Abstract: This qualitative study investigated the emotional abuse that occurs withoutphysical abuse in the context <strong>of</strong> heterosexual, committed couple relationships. The thesisexamines the ways in which men abuse women and the impact this has had on sevenwomen’s lives. The author <strong>of</strong> the study takes a feminist approach and uses the memory-worktechnique. Findings from the study identify that the women believe that their partners sawthemselves as superior to the women and set the standards at home, thereby forcing,expecting, or manipulating women to take a subordinate position in the relationship. Thecovertness <strong>of</strong> the abuse appeared to have an impact on each woman’s self-esteem. The authorlooks at three forms <strong>of</strong> control: control by domination, passive control, and manipulativecontrol. The author suggests that this study may help to extend knowledge <strong>of</strong> emotional abuseby showing that social practices that are accepted as the norm can obscure the emotionalabusiveness <strong>of</strong> gendered practices.Source: Author’s abstractLaw Commission. (1999). Women’s access to legal services. (NZLC SP 1). Wellington, New Zealand:Author. Retrieved February 13, 2006, from http://www.lawcom.govt.nz/ProjectStudyPapers.aspx?ProjectID=99See: www.nzfvc.org.nz/13116.pubTopic Areas: Intimate partner abuse, Sexual abuse, Women, Justice, Protection orders, Careand contact, Legislation, Gender, Social services, Demographics/statistics, IntersectoralcollaborationAbstract: This study paper provides an analysis <strong>of</strong> women’s access to legal services. Aqualitative methodology was employed to learn more about women’s experiences <strong>of</strong> thejustice system, and to identify barriers to accessing legal services. This paper discussesnumerous facets pertaining to the interaction <strong>of</strong> women, legal services, and the justice systemas a whole. Areas specific to <strong>family</strong> <strong>violence</strong> include the lack <strong>of</strong> understanding <strong>of</strong> the context<strong>of</strong> domestic <strong>violence</strong>, and different legal needs <strong>of</strong> women due to the influence <strong>of</strong> partnerabuse. Financial limitations are identified as a significant barrier to securing legal services.The study paper recommends greater interagency coordination between funding bodies, andproducers and distributors <strong>of</strong> legal information to stop fragmentation and improve access toservices.Law Commission. (2000). Battered defendants: Victims <strong>of</strong> domestic <strong>violence</strong> who <strong>of</strong>fend. (NZLC PP41). Wellington, New Zealand: Author. Retrieved December 12, 2005, fromhttp://www.lawcom.govt.nz/ProjectPreliminaryPaper.aspx?ProjectID=80See: www.nzfvc.org.nz/12767.pubTopic Areas: Intimate partner abuse, Women, Victims/survivors, Violence against men,Justice, LegislationAbstract: This Law Commission discussion paper stems from criticism that the legalpr<strong>of</strong>ession does not adequately understand battering relationships. It examines how existingNew Zealand law applies to those who commit criminal acts in circumstances where they arevictims <strong>of</strong> domestic <strong>violence</strong>, in particular, the defences <strong>of</strong> ‘self-defence’, ‘provocation’,‘duress’ and ‘necessity’. It also considers developments and proposals in other jurisdictions,especially in the cases <strong>of</strong> the defences <strong>of</strong> ‘self-preservation’ and ‘diminished responsibility’,and judicial discretion in sentencing. Lastly, it makes proposals for reform. Findings from theconsultation submissions responding to this discussion paper are presented in LawCommission Report No. 73, Some Criminal Defences With Particular Reference to BatteredDefendants released in 2001.102
Law Commission. (2001). Misuse <strong>of</strong> enduring power <strong>of</strong> attorney. (NZLC PP 40). Wellington, NewZealand: Author. Retrieved February 28, 2006, from http://www.lawcom.govt.nz/ProjectPreliminaryPaper.aspx?ProjectID=78See: www.nzfvc.org.nz/13123.pubTopic Areas: Elder abuse and neglect, Violence towards parents, Neglect, Financialexploitation, Families, Older persons, Perpetrators/<strong>of</strong>fenders, Victims/survivors, LegislationAbstract: This Law Commission report discusses misuses <strong>of</strong> enduring powers <strong>of</strong> attorneywith regard to Part IX <strong>of</strong> the Protection <strong>of</strong> Personal Property Rights Act (1988). This affordspowers <strong>of</strong> attorney the legal right to make decisions on behalf <strong>of</strong> the donors they represent,provided they are unable to make the decisions themselves. The report lists some <strong>of</strong> theproblems with the Act, and discusses: the extent <strong>of</strong> the problem; the approach to reform; thegranting <strong>of</strong> powers <strong>of</strong> attorney; the ‘mentally incapable’ test in s98(3); attorneys highhandednessand failure to consult; and theft, neglect and registration <strong>of</strong> powers <strong>of</strong> attorney. Asummary <strong>of</strong> the Law Commission’s recommendations to amend Part IX <strong>of</strong> the Protection <strong>of</strong>Personal and Property Rights Act and consideration for the development <strong>of</strong> a Commissionerfor the Aged are included. The appendix includes Part IX and the Third Schedule <strong>of</strong> the Act,examples <strong>of</strong> reported misuses by submitters, and a list <strong>of</strong> the individuals and organisationsmaking submissions for change.Law Commission. (2001). Some criminal defences with particular reference to battered defendants.