Magna Data: From Magna Carta to Big Data

New Zealand Law Librarians’ Association Conference 2015Auckland University of Technology, 10 & 11 September 2015

Day One: Abstracts and speaker biographiesThe enduring value of books to the law: a law teacher’s perspective or can lawyering survive the digital information age?Professor Charles Rickett, Dean of Law, AUT

Abstract: None available.

Biography: Professor Rickett was Professor of Law at the University of South Australia from 2010 to 2014. Prior to that, he was Sir Gerard Brennan Professor of Law at The University of Queensland from 2003 to 2010, where he was also Dean of Law from 2003 to 2007. He was a Professor of Commercial Law

in The University of Auckland from 1994. He was also Director of the Research Centre for Business Law. Professor Rickett has held teaching appointments at University College London, the University of Cambridge (where he was a Fellow of Emmanuel College), Victoria University of Wellington and Massey University, and has had visiting appointments at The University of Melbourne and the University of Otago. In October 2014, he became the second Dean of AUT Law School in Auckland.

Professor Rickett has spoken at numerous international conferences, and has also conducted seminars for the New Zealand Law Society, the Auckland District Law Society and many of New Zealand’s major law firms. He has presented seminars for the judges of the Supreme Courts of Queensland, New South Wales, and South Australia. He has also been involved in a consulting capacity in a range of major equitable and restitutionary commercial litigation in New Zealand.

Soul searching: learning for the future of workDr Gayle Morris, Associate Dean & Director of Learning and Teaching, AUT

Abstract: Across the globe, universities are under increasing pressure to reimagine themselves and the kind of education they provide in order to retain relevancy and better meet the needs of students for the 21st century. The range of pressure points is now well-rehearsed. They include among others, emerging technologies, changes to work, pervasive information, and multiple and continuous learning channels. All are disrupting how we learn, where we learn, and what we need to learn. They give rise to the question of the very purpose of a university education and to the assumptions,

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structures, and principles that have thus far served us well. In this presentation, I wish to ask broader questions about the changed contexts of work, the ever-expanding knowledge, skill and disposition domains being asked of our graduates, and the sorts of learning that might support such work. In doing so, I want to suggest that a focus on knowledge and skills is insufficient but rather that learning for the future of work has to be understood as primarily cultivating ‘ways of being’ (Barnett, 2000).

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Biography:Dr. Gayle Morris is an Associate Professor and Associate Dean, Director of Learning and Teaching, for the Faculty of Business and Law, AUT University. She is responsible for leading curriculum and pedagogical innovation in the Faculty at strategic and operational levels across the two schools. Prior to joining AUT, Gayle was Director of Academic Programs with the Centre for Enhancement of Learning and Teaching at The University of Hong Kong. In that role, she led the design of compulsory professional learning

programs for academic staff, supporting curriculum reform across the institution.

Gayle has a particular focus on building teaching and learning leadership capacity at the program and school level, and in creating a culture which values and rewards high-quality teaching and learning. Gayle’s own academic background is in adult and professional learning and her research area cuts across professional learning, work based learning, and assessment. She is an Associate Member of the New Zealand Work Research Institute where she is stream leader of the ‘Learning Futures’ initiative. In addition, she co-convenes the Research in Business and Legal Education Group.

Copyright issuesDr Michael Bondesio, Director of Policy and Privacy Officer (students), AUT

Abstract:None available.

Biography:

Michael Bondesio was born in South Africa. In 1969 he began his academic career as a researcher in the Faculty of Education at the University of Pretoria. He taught and researched Educational Management and Comparative Education. In a leadership capacity he has also held several roles, most notably Head of Department of Educational Management, History and Comparative Education and at a later stage Dean of the Faculty of Education, a position he held for

ten years.

Michael and his family immigrated to New Zealand in 1999. At the time he took up the position of Assistant to the President of the then Auckland Institute of Technology. Currently he is the Director of Policy and Privacy [Students] and he also holds the position of Copyright Officer at AUT. He is the author and co-author of several academic books and research articles, as well as a number of unpublished research reports. His personal interests include hiking, gardening and rugby.

