title: Imbalance in surrender: the backing of warrants procedure with Australia under Part 4 of the Extradition Act 1999

authors: Butler, Rynae Daphne

subjects: backed warrant procedure

abstract: The backing-of-warrants is a fast-track procedure for extradition regulated under Part 4 of the Extradition Act 1999.  This thesis critically scrutinises a recent review of the legislation by the Law Commission as it relates to the impact of its proposed new Act on the current backed-warrant procedure, particularly as it relates to Australia.  The Commission’s proposal that its new Act will achieve the Commission’s objective to “strike the necessary and appropriate balance between protecting the rights of those whose extradition is sought and providing an efficient mechanism for extradition” will be analysed and critiqued.    It will be shown that, the Commission has tipped the balance towards the liberty interests of the requested person, when it proposed to increase the breadth of grounds by which the courts may refuse surrender under a new “unjust or oppressive” provision. As a consequence, the proposed legislative provisions may risk breaching the doctrine of comity and frustrating the backed-warrant procedure. This thesis further posits that comity should not be over-emphasised, particularly as the Commission has not at all or has inadequately considered the disparity that exists between the way comity is applied in practise by the Australian and New Zealand courts. As a consequence, the proposed less onerous test for Australia, is unjustified. While the Commission’s proposal gives weight to the growing importance of human rights as a determining factor in surrender nevertheless, the Commission’s proposals lack coherency and fail to delineate between the standard procedure and the backed-warrant procedure. In absence of any evidence that the efficacy of the backed-warrant procedure is wanting, the impact of the Commission’s proposals, are unlikely therefore to achieve the balance it strives to achieve.   The argument put here is that there is a strong principled case for strengthening human rights protections in the current backed-warrant procedure. In that regard, this thesis advances the proposition that in combination, the Commission’s New Zealand Bill of Rights proposal and a role for a proposed central authority - subject to reconceptualising comity in this context to one that includes a human rights component.  To that end, this thesis advocates replacing the balancing act paradigm that purports to reconcile the competing interests underpinning extradition with an assessment of human rights as a primary determining factor in surrender at both the initial stages and latter stages of the backed-warrant procedure. This model, as proposed, will maintain the fast-track nature of the backed-warrant procedure as it would allow the judiciary to differentiate risk between low-level and gross forms of human rights violations or abuse.  Finally, this thesis posits that the jurisprudential acceptance in the courts of the extraterritorial effect of the New Zealand Bill of Rights Act 1990 in relation to Australian Police conduct in New Zealand merits attention.

text: Imbalance in surrender: the backing of warrants procedure with Australia under Part 4 of the Extradition Act 1999 The backing-of-warrants is a fast-track procedure for extradition regulated under Part 4 of the Extradition Act 1999.  This thesis critically scrutinises a recent review of the legislation by the Law Commission as it relates to the impact of its proposed new Act on the current backed-warrant procedure, particularly as it relates to Australia.  The Commission’s proposal that its new Act will achieve the Commission’s objective to “strike the necessary and appropriate balance between protecting the rights of those whose extradition is sought and providing an efficient mechanism for extradition” will be analysed and critiqued.    It will be shown that, the Commission has tipped the balance towards the liberty interests of the requested person, when it proposed to increase the breadth of grounds by which the courts may refuse surrender under a new “unjust or oppressive” provision. As a consequence, the proposed legislative provisions may risk breaching the doctrine of comity and frustrating the backed-warrant procedure. This thesis further posits that comity should not be over-emphasised, particularly as the Commission has not at all or has inadequately considered the disparity that exists between the way comity is applied in practise by the Australian and New Zealand courts. As a consequence, the proposed less onerous test for Australia, is unjustified. While the Commission’s proposal gives weight to the growing importance of human rights as a determining factor in surrender nevertheless, the Commission’s proposals lack coherency and fail to delineate between the standard procedure and the backed-warrant procedure. In absence of any evidence that the efficacy of the backed-warrant procedure is wanting, the impact of the Commission’s proposals, are unlikely therefore to achieve the balance it strives to achieve.   The argument put here is that there is a strong principled case for strengthening human rights protections in the current backed-warrant procedure. In that regard, this thesis advances the proposition that in combination, the Commission’s New Zealand Bill of Rights proposal and a role for a proposed central authority - subject to reconceptualising comity in this context to one that includes a human rights component.  To that end, this thesis advocates replacing the balancing act paradigm that purports to reconcile the competing interests underpinning extradition with an assessment of human rights as a primary determining factor in surrender at both the initial stages and latter stages of the backed-warrant procedure. This model, as proposed, will maintain the fast-track nature of the backed-warrant procedure as it would allow the judiciary to differentiate risk between low-level and gross forms of human rights violations or abuse.  Finally, this thesis posits that the jurisprudential acceptance in the courts of the extraterritorial effect of the New Zealand Bill of Rights Act 1990 in relation to Australian Police conduct in New Zealand merits attention.

