Faculty of Law Te Kauhanganui Tātai Ture

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Publications Nessa Lynch

Authored book

  • Youth Justice in New Zealand (3rd ed, Thomson Reuters, Wellington, 2019).
  • Youth Justice in New Zealand (2nd ed, Thomson Reuters, Wellington, 2016).
  • (with Liz Campbell) The Collection and Retention of DNA from Suspects in New Zealand (Victoria University Press, Wellington, 2015)
  • Youth Justice in New Zealand (Thomson Reuters, Wellington, 2012).
  • (with A H Angelo and L H Suveinakama) Handbook for the Law Commissioners of Tokelau (Wellington, Government of Tokelau, 2008) 237pp.

                  Edited Book

                  • Children’s Rights in Aotearoa New Zealand – Reflections on the 30th Anniversary of the Convention on the Rights of the Child (Law Foundation/Michael & Suzanne Borrin Foundation, Wellington, 17 December 2019) pp 128

                  Edited journal

                  • (with Tony Angelo and Bill Atkin) Victoria University of Wellington Law Review: Special Issue in Honour of Dr George Barton (Wellington, Victoria University of Wellington Law Review, 2012), 43(1)  234pp.
                  • (with G McLay) Victoria University of Wellington Law Review: Special Issue in Honour of Professor David McLauchlan (2011) 42(1) VUWLR 180pp.

                  Chapter in book

                  • "Protective measures for children accused or convicted of serious crimes" in Wendy O'Brien and Cédric Foussard (eds) Violence Against Children in the Criminal Justice System: Global Perspectives on Prevention (Routledge London 11 September 2019 online) pp17
                  • "Human Rights for 'Hard Cases': Alternatives to Imprisonment for Serious Offending by Children and Youth" in Elizabeth Stanley (ed) Human Rights and Incarceration: Critical Exploration (Springer, 2018) pp 153-179.
                  • "Youth Justice" in Warren Brookbanks and Julia Tolmie (eds) Perspectives on Criminal Justice in New Zealand (LexisNexis, 2007) pp 359-387.

                  Journal articles

                  • (with T Liefaard) "What is Left in the 'Too Hard Basket'? Developments and Challenges for the Rights of Children in Conflict with the Law" (2020) 28 The International Journal of Children's Rights pp 1-23.
                  • "Towards a Principled Legal Response to Children Who Kill" (2018) 18(3) Youth Justice pp 211–229. [view]
                  • "'The Other Child' – The Rights of the Child Victim in the Youth Justice System" (2018) 26(2) International Journal of Children’s Rights pp 228-250.
                  • "'Manifest Injustice?' The Judiciary as Moderator of Penal Excess in the Sentencing of Youth for Murder" (2018) 57(1) Howard Journal of Crime and Justice pp 57–76 SSRN.
                  • (with K Peirse-O'Byrne)  "Criminal records in the youth jurisdiction" (2016) New Zealand Law Journal 362.
                  • "Case Note: The Sentencing Of The Vulnerable: P v R" (2016) Te Wharenga - The New Zealand Criminal Law Review pp 103-109.
                  • "Permanent name suppression for a child convicted of homicide" (2016) New Zealand Law Journal 13.
                  • (with Liz Campbell) "'To Have And To Have Not': The Retention Of DNA For Criminal Justice Purposes In New Zealand" (2016) New Zealand Law Review.
                  • Balancing Rights and Interests: The Power to Compulsorily Acquire DNA from Suspects in New Zealand’ (2014) 26(2) New Zealand Universities Law Review 297.
                  • "'Girls Behaving Badly?' Young Female Violence in New Zealand" in Victoria University of Wellington Law Review: Special Issue in honour of Harriette Vine, First Woman Law Graduate 1913 (2014) 45(3) VUWLR pp 509-524 SSRN.
                  • "A Statutory Vetting Scheme for the Children's Workforce in New Zealand: Rights, Responsibilities and Parameters" (2013) 44 (3/4) Victoria University of Wellington Law Review pp 439-558 SSRN.
                  • "Contrasts in Tolerance in a Single Jurisdiction: The Case of New Zealand" (2013) 3 International Criminal Justice Review pp 217-232 SSRN.
                  • "The 'Pushback' of Child Offending Cases to the Family Court" (2013) 7(12) NZ Family Law Journal pp1-6 SSRN.
                  • (with Liz Campbell) "Competing Paradigms? The Use of DNA Powers in Youth Justice" (2012) 12(1) Youth Justice pp 3-18.
                  • "Playing Catch-up? Recent Reform of New Zealand's Youth Justice System" (2012) 12 Criminology and Criminal Justice pp 507-526.
                  • "Doli Incapax" [2011] New Zealand Law Journal pp 245.
                  • "Restorative Justice Through a Children's Rights Lens" (2010) 18 International Journal of Children's Rights pp161-183 SSRN.
                  • "A Change in the Law for Child Offenders: The Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010" [2010] 6 New Zealand Family Law Journal pp 289.
                  • "Changes to Youth Justice [2010] New Zealand Law Journal pp129 SSRN.
                  • "Youth Justice in New Zealand: A Children's Rights Perspective" (2008) 8(3) Youth Justice pp 215-229 SSRN.
                  • "Young Suspects" [2008] New Zealand Law Journal pp 357-358 SSRN.
                  • "Respecting legal rights in the New Zealand youth justice family group conference" (2007) 19 Current Issues in Criminal Justice pp 75-89 SSRN.
                  • with J Allan and G Huscroft "The citation of overseas authority in rights litigation in New Zealand" (2007) 11 Otago Law Review pp 433-469 SSRN.
                  • "Clearing the mist from retrospectivity" (2006) New Zealand Law Journal pp 89-90 SSRN.

