Brendan
Daly
B Theol, PG Dip Theol, PhD (Ottawa), JCD (St. Pauls)
Principal
and Lecturer in Canon Law
E-mail:
brendan.daly@xtra.co.nz
I am a priest
from the diocese of Christchurch and was ordained in 1977. I studied
canon law in Ottawa in the 1980s, completing a doctorate in canon
law in 1986 with a thesis concerning infant baptism. I taught at Holy
Cross College from 1987 and was rector of Holy Cross Seminary from 1995-2000.
I was a lecturer in canon law at Good Shepherd College Te
Hepara Pai in 2001 and began as principal in 2002. I am a judge
on the Tribunal of the Catholic Church for New Zealand and a judge on
the Appeal Tribunal for Australia and New Zealand. Outside of academic
life, I enjoy running, something I am well known for.
Research
Interests:
Baptism, marriage, canon law, sacramental theology and pastoral issues.
Publications:
"Canonical requirements
of Parents in cases of Infant Baptism", in Studia Canonica, 20(1986),
vol. 2, pp. 409-438.
"Sharing the Eucharist
with Non-Catholics", in 1990 Spring Newsletter of the Canon law
Society of Australia and New Zealand, pp. 69-84.
"The Ecclesial Vocation
of the Theologian in the Light of the Fact that the Catholic Church
subsists in the Catholic Church", in Spring 1991 Newsletter of
the Canon Law Society of Australia and New Zealand, pp. 59-72.
"Marriage and Divorce
in New Zealand", in The New Zealand Tablet, February 1992, 3 issues.
"Marriage and Divorce
in New Zealand", in 1992 Newsletter of the Canon Law Society of
Australia and New Zealand, Autumn, pp. 21-34.
"Marriage and Divorce
in New Zealand", in Newsletter no: 91, September 1992 of the Canon
Law Society of Great Britain and Ireland, pp. 35-50.
"Divorce more likely
if Couples have Cohabited", in The New Zealand Tablet, February
3, 1993, pp. 6-7.
"First Seminary had
Crash Course", in New Zealand Catholic, 22(17 August, 1997), p.
11.
"Canon 877: Altering
Baptismal Registers", in Roman Replies and CLSA Advisory Opinions
2000, Canon Law Society of America, Washington, 2000, pp. 98-99.
"Canons 882 and 883
- Minister of Confirmation", in Roman Replies and CLSA Advisory
Opinions 2001, Canon Law Society of America, Washington, 2001, pp. 103-105.
"Canon 868 - Baptism
of Child of Separated Parents", in Roman Replies and CLSA Advisory
Opinions 2002, Canon Law Society of America, Washington, 2002, 104-106.
"Canons 843 and 1077
- Refusal by Priest to Witness Marriage", in Roman Replies and
CLSA Advisory Opinions 2002, Canon Law Society of America, Washington,
2002, 101-103.
"'Refusing Sacraments'
Another Name for Driving People Away from the Church", Australasian
Catholic Record, vol. 80, January 2003, pp. 39-50.
"Canon 1161 - Sanation
of Marriage by Vicar General", in Roman Replies and CLSA Advisory
Opinions 2003, Canon Law Society of America, Washington 2003, 78-80.
"Canon 1722 - Administrative
Leave of Priest Accused of Sexual Abuse", in Roman Replies and
CLSA Advisory Opinions 2003, Canon Law Society of America, Washington
2003, 104-107.
"Parishes: Leadership
and other Issues associated with Clustering and Mergers", Australasian
Catholic Record, vol. 81, no. 4, October, 2004, 442-456.
"Canons 538 and 1740-1747:
Removal of Pastor When Parish Is Suppressed", in Roman Replies
and CLSA Advisory Opinions 2004, Canon Law Society of America, Washington
2004, 129-135.
Convenor of the Committee
writing the "Programme for Priestly Formation" for the New
Zealand Catholic Bishops Conference published in 2004.
"Form for Marriage:
Technicality or Protecting a Sacrament", Australasian
Catholic Record, vol. 82, no.2, 2005, 163-177
"Canon 281 Equalisation
of Priests' Salaries", in Roman Replies and CLSA Advisory Opinions
2005, Canon Law Society of America, Washington 2005, 53-56.
Canon 241§3
Admission of Seminarians who were previously in a seminary or religious
institute, Roman Replies and CLSA Advisory Opinions 2006, Canon
Law Society of America, Washington 2006, 50-54.
"Canon 844§4. Ecumenical
Reception of the Eucharist on Special Occasions, Roman Replies and CLSA
Advisory Opinions 2006, Canon Law Society of America, Washington, 2006,
57-61.
The Stance of the Catholic
Church on Sharing the Eucharist with Baptised non-Catholics such as
Anglicans and Presbyterians in Australasian Catholic Record,
July 2007, 289-304.