year: 2017

title: How Are Inclusive Education Resource Centre Supported Students With Special Needs Experiencing Education In Regular Classroom Settings In The Town Schools In Western Province Of Papua New Guinea? A Case Study Approach

authors: Bomen, Roweng

abstract: The study considers special needs students’ education development in the context of the Papua New Guinea (PNG) education system. In particular, it examines the experiences, perceptions and expectations of three groups involved, which are teachers, parents and special needs students themselves in relation to inclusive practices in mainstream school settings. While some research has been done in other areas of inclusive education in PNG, none has included the point of view of special needs students attaining education in regular class settings. The study aimed at discovering the extent to which the inclusive education (IE) policy and IE practices are enacted in regular schools in Daru, in PNG. IE practices can be found in schools in PNG, but many are not effective. In particular, we know very little about the special needs students’ experiences, perceptions and expectations of IE in regular class environments, as their voices are not often heard. 

The study undertaken used a qualitative research approach case study to gather data about IE practices in selected schools in Daru Island of Western Province, Papua New Guinea. The research design used was an embedded “single-case” format that strived to explore the reality of the SN students’ experiences in regular classes through talking to them and the adults in their immediate environment. The case study approach used exploratory, descriptive and explanatory methodologies. In the exploratory part, a research framework was set within the context of the research question. In the descriptive part, the research described the concept of inclusive education and its development towards including SN students in PNG society, and in the explanatory part, it focused on the reasons and result of inclusive practices within the context of the children, teachers and adults who care for them. Specifically, interviews were conducted with four teachers, three parents and a focus group consisting of three special needs students. A mini non-participatory class observation was conducted for supplementary information. Data gathered were analysed using a thematic analysis approach.

The findings reveal that special needs students are very interested in attaining education to fulfil their dreams. Their parents’ continuous support towards their SN children’s personal livelihood development was helpful to their SN children. However, a number of social justice issues greatly impacted on how inclusive education for the SN students concerned was being practiced in regular classrooms. Issues included: lack of access to facilities, unbalanced curriculum, teacher-centred teaching rather than SN student-centred teaching and learning practices, limited resources, negative stereotypical behaviour by non-disabled people and social exclusion. This study concludes that more advocacy programmes and a change of people’s mindset towards dealing with SN students in the schools and community are necessary to combat existing discriminatory attitudes and social segregation of special needs students within regular schools and their community.

text: How Are Inclusive Education Resource Centre Supported Students With Special Needs Experiencing Education In Regular Classroom Settings In The Town Schools In Western Province Of Papua New Guinea? A Case Study Approach The study considers special needs students’ education development in the context of the Papua New Guinea (PNG) education system. In particular, it examines the experiences, perceptions and expectations of three groups involved, which are teachers, parents and special needs students themselves in relation to inclusive practices in mainstream school settings. While some research has been done in other areas of inclusive education in PNG, none has included the point of view of special needs students attaining education in regular class settings. The study aimed at discovering the extent to which the inclusive education (IE) policy and IE practices are enacted in regular schools in Daru, in PNG. IE practices can be found in schools in PNG, but many are not effective. In particular, we know very little about the special needs students’ experiences, perceptions and expectations of IE in regular class environments, as their voices are not often heard. 

The study undertaken used a qualitative research approach case study to gather data about IE practices in selected schools in Daru Island of Western Province, Papua New Guinea. The research design used was an embedded “single-case” format that strived to explore the reality of the SN students’ experiences in regular classes through talking to them and the adults in their immediate environment. The case study approach used exploratory, descriptive and explanatory methodologies. In the exploratory part, a research framework was set within the context of the research question. In the descriptive part, the research described the concept of inclusive education and its development towards including SN students in PNG society, and in the explanatory part, it focused on the reasons and result of inclusive practices within the context of the children, teachers and adults who care for them. Specifically, interviews were conducted with four teachers, three parents and a focus group consisting of three special needs students. A mini non-participatory class observation was conducted for supplementary information. Data gathered were analysed using a thematic analysis approach.