The Treaty of Waitangi: the Magna Charta of New ZealandProfessor David V Williams, Faculty of Law, University of Auckland

Abstract:The title of this paper is a quotation from the Remarks on New Zealand written by Robert FitzRoy (second Governor of New Zealand) and published in London in 1846. The first Protector of Aborigines in New Zealand, George Clark, spoke likewise of the Treaty in 1841 meetings with Maori: ‘They had, I said, in their hands the magna charta of the country, securing to them everything which would make them respected.’ When Clarke was removed from office in 1846 his final report on ‘our present relationship with the New Zealanders’ asserted that the Treaty of Waitangi ‘now forms the Magna Charta of this interesting people.’ Theirs was a view that was no means uncontroversial. A Select Committee of the House of Commons in 1844 described the Treaty of Waitangi as ‘part of a series of injudicious proceedings’ and proposed a resolution that

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acknowledgement ‘of a right of property on the part of the Natives of New Zealand, in all wild lands in those Islands, … was not essential to the true construction of the Treaty of Waitangi, and was an error which has been productive of very injurious consequences.’ It was the latter view that tended to prevail in the legal history of New Zealand that followed rather than the former. Yet, when interest in the Treaty of Waitangi as a founding document in the constitution of the nation came to the fore again in the 1980s, the association of the Treaty with Magna Charta revived too. On the sesquicentenary of the Treaty in 1990, Sir Robin Cooke (later Lord Cooke of Thorndon and a member of the House of Lords judicial committee) imagined himself in conversation with the shade of Sir William Blackstone in the Codrington Library, Oxford. The shade of Blackstone opined thus: ‘I do not doubt but that your Treaty of Waitangi has become in some sense a grand constitutional compact akin to our Magna Charta.’ The paper will offer critical reflections on such rhetoric.

Biography:Dr David V Williams is a Professor of Law at the University of Auckland. He was a Rhodes Scholar at Balliol College, Oxford and has tertiary qualifications in history, law, and theology. He has taught and researched at the University of Dar es Salaam (Tanzania) and the University of Auckland. From 1991 to 2001, he was an independent researcher and barrister specialising in research relevant to Treaty claims. He is also an ordained priest in the Anglican Church.

He has worked as historian, lawyer, and claims negotiator with many hapū and iwi in Aotearoa New Zealand, but especially with Ngāti Whātua Ōrākei from the days of the Bastion Point/Takaparawhau occupation in the 1970s right through to the Ngāti Whātua Ōrākei Claims Settlement Act passed in November 2012.

He has held visiting appointments at Exeter College and St John’s College in the University of Oxford, and at the University of Dar es Salaam. He has authored 5 books including Te Kooti tango whenua: The Native Land Court 1864-1909 (Huia, 1999) and A simple nullity? The Wi Parata case in New Zealand law and history  (AUP, 2011).

Edward Lloyd, Jenkin Ratford, and the Canterbury EarthquakesProfessor Rob Merkin, QC

Abstract:Over the past three years, the New Zealand Courts have found themselves facing a series of complex questions on the amount recoverable for a building destroyed or damaged by a succession of earthquakes. They have found answers - and not always the correct ones - in the coffee houses of eighteenth century London and on early nineteenth century United States merchant vessels. This presentation traces the history of marine insurance, pinpointing key events, the legal principles that they generated, and their impact on earthquake claims in New Zealand.

Biography:

Professor Rob Merkin, QC, is Special Counsel to DLA Piper and Lloyd’s Professor of Commercial Law at the University of Exeter. He specialises in insurance and reinsurance law, and teaches the subject at LLM level at universities in New Zealand, England, Australia, Hong Kong, and Greece. He is co-author of Colinvaux’s Law of Insurance in New Zealand, co-editor of the Lloyd’s Law Reports and Vice-President of the International Association of Insurance Law.

