Browse By Subject

In November 2006 the New Zealand Law Commission and the Ministry of Justice launched a joint programme of tribunal reform in New Zealand. The aim of the project was to “recommend a structure for existing tribunals as well as a framework for the establishment of tribunals in the future”. As I write this, the whisper from the Beehive suggests that the change in government means that the... [Conference Paper]

The development of the European Union over the past fifty years has been nothing short of revolutionary, as the role of the nation-state has altered to adjust to a new supra-national reality.1 In tandem with this supra-national revolution changes at the local, and particularly the “regional” level, have also undergone something of a revolution themselves.2 This “unexpected” revolution... [Conference Paper]

The development of the European Union over the past fifty years has been nothing short of revolutionary, as the role of the nation-state has altered to adjust to a new supra-national reality.1 In tandem with this supra-national revolution changes at the local, and particularly the “regional” level, have also undergone something of a revolution themselves.2 This “unexpected” revolution... [Conference Paper]

There has been a lot of interest and debate over the issue of who has priority since certain resources have either approached or been deemed to be already at sustainable limits. Nowhere is this more evident than in the arena of water allocation. This article follows the process for determining priority through the Courts up to the Supreme Court of the case Ngai Tahu Properties v Central Plains... [Journal Article]

The purpose of the present article is to analyse South African listed companies’ public reporting in order to contribute to our understanding of how and why companies consider human rights. The empirical analysis is placed in the context of the increasing prominence of human rights as a business issue, premised in part on the activities of the United Nations (UN) Special Representative of the... [Journal Article]

During the 1970s and early 1980s the historic contradiction between Maori and the colonial state publicly resurfaced, with high-profile Maori demands for the recognition of Maori sovereignty. By 1984 those demands became broader-based. They focused on the Crown's affirmation in the Treaty of Waitangi of continued Maori control over economic resources, independent political authority, and... [Thesis or Dissertation]

The exponential growth of advanced communication technologies has corresponded with diverse opportunities for criminal offending within this arena. New forms of deviance are supported by the unique characteristics of the Internet environment, whilst pre-existing crimes are also paralleled online. Research indicates that content related offences, including cyberstalking and online sexual...

This paper critically examines existing land use planning statutes and proposes major reform. It argues that land use planning statutes serve a valuable function in providing for the clearer definition of property rights, but that this function is compromised by present planning procedures that allow these rights to be adjusted coercively, and it argues further that the removal of this second... [Book]

This paper critically examines existing land use planning statutes and proposes major reform. It argues that land use planning statutes serve a valuable function in providing for the clearer definition of property rights, but that this function is compromised by present planning procedures that allow these rights to be adjusted coercively, and it argues further that the removal of this second... [Book]

The subject of this dissertation is the relationship between the protection of foreign investors' investments under international investment law and the domestic law of host states. Two questions arise in this connection. First, is the promotion and protection of investments comprised in investment agreements compatible with states' domestic law? Second, public policies of host states...

The subject of this dissertation is the relationship between the protection of foreign investors' investments under international investment law and the domestic law of host states. Two questions arise in this connection. First, is the promotion and protection of investments comprised in investment agreements compatible with states' domestic law? Second, public policies of host states...

In New Zealand, following an important censorship decision made under a new legislative regime in 1996, distributors of the overseas magazines 'Knave', 'Ravers' and 'Two Blue' now employ individuals whose soul task is to examine such magazines after they enter the country, in order to carefully obscure with black felt pen identified harmful words contained within... [Journal Article]

In New Zealand, following an important censorship decision made under a new legislative regime in 1996, distributors of the overseas magazines 'Knave', 'Ravers' and 'Two Blue' now employ individuals whose soul task is to examine such magazines after they enter the country, in order to carefully obscure with black felt pen identified harmful words contained within... [Journal Article]

In 2001, I began the field work in an empirical study of the laws of defamation in New Zealand. This study involved a comprehensive mail-out survey of the New Zealand media, and an adapted survey of defamation lawyers, which were designed to discover how the laws of defamation affected both groups, and what the respondents thought about those laws. The survey was augmented by an extensive... [Thesis or Dissertation]

The doctrine of privity as laid down by the courts in the 19th century has long been the target of law reformers. As long ago as 1937 the United Kingdom Law Revision Committee suggested statutory modification of the privity rules, and the failure of successive governments to give effect to that recommendation has drawn vigorous comment from the House of Lords in recent leading cases. Statutory... [Journal Article]

In December 1982 the Criminal Law Reform Committee presented to the Minister of Justice a comprehensive report on bail and made many recommendations for changes in the current law and practice in this area. The primary recommendation of the Committee is that in a majority of circumstances there should be a statutory presumption in favour of bail. The circumstances in which this presumption will... [Journal Article]

Pacific leaders frequently refer to two significant objectives – maintaining local values and custom and implementing universal, human rights. This study is about achieving both objectives. Both custom and specific human rights are embedded in many Pacific constitutions or statutes, yet the two concepts are often perceived as conflicting. From one perspective, human rights are seen as a... [Report]

Pacific leaders frequently refer to two significant objectives – maintaining local values and custom and implementing universal, human rights. This study is about achieving both objectives. Both custom and specific human rights are embedded in many Pacific constitutions or statutes, yet the two concepts are often perceived as conflicting. From one perspective, human rights are seen as a... [Report]

The focus of this paper is on the maturing of the in personam claim, and its relationship with the concepts of supervening fraud and landlocked land. The paper concentrates solely on the enforcement of the claim against the class of registered owners and uses two decisions concerning a sub‐set of that class — the access‐blocking owner — to tease out the principles. The claim will... [Journal Article]

Parliament has unlimited legal power to enact legislation; and the courts must recognise and enforce any legislation enacted by Parliament. That uncompromising statement of the legal powers of Parliament and the constitutional relationship between Parliament and the courts in the United Kingdom has long been debated among commentators. One aspect of that debate has centred on the Parliament Act... [Journal Article]

The softening of the traditionally hard border of the nation-state has had a significant impact on the study of law and legal systems. Until now, those who have studied the international level of law, with some notable exceptions, have sat rather isolated from those who study the domestic legal order. The discourses of public and public international law, with some notable exceptions, rarely... [Journal Article]

The first section of this article introduces the topic of property takings, along with American legal theorist cum conversationalist John R Commons. My attraction to Commons is the way he adopted what may be called the 'Socratic method' in education. In this he sought to offer not a 'true understanding' of the law but, rather, insights into the generative process that... [Journal Article]

This article examines how our industrial system is responding to worker demands for bi-lateral control over the introduction of technology into the workplace. In New Zealand Federated Clerical and Office Staff Employees I.A.W. v Wellington Law Practitioners I.U.E. the Arbitration Court was asked to arbitrate on the clerical and office staff employees' demand for a right to bargain over the... [Journal Article]

[Journal Article]

[Journal Article]