Feminist perspective on natural disasters responses: lessons from the Canterbury earthquakes / Annick Masselot. Abstract: What do earthquakes have to do with gender? Quite a lot. Based on the experience of the Canterbury earthquakes, this article argues that disaster emergency management and responses must necessarily be underpinned by considerations of gender equality. Earthquakes take place in the context of structural inequalities. The gender impact of natural disasters leads to unequal gender outcomes which, in turn, are further amplified by disaster emergency responses. Fundamental values, such as gender equality, are typically compromised during disaster emergency management and recovery. Gender equality is frequently dismissed as a luxury for times of plenty, while efficiency and cost are often raised as objections to including gender considerations into emergency responses. This article argues that gender-based decisions contribute to strengthened emergency response outcomes. More importantly, humanity’s very way of life, and potentially existence, depends fundamentally on the ability to make gender-based decisions at all times, including in times of natural disaster emergencies. (pages 24-42)

Transforming women-only spaces: law, policies and realities of trans inclusion in women-only safe houses in Aotearoa New Zealand / Phoebe Moir. Abstract: Women-only spaces such as safe houses (or women’s shelters) have always been places of safety and freedom for women to come together and empower each other without the influence of men. Recently, there has been a movement to exclude trans women from such spaces. While safe houses in Aotearoa New Zealand are generally inclusive of trans women, there are further practical measures which can be implemented to better support this inclusion. This paper begins by discussing the law in Aotearoa New Zealand relating to trans rights and comparing this to the law in the United Kingdom, then analyses arguments against trans inclusion and explains why they do not stand under scrutiny. This paper then analyses how to support inclusive policies with practical measures, and how inclusive policies have generally been applied in Aotearoa New Zealand. This paper concludes that inclusive policies benefit everyone, including vulnerable minorities such as trans women. Trans survivors of IPV should know with certainty, the same as every other survivor, that there are services available to support them should they need it. Trans women are a marginalised and vulnerable group, whose interests have been absent from public consideration for far too long. The analysis in this article reveals that it is time for us to question how we can better serve trans women, because we can do better. All we need to do is open our minds to the fact that our current system is not perfect. (pages 43-69)

Recognising and understanding financial abuse: addressing how agreements under s 21 of the Property (Relationships) Act 1976 can act as a mechanism for financial abuse / Freya McKechnie and Emma Phelps. Abstract: Intimate partner violence is sadly prevalent in New Zealand and can come in many different forms. Often the focus of academia and policy is on the physical, sexual and psychological forms of intimate partner violence. However, there are also other, less-recognised, forms of intimate partner violence, including financial abuse. This article focuses on how relationship property laws that enable people to contract out of default rules for property sharing may be used to perpetrate financial abuse. It then discusses the legal framework and considers the potential for change in this area. (pages 70-93)

Speaking ill of the dead when “erotic asphyxiation goes wrong”: New Zealand’s need for a consistent approach to sexual history evidence in fatal and non-fatal sexual cases / Nadia Murray-Ragg. Abstract: Sexual history evidence with respect to deceased victims of sexualised killings is admissible in New Zealand. Arguing the death occurred during consensual “erotic asphyxiation gone wrong” is a popular defence strategy which emphasises the deceased’s sexual history. Section 7 of the Evidence Act 2006 provides that evidence is only admissible when, in logical terms, it tends to prove or disprove a material issue. However, it is logical that a woman can have previously consented to erotic asphyxiation, and not have consented to erotic asphyxiation in a later sexual experience. There are good reasons to doubt whether consensual sexual history is ever relevant, both when the victim is deceased, and when the complainant is living. This article analyses why having different rules for the admissibility of sexual history evidence in fatal and non-fatal sexual cases is harmful, using Grace Millane’s case as an example. Drawing on submissions made in the Peter Ellis appeal, this article argues for a consistent approach to the admissibility of sexual history evidence whether the victim is deceased, or the complainant is living. This article suggests that the current evidence admissibility rules can exclude sexual history evidence if applied consistently with the modern definition of consent. However, influenced by gendered stereotypes and rape myths, courts are finding that the deceased’s sexual history evidence is relevant. This precedent is unlikely to be expeditiously changed. Therefore, this article recommends that Parliament amend the Evidence Act to exclude sexual history evidence with respect to deceased victims of femicide. (pages 94-120)

