Declarations of Inconsistency: A Significant Development in New Zealand’s Constitutional Architecture
OND245NZW011
Description
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Chair: Bronagh McKenna, Barrister, Kate Sheppard Chambers
Declarations of Inconsistency: A Significant Development in New Zealand’s Constitutional Architecture
- What is a declaration of inconsistency (DoI) and what is its effect?
- Jurisdiction and procedure:
- Which courts can make a DoI?
- How to make an application for a DoI?
- Evidence in DoI proceedings
- When may the courts show restraint in declining to make a DoI?
- Looking to the future of DoIs: How is the case law likely to develop?
Presented by Bronagh McKenna, Barrister, Kate Sheppard Chambers
Learning Objective:
- Examine the legal framework of Declarations of Inconsistency (DoIs) in NZ.
Presenters
Bronagh McKenna
Bronagh is an experienced litigator, with particular expertise in public law, human rights and international law. Over two decades of legal experience, she has acted for government, international organisations, and blue-chip corporates.
Before joining the independent bar in 2023, Bronagh was a Crown Counsel in the Crown Law Office’s Constitutional and Human Rights team. She advised government departments and other Crown agencies on a wide range of matters including the exercise of statutory powers, compliance with administrative law duties, the scope of rights under the New Zealand Bill of Rights Act 1990, the extent of New Zealand’s international law obligations and their domestic implementation, and inquiry-related issues.
Bronagh’s international experience spans both the criminal and commercial spheres. It includes over seven years as a prosecutor at the International Criminal Tribunal for the former Yugoslavia in the Hague, prosecuting genocide, crimes against humanity and war crimes. Bronagh has also practised as a competition lawyer with premier London law firm Slaughter and May.