Publications & Media
Major publications
Public Law Toolbox (2 edition) Lexis Nexis, December 2014
Transforming Auckland: The Creation of Auckland Council LexisNexis, April 2013
Public Law Toolbox LexisNexis, March 2012
Mai Chen and Rt Hon Professor Sir Geoffrey Palmer Public Law in New Zealand: Cases, Materials, Commentary and Questions (Oxford University Press, Auckland, 1993)
Women and Discrimination: New Zealand and the UN Convention (Institute of Policy Studies, Wellington, 1989)
Major reports and contributions to books
“Cultural Capability and Business Success Report: 5 top business leaders making cultural capability a cornerstone of their success” (Superdiversity Institute of Law, Policy and Business, 2022)
“Culturally, ethnically and linguistically diverse parties in the Courts: a Chinese case study” (Superdiversity Institute of Law, Policy and Business, 2019)
“National Culture and its Impact on Workplace Health and Safety and Injury Prevention for Employers and Workers” Superdiversity Institute of Law, Policy and Business, 2019)
Chen, M. & Erakovic, L. (2019). “Diverse thinking in New Zealand boardrooms: Looking through rose-coloured glasses”, paper accepted for presentation at EURAM Conference, Lisbon, 26-28 June 2019.
“Health and safety regulators in a superdiverse context: Review of challenges and lessons from United Kingdom, Canada and Australia” (Superdiversity Institute of Law, Policy and Business, 2018)
“Diverse Thinking Capability Audit of New Zealand Boardrooms 2018” (Superdiversity Institute of Law, Policy and Business, 2018)
“The Diversity Matrix: Updating What Diversity Means For Discrimination Laws in the 21st Century” (Superdiversity Institute for Law, Policy and Business, 2017)
“Superdiversity Stocktake: Implications for Business, Government and New Zealand” (Superdiversity Institute for Law, Policy and Business, 2015)
“Superdiversity, Democracy & New Zealand’s Electoral & Referenda Laws” (Superdiversity Institute for Law, Policy and Business, 2015)
“A Public Law Toolbox Perspective on the Ombudsman’s Role After 50 Years” (paper presented to the 10th World Conference of the International Ombudsman Institute, 14 – 16 November 2012, Wellington)
“Scoping Paper on the Privacy Act 1993”, prepared for Hon Margaret Wilson, Associate Minister of Justice, 27 April 2001
Government Review of the Policy Concerning Women in Combat: Report of the Working Party on Women in Combat (1990)
Contributed to James Kouzes, Barry Posner with Michael Bunting Extraordinary Leadership in Australia & New Zealand (John Wiley & Sons Australia, Ltd, 2015)
“Post-settlement implications for Crown/Māori relations” in Nicola Wheen and Janine Hayward (eds) Treaty of Waitangi Settlements Law Foundation and Bridget Williams Books, 2012
“Discrimination in New Zealand: A Personal Journey” in Adrien Katherine Wing (ed) Global Critical Race Feminism: An International Reader (New York University Press, New York, 2000) 129-140
“The Reconfiguration of the State and the Appropriate Scope of Judicial Review” in J Boston (ed) State Under Contract (Bridget Williams Books, Wellington, 1995)
“Law and Economics and the Case for Discrimination Law” in The University, Ethics and Society (Combined Chaplaincies at Victoria University of Wellington, Wellington, 1995)
“The Supreme Court, Confucianism and Western values and the impact on the law”, LawTalk, Issue 946, June 2021
Major articles and papers
Susan Glazebrook J & Mai Chen “Tikanga and Culture in the Supreme Court: Ellis and Deng” Amicus Curiae Journal Vol 4, No. 2 (2023): Series 2, published on 6 March 2023.
David Goddard J & Mai Chen “Article: Putting a Social and Cultural Framework on the Evidence Act” Amicus Curiae Journal Vol. 4 No. 1 (2022): Series 2, published on 2 November 2022.
Mai Chen & Andrew Godwin “Culturally and Linguistically Diverse Parties in Australian courts – Insights from New Zealand” (2022) Issue Paper, to be launched on 12 September 2022.
David Goddard J & Mai Chen “Putting a Social and Cultural Framework on the Evidence Act: Recent New Zealand Supreme Court Guidance” (2022). Presentations to a seminar on the Supreme Court decision in Deng v Zheng [2022] NZSC 76.
