Brendan Daly
Very Rev Dr Brendan Daly
BTh
PG Dip Theol
PhD (Ottawa)
JCD (St. Paul’s)
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 1980’s, 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. 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:
Books:
Canon Law in Action, Sydney, St Pauls Publications, 2015, ISBN: 9781921963476, 316 p.
Chapters in Books:
“Canons 1336, 1369 and 1399: Right of the Bishop to Impose a Penalty by Extrajudicial Decree,” in Roman Replies and CLSA Advisory Opinions 2019, (Washington DC: Canon Law Society of America, 2019, 55-58.
“Synodality and its consequences for Canon Law” in Stephen Crittenden ed., Health and Integrity in Church and Ministry: Conference Papers,2019, 93-102.
“Canons 983; 1388: The Seal of Confession” in Roman Replies and CLSA Advisory Opinions 2018, (Washington DC: Canon Law Society of America, 2018), 174-182.
“Canon 427: How much can a Diocesan Administrator do?” in Roman Replies and CLSA Advisory Opinions 2017, (Washington DC: Canon Law Society of America, 2017), 56-65.
“Canon 1336: What processes must the diocesan bishop follow to remove the faculties of a Priest?” in Roman Replies and CLSA Advisory Opinions 2017, (Washington DC: Canon Law Society of America, 2017), 87-95.
“Canon 276. Obligation to Pray the Liturgy of the Hours,” in Roman Replies and CLSA Advisory Opinions 2016, (Washington DC: Canon Law Society of America, 2016), 88-93.
“Canon 803 Catholic Parish School 83-87,” in Roman Replies and CLSA Advisory Opinions 2015, ISBN 978-1-932208-38-2, (Washington DC: Canon Law Society of America, 2015), 83-87.
Canon 1044 2, 2 “Psychic Illness as an Impediment for Exercising Orders,” in Roman Replies and CLSA Advisory Opinions 2014, ISBN 978-1-932208-38-2, (Washington DC: Canon Law Society of America, 2014), 68-71.
“Canon 1044 § 1, 3: Priest as an Accomplice in an Abortion,” Roman Replies and CLSA Advisory Opinions 2013, (Washington DC: Canon Law Society of America, 2013), 98-101.
“Canon 402. Is the Faculty to officiate at weddings necessary for a Diocesan Bishop who resigns and whose Resignation is accepted?” in Roman Replies and CLSA Advisory Opinions 2012, (Washington DC: Canon Law Society of America, 2012), 81-82.
“Canon 960: General Absolution and Perfect Contrition,” Roman Replies and CLSA Advisory Opinions 2011, (Washington DC: Canon Law Society of America, 2011, 104-108.
“Canon 240: Internal Forum in the Seminary,” Roman Replies and CLSA Advisory Opinions 2011, (Washington DC: Canon Law Society of America, 2011), 69-73.
“Canon 979: Inappropriate Questions in the Confessional”, in Roman Replies and CLSA Advisory Opinions 2010, ed. by Sharon Euart RSM, John Alesandro and Paul Hartmann, (Canon Law Society of America, Washington), 143-145.
“Canon 893: Parents as Confirmation Sponsors”, in Roman Replies and CLSA Advisory Opinions 2009, 25th Anniversary Edition, Editors Sr. Sharon Euart RSM and Siobhan M. Verbeek, Canon Law Society of America, Washington, ISBN 1-932208-24-0, 2009, 91-93.
“Canon 447: Diocesan Obligation to Pay Episcopal Conference Assessment,” in Roman Replies and CLSA Advisory Opinions 2009, 25th Anniversary Edition, Editors Sr. Sharon Euart RSM and Siobhan M. Verbeek, Canon Law Society of America, Washington, ISBN: 1-932208-24-0, 2009, 76-78.
“The Luckiest People on Earth”, in Stephen J. Rossetti, Born of the Eucharist: A Spirituality for Priests, (Indiana, Ave Maria Press: 2009), 125.
“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.
“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.
“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 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.
“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 281 Equalisation of Priests’ Salaries”, in Roman Replies and CLSA Advisory Opinions 2005 , Canon Law Society of America, Washington 2005, 53-56.
“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.
“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.
“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.
“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.
“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 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 877: Altering Baptismal Registers”, in Roman Replies and CLSA Advisory Opinions 2000, Canon Law Society of America, Washington, 2000, pp. 98-99.
Refereed Articles:
“Prescription: a Major issue in Dealing with Sexual Abuse Cases“, The Canonist, vol. 10, no. 1, 2019, 72-86.
“Changing Canon Law to include Sexual Abuse of a Minor an Irregularity,” The Canonist, vol. 9, no. 2, 2018, 125-139.
“The Suspension of Priests: Procedures to Impose and Remove the Penalty,” The Canonist, vol. 9, no. 1, 2018, 40-56.
“The Powers of the Diocesan Administrator“, Australasian Catholic Record, April 2018, 210-228.
“The Situation of Communism in Canon Law“, The Canonist, vol. 8, no. 2, 2017, 214-234.
“Removal of the Faculties of a Priest by a Diocesan Bishop,” The Canonist, vol. 8, no. 1, 2017, 87-102.
“Excommunication: A Red Card in the Catholic Church” in The Canonist, vol. 7, no. 2, 2016, 227-245.
“The Instruction Crimen Sollicitationis on the Crime of Solicitation: Confusion or Cover-up of Paedophilia?” in The Canonist, vol. 7, no. 1, 2016, 10-30.
“Steering Wheel or Spare Tyre? The Obligation of the Priest to Pray”, Australasian Catholic Record, July 2016, 292-309.
