NEW ZEALAND SYMPOSIUM ON LAW AND TECHNOLOGY: EDUCATION, PRACTICE AND POLICY 2021 - TELENZ
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New Zealand Symposium on Law and Technology: Education, Practice and Policy 2021 NZ Law Foundation-funded TeLENZ Initiative (TeLENZ: Technology in Legal Education for NZ) Level 1 Foyer 119-G20 The ClockTower East Wing University of Auckland 22 Princes Street, Auckland Central Thursday 1 July 2021 Provisional Programme as at 23 June 2021
Programme 08.30 Registration opens 08.40 Mihi and Welcome from Geremy Hema 08.50 Welcome and Introduction from TeLENZ Lead, Wayne Rumbles 09.00 Welcome from University of Auckland Law Dean, Pene Mathew 09.10 Opening Keynote: NZ Law Foundation Chair, Andrew Butler 09.25 Session I: Law & Technology – Implications and Issues 1 Chair: John Hopkins Presenters: • Alex Sims - Decentralised Autonomous Organisations (DAOs): The State of Play • Michael Dizon - The Critical Role of Technical and Social Principles and Values in Encryption Regulation • Bridgette Toy-Cronin - “Tighten, Cull and Focus”: An Experiment Examining Lay and Lawyer Claims in a Mock Online Court Q&A session 10.25 Morning Refreshment Break 10.45 Session II: Law & Technology – Implications and Issues 2 Chair: Yvette Tinsley Presenters: • Carrie Leonetti - Life in the Panopticon: The Disparate Impact of CCTV and Facial-Recognition Surveillance in Urban Spaces • Rob Batty - AI and Trade Mark Infringement • Matt Bartlett - Overcoming Algorithmic Aversion in Legal Technology Q&A session 11.45 Session III: Law & Technology – Implications and Issues 3 Chair: Marcus Roberts Presenters: • Piers Gooding - Automating Mental Health: New Terrains of Technology, Law and Regulation • Andrew Ecclestone - Official Information Act and Open Government in the Digital Age • John Hopkins - Rights (and Wrongs) of Data and Disasters Q&A session 12.45 Lunch
13.35 Session IV: Presentation from NZLF Centre for Law and Policy in Emerging Technologies; Use of Technology in Teaching Chair: Vernon Rive • Colin Gavaghan - NZLF Centre for Law and Policy in Emerging Technologies • Marcus Roberts - Teaching law during a pandemic: What to keep and what to discard? • Ana Lenard - Lessons from teaching and learning online during Covid-19: how existing technologies can enhance our in-person teaching Q&A session 14.35 Session V: Under/Postgraduate Research Chair: Rob Batty • TeLENZ’s Summer RAs: Christina Hatton, Peter Marshall • Rachel Tan - Restricting access: a strategy for online hate speech regulation Q&A session 15.20 Afternoon Refreshment Break 15.40 Session VI: Panel Discussion – Law and Practice in the Digital Age Presenter & Chair: Andrew King Panellists • Sara Stratton • Matt Farrington • Maria Sopoaga • Ben Winslade Q&A session 17.00 Session VII: High Notes - Adding it all up and Thinking Ahead Chair: Mark Henaghan Panellists • Alex Sims • Tom Maasland • Andrew Butler Chair leads with comments and facilitates Q&A among panellists General Q&A session 17.55 Closing words: Wayne Rumbles 18.05 Symposium concludes followed by networking and refreshments 19.30 Ends
Guest Speakers Associate Professor Wayne Wayne graduated BA/LLB in 1997 with majors in Law, History and English Literature. Rumbles He completed LLM (Distinction) from the University of Waikato in 1998. He spent three Te Piringa - Faculty of Law, University years working in community law and worked for Te Matahauariki Research Institute of Waikato for 10 years on the Laws and Institutions for Aotearoa/New Zealand project. Wayne TeLENZ Program Lead has been an academic at Te Piringa - Faculty of Law for 20 years, and was Dean of wayne.rumbles@waikato.ac.nz Law from 2015 - 2020. Wayne teaches and researches in the areas of Cyber Law, Law and New Technologies, Criminal Law (with a focus on Cyber Crime), and teaches in New Zealand’s first Masters in Cyber-Security taught jointly by the Faculties of Law and Computer Science. For TeLENZ, he is assisted by Fleur Mullen and Richman