“Latest cases on CALD parties in litigation and lessons from the Court of Appeal in Zheng”, (April 2021) Employment Law Bulletin
“CALD parties before the Employment Relations Authority”, LawTalk, Issue 939, May 2020
“Judicial leadership on equal access to justice for Culturally and Linguistically Diverse Parties in Courts”, LawTalk, Issue 938, April 2020
“Unique issues and challenges faced by culturally, ethnically and linguistically diverse parties in court” [2019] New Zealand Law Journal 393
“Lawyers need to do more to ensure CALD clients get equal access to justice in courts”, LawTalk, Issue 935, December 2020
Mai Chen “New Zealand’s Ombudsmen Legislation: The Need for Amendments after Almost 50 Years” (2010) 40(4) VUWLR 723. This published the paper from “A Public Law Toolbox Perspective on the Ombudsman’s Role After 50 Years” (paper presented to the 10th World Conference of the International Ombudsman Institute, 14 – 16 November 2012, Wellington)
“Auckland Local Government Reforms” (August 2009) New Zealand Law Journal 316
Mai Chen & Richard Harker “Commerce Amendment Act 2008” (November 2008) New Zealand Law Journal 421
“Crown Entities Act : 18 months on” (September 2006) New Zealand Law Journal 315
“Is Judicial Independence under Threat in New Zealand?”, Triennial Judges Conference, Rotorua, 31 March 2003
New Zealand Law Society Seminar Delegated Legislation, May 2002, “Part II: Practical problems for practitioners with regulations”, pages 57-97
“A Constitutional Revolution? The Role of the New Zealand Parliament in Treaty-making” (2001) New Zealand Universities Law Review 448-474
“Ratifying the Kyoto Protocol by September 2002: Policy and Legislative Implications” [2001] New Zealand Law Journal 443
“The Changing Shape of the Public Sector Under the Labour-Led Coalition Government” [2001] New Zealand Law Journal 207
“Crown Entities” [2001] New Zealand Law Journal 257
“Unfinished Business: The Evolving Role of Parliament in Executive Treaty-Making in New Zealand”, Australian and New Zealand Society of International Law — American Society of International Law Proceedings of Joint Meeting 2000, 227-263
“Inquiries and reviews under the Labour/Alliance Government”, LawTalk, Issue 537, 3 April 2000
“Organising the Executive under a Change Constitution : What should be included?”, Building the Constitution Conference, (Institute of Policy Studies, Wellington, 2000)
“Better Enforcing the Women’s Rights Convention” in Paul Hunt (ed) Human Rights – How are they best protected? Proceedings of a seminar organised by New Zealand Law Society, Commonwealth Human Rights Initiative, International Commission of Jurists (New Zealand Section) (Human Rights Commission, Auckland, 1998)
“Improving Enforcement of the Women’s Rights Convention” (1996) 2 Human Rights Law and Practice 19
“Parliament And Law-making Under MMP: The New Standing Orders”, in Conference Papers – The 1996 New Zealand Law Conference (1996) vol 1, 132
“MMP and Further Reconfiguration of the State?” [1995] New Zealand Law Journal 158
“Accountability of SOEs & Crown-owned Companies: Judicial Review, the New Zealand Bill of Rights Act and the impact of MMP” [1994] New Zealand Law Journal 296
“The Introduction of Mixed-member Proportional Representation in New Zealand – Implications for Lawyers” (1994) 5 Public Law Review 104
“Judicial review of state-owned enterprises at the crossroads” (1994) 24 Victoria University of Wellington Law Review 51
“Self-regulation or State Regulation? Discrimination in Clubs” (1993) 15 New Zealand Universities Law Review 421
“Judicial Review under the Health and Disability Services Act 1993” (1993) 16(4) Public Sector 20
“MMP to expand lawyer influence, increase parliamentary scrutiny” (1993) Issue 406, LawTalk, 19
“Protective Laws and the Convention on the Elimination of All Forms of Discrimination Against Women” (1993) 15(1) Women’s Rights Law Reporter 1
“The Impact of the New Human Rights Act 1993: Disability and Age Discrimination” (1993) 91 Australian and New Zealand Equal Opportunity Law and Practice Reporter, “New Developments” 705
“Remedying New Zealand’s Constitution in Crisis: Is MMP part of the answer?” [1993] New Zealand Law Journal 22
“Discrimination, Law, and Being a Chinese Immigrant Woman in New Zealand” [1993] 9(2) Women’s Studies Journal 1-29
“The Inadequacies of New Zealand’s Discrimination Law” [1992] New Zealand Law Journal 137
“Reforming New Zealand’s Anti-Discrimination Law” [1992] New Zealand Law Journal 172