(NZLC R 73). Wellington, New Zealand: Author. Retrieved December 9, 2005, fromhttp://www.lawcom.govt.nz/ProjectReport.aspx?ProjectID=80See: www.nzfvc.org.nz/12778.pubTopic Areas: Intimate partner abuse, Women, Gay/lesbian/bisexual/transgender people,Victims/survivors, Violence against men, Justice, Protection orders, Legislation, CulturalpracticeAbstract: This Law Commission report stems from criticism that the existing legal defencesare failing to protect those who commit criminal <strong>of</strong>fences as a reaction to domestic <strong>violence</strong>.The report summarises findings resulting from submissions to the Law Commission’sPreliminary Paper 41, Battered Defendants: Victims <strong>of</strong> Domestic Violence Who Offend,released as a discussion paper in 2000. It looks at the definition <strong>of</strong> ‘domestic <strong>violence</strong>’according to the 1995 Act <strong>of</strong> that name, and ‘battered woman syndrome’. It recommends thatlegal reference to ‘syndromes’, including that relating to battering relationships, be dropped infavour <strong>of</strong> reference to the nature, dynamics and effects <strong>of</strong> those relationships. The paper thendiscusses the way the law has previously dealt with such cases, emphasising the responsibilitythe judge has for clear direction relating to linkages in expert evidence <strong>of</strong> batteringrelationships, and the responsibility defence counsel has to explore issues <strong>of</strong> domestic<strong>violence</strong> and to call expert evidence when necessary. This is followed by a discussion <strong>of</strong> ‘selfdefence’and ‘reasonable force’, in which it is recommended that s48 <strong>of</strong> the Crimes Act(1961) be amended to clarify ‘that fact’ situations exist where force can be seen as reasonablewhere danger is not imminent, but is inevitable. It further recommends that a <strong>new</strong> subsectionbe added to s48 to the effect that the threshold for allowing ‘self-defence’, ie the question <strong>of</strong>‘reasonable force’, go to the jury. The report very usefully clarifies and sets out the types <strong>of</strong>expert evidence relating to the social context, nature and dynamics <strong>of</strong> domestic <strong>violence</strong> thatmay be vital to a case, including: an understanding <strong>of</strong> why people remain in batteringrelationships; the dynamics <strong>of</strong> battering relationships; evidence on separation assault;defendants’ experiences <strong>of</strong> seeking protection; the defendants’ cultural group; the batteredwoman’s ability to ‘read’ her partner and the danger signals; and the psychological effects <strong>of</strong>103
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ANNOTATED BIBLIOGRAPHY OFNEW ZEALAN
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IntroductionThis is an annotated bi
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See: www.nzfvc.org.nz/11879.pubTopi
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abused. The author provides an anal
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Ball, J. (1997). Male sexual abuse:
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Topic Areas: Child abuse and neglec
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(1995). The Guardianship Amendment
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their children’s lives and upbrin
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and Employment, Hon. Steve Maharey.
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Abstract: This conference paper det
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violence incidents and people (offe
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less attention than other forms of
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Topic Areas: Intimate partner abuse
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jurisdiction, this paper discusses
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ehaviours, and explores current app
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of New Zealand’s care and protect
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family decision making that incorpo
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delivered based upon Maori conceptu
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Cribb, J., & Barnett, R. (1999). Be
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intervention/treatment, Intersector
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professionals involved; however, th
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findings of the study present discu
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articulation of reasons for decisio
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and s16(b) of the Guardianship Act
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chronicity; type of act; and profes
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Abstract: This dissertation propose
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the 100 inpatients, 57 were men and
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enforcement; key informant intervie
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alcohol abuse, Policy, Social servi
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1-57. Retrieved February 9, 2006, f
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violence: Lessons from Duluth and b
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towards others; poorer cognitive de
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discipline tactics, and public awar
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Strang, H., & Braithwaite, J. (Eds.
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concludes that if social workers an
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egarding CYFS responsiveness to Mao
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Abstract: This article debates the
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elationship, less satisfied with th
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presented significant victim specif
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areas in which some governments pri
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Wood, B., & Kunze, K. (2004). Makin
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Abstract: This article begins with