Wee. Professor Pene Mathew Professor Penelope (Pene) Mathew joined the Auckland Law School as Dean in Auckland Law School, University of March 2019. Specialising in international law and politics, she holds degrees from the Auckland University of Melbourne and Columbia Law School. Pene is an expert on international Dean refugee law, has worked as a human rights lawyer, and published extensively in p.mathew@auckland.ac.nz this field. She has held academic roles at the University of Melbourne, the Australian National University, Michigan Law School, and Griffith University where she also served as Dean and Head of Griffith Law School. She served as legal and policy advisor to the ACT’s Human Rights Commission (HRC), leading the work on an audit of the territory’s remand centres. In 2008, the ACT government awarded her an International Women’s Day Award for outstanding contributions to human rights and social justice. She has worked with the Jesuit Refugee Service, and as a consultant to the Australian HRC and for the Office of the United Nations High Commissioner for Refugees. Dr Andrew Butler Andrew Butler is a seasoned litigator, with extensive appellate, trial and ADR Thorndon Chambers experience. He is an acknowledged expert in commercial, trusts and public law. Much andrew.butler@chambers.co.nz of his work has an international dimension. Andrew co-authored two books with Sir Geoffrey Palmer QC proposing that New Zealand adopt a written constitution. He is the editor of the Human Rights Reports of New Zealand (HRNZ) published by Brooker's, as well as New Zealand correspondent for Butterworths Human Rights Cases (BHRC). Andrew is the Chair of the New Zealand Law Foundation, and a member of the NZ Law Society Human Rights and Privacy Committee. Professor John Hopkins Dr. Hopkins is a Professor of Law at the University of Canterbury Law School. He is School of Law, University of a comparative public lawyer who specialises in disaster law, multi-level governance, Canterbury administrative justice and anti-corruption. He is the current Director of the LEAD w.j.hopkins@canterbury.ac.nz Institute for Law Emergencies and Disasters based at UC and chairs the International Disaster and Emergency Law Network (IDEAL.net). He is a Disciplinary Theme leader of QuakeCoRE and part of the Resilience to Nature’s Challenges National Science Challenge. He has long had an interest in the impact of information technology upon the legal system and most recently has led projects examining the role of such technologies in disasters. Associate Professor Alex Sims Alex Sims is an Associate Professor at the Department of Commercial Law, University Department of Commercial Law, of Auckland. Alex’s main area of research is blockchain technology, principally University of Auckland Business Decentralised Autonomous Organisations (DAOs) and NFTs. Her legacy research School includes intellectual property law (primarily copyright) and consumer law. She is a a.sims@auckland.ac.nz co-author of the report ‘Regulating Cryptocurrencies in New Zealand’ (funded by the Law Foundation) and ‘E-Commerce and the Law’ (2nd ed, Thomson Reuters, 2020). She is a Research Associate of the UCL Centre for Blockchain Technologies, and is on the Executive Committee of Blockchain NZ and the OECD’s Blockchain Expert Policy Advisory Board (BEPAB). Dr Michael Dizon Michael Dizon, PhD, is a Senior Lecturer at Te Piringa Faculty of Law, University of Te Piringa - Faculty of Law, University Waikato. His principal area of research is law and ICT (information and communications of Waikato technology). More broadly, his research revolves around normative pluralism and the michael.dizon@waikato.ac.nz information society, and involves the socio-legal study of technology, creativity and innovation. He has conducted and published research on law and technology topics such as encryption, hacking and cybercrime. In addition, he teaches courses on cyber law, cybersecurity, and law and information technology.