“A Lawyer’s Perspective on Māori and Gender Issues in the 1990 General Elections” in EM McLeay (ed) The 1990 General Election: Perspectives on Political Change in New Zealand Occasional Publication No.3 (Department of Politics, Victoria University of Wellington, Wellington, 1991) 91
“The Experience of an LLM Student at Harvard Law School” [1990] New Zealand Law Journal 8
“Customary Māori Fishing Rights” [1989] New Zealand Law Journal 233
“Avoiding Compromise Agreements for Unjust Effect: An Evaluation of the Courts’ Approach to section 21(8)(b) Matrimonial Property Act 1976” (1987) 6 Otago Law Review 440
New Zealand Lawyer, Issue 33: Sore Loser or Defender of Democracy? Peters v Clarkson; and 2006 from a Public Law Perspective – 10 February 2006
New Zealand Lawyer, Issue 35: An underutilised public law tool? The first 15 years of the New Zealand Bill of Rights Act 1990 10 March 2006
New Zealand Lawyer, Issue 37: The Constitutional Future of the Treaty of Waitangi: will the Courts play a role? – 7 April 2006
New Zealand Lawyer, Issue 39: Private Companies and Public Duties – a Cautionary Tale – 5 May 2006
New Zealand Lawyer, Issue 41: A fresh look at Regulation: Trends and Likely Outcomes – 2 June 2006
New Zealand Lawyer, Issue 43: Evaluating the First Eighteen Months of the Crown Entities Act – 30 June 2006
New Zealand Lawyer, Issue 45: Successful Government Contracting – understanding the unique characteristics of the Government as a contracting party – 28 July 2006
New Zealand Lawyer, Issue 47: Local Government – Three years into the learning curves – 25 August 2006
New Zealand Lawyer, Issue 49: Student Discipline from the Public Law Perspective – 22 September 2006
New Zealand Lawyer, Issue 51: The Whangamata Marina Case: Crossing the Rubicon, Part 1 of 2 – 20 October 2006
New Zealand Lawyer, Issue 53: The Whangamata Marina Case: Crossing the Rubicon, Part 2 – 17 November 2006
New Zealand Lawyer, Issue 59: The Government agenda for 2007 from a public law perspective – 2 March 2007
New Zealand Lawyer, Issue 61: Regulate or Ban? Party Pills and Public Law Issues – 30 March 2007
New Zealand Lawyer, Issue 62: The Diagnostic Medlab case: pushing the boundaries of public law, or just an unusual set of law & facts?– 13 April 2007
New Zealand Lawyer, Issue 64: Enforcement and Penalties under the Therapeutic Products and Medicines Bill: Joint Regime or Australian Regime? – 11 May 2007
New Zealand Lawyer, Issue 66: Decision making on climate change policy and legislation: will New Zealand be ready for the first commitment period on 1 January 2008? – 8 June 2007
New Zealand Lawyer, Issue 68: The Education (Tertiary Reforms) Amendment Bill – reforming the sector or eroding academic freedom? – 6 July 2007
New Zealand Lawyer, Issue 70: Review of Parts 4A, 4 and 5 of the Commerce Act: A New Regulatory Dawn? – 3 August 2007
New Zealand Lawyer, Issue 72: Reform of the Real Estate Agents Act 1976: Some constitutional issues – 31 August 2007
New Zealand Lawyer, Issue 74: Section 19 of the Crown Entities Act: does illegality mean invalidity? – 28 September 2007
New Zealand Lawyer, Issue 76: The Government’s recent climate change announcements: public law issues – 26 October 2007
New Zealand Lawyer, Issue 78: The Royal Commission of Inquiry on Auckland: Public Law Issues – 23 November 2007
New Zealand Lawyer, Issue 79: Getting the balance right : Privacy, the free flow of information and the Births, Deaths, Marriages, and Relationships Registration Amendment Bill
New Zealand Lawyer, Issue 82: The legislative and regulatory outlook in election year 2008 – 22 February 2008
New Zealand Lawyer, Issue 84: Greater regulation of financial advice; getting the balance right? – 20 March 2008
New Zealand Lawyer, Issue 86: Advising clients on the Electoral Finance Act – 18 April 2008
New Zealand Lawyer, Issue 92: Revealing Public Law’s holy book – 11 July 2008
New Zealand Lawyer, Issue 96: Liquor Reform: good government or good politics? – 5 September 2008
New Zealand Lawyer, Issue 97: Reflections on the fifteenth anniversary of the MMP referendum – 19 September 2008
New Zealand Lawyer, Issue 98: Setting the scene: The Electoral Finance Act 2007 in context – 3 October 2008
New Zealand Lawyer, Issue 99: The Real Estate Agents Act 2008: A warning to other professions? – 17 October 2008
New Zealand Lawyer, Issue 100: When is a litigation problem really a legislative problem? – 31 October 2008
New Zealand Lawyer, Issue 107: The changing legislative and regulatory environment under the new Government – the first one hundred days – 8 March 2009
