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annotated bibliography of new zealand research into family violence

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attering. The report then discusses a number <strong>of</strong> alternative proposed ‘partial defence’concept options for battered defendants operating in other jurisdictions: ‘excessive selfdefence’,‘self-preservation’, an extended form <strong>of</strong> ‘self-defence’ proposed by the WesternAustralian Task Force on Gender Violence, ‘tyrannicide’, and ‘diminished responsibility’. Itdoes not recommend these as options for the New Zealand judicial system. The report alsolooks at the partial defence <strong>of</strong> ‘provocation’ and the fact that it has been used successfully asan excuse for domestic <strong>violence</strong> against women. It recommends that this should be abolishedin favour <strong>of</strong> matters <strong>of</strong> provocation being taken <strong>into</strong> account in the exercise <strong>of</strong> sentencingdiscretion for murder, which it also recommends replaces the mandatory life sentencecurrently in operation in New Zealand. ‘Compulsion’ and ‘duress’, by treat, or <strong>of</strong>circumstances, are also reviewed in relation to domestic <strong>violence</strong>. Appended to the report isan informative overview entitled "Battered Heterosexual Men, Gay Men and Lesbians",which discusses methodological issues relating to the study <strong>of</strong> female to male <strong>violence</strong> suchas use <strong>of</strong> the Conflict Tactics Scales, and looks at <strong>violence</strong> in gay and lesbian relationships.Law Commission. (2003). Dispute resolution in the Family Court. (NZLC R 82). Wellington, NewZealand: Author. Retrieved December 12, 2005, from http://www.lawcom.govt.nz/ProjectReport.aspx?ProjectID=87See: www.nzfvc.org.nz/12770.pubTopic Areas: Intimate partner abuse, Families, Women, Perpetrators/<strong>of</strong>fenders, Victims/survivors, Justice, Protection orders, Care and contact, Legislation, PolicyAbstract: This Law Commission Report is in response to widespread criticism <strong>of</strong> the FamilyCourt <strong>of</strong> New Zealand. Allegations include: the system is biased against men; applications aregranted too readily without notice; where orders are made without notice, it takes too long forthe other party to be heard; matters generally take too long to resolve; children suffer because<strong>of</strong> these delays; and lastly, not all Family Court pr<strong>of</strong>essionals are properly trained and skilled.The report makes a number <strong>of</strong> recommendations, including the proposal <strong>of</strong> <strong>new</strong> conciliationprocesses and court procedures that would help resolve <strong>family</strong> disputes and that the presentsystem be resourced to perform at its most efficient, without delays caused by a lack <strong>of</strong> courttime, a shortage <strong>of</strong> report writers, and a lack <strong>of</strong> assistance from the Department <strong>of</strong> Child,Youth and Family Services.Laws, M.–A. (1998). The parole supervision <strong>of</strong> child sex <strong>of</strong>fenders: An evaluation <strong>of</strong> parolesupervision in the Waikato Region. Unpublished master’s thesis, University <strong>of</strong> Waikato,Hamilton, New Zealand.See: www.nzfvc.org.nz/13189.pubTopic Areas: Sexual abuse, Perpetrators/<strong>of</strong>fenders, Children as victims, Justice, Prevention/intervention/treatment, Demographics/statisticsAbstract: The purpose <strong>of</strong> this <strong>research</strong> was to investigate how the parole <strong>of</strong> sexual <strong>of</strong>fendersin the Waikato region is managed under the relapse prevention model. A process evaluationwas carried out, which involved interviews with 10 probation <strong>of</strong>ficers and 10 sexual<strong>of</strong>fenders, who had been through either the Kia Marama or Te Piriti treatment programmes.The results show that in general, both sets <strong>of</strong> participants were satisfied with the paroleprocess. Probation <strong>of</strong>ficers showed some compliance to the relapse prevention model,although there were some grounds for concern here. The author highlights the need forregular training <strong>of</strong> probation <strong>of</strong>ficers in the supervision <strong>of</strong> sexual <strong>of</strong>fenders under the relapseprevention model.Source: Author’s abstract104

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