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annotated bibliography of new zealand research into family violence

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areas in which some governments prioritise more than others the area <strong>of</strong> <strong>violence</strong> againstwomen. Included is an international comparison <strong>of</strong> the scope <strong>of</strong> national policies on <strong>violence</strong>against women, where New Zealand is statistically ranked amongst other democraticcountries. Recommendations are made to democrats, feminists and policy makers about <strong>new</strong>directions for <strong>research</strong> and government policy responsiveness.Wellington Community Law Centre. (2002). Review <strong>of</strong> the Domestic Violence Act 1995: Is it meetingits objectives? Wellington, New Zealand: Author.See: www.nzfvc.org.nz/13370.pubTopic Areas: Victims/survivors, Justice, Protection orders, Legislation, Social services,Prevention/intervention/treatmentAbstract: This report discusses whether or not the Domestic Violence Act (1995) is meetingits objectives, as set out in section 5 <strong>of</strong> the Act. The <strong>research</strong> involved sending questionnairesto people working in agencies in the area <strong>of</strong> domestic <strong>violence</strong>, police, and lawyers. Overall,the participants said that the Act was not completely successful and many recommendationswere given for improvement. These recommendations include the granting <strong>of</strong> protectionorders without notice, access to legal aid for all women, more simplified protection orderapplication forms, ongoing training for judges and police <strong>of</strong>ficers, and a tightening <strong>of</strong> section14 <strong>of</strong> the Act that currently gives judges too wide discretionary power.White, K. (2000). Intimate homicide: Women as <strong>of</strong>fenders, women as victims, and the trouble with thelaw. Unpublished manuscript, University <strong>of</strong> Waikato, Hamilton, New Zealand.See: www.nzfvc.org.nz/13141.pubTopic Areas: Intimate partner abuse, Homicide, Women, Perpetrators/<strong>of</strong>fenders, Victims/survivors, Violence against men, Justice, Legislation, Cultural factors, Gender, CulturalpracticeAbstract: This dissertation looks at the legal response to intimate homicide. This form <strong>of</strong>intimate partner <strong>violence</strong> is usually the last act in a continuum <strong>of</strong> <strong>violence</strong> against women in,or after, relationships. When women kill their intimate partners they kill out <strong>of</strong> fear <strong>of</strong> deathor bodily injury. When men kill their partners they kill to control or to punish. The legalresponse to these crimes does not reflect the true nature <strong>of</strong> either group. For women, thismeans that they are subject to male aggression that is not legally sanctioned, and from whichthey cannot effectively protect themselves. Necessity for reform is clear, but manysuggestions for change focus on only one gender, and while this may help, it will always belimited. The author argues that to adequately protect women, discourses and assumptions thatrender women powerless and men powerful, must be directly challenged. Legal systems mustunderstand that domestic <strong>violence</strong> and intimate homicide are related and are completelydifferent to male paradigms <strong>of</strong> <strong>violence</strong>.Part 1 discusses <strong>violence</strong> and intimate homicide, and how the gap between reality and legalresponse has occurred and been maintained. Part 2 outlines the gap between the reality <strong>of</strong>intimate homicide and the legal construction <strong>of</strong> the crimes, and highlights the commonreasons for the differences. Part 3 considers suggestions for <strong>new</strong> defences, reformulations <strong>of</strong>current defences and <strong>new</strong> definitions <strong>of</strong> crimes, for both male and female <strong>of</strong>fenders, andhighlights their dependency on each other.Source: Author’s abstract182

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