                  Journal contribution - Book reviews

                  • Review of Zimrig, F E, Langer M, & Tanenhaus, D S (eds) (2015) Juvenile justice in global perspective (2016) International Criminal Justice Review DOI: 10.1177/1057567716630350 SSRN.
                  • Review of  Antonella Invernizzi and Jane Williams, The Human Rights Of Children: From Visions To Implementation (2014) 24 (3) Law and Politics Book Review SSRN.
                  • Review of 'Youth Justice and Child Protection' (2007) 7 Youth Justice pp 165.

                  Reports

                  Discussion papers

                  (with K Bruce) Youth Justice at The Margins –The Conceptual And Practical Implications Of Including 17 Year Olds In The Youth Justice System (2016).

                  (with K Bruce)  Including 17 year olds in the youth justice system- the facts (Justspeak, Wellington, 2016)

                  Looseleaf Treatises

                  • Youth Court Procedure – Adams on Criminal Law (Thomson Reuters)
                  • Youth Justice – Brooker’s Child Law (Thomson Reuters)
                  • (2016) International standards for youth justice – Relevance and application. Youth Court Bench Book: Institute of Judicial Studies.
                  • (2016) Child offenders. Youth Court Bench Book: Institute of Judicial Studies.

                  Conference presentations

                  • "Facial Recognition Technology in New Zealand –  legal and ethical parameters" Paper presented at the ANZ Criminology Conference – Justice Reimagined: The Intersection between Academia, Government, Industry and the Community (Perth, Western Australian, 10-13th December 2019).
                  • "A Children's Rights Compliant Approach to Homicide Cases – A Comparison of Civil and Common Law Jurisdictions" Paper presented at the 19th Annual Conference of the European Society of Criminology: Convergent roads, bridges and new pathways in criminology (Ghent, Belgium, 18-21 September 2019).
                  • "Innovations in diversionary procedures in the New Zealand youth justice system" Paper presented at the 19th Annual Conference of the European Society of Criminology: Convergent roads, bridges and new pathways in criminology (Ghent, Belgium, 18-21 September 2019).
                  • "Principles to Practice" Paper delivered at the Youth Court Judges' Triennial Conference (Auckland, July 2019).
                  • (with Clare-Ann Fortune) "Young female offenders – an update" Paper delivered at the Youth Court Judges' Triennial Conference (Auckland, July 2019).
                  • "What is left in the too-hard basket? Children’s rights when in conflict with the law" Paper presented at the IJCR UNCRC 30th Anniversary Conference: Thirty Years of Children's Rights Scholarship: Taking Stock and Thinking Ahead (London, 20-21 June 2019).
                  • "Privacy and State Surveillance in New Zealand" Paper at the State Surveillance and New Technologies workshop – University of East Anglia (Norwich, England, 11 June 2019).
                  • "What is a judge’s role where actuarial risk assessment is before the court? A comparative case-law analysis" Law and Society Association Annual Meeting (Washington DC, United States, 30 May 2019).
                  • "A Principled Framework for Serious Violent Offending by Children" Paper presented at the SLSA Annual Meeting (Leeds, England,  April 2019).
                  • "Judicial rebellion? How New Zealand’s three strikes sentencing law has been applied" Australian and New Zealand Society of Criminology Conference (Melbourne, Australia 4-8 December 2018).
                  • (with Clare-Ann Fortune) "Young female offenders" at South Pacific Council of Youth and Children’s Courts Conference (Wellington, 17-19 October 2018).
