annotated bibliography of new zealand research into family violence

Law Commission. (2001). Misuse of enduring power of 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/offenders, Victims/survivors, LegislationAbstract: This Law Commission report discusses misuses of enduring powers of attorneywith regard to Part IX of the Protection of Personal Property Rights Act (1988). This affordspowers of attorney the legal right to make decisions on behalf of the donors they represent,provided they are unable to make the decisions themselves. The report lists some of theproblems with the Act, and discusses: the extent of the problem; the approach to reform; thegranting of powers of attorney; the ‘mentally incapable’ test in s98(3); attorneys highhandednessand failure to consult; and theft, neglect and registration of powers of attorney. Asummary of the Law Commission’s recommendations to amend Part IX of the Protection ofPersonal and Property Rights Act and consideration for the development of a Commissionerfor the Aged are included. The appendix includes Part IX and the Third Schedule of the Act,examples of reported misuses by submitters, and a list of 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 offences as a reaction to domestic violence.The report summarises findings resulting from submissions to the Law Commission’sPreliminary Paper 41, Battered Defendants: Victims of Domestic Violence Who Offend,released as a discussion paper in 2000. It looks at the definition of ‘domestic violence’according to the 1995 Act of that name, and ‘battered woman syndrome’. It recommends thatlegal reference to ‘syndromes’, including that relating to battering relationships, be dropped infavour of reference to the nature, dynamics and effects of 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 of batteringrelationships, and the responsibility defence counsel has to explore issues of domesticviolence and to call expert evidence when necessary. This is followed by a discussion of ‘selfdefence’and ‘reasonable force’, in which it is recommended that s48 of 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 new subsectionbe added to s48 to the effect that the threshold for allowing ‘self-defence’, ie the question of‘reasonable force’, go to the jury. The report very usefully clarifies and sets out the types ofexpert evidence relating to the social context, nature and dynamics of domestic violence thatmay be vital to a case, including: an understanding of why people remain in batteringrelationships; the dynamics of battering relationships; evidence on separation assault;defendants’ experiences of seeking protection; the defendants’ cultural group; the batteredwoman’s ability to ‘read’ her partner and the danger signals; and the psychological effects of103