Browsing by Author "MacManus, Michelle"

Now showing 1 - 5 of 5

Restricted
Access to Justice and Community Law Centres
(Te Herenga Waka—Victoria University of Wellington, 2012) MacManus, Michelle
Community Law Centres deliver substantive access to justice and can be distinguished by their key features, particularly their focus on meeting the needs of vulnerable people in their communities. Knowing the history of community law centres, in New Zealand helps to explain why and they developed to deliver access to justice in the manner that they did, and how they came to be subject to government regulation and funding. Since their establishment, a growing body of research has accumulated supporting the need for community law centres and their service model. The latest review of community law centres took place alongside the legal aid review. The aim was to get better value for money for the taxpayer. This review prompted changes to the legislative framework in which CLCs exist which would allow for significant changes to the way that the government funded these services. The purchase framework proposed to replace the current contracts that expire in June 2013 does contain such changes. It is reassuring to see that the model is driven by a substantive conception of access to justice that aligns well with CLCs and their origins. The proposed model itself is clearly informed by the same research referred to above but some elements may potentially weaken community law centres by weakening their ties to the communities in which they operate.
Restricted
Filling the Gap: Some Options for Meeting the Need for Welfare Guardianship of Last Resort
(Te Herenga Waka—Victoria University of Wellington, 2012) MacManus, Michelle
This paper looks at the welfare guardianship provisions of the Protection of Personal and Property Rights Act 1998 (‘PPPR Act’). The underlying principles of the Act include the presumption of competence and the need for the least restrictive intervention. Three gaps in the welfare guardianship provisions of the PPPR Act are identified. The failure to provide a welfare guardian of last resort for those incapcitated adults who suitable family or friends to consent to appointment is primarily focussed on. This existence of this gap creates a potentially significant legal need that is likely to grow as our population ages. Four options for filling the gap are explored. Their viability is assessed against four criteria; their consistency with underlying principles and cultural values; the need to ensure quality service provision; whether legislative change would be required; and cost effectiveness and proportionality. The four options explored are; establishing a pool of volunteers; professional welfare guardians; body corporate welfare guardians; and establishment of a public guardian. The first two do not require legislative change but the use of professional welfare guardians has been more visible. This option should be explored further, at least until the size of the gap is established. Both body corporate and public guardianship would require significant legislative change, however public guardianship is probably a better option as the privatisation of guardianship is unlikley to find favour in welfare state especially when the state ultimately foots the bill. Public guardians can also fulfil a number of other functions, including education, advocacy and complaints investigation.
Restricted
A Fundamental Obligation: Lawyers, the Rule of Law and the Lawyers and Conveyancers Act 2006
(Te Herenga Waka—Victoria University of Wellington, 2011) MacManus, Michelle
This paper explores the relationship between lawyers, the legal profession and the rule of law. It is divided into two parts. In the first, functional and substantive definitions of a lawyers role are identified, as are thin and thick definitions of the rule of law. Using Tamahana and Fuller as a guide, lawyers are identified as having a role in ensuring congruence between the law as written and as administered, which is key to ensuring public confidence in the law. Statements from international legal associations about the relationship between lawyers and the rule of law are also discussed. Arising from this, a number of issues are identified, including the impact of rule of law definitions on the role of lawyers, the risks of self interest and sabotage and the need for ‘independence’ from the state. The question is asked whether inclusion of a statutory duty could ameliorate these. The second part explores this question using the introduction of a fundamental obligation upon New Zealand lawyers by the Lawyers and Conveyancers Act 2006, to ‘uphold the rule of law’. The meaning of this is explored with particular reference to the impact of the Conduct and Client Care Rules and it is suggested that lawyers are expected to comply with a thin definition of the concept. The role of the New Zealand Law Society, and in particular its’ Rule of Law Committee, are also explored with reference to this duty. It is concluded that the inclusion of this statutory fundamental obligation adds another dimension to the problems identified in Part One but does not ameliorate them.
Restricted
A Permit to Protest: Local Government Bylaws and Freedom of Expression
(Te Herenga Waka—Victoria University of Wellington, 2012) MacManus, Michelle
This paper looks at the regulation of protest using local government bylaws. The ‘right to protest’ is derived primarily from the rights to freedom of expression and peaceful assembly in the New Zealand Bill of Rights Act 1990 (NZBORA). New Zealand case law is evolving towards a recognition that the fundamental nature of these right, particularly that of expression requires that their exercise be minimally impaired. Since 2003, the Local Government Act 2002 has required that all bylaws comply with NZBORA. One of the objectives of many bylaws is to regulated competing interests in public space (including roads), including their use for protest. The second part of this paper assesses the Auckland City Council Public Places Bylaw No 20; which requires a ‘permit to protest’, for NZBORA compliance. The equivalent bylaws of Manukau, Wellington and Christchurch are compared. It concludes that while a permit scheme may be justified under s5 NZBORA, the Auckland City Council permit scheme is not open to challenge.
Restricted
When Migrants Wait too Long: a Case Study of Accountability for Administrative Delay
(Te Herenga Waka—Victoria University of Wellington, 2012) MacManus, Michelle
This paper begins by considering what is meant by administrative delay, what can cause it, and the accountability mechanisms that may be used to avoid and manage it. It then explains why delay in the immigration situation provides an interesting and helpful way of assessing the impact of these accountability mechanisms. It divides these mechanisms into three tiers; “Getting it Right”, “Putting it Right” and “Setting it Right”. In Getting it Right, using Immigration New Zealand as a case example it asks whether the inclusion of statutory timeframes in legislative drafting could improve the timeliness of immigration decisions. Putting it Right it looks at the role of judicial review, the Immigration and Protection Tribunal and the Ombudsman as external accountability mechanisms. Setting it Right it looks at the relevant accountability mechanisms provided by the Public Audit Act, Public Finance Act and State Services Commission in particular to explore how delay is managed through them. It concludes that while delay in immigration matters must be controlled overall it appears that the current accountability mechanisms are working well. This is primarily because of their multi-dimensional and complementary approach to questions of delay.