Browsing by Author "Maxwell, Allie"

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Open Access
The Hague Convention on the civil aspects of child abduction 1980: The New Zealand courts approach to the "grave risk" exception for victims of domestic violence
(Te Herenga Waka—Victoria University of Wellington, 2016) Maxwell, Allie
The Hague Convention 1980 was welcomed by the international community to resolve the emerging issue of international child abduction. The Convention is premised on the assumption that all child abduction is inherently harmful. Thus, it is generally in the best interests of children to be returned to the country of habitual residence as expediently as possible, restoring the status quo. Domestic violence victims do not fall within the typical abduction paradigm which the Convention was drafted to remedy. New Zealand courts have adopted a narrow approach to the “grave risk” defence, requiring the abducting party to prove that the country of habitual residence cannot adequately protect the child. This is rarely established due to comity. This approach therefore effectively blocks the discretionary inquiry, which only occurs once the defence is established, in which the Convention principles can be weighed against the welfare and best interests of the individual child, a consideration paramount in both domestic and international law. Domestic violence means it is unlikely that return will ever be in the child’s welfare and best interests. A change in approach is suggested, under which consideration of the adequacy of the habitual residence’s protection laws becomes a relevant consideration in the exercise of discretion. Consequently, all considerations are given due regard and the safety of young domestic violence victims is better assured.
Open Access
Medicinal cannabis in New Zealand: Addressing the medicinal/theraputic divide and overcoming barriers to law reform
(Te Herenga Waka—Victoria University of Wellington, 2017) Maxwell, Allie
Cannabis is classified as an illegal drug under the Misuse of Drugs Act 1975, with use, possession and cultivation illegal unless the requisite governmental approval is obtained. Despite recent regulatory changes, medicinal cannabis remains largely inaccessible, unaffordable and unavailable for ordinary New Zealanders under the current regime. The central issue running though the medicinal cannabis debate is that individuals want to be able to use cannabis for a variety of health reasons, and not have it strictly controlled as a medicine. In exploring key arguments in favour of, and barriers to, law reform in this area, it is proposed that a wider definition of medicinal cannabis is required which encompasses therapeutic use. After demonstrating that perceived barriers blocking reform are able to be overcome, it is suggested that medicinal cannabis should be included within the upcoming governmental review of therapeutic substances. While it is unclear what shape this new regime may take, the inclusion of medicinal cannabis would allow for continued governmental oversight, alongside avoiding some of the complex processes involved in getting medicines approved and funded in New Zealand. Ultimately, if an individual is deriving a benefit from a relatively harmless, natural substance in a safe and controlled manner as an alternative to more harmful prescription drugs, they ought to be able to do so without fear of criminal repercussions.