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Magna Carta: from calfskin to tablets - improving the accessibility of our legislationDavid Noble, Chief Parliamentary Counsel

Abstract:Access to legislation is a cornerstone of our democracy. “The state has an obligation to make statute law available. In the modern context, it would be untenable to suggest that the best way to meet this obligation is solely through the use of paper resources.” (NZLC R 104 p.23 para. 2.1)

This paper will briefly trace the development of access to legislation from the original Latin text of Magna Carta of 1215, its 3 to 12 further calfskin copies (and upwards of 33 letters of promulgation) through the printed and English language translation versions of 1508 and 1534 to the digital version of the current legislation http://www.legislation.govt.nz/act/imperial/1297/0029/latest/whole.html .

How, in an increasingly electronic and digital age, does the State ensure that it is continuing to meet its obligation to make New Zealand statute law freely available and, perhaps more important, authoritative, accurate and accessible? The paper will explore some further possible developments in improving access to, and accessibility of, current legislation in New Zealand, including “tertiary legislation”, and what this might mean for law libraries and their librarians.

Biography:David Noble has been Chief Parliamentary Counsel since November 2007 after several years’ experience in the UK Civil Service (including five years on secondment to the European Commission in Brussels, spent drafting directives and enforcing the European Union acquis). Prior to this, David practised as a barrister in chambers specialising in parliamentary, local government, and planning law in the Inner Temple in London and taught and researched in the field of public law at Warwick University and University College, London. He returned to PCO in June 2013 after a 22 month secondment to the UK Cabinet Office where he led legal teams delivering the government’s constitutional

reform, national security, public procurement, health and safety and equalities policies and legislation.

He is also the Chief Executive of the Parliamentary Counsel Office (PCO) in Wellington which, with 30 parliamentary counsel, is responsible for nearly all the drafting of primary and secondary legislation. The office also publishes New Zealand legislation in printed form and online: (www.legislation.govt.nz.)

Publishers’ panel: How are publishers making use of customer data?Bas Kniphorst, Managing Director, Publishing – CCH

Biography:Bas Kniphorst is Managing Director for CCH Asia Pacific Publishing, a leading business publisher and information services provider. Bas is also part of the team charged with transforming CCH, a Wolters Kluwer business, from its traditional publishing heritage to an expanded offering that includes innovative and collaborative business solutions. Kniphorst is today responsible for CCH Australia and New Zealand’s provision of software and services for small- and medium-sized accounting firms and ‘big data’ (cloud) solutions that blend Wolters Kluwer’s software and content.

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Kniphorst’s career with Wolters Kluwer spans 11 years and includes both software and content responsibilities. He has held management roles with Wolters Kluwer’s operations in Hong Kong, India, Malaysia, the Netherlands and Singapore. Prior to his Asia-Pacific role, Kniphorst was the Managing Director of CCH South East Asia. Kniphorst brings with him a track record of accelerating profitability with a focus on sales growth, new product development and solid team work. This is Kniphorst’s tenth international relocation. He has lived in Argentina, Brazil, Hong Kong, Malaysia, the Netherlands, Saudi Arabia and the United Kingdom. Kniphorst holds a Bachelor of Arts in Economics and Politics, and a Master of Arts in International Relations from Durham University in the United Kingdom.

Rachel Travers, Managing Director, LexisNexis NZ

Biography: As Managing Director of LexisNexis New Zealand, Rachel drives the

strategic in-market direction for the company. She drives business development and growth – working with a talented team of sales, customer experience, practice management, editorial and innovative solutions development staff to ensure new and existing content and software meet changing customer needs.

Haydn Davies, Country Manager NZ, Thomson Reuters

Biography:

Haydn Davies is the Country Manager for Thomson Reuters’ legal information and solutions business in New Zealand, a position he has held since September 2008.

Haydn joined Thomson Reuters NZ in 2000 as Online Business Development Manager, and later moved into the role of General Manager, Online and Product Development. Prior to moving to New Zealand Haydn worked in the UK legal information industry in a

variety of sales and account management roles.

