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Welcome to LEX & LORE hosted by Geoff McLay!

We all know LEX is Latin for law, and LORE represents what’s interesting about the law – the gossip, the intrigue, the debates! In this podcast, you'll explore the development of the "new legal system" in New Zealand with Geoff McLay, Barrister, Professor of Law at Victoria University of Wellington and Editor of the New Zealand Law Reports, as he dissects cases and judgements with esteemed colleagues and legal experts.

From whose perspective should the risk of an unforeseen medical consequence be considered for the purposes of ACC compensation? Should unforeseen consequences be approached holistically by the courts, or broken up into a series of events? How do courts distinguish between injury and illness? Geoff and Dr Eddie Clark discuss the critical cases that provide an insight into these divisions in our healthcare system.

 

As the courts deal with a judicial backlog in the midst of a pandemic, Eddie shares his thoughts on the review of COVID-19 lockdown breach prosecutions. Are these prosecutions necessary as a deterrent, regardless of the judicial backlog in civil and criminal matters?

 

At the heart of this episode is Dr Nessa Lynch’s discussion on how presumptive sentencing has been applied under the three-strikes law and the potential for injustice to arise as a result. An inherent tension exists between mandatory sentencing and judicial discretion – manifest injustice ought to be a safety valve which can be applied by the courts, but how does this play out across the nuanced historical, cultural and personal circumstances of individuals who are sentenced on their third strike?

Cases Discussed

 

ACC compensation:

 

Three-strikes sentencing:

 

Individual accountability in sentencing:

About the Guests

 

Dr Nessa Lynch, Associate Professor, Victoria University of Wellington

Specialises in criminal law, New Zealand Law Reports, discretion, youth justice and police action.

 

Dr Eddie Clark, Lecturer, Victoria University of Wellington

Areas of interest include Judicial review, administrative law, courts and democracy/public accountability.

Run time: 41:25 minutes

EPISODE 1: The Push-Me-Pull-You of ACC Coverage | The Safety Valve of Three-Strikes Sentencing

Join host Geoff McLay and his esteemed colleagues Dr Nessa Lynch, Dr Eddie Clark and Dr Dean Knight as they discuss the cases gripping the headlines in New Zealand.

 

  • Invercargill High Courts case involving sentencing children for murder
  • Winston Peters' appeal regarding the "no surprises" policy in government
  • Legal culture of NZ government and governance

About the Guests

 

Dr Nessa Lynch is an Associate Professor at Victoria University Wellington who specialises in criminal law, New Zealand Law Reports, discretion, youth justice and police action.

 

Dr Eddie Clark is a Lecturer at Victoria University Wellington whose areas of interest include Judicial review, administrative law, courts and democracy/public accountability.

 

Dr Dean Knight is an Associate Professor at Victoria University Wellington and specialises in Constitutional law, administrative law, judicial review and local government.

Run time: 09:54 minutes

Introducing: Lex & Lore

About the Host

GEOFF McLAY

General Editor, New Zealand Law Reports

Geoff McLay practices as a barrister and is a member of the New Zealand Law Society and the New Zealand Bar Association. He served as a Law Commissioner at the New Zealand Law Commission 2010-2015…

New Zealand Law Reports

New Zealand Law Reports & Specialist Reports

New Zealand Law Reports is the official report series of New Zealand. It includes decisions of the Supreme Court of New Zealand, Court of Appeal and High Court while Specialist Reports drill down on a specific practice for in-depth coverage of the topics that matter to you.

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