New Zealand Lawyer, Issue 111: Is the MMP referendum likely to result in electoral reform? – 4 May 2009
New Zealand Lawyer, Issue 115: The Impact of the Regulatory Reform Bill and Taskforce – 26 June 2009
New Zealand Lawyer, Issue 117: The Government’s decision not to regulate franchising – can it be changed? – 24 July 2009
New Zealand Lawyer, Issue 123: “Education (Polytechnics) Amendment Bill 2009: A Major Law Reform in the Polytechnic Sector” – 16 October 2009
New Zealand Lawyer, Issue: 126: “Strengthening the Protection of Private Property: The Regulatory Responsibility Taskforce 2009 and Revised Bill” – 11 December 2009, pp10-11
New Zealand Lawyer, Issue 137: Why Ombudsman Matter and Why the Ombudsman Act needs Reform” – 28 May 2010, pp10-13
New Zealand Lawyer, Issue 143: “The Relevance of Public Law to Business” – 20 August 2010, pp 10-12
New Zealand Lawyer, Issue 159: “New Zealand Parliament’s love affair with fast law-making and urgency” – 6 May 2011
New Zealand Lawyer, Issue 177: “The Public Law Toolbox” – 10 February 2012
“Ensuring ethnically diverse workers do not suffer greater injury and illness”, LawTalk, Issue 925, February 2019
“The Importance of Diverse Thinking for the Legal Profession”, LawTalk, Issue 922, October 2018
“Multiple Ground Discrimination: A 21st century necessity” LawTalk, Issue 902, 2 December 2016
“Cultural Differences”, Safeguard Magazine, September/October 2018
Media Appearances
Mai has regularly appeared in the media over the last 30 years to commentate on public law, New Zealand’s constitutional structure, diversity in New Zealand, and te Tiriti o Waitangi issues. Below is a list of Mai’s media appearances. Mai also regularly appears on RadioNZ with Wallace Chapman.
Most recent appearances
Mai Chen on Sunday Café with Mel Homer 15 January 2023
Mai Chen Interview with TV3 Newshub Nation 10 September 2022
Mai Chen Interview with Newshub on 12 October 2023
Other appearances
Newshub (explaining whether the Labour Party can release a video featuring shot of Dr Ashley Bloomfield, Director- General of Health and Chief Executive) 23 August 2022.
The AM Show (explaining what Prime Minister Jacinda Ardern’s options are for delaying the election amid the COVID-19 pandemic) 17 August 2020.
RadioNZ Checkpoint with Linda Owen (discussing charging returning New Zealanders for managed isolation) 28 July 2020.
RadioNZ The Panel (discussing a new law providing a legal framework for COVID-19 Alert Level 2) 12 May 2020.
RadioNZ The Panel (discussing the realities of racism in New Zealand due to COVID-19) 5 May 2020.
Forbes Magazine (discussing COVID-19, leadership and superdiversity) 30 April 2020.
RadioNZ with Linda Clark (discussing New Zealand’s COVID- 19 response) 26 April 2020.
RadioNZ The Panel (discussing various subjects) 22 April 2020.
RadioNZ The Panel (on various subjects) 19 June 2019.
Newstalk ZB (discussing allegations of sexual assault at Parliament) 23 May 2019.
AmbitionNZ Interview (discussing the meaning of ambition) 6 March 2019.
RadioNZ The Panel, with John Pulu (on various subjects) 26 February 2019.
RadioNZ (on cultural and linguistic diversity in courts) 3 February 2019.
Stuff’s What Women Want panel celebrating 125 years of women’s suffrage 19 September 2018.
Appearance in Human Rights Commission “Still Striving for Equality” video for 125 years of women’s suffrage 18 September 2018.
NBR Interview (discussing diverse thinking in NZ Boardrooms) 23 August 2018.
TVNZ Breakfast Interview (discussing diverse thinking in NZ Boardrooms, following the launch of the Diverse Thinking Capability Audit report) 22 August 2018.
RadioNZ The Panel, with Allan Blackman (on various subjects) 21 August 2018.
WorkSafe Insights – Championing Health and Safety with Nicole Rosie (discussing challenges for work health and safety in a superdiverse environment) 14 August 2018.
The Spinoff – Business is Boring Podcast Interview (on the need for Asian leaders in NZ businesses) 3 August 2018.
RadioNZ The Panel, with Guy Williams (on various subjects) 28 June 2018.
RadioNZ (on diversity of public sector boards) 7 May 2018.
RadioNZ The Panel, with Jock Anderson (on various subjects) 2 May 2018.
RadioNZ The Panel, with Michael Moynihan (on various subjects) 14 March 2018.
Newstalk ZB Interview (discussing New Zealand’s changing gender parity) 8 March 2018.
TVNZ Seven Sharp (on offering a Mandarin translation for Chinese clients on her legal services app) 21 February 2018.