                  • "Safety Valves: Judicial Discretion in the Context of Mandatory and Presumptive Sentencing for Murder" at 18th Annual Conference of the European Society of Criminology: Crimes Against Humans and Crimes Against Humanity 29 August to 1 September 2018, Sarajevo, Bosnia and Herzegovina.
                  • "Youth Justice in New Zealand" at  Cross-National Strategies to Advance Systems of Youth Justice and Child Protection (Leiden, The Netherlands, 21-23 August 2018).
                  • "'Safety valves' in mandatory sentencing for murder" Seminar paper delivered at the Sutherland School of Law, University College (Dublin, Ireland, 18 April, 2018).
                  • "A Globally Leading Blueprint For A Transformation" – What Does Recent Legislative Reform Mean For Children’s Rights In New Zealand?  Oral presentation at the Frontiers of Children’s Rights and Family Law Workshop (University College Cork, Ireland, 16/17 April 2018).
                  • "Young perpetrators and child victims: The scope of human rights standards" at Australia and New Zealand Society of Criminology Annual Conference (Canberra, December 2017).
                  • "Child Victims, Child Perpetrators" at European Society of Criminology Conference (Cardiff, 13-16th September 2017).
                  • "Locking up the Most Vulnerable – the use of adult sentences of imprisonment for children and youth" Human Rights and Imprisonment Symposium (Wellington, April 2017).
                  • "Judicial Innovations in the District Court of New Zealand – Addressing Inequality and Over Representation" at ALTA 2016 Advancing Better Government, Sustainable Economies, Vibrant Communities: Law's Role? (Wellington, 7-9 July 2016).
                  • "International Standards for Youth Justice – Relevance and Application in the Youth Court of New Zealand" at Youth Court Judges’  Triennial Conference  Half the Numbers, Twice the Complexity (Christchurch, 10 August 2016).
                  • "The Harmful Digital Communications Act 2015 – Legal Responses to Cyber-aggression Cases" at Cyber-aggression and Restorative Responses Roundtable (Victoria University of Wellington, 26 August 2016).
                  • "The sentencing of children and youth for murder in New Zealand" at 29th Annual Australian and New Zealand Society of Criminology Conference (Hobart, Tasmania, Australia, 29 November 2016).
                  • "The Collection and Retention of DNA from Suspects in New Zealand and Australian Jurisdictions" presented at Crime, Justice and Social Democracy: 3rd International Conference July 2015, QUT Brisbane, Australia.
                  • "Exploring the divergence between New Zealand’s adult and youth systems" presented at the Symposium on Current Issues in Crime and Criminal Justice: A Dialogue between the Pacific and the Greater China Region, VUW, Wellington, 21-23 October 2014.
                  • "A Tale of Two Murders – Responses to violent and extraordinary youth offending in New Zealand" at British Society of Criminology Annual Conference, Liverpool, July 2014.
                  • Lynch Nessa, The CYPF Act’s Child Offender Provisions: An analysis of their application since 2010’Address to the Triennial Youth Court Judges’ Conference 18-20 September 2013, Wellington, New Zealand.
                  • "The 2010 reforms of the New Zealand youth justice system: From progressive to punitive?" Australasian Youth Justice Conference—Changing trajectories of offending and reoffending, National Convention Centre Canberra, Australia, 20-22 May 2013.
                  • Lynch, Nessa, ‘Balancing Rights and Interests – the collection and retention of DNA from suspects in New Zealand’ , Annual Meeting of the Australia and New Zealand Association of Psychiatrists, Psychologists and the Law, Adelaide, Australia, November 2013.
                  • "New measures to address serious and persistent youth offending in New Zealand" at Australian & New Zealand Association of Psychiatry, Psychology and Law Conference on Youth Justice, Adelaide, Australia, August 2012.