Dr Bridgette Toy-Cronin Dr Bridgette Toy-Cronin is a Director and Senior Lecturer at the University of Otago, Faculty of Law, University of Otago Faculty of Law. She completed an LLB(Hons)/BA at the University of Auckland, an LLM bridgette.toy-cronin@otago.ac.nz from Harvard University, and PhD at the University of Otago. Her research is focused on improving access to the civil justice system, particularly the areas of that system that people are most likely to come into contact with, and on people who face the most significant barriers. Her research has an empirical focus, investigating access to justice, the legal profession, judging, dispute resolution, and civil procedure. Professor Yvette Tinsley Professor Yvette Tinsley (LLB(Hons), PhD) is a criminal justice researcher whose Faculty of Law, Victoria University of teaching and research interests lie in the fields of sexual violence; jury decision- Wellington making; penal policy; and law and science, particularly as it relates to emerging yvette.tinsley@vuw.ac.nz technologies and behavioural sciences. She has introduced a course for Honours and postgraduate students on the opportunities and challenges emerging technologies offer for criminal justice policy, procedure, and legal regulation. Yvette has a special interest in empirical research focused on legal policy reform, especially in improving the experience for participants in the criminal process. She has published extensively in NZ and internationally. Her work has influenced legislative and policy reform, most notably in the areas of sexual violence and jury decision-making. Her current research includes judicial communication and direction to jurors, utilising technology in jury trials; media intrusion following crime and disasters, and emotional labour in the criminal courts. Associate Professor Carrie Carrie Leonetti is an Associate Professor at the University of Auckland School of Law Leonetti and an Affiliated Member of the Center for Cybersecurity and Privacy at the University Auckland Law School, University of of Oregon. Her research focuses on comparative criminal procedure, forensic science, Auckland and high-tech surveillance. She has published articles on the role of law schools in the carrie.leonetti@auckland.ac.nz wake of disruptive technological change, privacy rights of the unhoused in homeless encampments, the constitutionality of cell-site simulators, suspicionless dragnet investigations, high-tech bulk surveillance, and data mining, the use of immersive virtual environments in jury trials, the application of the curtilage doctrine to urban areas, and virtual lineups. Rob Batty Rob Batty is a senior lecturer in the Faculty of Law at the University of Auckland. He Auckland Law School, University of teaches intellectual property law at an undergraduate and postgraduate level. Rob’s Auckland main research interest is in the area of trade mark law. He has published widely in r.batty@auckland.ac.nz this area. Rob’s published articles about trade mark law have been cited in leading texts on trade mark law in New Zealand and Australia, by the New Zealand Supreme Court, the Singapore Court of Appeal, the New Zealand High Court and the New Zealand Intellectual Property Office. Matt Bartlett Matt Bartlett is a Research Fellow and Teaching Fellow with the Faculty of Law at Auckland Law School, University of the University of Auckland. He is a Barrister and Solicitor of the High Court of New Auckland Zealand and practised as a commercial lawyer at a national law firm before joining Research Fellow the University of Auckland. Matt's research interests encompass the wide range of matt.bartlett@auckland.ac.nz legal issues raised by emerging technologies, particularly AI and blockchain. Matt is a representative of the AI Forum and works closely with the New Zealand Centre for ICT Law. Dr Piers Gooding Dr Piers Gooding is an Australian Research Council DECRA Fellow at the University University of Melbourne Law School, of Melbourne Law School. His work focuses on the law and politics of disability and Melbourne Social Equity Institute mental health, with a focus on digital technologies in care services. He is the author of p.gooding@unimelb.edu.au A New Era for Mental Health Law and Policy (2017) with Cambridge University Press and is an associate editor of the International Journal for Mental Health and Capacity Law. Dr Gooding has collaborated with the UN Special Rapporteur for the Rights of People with Disabilities, the Council of Europe Bioethics Committee, and the World Psychiatric