy and the Rule of Law in Fiji under
military control
Matthew Dodd, University of Otago
Hybrid land‐holding forms in Fiji and New Zealand
Elisabeth Perham, Victoria University of
Wellington
Citizenship Laws in the Realm of New Zealand
Panel 14: Emerging Voices
(4)
Chair: Natalie Coates, University of Auckland
David Solvalu, University of the South Pacific
Can the rights of Sexual Minorities be Balanced in the Legal and
Cultural Framework within the Nation of Fiji?
Harry Toleafoa, University of Auckland
Hardship payments and tithings
Gemma Nelson, University of the South Pacific
De Facto relationships in Samoa