Browsing by Author "Poata, Meipara"

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Command Responsibility: The Development and Application of the Modern Doctrine
(Te Herenga Waka—Victoria University of Wellington, 2010) Poata, Meipara
The concept that a commander should be responsible for controlling the behaviour of troops at his or her direct command is a longstanding one, with some commentators dating its formal existence back as far as 1439. The Hague Conventions of 1907 made reference to the existence of a command responsibility, as did the protocols to the Geneva Conventions. Forms of the doctrine are set out in numerous national military manuals throughout the world, including New Zealand’s own, and frequently set out in national legislation which deals with international crimes. This paper examines the parameters of the modern doctrine of command responsibility (the doctrine). It finds that the boundaries may have at times shifted too far, and expresses the view that in order for fair and just results to be achieved – and for the integrity of the doctrine and the perceived integrity of those who apply it to remain intact – strict limits on its application should apply.
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A Parliament for the People: The Guardians of the Unwritten Constitution
(Te Herenga Waka—Victoria University of Wellington, 2010) Poata, Meipara
This paper considers the key constitutional role played by Parliament in New Zealand. It briefly examines the New Zealand constitutional arrangements, and finds that the primary responsibility for all constitutional matters falls on Parliament because of the absence of one formally codified, legislatively-supreme and entrenched document. It argues that the allocation of core responsibility for constitutional matters to Parliament is perhaps the most appropriate and effective way for constitutional matters to be dealt with, providing that the rules by which Parliament operates are framed to support this function. Finally, it examines the rules of the New Zealand Parliament and suggests a number of ways in which they could be improved to support Parliament’s role as the “guardians of the constitution” in New Zealand.