Fijian law rewrite a 'dream job' for Canterbury pair

Published by the Communications and Development Department

 

2 November 2004

 

Two University of Canterbury School of Law lecturers have been appointed by the Fiji Law Reform Commission to rewrite the country's criminal and criminal procedure codes.

 

Dr Neil Boister and Adjunct Professor Gerard McCoy QC were awarded the contract after a tender process which attracted bids from around the world.

 

They will work with Raymond Pierce, a lecturer at Hong Kong University and former chief superintendent of police.

 

Dr Boister says he is excited about the appointment.

 

“I have been involved with law reform before but have never been in the position to potentially rewrite a country's entire criminal law.

 

“This would be a dream job for most criminal lawyers. It is my chance to work on all those things that have irritated me, or which I have found illogical, or which have simply hung around because of historical inertia.”

 

He admits there is a lot of work ahead.

 

“The current codes were imported into Fiji from Tanzania by Britain in 1945 and have changed little since then. Fiji has recently enacted a Bill of Rights so needs to bring criminal procedure into line with it.

 

“One of the problems with a small country like Fiji is that most of their law has been received through a colonial process. We have to be extremely sensitive that any changes that are made are responsive to Fijian needs and the Fijian context.”

 

The substantive review will cover a wide range of legislation from fraud, larceny and public order offences through to abortion, homosexual conduct and murder.

 

Dr Boister says the bulk of the work will relate to procedure, such a laws relating to evidence, non-representation of the accused in trials and the conduct of police in investigating crime.

 

The review will also include all the various defences, penalties and the jurisdiction of the Fijian courts, in particular over offences committed outside of Fiji .

 

 

For further information please contact:

John MacDonald

Communications Manager

University of Canterbury

Tel: +64-3-364 2910

Fax: +64-3-364 2679

Mob: +64-27-441 7280

john.macdonald@canterbury.ac.nz