Haydn holds an honours degree in Law and is a keen musician and golfer.

Print regulation in England 1475 - 1640: censorship or industry control?Judge David Harvey

Abstract: The early regulation of the printing press has been viewed through the lens of censorship. While there were attempts by the State to control the output of the printing press, more rigid controls were in fact imposed by the Stationers Company – the trade Guild to which all printers had to belong. From time to time, the Stationers would seek increased powers from the Crown, not to enforce censorship but to tighten its control of the industry and its members. In addition, its own licensing scheme had little to do with “proto-copyright” as has been suggested in the literature, but as an added means of controlling its members. But disputes and disorders arose resulting in two sets of decisions from Star Chamber which further enhanced the Stationers control over the industry. The discussion closes on the eve of the Civil War 1642 when print controls and licensing came to an abrupt end – for a short period of time.

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Biography:

Judge David Harvey is a District Court Judge in New Zealand and was appointed in 1989. Prior to his appointment, he had been in practice for 18 years in South Auckland, Hamilton, Henderson, and Auckland City.

He graduated LLB from Auckland University in 1969, MJur from Waikato University in 1994, and PhD from Auckland University in 2012.

He has taught the Law and Information Technology course at Auckland University now in its 16th year and has written extensively on Law and IT subjects. He is the author of the text “internet.law.nz – Selected Issues” the 4th edition of which is soon to be published.

His book, The Law Emprynted and Englysshed: The Printing Press as an Agent of Change in Law and Legal Culture 1475 – 1642 derives from his doctoral thesis.

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Day Two: Abstracts and speaker biographiesA little cynicism goes a long way: putting the ‘re’ back into researchMary Rose Russell, Senior Lecturer in Law, AUT

Abstract:Research is one of the three cornerstones of a legal academic’s job description. Over the past few years, I have been immersed in researching. The experience has reaffirmed the need to verify information and not to accept on face value what is presented. Paradoxically, it seems the more accessible legal information is, the greater the need for cynicism of its accuracy.

Biography:Mary-Rose Russell is a Senior Lecturer in Law at the Auckland University of Technology. She is an enrolled Barrister and Solicitor of the High Court of New Zealand and was admitted as an Advocate in Zimbabwe. She is also a qualified librarian and has worked as the Library Manager at university law libraries in South Africa and New Zealand.

Mary-Rose teaches legal research methods at both undergraduate and post-graduate levels. She is a co-author of the New Zealand Legal Method Handbook, and a co-editor of the Supreme Court of New Zealand 2004-2013.

Conducting a stocktake of our superdiversity law and policyJames Dunne, Chen Palmer

Abstract:New Zealand transition to a superdiverse society will only accelerate over the coming years. Parts of New Zealand already meet the accepted definitions of superdiversity and will become more superdiverse over the next decade. Superdiversity raises the prospect of a diversity dividend of increased innovation and productivity for societies that rise to meet the challenge, but poses risks to social capital and public order if it is not well managed. The Superdiversity Stocktake is the first comprehensive assessment of how New Zealand’s law and policy is changing and will need to change to manage the challenges of superdiversity. This presentation will discuss some of the initial conclusions coming out of the Stocktake, together with the results of the Centre’s first in-depth study, which considers how New Zealand and other countries preserve the democratic rights of those who do not speak the majority language.

Biography:

James Dunne is a partner in Chen Palmer and specialises in law and policy reform, Parliament (including the review of regulations), elections and regulatory affairs. He holds an LLB and a BA majoring in history from Victoria University, and has practised law since 2008. He also serves as the Chief Executive of the Superdiversity Centre for Law, Politics and Business, chaired by Chen Palmer’s founding partner Mai Chen.

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Libraries during war: destruction and theft as instruments of policyJudge Arthur Tompkins

Abstract:This illustrated talk will consider a number of case studies where libraries have been attacked, destroyed or plundered during war, as a conscious instrument of political, religious, or military change.