Association. Andrew Ecclestone Andrew Ecclestone is a Senior Associate at the Institute for Governance and Policy Institute for Governance and Policy Studies, Victoria University of Wellington. He has been awarded a grant by the NZ Law Studies, Victoria University of Foundation to support his research into systemic issues relating to open government Wellington in New Zealand and to develop findings or recommendations for a better functioning andrew@ecclestone.net system. He is particularly interested in how the discourse about access to government information has focused on accountability and downplayed the participation purpose of the Official Information Act. He is also interested in how technology impacts on open government to enable participation, accountability, retrieval and publication of information, and the creation and maintenance of records of public authorities’ work. The website for his research is at: www.opengovt.nz
Associate Professor Vernon Rive Vernon Rive joined the AUT Law School in 2009 after over 14 years of private School of Law, Auckland University of practice, latterly as a partner in the Environmental/Resource Management team at Technology Chapman Tripp. His legal practice focused on advice to private and public clients on vernon.rive@aut.ac.nz the resource management and public law aspects of land transport, infrastructure, property developments, subdivisions, retail resource management, energy, waste management, and environmental due diligence investigations. He has appeared before local authorities, the Environment Court, Land Valuation Tribunal, Maori Land Court, High Court and Supreme Court on various resource management, public and private law issues. Vernon is a co-convenor of the NZ Resource Management Law Association Academic Advisory Group, member of the managing committee of the NZ for Environmental Law, Consultant Editor of the LexisNexis Resource Management Bulletin and Affiliated Graduate Researcher at Melbourne Law School’s Peter McMullin Centre on Statelessness. Professor Colin Gavaghan Colin is the Director of the NZ Law Foundation Centre for Law and Policy in Emerging Director, NZ Law Foundation Centre Technologies at the Faculty of Law, University of Otago. The Centre examines the legal, for Law and Policy in Emerging ethical and policy issues around new technologies. The Centre has carried out work Technologies, Faculty of Law, on biotechnology, nanotechnology, information and communication technologies and University of Otago artificial intelligence. Colin researches and lectures on law and technology, as well colin.gavaghan@otago.ac.nz as medical and criminal law. He has an extensive publication record, including co- authoring a major 2019 report on Government use of artificial intelligence (AI) in NZ and the recently published Citizens’ Guide to AI (MIT Press, 2021). A native of Scotland, Colin formerly lectured at the University of Glasgow. Since establishing himself in NZ, he has served as Deputy Chair of the Advisory Committee on Assisted Reproductive Technology. Colin is a current member of the Digital Council for Aotearoa NZ and the current Chair of the NZ Police Expert Panel on Emergent Technologies. Marcus Roberts Marcus is a Senior Lecturer at the Auckland Law School. He has taught the Law of Auckland Law School, The University Contract, the Law of Torts, Company Law, and Introduction to Common Law. His of Auckland research interests are mainly in the Law of Contract and Negligence. Since 2020, he m.roberts@auckland.ac.nz has also been the Associate Dean (Teaching and Learning). In both his teaching and administrative roles he is interested in seeing how rapid technological change will impact the teaching and practice of law in the years to come. Ana Lenard Ana is a dispute resolution lawyer and law lecturer at Te Whare Wananga o Tāmaki Te Whare Wananga o Tāmaki Makaurau, Te Wāhanga Ture where she has taught dispute resolution and legal Makaurau, Te Wāhanga Ture ethics. Ana recently completed her LLM at Columbia University where she studied ana.lenard@gmail.com critical legal theories, legal systems, dispute resolution, and law pedagogy. Her LLM research essay focused on lessons from the pandemic for negotiation teachers. From September, she will be undertaking a PhD in which she will apply critical legal theories to the use of alternative dispute resolution in Aotearoa. Ana also researches and advocates for culture change in the legal profession. Christina Hatton Christina was one of the 2020/2021 TeLENZ Summer Research Scholars. Christina