“Precepts and their Application”, The Canonist, vol. 6, no. 2, 2015, 184-202.
“Power of Governance in the Internal Forum and the External Forum”, The Canonist, vol. 6, no. 1, 2015, 44-64.
“What Age for the Reception of Confirmation?” The Canonist, vol. 5, no. 2, 2014, 165-178.
“Closing Churches Deemed Surplus to Requirements when Amalgamating Parishes”, The Canonist, vol. 5, no. 1, 2014, 25-40.
“The Lifestyle of the Diocesan Priest in Relation to Poverty”, Australasian Catholic Record, January 2014, 73-91.
“Abortion and its Canonical Consequences”, The Canonist, vol. 4, no. 2, 2013, 205-221; reprinted in Canon Law Society of Great Britain and Ireland Newsletter, no. 177, March 2014, 20-34.
“The Promise of Obedience of Diocesan Priests: What does it mean?” in Australasian Catholic Record, January, 2013, vol. 90, no. 3, 329-343.
“The Absolution of an Accomplice in a Sin against the Sixth Commandment”, The Canonist , vol. 4, 2013, no. 1, 87-99; reprinted in Canon Law Society of Great Britain and Ireland Newsletter, September 2013, no. 175, 8-18.
“Seal of Confession: A Strict Obligation for Priests” in Australasian Catholic Record, January, 2013, vol. 90, no. 1, 3-21.
“Solicitation: A Crime that Encompasses a Number of Sins”, The Canonist, vol. 3, 2012, no. 2, 207-221.
“Upholding Respect for Holy Orders: The Role of Impediments and Irregularities”, The Canonist, vol. 3, 2012, no. 1, 43-57.
“Penalties and their Application according to Canon Law”, The Canonist, vol. 2, 2011, 167-183.
“Perfect Act of Contrition – An Overlooked Means of Reconciliation?” in The Canonist, vol. 2, 2011, no. 1, 71-88.
“Incardination of Clergy: A Bond in the Interests of Everyone”, in The Canonist, vol. 1, 2010, no. 2, 39-54; reprinted in Canon Law Society of Great Britain and Ireland Newsletter, no. 164, December 2010, 83-98.
“Any Possibility of Communion for the Divorced and Remarried without Annulments or Dissolutions?” in Australasian Catholic Record, July 2010, 307-322.
“Pastoral Care Of Immigrant Communities: Are Personal Parishes the only Option?” in The Canonist, vol. 1, 2010 no. 1, 60-82.
“Priestly Celibacy. The Obligations of Continence and Celibacy for Priests” in Compass, vol. 43, no. 4, Summer, 2009, 20-34.
“Sexual Abuse and Canon Law” in Compass, vol. 43, no.3, Spring, 2009, 33-40.
“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.
“Form for Marriage: Technicality or Protecting a Sacrament”, Australasian Catholic Record, vol. 82, no.2, 2005, 163-177.
“Parishes: Leadership and other Issues associated with Clustering and Mergers”, Australasian Catholic Record, vol. 81, no. 4, October, 2004, 442-456.
“Refusing Sacraments’ Another Name for Driving People Away from the Church”, Australasian Catholic Record, vol. 80, January 2003, pp. 39-50.
“Canonical requirements of Parents in cases of Infant Baptism”, in Studia Canonica, 20(1986), vol. 2, pp. 409-438.
Non-Refereed Publications:
“Rethinking Church Governance”, Tui Motu, issue 247, April 2020, 20-21.
“Pope Francis sets new Procedures,” Tui Motu, issue 238, June 2019, 18-19.
“Synodality and Canon Law” WelCom, June 2019.
“Sexual Abuse and Canon Law” Tui Motu, 235, March 2019, 12-13.
“Clericalism out – Synodality in,” Tui Motu, 234, February 2019, 10-11.
“Sharing the Eucharist with Non-Catholics”, in Newsletter of the Canon law Society of Australia and New Zealand, 1990, Spring, 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 Newsletter of the Canon Law Society of Australia and New Zealand, Spring 1991, 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 of the Canon Law Society of Great Britain and Ireland, no: 91, September 1992, 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.
“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 llI is for Limited Occasions Only”, in New Zealand Catholic, April 5-18, 2009, 9.
Convenor of the Committee writing the “Programme for Priestly Formation” for the New Zealand Catholic Bishops Conference published in 2004.
CONFERENCES: INVITED PAPERS
“Synodality and its Consequences for Canon Law,” invited paper at the Health and Integrity in Church and Ministry Conference, held in Melbourne (27–29 August 2018), hosted by the University of Divinity.
Amalgamation of Parishes,” invited workshop at the Canon Law Society of Australia and New Zealand Conference, at Manly, Australia, 2 September 2014, published in the Proceedings.
“Problems with Penal Law – Issues and how the Proposed Revision of the Law Deals with Them,” at Canon Law Society of Australia and New Zealand 2012 Conference, Auckland, Proceedings Canon Law Society of Australia and New Zealand , 46th Annual Conference 2012, 55-80 .
Paper “Can Parents be Confirmation Sponsors for their Children?” Canon Law Society of Australia and New Zealand Conference, September 14-17, 2009.
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.
“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.
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.
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.
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.
1992 CANON LAW SOCIETY OF AUSTRALIA AND NEW ZEALAND, “Cohabitation, Marriage and Divorce”, Proceedings of the Twenty Sixth Annual Conference, 31-50.
1987 CANON LAW SOCIETY OF AUSTRALIA AND NEW ZEALAND, “Canon 868§1 ‘Spes Fundata”, Proceedings of the Twenty First Annual Conference, 53-60.