Case studies covered will include:

the paradoxical fate of the Library of Nineveh; the plundering of the Library of the Palatinate at Heidelberg; the attacks by the Nazis on libraries in Europe during World War II; the destruction of the Monastic Libraries of Tibet during the Cultural Revolution;

and the fate of the Libraries of Timbuktu.

Biography:Judge Arthur Tompkins has been a District Court Judge in New Zealand for 15 years. He holds general and jury trial warrants, and is also a Panel Convenor of the New Zealand Parole Board. He is also a Judge of the Supreme Court of Pitcairn Island.

He gained his Bachelor’s degree with Honours in Law from Canterbury University, Christchurch, in 1983, and graduated Masters

in Law, with First Class Honours, from Gonville and Caius College, Cambridge University, England, in 1984.

Each year he travels to Umbria, in Italy, where he teaches Art Crime in War as part of the Postgraduate Certificate Program in International Art Crime and Heritage Protection, presented annually by the Association for Research into Crimes against Art, in a small, ancient Umbrian hill-top town north of Rome.

Searching for Magna Carta in New Zealand's human rights lawProfessor Paul Rishworth, QC

Abstract : Magna Carta and its subsequent re-issues brought to contemporary controversies a mix of specificity and principle that has endured down the ages. Magna Carta travelled with the common law that it made possible, first to North America and thence to other colonies including New Zealand.

This presentation will examine the extent to which its principles find expression in New Zealand's human rights law, including but not limited to the New Zealand Bill of Rights Act 1990. The focus will be on the "justice and right" that the king could neither "sell ..., deny or defer" (1297, 25 Edw 1, c 29) -- and which became the liberty that could be taken only by "due process" (1354, 28 Edw 3, c.3).

By a comparison with the guarantees of "liberty" in the constitutions of Canada and the United States, the presentation examines the extent to which liberty and due process are guaranteed in New Zealand's unwritten constitution - through its criminal law, its Bill of Rights, the Human Rights Act, and constitutional common law.

What "process" is "due" when considering the substance of our liberty -- that is, who decides the degree of liberty that law should allow and not allow? Is our Parliament the

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inheritor of the Magna Carta's obligations? Are ideas of "justice, right, and due process" the ultimate abstractions of human rights law?

Biography:

Paul Rishworth, QC, is a Senior Crown Counsel at Crown Law, Wellington. He is also a part-time Professor of Law at The University of Auckland where he currently teaches in the postgraduate programme. His research interests are in constitutional and human rights law.

National survey of Australian law libraries 2015Fiona Brown, Monash University

Abstract:Despite their importance to the rule of law and society as a whole, there is very little published information about law libraries in Australia to inform law library policy decisions, advocacy or research into legal information service provision. Monash researchers undertook the one and only comprehensive audit of Australia’s law libraries, thirty years ago in 1984. The second national survey of Australia’s law libraries was undertaken by Fiona Brown of the Caulfield School of Information technology, Monash University in collaboration with the Australian Law Librarians’ Association (ALLA) in 2015. The Jean Whyte Fund funded the research. Professor Jean Whyte was the foundation Professor of Librarianship in the Graduate School of Librarianship established at Monash University in 1975. Fiona Brown will discuss the survey process and present the research findings of the 2015 survey. The survey results will be discussed and compared with those of the 1984 survey thereby providing historical context and revealing the transformation of law libraries and legal information services over the past 30 years.

Biography:Fiona Brown is a former corporate lawyer and qualified as a librarian in 2008. She has a research interest in law libraries and legal information and in 2009 co-authored the 40-year history of the Australian Law Librarians’ Association. In 2012, she researched the outsourcing of law firm libraries to commercial research and library services providers in the United Kingdom. She is currently a Research Associate and PhD candidate at the Caulfield School of Information Technology, Monash University.

