19 August 2008

Boobs on Bikes - the unsuccessful injunction

I've been advised that the decision declining the application is still be typed up and might not be available for some time. However, NewstalkZB - rather helpfully - has a full recording of the oral decision of Judge Mathers: > NewstalkZB: "Full Boobs on Bikes decision (part one)" > NewstalkZB: "Full Boobs on Bikes decision (part two)" UPDATED 20.08.2008 The written decision is available: > District Court: Auckland City Council v Erotica Expo

1 comment:

Anonymous said...

So what we have here is right wing politicians wanting to save us from bare breasts (sounds rather nanny state to me), and a female judge (one who presumably belongs to the feminist army ruining the world), saying that the parade is within the law?
Have the right wing forgotten they are meant to be anti nanny state?

Course Outline

Lord Justice Lawton in Maxwell v Department of Trade and Industry [1974] 2 All ER 122 said:

"From time to time ... lawyers and judges have tried to define what constitutes fairness. Like defining an elephant, it is not easy to do, although fairness in practice has the elephantine quality of being easy to recognise. As a result of these efforts a word in common usage has acquired the trappings of legalism: 'acting fairly' has become 'acting in accordance with the rules of natural justice', and on occasion has been dressed up with Latin tags. This phrase in my opinion serves no useful purpose and in recent years it has encouraged lawyers to try to put those who hold inquiries into legal straitjackets.... For the purposes of my judgment I intend to ask myself this simple question: did the [decision-maker] act fairly towards the plaintiff?"

This course examines the elephantine concept of fairness in the law, along with other contemporary legal issues.

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