is Te Piringa - Faculty of Law, University currently studying towards a Bachelor of Law and Bachelor of Management Studies of Waikato at the University of Waikato. Her areas of interest include the use of AI, digital crimes Summer Research Scholar and the future of law in New Zealand. christinahatton123@gmail.com Peter Marshall Peter was one of the 2020/2021 TeLENZ Summer Research Scholars. Peter is a Te Piringa - Faculty of Law, University final year law student at Te Piringa - Faculty of Law, University of Waikato. He is of Waikato very enthusiastic about law and technology, especially in the areas of blockchain Summer Research Scholar technologies, and immensely interested in tech-related questions around firearms and prmarshall@gmail.com space law. He loves all the weird, niche and difficult-to-answer legal tech questions. Rachel Tan Rachel is a Research Assistant from the University of Waikato. She completed her Te Piringa - Faculty of Law, University LLB in 2007 at Bond University, Australia. After working in military defence industries, of Waikato IT and retail project management companies, Rachel decided to return to research PhD Candidate in the exploration of cyberlaw as it has always been her interest. She completed rt.racheltan@gmail.com her LLM (First Class Honours) at the University of Waikato in 2019, after which she commenced her PhD research. She is interested in cyberlaw, particularly in the challenges of regulating social media. Her thesis topic explores regulating online hate speech in social media environments.
Andrew King Andrew King (Presenter & Chair, Session VI) is the founder of Legal Innovate, helping E-Discovery Consulting and LawFest lawyers and their organisations successfully innovate by effectively leveraging Organiser technology. Andrew has unparalleled knowledge and deep expertise in the New Founder Zealand legal + tech market, gained over 20+ years working with leading companies andrew@lawfest.nz in New Zealand and globally. Legal Innovate brands include LawFest, LegalTech Hub and E-Discovery Consulting. Andrew prides himself on providing expert, objective advice and support to find and implement the most effective solutions to achieve your outcomes. He is vendor-agnostic and does not sell any products. Sara Stratton Sara established Māori LAB and is a Māori advisor to Tech Futures Lab. Māori Māori LAB and Māori Advisor to Tech Lab is a service to businesses or organisations to "Navigate Uncharted Waters of Futures Lab Change." She says, “businesses and organisations struggle for survival, relevance, sara.stratton@techfutureslab.com and authentic identity" and Māori LAB encourages genuine relationships with Māori. Māori LAB unpacks the relevance and exciting impact that Te Tiriti o Waitangi has for all people in Aotearoa, and also demonstrates how Te Ao Māori, a Māori world view, is the inclusive growth mindset needed in taking us into a thriving future. Matt Farrington Matt is part of Juno Legal, an innovative NewLaw firm. Matt works as both a Juno Legal practising lawyer and legal technologist. Matt is a proponent of "lawyer tech" - tools matt.farrington@junolegal.com and technologies to help lawyers make their practices more efficient, effective and enjoyable. As a lawyer, Matt's practice includes ICT contracting, intellectual property licensing, and data protection and privacy law. Prior to joining Juno Legal, Matt worked in private practice, the public sector, and investment banking. Maria Sopoaga Maria currently works for MinterEllisonRuddWatts in Wellington. She completed Law MinterEllisonRuddWatts and Arts (majoring in English & Philosophy) degrees at the University of Auckland mmasei@me.com in 2018. is the Deputy Convener of the Auckland Young Lawyers Committee at the New Zealand Law Society, serving and leading the next generation of lawyers across the Auckland region. was awarded the Centre for Legal Innovation’s (CLI) Young Legalpreneurs Scholarship for New Zealand, established to identify and support the entrepreneurial spirit of early career lawyers. Along with her fellow Australian Legalpreneurs Scholars, heads the CLI’s Young Legalpreneurs Special Interest Group, focused on building a learning community of like-minded legal tech and innovation focused young lawyers. Ben Winslade Ben provides advice on the law of technology and he is also interested in the use of Hone technology in the practice of law. He has purchased and implemented legal technology Founder solutions as a customer and has founded his own legal tech company, Hone, which