Members’ panel: interesting developments from the profession

Stuff your boss tells you and how to deal (or not) with it…Karen Rowe-Nurse, President & Director, ALLA Ltd

Abstract:Our world has changed forever. The library is no longer seen as a must have or the first place to go for information. The old model is just not relevant in this new mobile information world. The challenge for libraries and librarians is to add value and remain relevant .How do you as law librarians encourage this evolution to new models of librarianship? What should you be saying to your boss – those middle aged white middle class males who seem unaware of the world around them? How do you confront these

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individuals who want more library shelves or are concerned the library is noisy or seem to believe their library service is unique enough to remain an internet free zone. How do you prevent kneejerk reactions to new ideas and concepts? Karen will discuss some of the issues you could deal with (or not…) and how you can advocate for a 21st century library service.

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Biography:

Karen Rowe-Nurse is the Law and Business Liaison Librarian for St Benedict’s Library at the University of Notre Dame Australia, Sydney Campus. She has worked in law libraries over the past twenty years across law firms, tribunals and academic law libraries. Karen teaches within the university and is currently undertaking the first subjects of her MBA. Career highlights include receiving an international conference scholarship to attend the British and Irish Law Librarians’ Association 2011 conference, developing a new academic law library in Sydney for Notre Dame; convening Agitations 2013 (the ALLA annual conference)

and joining the board of the Australian Law Librarians’ Association. She is the current national president. She completed the first subject of her MBA in 2014 and has qualifications in arts, law, librarianship, and university teaching.

Kōtuku – LIANZA’s Emerging Leaders CourseNicola Rawnsley , The University of Auckland

Abstract:Being a leader isn’t just about being a manager and managing. There are so many aspects to leading and so many ways to lead that don’t necessarily involve managing. This year I have been on a leadership journey completing LIANZA’s Emerging Leaders Program – Kōtuku – I’d like to share my experience with you!

Biography:Nicky Rawnsley began her Law Library career at the then Auckland District Law Society Library and Research Centre and while there completed her MLIS. She then moved on to a corporate law form and conducted reference and research work. She has now moved into the Academic arena with positions at AUT and presently the Davis Law Library at the University of Auckland. She is currently Vice President of the NZLLA and in her spare time is completing a PhD.

Embedded librarians and resources on iPadsChris Owen, Simpson Grierson

Abstract:With constant pressures to "do more with less", forward-thinking law libraries are looking at new ways to provide better services to their clients. Simpson Grierson has experimented with "embedding" librarians among legal teams, and providing access to legal resources on iPads. This presentation outlines what we did, and what we've learned so far.

Biography:

Christopher Owen has worked at Simpson Grierson since 2006, and been Research Services Manager since 2011. He has previously worked in a variety of special libraries in London and Vancouver.

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Does your special library fit into your client's pocket yet? Six years on ... special libraries in 2015

Gillian Ralph and Julie Sibthorpe

Abstract:Recently Gillian Ralph and Julie Sibthorpe were asked to update their chapter in the IFLA publication 136-137 IFLA -- Global Library and Information Science - a Textbook for Students and Educators. They wrote this chapter on New Zealand special libraries at the time of receiving the Paul Szentirmay award for special librarianship in 2008, so have things changed in the intervening six years?To find out how, they needed to revisit developments in this sector to see what has changed and the effects these changes have made. To do this, they have researched, collected statistics, and visited key special librarians and now put together a brief overview of their findings. Some key themes are the convergence of information roles, the rise of the archivist, and rationalisation in the government.

Biographies:Julie Sibthorpe, BA, FLIANZAIn 2013, Julie retired from her position as manager of library and information services to the Business School at the University of Auckland. Her career combined public, academic and special library experience. Along with Gillian Ralph she was awarded the Paul Szentirmay scholarship in 2008, and spent some time researching special libraries in New Zealand. She is now living in Queensland.

Gillian Ralph, MBA, FLIANZAIn 2014, after eight years at the University of Auckland Library dealing with all aspects of business economics, statistics and numeric data Gillian retired from active library work. Her career has included public libraries and many years as manager and researcher in a special library. Having been jointly awarded the Paul Szentirmay scholarship in 2008 with Julie Sibthorpe, they felt it was important to review the special library situation in New Zealand in the current climate.

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