Tuakana-teina whakawhiti kōrero – A reflection on the legal profession / Alice Mander and Reina Vaii. Abstract: This tuakana-teina discussion was born out of the “Law and Gender: Beyond Patriarchy” Symposium, where both Alice and Reina spoke about their experiences in the legal profession. Reina is a Samoan lawyer and journalist from South Auckland. Alice is a Law and Arts student, and a passionate advocate for the disabled community. She currently serves as Co-President of the National Disabled Students’ Association. In this kōrero, Alice and Reina discuss three topics that have shaped their experiences in the legal world: belonging, tokenism and being the exceptional anomaly. (pages 121-133)

New Zealand Women's Law Journal - Te Aho Kawe Kaupapa Ture a ngā Wāhine, 2022, 6Summary: This edition of the Journal was born out of this journey beyond just the publishing world. In February 2022, the Journal collaborated with the Auckland University of Technology Law School Te Wānanga Aronui o Tāmaki Makau Rau to hold a Symposium titled “Law and Gender: Beyond Patriarchy”. As discussed by Dr Cassandra Mudgway and Dr Lida Ayoubi in the Foreword, the Symposium sought to focus, specifically, on the many different gender and feminist issues in the law. We wanted to ensure the speakers were diverse and we looked to create a space where people felt safe to present their research and engage in discussion about gender, intersectionality and feminism. (From the Editorial). Abstracts for each paper are provided above. Record #7957

Holdings ( 1 )
Title notes

Item type	Current location	Call number	Status	Date due	Barcode
Access online	Family Violence library	Online	Available		ON22120013

New Zealand Women's Law Journal - Te Aho Kawe Kaupapa Ture a ngā Wāhine, 2022, Volume VI

Sistahs in arms? Mana wāhine and feminism / Khylee Quince. Keynote speech, (pages 9-23)

Feminist perspective on natural disasters responses: lessons from the Canterbury earthquakes / Annick Masselot. Abstract: What do earthquakes have to do with gender? Quite a lot. Based on the experience of the Canterbury earthquakes, this article argues that disaster emergency management and responses must necessarily be underpinned by considerations of gender equality. Earthquakes take place in the context of structural inequalities. The gender impact of natural disasters leads to unequal gender outcomes which, in turn, are further amplified by disaster emergency responses. Fundamental
values, such as gender equality, are typically compromised during disaster emergency management and recovery. Gender equality is frequently dismissed as a luxury for times of plenty, while efficiency and cost are often raised as objections
to including gender considerations into emergency responses. This article argues that gender-based decisions contribute to strengthened emergency response outcomes. More importantly, humanity’s very way of life, and potentially
existence, depends fundamentally on the ability to make gender-based decisions at all times, including in times of natural disaster emergencies. (pages 24-42)

Transforming women-only spaces: law, policies and realities of trans inclusion in women-only safe houses in Aotearoa
New Zealand / Phoebe Moir. Abstract: Women-only spaces such as safe houses (or women’s shelters) have always been
places of safety and freedom for women to come together and empower each other without the influence of men. Recently, there has been a movement to exclude trans women from such spaces. While safe houses in Aotearoa New Zealand are
generally inclusive of trans women, there are further practical measures which can be implemented to better support this inclusion. This paper begins by discussing the law in Aotearoa New Zealand relating to trans rights and comparing this to the law in the United Kingdom, then analyses arguments against trans inclusion and explains why they do not stand under
scrutiny. This paper then analyses how to support inclusive policies with practical measures, and how inclusive policies have generally been applied in Aotearoa New Zealand. This paper concludes that inclusive policies benefit everyone,
including vulnerable minorities such as trans women.
Trans survivors of IPV should know with certainty, the same as every other survivor, that there are services available to support them should they need it. Trans women are a marginalised and vulnerable group, whose interests have been absent from public consideration for far too long. The analysis in this article
reveals that it is time for us to question how we can better serve trans women, because we can do better. All we need to do is open our minds to the fact that our current system is not perfect. (pages 43-69)