The findings reveal that special needs students are very interested in attaining education to fulfil their dreams. Their parents’ continuous support towards their SN children’s personal livelihood development was helpful to their SN children. However, a number of social justice issues greatly impacted on how inclusive education for the SN students concerned was being practiced in regular classrooms. Issues included: lack of access to facilities, unbalanced curriculum, teacher-centred teaching rather than SN student-centred teaching and learning practices, limited resources, negative stereotypical behaviour by non-disabled people and social exclusion. This study concludes that more advocacy programmes and a change of people’s mindset towards dealing with SN students in the schools and community are necessary to combat existing discriminatory attitudes and social segregation of special needs students within regular schools and their community.

year: 2017

title: The Waikato invasion 1863-1864: A counter-insurgency approach

authors: Swears, Calum Robert

subjects: Counterinsurgency

abstract: Counter-insurgency as a strategy has only been explicitly espoused in American and British military tactical manuals in recent decades. It is anachronistic to military terminology before the last half century, but as this thesis illustrates counter-insurgency can be seen in embryonic form in the conflicts of the 1860s between Indigenous Māori and invading British forces in Aotearoa New Zealand. This thesis examines how early counter-insurgency strategy was evident in the tactical and strategic approaches used by Crown forces during the invasion of the Waikato in 1863-64. It asks: what evidence of counter-insurgency strategy can be seen in both British and Māori tactics at the time, and were they planned and intentional? 
Using two recent counter-insurgency tactical manuals - one American and the other British - this study compares present-day counter-insurgency principles, philosophies, and approaches to examples of Māori and British strategies during the 1860’s wars in Waikato, New Zealand. It illustrates how the Crown’s “suppression of rebellion” served as the contemporary political wording for its counter-insurgency campaign, which effectively repositioned Indigenous peoples as insurgents and “rebels” in their own territories and legitimated British colonial authority. Thus, this study argues that counter-insurgency in British military history arose from the various colonial invasions and occupations it undertook over several centuries. In Aotearoa, as this thesis argues, counter-insurgency tactics were used to establish legitimacy through civil-military operations such as land seizure, public proclamations and reports that vilified Māori and asserted British governing authority. The history of counter-insurgency as it is understood in British and American military thinking today, then, as this study contends is deeply connected to, and informed by, powerful colonial discourses, strategies, and experiences similar to those explored in this study of the Waikato invasion.

text: The Waikato invasion 1863-1864: A counter-insurgency approach Counter-insurgency as a strategy has only been explicitly espoused in American and British military tactical manuals in recent decades. It is anachronistic to military terminology before the last half century, but as this thesis illustrates counter-insurgency can be seen in embryonic form in the conflicts of the 1860s between Indigenous Māori and invading British forces in Aotearoa New Zealand. This thesis examines how early counter-insurgency strategy was evident in the tactical and strategic approaches used by Crown forces during the invasion of the Waikato in 1863-64. It asks: what evidence of counter-insurgency strategy can be seen in both British and Māori tactics at the time, and were they planned and intentional? 
Using two recent counter-insurgency tactical manuals - one American and the other British - this study compares present-day counter-insurgency principles, philosophies, and approaches to examples of Māori and British strategies during the 1860’s wars in Waikato, New Zealand. It illustrates how the Crown’s “suppression of rebellion” served as the contemporary political wording for its counter-insurgency campaign, which effectively repositioned Indigenous peoples as insurgents and “rebels” in their own territories and legitimated British colonial authority. Thus, this study argues that counter-insurgency in British military history arose from the various colonial invasions and occupations it undertook over several centuries. In Aotearoa, as this thesis argues, counter-insurgency tactics were used to establish legitimacy through civil-military operations such as land seizure, public proclamations and reports that vilified Māori and asserted British governing authority. The history of counter-insurgency as it is understood in British and American military thinking today, then, as this study contends is deeply connected to, and informed by, powerful colonial discourses, strategies, and experiences similar to those explored in this study of the Waikato invasion.

year: 2022