                  • "Keeping children safe through vetting schemes – A view from the Antipodes" at BASPCAN Triennal Congress, Belfast, Northern Ireland, 15-18 April 2012.
                  • "The ancient doctrine of doli incapax in modern criminal law" at Law and Society Association of Australia and New Zealand Conference 'Ceremonies of Law: Doctrine, Ritual, Ceremonial' (Wollongong, December 2011).
                  • "From Progressive to Punitive? Recent reform of the New Zealand youth justice system" at Crime and Punishment 'The Rising Punitiveness' Joint Conference of the Australian & New Zealand Association of Psychiatry, Psychology and Law and the Royal Australian & New Zealand College of Psychiatrists (Faculty of Forensic Psychiatry) (Wellington, November 2011).
                  • "Vetting and barring schemes in child protection - relationships between cildren, parents and the state" at Critic and Conscience 27th Annual Conference of the Law and Society Association of Australia and New Zealand (Wellington, December, 2010).
                  • "Changes to Youth Justice in New Zealand and Implications for Australia" at National Youth La and Juvenile Justice Forum (Melbourne, October, 2010).
                  • "Restorative Justice and Children's Rights" at the Children and the Law: International approaches to children and their vulnerabilities Conference (Prato, Italy 7-10th September 2009).
                  • "‘The Rights of the Young Person in the Youth Justice Family Group Conference (FGC)" at Youth at Risk - The Role of the Justice System Symposium (Auckland, March 2009).
                  • "Youth Justice Reform in New Zealand" at 21st Annual Australia and New Zealand Society of Criminology Conference (Canberra, November, 2008).
                  • "Youth Justice in New Zealand: A Children’s Rights Perspective" Youth Justice 2008- Measuring Compliance with International Standards, Centre for Criminal Justice and Human Rights, University College (Cork, Ireland, 3-4 April 2008).
                  • ‘"The UN Convention on the Rights of the Child: Relevance to the New Zealand Youth Justice System" Working Together ~ Ma Tini Ma Mano Ka Rapa Te Whai (A Practical Conference on Offending by Young People in New Zealand) (Wellington, November, 2007).
                  • "‘The Rights of the Young Person in the New Zealand Youth Justice Conference" 20th Annual Australia and New Zealand Society of Criminology Conference (Adelaide, September, 2007).

                  Oral presentations

                  • "Is there a case for a youth exception to presumptive sentencing laws for murder in New Zealand?" presentation to Faculty of Law Staff, Victoria University of Wellington, 7 November 2017.
                  • "The other child? The rights and interests of the child victim in youth justice proceedings" presentation at the Centre for Children’s Rights, Queens University Belfast, 7 September 2017.
                  • with Liz Campbell "The Use of DNA Powers in the Youth Justice System: A Comparative Analysis" seminar at Faculty of Law Victoria University of Wellington (Wellington, December, 2010).
                  • "Vetting Schemes in Child Protection" at American Society of Criminology Annual Meeting (San Francisco, November, 2010).
                  • "Vetting Schemes for Those Who Work with Children: A Critical Analysis" Seminar at School of Cultural and Social Studies, Victoria University of Wellington (Wellington, October 2010).
                  • "Home-grown to contra-flow: Theorizing recent reforms in New Zealand youth justice" Staff Seminar (Victoria University of Wellington Law Faculty, Wellington, 13 May 2010).

                  Thesis

                  • "The rights of the young person in the New Zealand youth justice family group conference" PhD thesis (2009) pp 341