Recognising and understanding financial abuse: addressing how agreements under s 21 of the Property (Relationships) Act 1976
can act as a mechanism for financial abuse / Freya McKechnie and Emma Phelps. Abstract: Intimate partner violence is sadly prevalent in New Zealand and can come in
many different forms. Often the focus of academia and policy is on the physical, sexual and psychological forms of intimate partner violence. However, there are also other, less-recognised, forms of intimate partner violence, including financial abuse. This article focuses on how relationship property laws that enable people to contract out of default rules for property sharing may be used to perpetrate
financial abuse. It then discusses the legal framework and considers the potential for change in this area. (pages 70-93)

Speaking ill of the dead when “erotic asphyxiation goes wrong”: New Zealand’s need for a consistent approach to sexual history evidence in fatal and non-fatal sexual cases / Nadia Murray-Ragg. Abstract: Sexual history evidence with respect to deceased victims of sexualised killings is admissible in New Zealand. Arguing the death occurred during consensual “erotic asphyxiation gone wrong” is a popular defence strategy which emphasises the deceased’s sexual history. Section 7 of the Evidence Act 2006 provides that
evidence is only admissible when, in logical terms, it tends to prove or disprove a material issue. However, it is logical that a woman can have previously consented to erotic asphyxiation, and not have consented to erotic asphyxiation in a later sexual experience. There are good reasons to doubt whether consensual sexual history is ever relevant, both when the victim is deceased, and when the complainant is living. This article analyses why having different rules for the admissibility of sexual history evidence in fatal and non-fatal sexual cases is harmful, using Grace Millane’s case as an example. Drawing on submissions made in the Peter Ellis appeal, this article argues for a consistent approach to the admissibility of sexual history evidence whether the victim is deceased, or the
complainant is living. This article suggests that the current evidence admissibility rules can exclude sexual history evidence if applied consistently with the modern definition of consent. However, influenced by gendered stereotypes and rape myths, courts are finding that the deceased’s sexual history evidence is relevant. This precedent is unlikely to be expeditiously changed. Therefore, this article recommends that Parliament amend the Evidence Act to exclude sexual history evidence with respect to deceased victims of femicide. (pages 94-120)

This edition of the Journal was born out of this journey beyond just the publishing world. In February 2022, the Journal collaborated with the Auckland University of Technology Law School Te Wānanga Aronui o Tāmaki Makau Rau to hold a Symposium titled “Law and Gender: Beyond Patriarchy”. As
discussed by Dr Cassandra Mudgway and Dr Lida Ayoubi in the Foreword, the Symposium sought to focus, specifically, on the many different gender and feminist issues in the law. We wanted to ensure the speakers were diverse and
we looked to create a space where people felt safe to present their research and engage in discussion about gender, intersectionality and feminism. (From the Editorial).

Abstracts for each paper are provided above. Record #7957

New Zealand Family Violence Clearinghouse

By: Quince, Khylee.

Contributor(s): Quince, Khylee | Masselot, Annick | Moir, Phoebe | McKechnie, Freya | Phelps, Emma | Murray-Ragg, Nadia | Vaii, Reina | Mander, Alice | Maiden, Ella | Werry, Kat | Mudgway, Cassandra | Ayoubi, Lida.

By: Quince, Khylee .

Contributor(s): Quince, Khylee | Masselot, Annick | Moir, Phoebe | McKechnie, Freya | Phelps, Emma | Murray-Ragg, Nadia | Vaii, Reina | Mander, Alice | Maiden, Ella | Werry, Kat | Mudgway, Cassandra | Ayoubi, Lida .