benwinslade@gmail.com provides interactive legal document training. He is a former chair of LegalTech NZ. Ben has worked as a commercial lawyer for technology companies for many years. He has practised in New Zealand and the UK, and has worked both in private practice and in-house. He currently runs his own practice advising NZ technology businesses. Professor Mark Henaghan Mark Henaghan is Professor of Law at the University of Auckland. The principal focus Auckland Law School, University of of his career is teaching. His main research interests include family law, especially Auckland law relating to children, law regarding the human genome, and judiciary law. He mark.henaghan@auckland.ac.nz was the Dean of the Faculty of Law of the University of Otago. He is involved in the Pathways and Transitions Research Project as part of the New Zealand Government funded Resilience Research Project. Mark was the Principal Investigator for the Law Foundation’s multidisciplinary and international Human Genome Research Project: Law, Ethics and Policy for the Future. Tom Maasland Tom is an internationally recognised, award-winning technology law specialist who is MinterEllisonRuddWatts passionate about tech and telecommunications - about their everyday use and ability Partner - Corporate and Commercial to transform organisations, borne from working in the industry (both as an in-house tom.maasland@minterellison.co.nz lawyer and in private practice) over the past 20 years. He advises clients across all areas of tech and co-leads MERW’s innovation practice area, and is an author and regular speaker on transformational and strategic tech issues and developments. Tom leads the firm’s national TMT practice. He is recognised by all major directories as a leading TMT lawyer, including in Chambers and Partners Asia Pacific, Legal 500 Asia Pacific, Best Lawyers NZ, and Doyles Guide for Technology. Please note that photographs and video recordings will be taken throughout the symposium. These may be used publicly, on social media, or on our webpage. The video recordings of the presentations including Q&A sessions may be used for teaching and educational purposes. Please contact Fleur Mullen if you have any concerns or if you wish to be exempted from this activity.
TeLENZ is proud to be funded by the New Zealand Law Foundation. The New Zealand Law Foundation enables quality research with enduring impact through legal research, grants and scholarships. Since 1992, the Law Foundation has supported research in law and public education on legal issues by providing over $30 million in funding. Recognising the importance of addressing the changing needs of law graduates due to the speed of technological change and the critical need for academics to have the relevant tools, knowledge and content, the Law Foundation provided funding to support the TeLENZ project. In addition, the Law Foundation recognises the growing demands on time and resources for academics, and the need for updated content in a constantly changing legal and global landscape. The project involves academic representatives from all of the six New Zealand law faculties/schools and is led by Associate Professor Wayne Rumbles, former Dean of Law (2015 - 2020) at Te Piringa - Faculty of Law, University of Waikato. Through collaborative approaches, TeLENZ seeks to refine and share IT-related aspects of pedagogy in the law curriculum in New Zealand with a view to introducing new or additional IT-focused material into core legal subjects for second and third-year law programmes. This includes developing content to assist academics to create papers, extend resources, and support academics with teaching material related to technology, cyber security and AI fields of law. TeLENZ aims to provide a vital resource for academics at all tertiary organisations by creating a knowledge repository, fostering an online collaborative community to share information and develop practical tools that they can implement in their teaching. Through its work, TeLENZ will encourage opportunities to provide significant enhancements to the systematic teaching of law at universities in New Zealand. Visit https://telenz.nz/ With the involvement of Supported By FutureLaw @ Te Piringa – Faculty of Law The Future Law Technology and Society Research Group is a group of academics and researchers at Te Piringa - Faculty of Law, University of Waikato, that is focused on legal, ethical and public policy issues related to emerging, new or innovative technologies.
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