"Canon 1004: Anointing
of the Sick and the Elderly and Mentally ill", Roman Replies
and CLSA Advisory Opinions 2007, Canon Law Society of America, Washington,
2007, 81-83.
Canon 1274: Use of
Clergy Trust Fund to pay Lay Pastoral Workers, Roman Replies
and CLSA Advisory Opinions 2007, Canon Law Society of America, Washington,
2007, 94-97.
"Celibacy: An Ecclesiastical
Imposition or Identification with Jesus Christ", in Victor G.
D'Souza, In the Service of Truth and Justice, Centre of Canon Law
Studies, Bangalore, 2008, 191-214.
Canon 1086, §2
Extension of Faculty granted to Pastor to Parish moderator, Parochial
Administrator, or other Parish Priest, in Roman Replies and
CLSA Advisory Opinions 2008, Editors Joseph J. Koury and Siobhan
M. Verbeek, Canon Law Society of America, Washington, 2008, 102-104.
"The Sacrament of the
Anointing of the Sick: Who can anoint and who can be anointed?",
Newsletter of the Canon Law Society of Australia and New Zealand, 1:2008,
30-41.
"Anglican Clergy Becoming
Catholic Clergy - Why Re-ordination?", Canon Law Society of
Australia and New Zealand Newsletter, 2009:1; 62-73.
“Rite ll is for Limited Occasions Only”, in New Zealand Catholic , April 5-18, 2009, 9.
“The Luckiest People on Earth”, in Stephen J. Rossetti, Born of the Eucharist: A Spirituality for Priests , (Indiana, Ave Maria Press: 2009), 125.
"Sexual Abuse and Canon Law" in Compass, vol. 43, no.3, Spring 2009, 33-40.
“Canon 447: Diocesan Obligation to Pay Episcopal Conference Assessment,” in Roman Replies and CLSA Advisory Opinions 2009 , 25th Anniversary Edition, Editors Sr. Sharon Ewart RSM and Siobhan M. Verbeek, Canon Law Society of America, Washington, ISBN 1-932208-24-0, 2009, 76-78.
Canon 893: Parents as Confirmation Sponsors,“ in Roman Replies and CLSA Advisory Opinions 2009 , 25th Anniversary Edition, Editors Sr. Sharon Ewart RSM and Siobhan M. Verbeek, Canon Law Society of America, Washington, ISBN 1-932208-24-0, 2009, 91-93.
“Priestly Celibacy. The Obligations of Continence and Celibacy for Priests,” in Compass, vol. 43, no. 4, Summer, 2009, 20-34.
“Pastoral Care Of Immigrant Communities: Are Personal Parishes the only Option?” in The Canonist , vol. 1, no. 1, 60-82.
“Canon 979: Inappropriate Questions in the Confessional”, in Roman Replies and CLSA Advisory Opinions 2010, (Canon law Society of America, Washington),122-124.
“Any Possibility of Communion for the Divorced and Remarried without Annulments or Dissolutions?”, in Australasian Catholic Record, July 2010, 307-322.
CONFERENCES:
INVITED PAPERS
1987 CANON LAW SOCIETY OF
AUSTRALIA AND NEW ZEALAND, "Canon 868§1 'Spes Fundata",
Proceedings of the Twenty First Annual Conference, 53-60.
1992 CANON LAW SOCIETY OF
AUSTRALIA AND NEW ZEALAND, "Cohabitation, Marriage and Divorce",
Proceedings of the Twenty Sixth Annual Conference, 31-50.
2000 CANON LAW SOCIETY OF
AUSTRALIA AND NEW ZEALAND, "Diocesan and Parish Restructuring in
New Zealand", Proceedings of the Thirty Seventh Annual Conference,
67-72.
2001 CANON LAW SOCIETY OF
AUSTRALIA AND NEW ZEALAND, "Baptism of Children after Parents Separate",
Proceedings of the Thirty Seventh Annual Conference, 88-90.
2001 Eight Day Retreat for
the Carmelite Sisters in Christchurch, with two lectures a day.
2002 CANON LAW SOCIETY OF
AUSTRALIA AND NEW ZEALAND, "The Right of the Faithful to the Sacraments",
Proceedings of the Thirty Seventh Annual Conference, 80-90.
"The Role of the Promotor
of Justice in the Tribunal Today", at the Canon Law Conference
of Australia and New Zealand, in Sydney September 16-19, 2003, Proceedings
of the Thirty Seventh Annual Conference, 23-41.
Paper "The Status of
Parish Priests When Two Parishes are Suppressed and a New Parish is
Established", at the Canon Law Conference of Australia and New
Zealand, in Brisbane, September 13-16, 2004. Proceedings Canon Law Society
2004, pp 79-82.
Paper "Can Parents be Confirmation Sponsors for their Children?" Canon Law Society of Australia and New Zealand Conference, September 14-17, 2009.