Now showing items 1-12 of 12

  • Climate Change Compensation: An Unavoidable Discussion 

    Dudley Tombs, Benjamin; France-Hudson, Ben
    Climate change will cause significant loss and damage throughout New Zealand. This will affect everyone. When considering the options for responding, compensation will inevitably be raised, as either a requirement or a ...
  • Damage, Destruction, Distress: Shared Ownership Debacles 

    France-Hudson, Ben; Toomey, Elizabeth; Finn, Jeremy
    Shared ownership models of land use are part and parcel of our modern environment. In order to build high density, vibrant cities it is important to appreciate the types of problems that can occur where there is shared ...
  • Judicial Interpretation of Torrens Registered Documents 

    France-Hudson, Ben
    The appropriate approach to the interpretation of Torrens registered documents has been a heated issue in New Zealand. The problem arises because many interests in land (such as easements, covenants and leases) start life ...
  • The Kermadec/Rangitāhua Ocean Sanctuary: Expropriation Free but a Breach of Good Faith 

    France-Hudson, Ben
    This article explores the legal claims at the heart of the dispute surrounding the proposal that New Zealand create an ocean sanctuary surrounding the Kermadec/Rangitāhua Islands. While the author concludes that there is ...
  • Living in Interesting Times: Landonline, Leader in its Field at What Cost? 

    France-Hudson, Ben
    The defining feature of conveyancing practice in the twenty-first century will be the utilisation of electronic means to lodge data, to register dealings, and to record changes to title. The purpose of this paper is to ...
  • Repairs, Renovation, Restoration, Demolition or Replacement or Multi-Dwelling Units on a Single Title 

    France-Hudson, Ben; Finn, Jeremy; Toomey, Elizabeth
    Our research team (the authors of this paper and Professor Jacinta Ruru) based at the School of Law, University of Canterbury and the Faculty of Law, University of Otago has been granted funding from the Building Research ...
  • Review of the Unit Titles Act 2010: A Missed Opportunity 

    France-Hudson, Ben
    This article concerns the Unit Titles Act 2010 (NZ). It considers a review of this Act being undertaken by the Ministry of Business, Innovation and Employment. It suggests that the minimalist regulatory philosophy adopted ...
  • Revised Legal Frameworks for Ownership and Use of Multi-Dwelling Units 

    France-Hudson, Ben; Ruru, Jacinta; Toomey, Elizabeth; Jeremy, Finn
    This project was funded by the Building Research Association New Zealand (BRANZ) and the New Zealand Law Foundation. The authors consider what revisions could be made to the legal frameworks for the ownership and use of ...
  • Social Obligation and Environmental Management 

    France-Hudson, Ben
    This paper will explore the benefits of using the social obligation norm account of private property in the environmental law context. Using a selection of tradeable environmental allowance regimes from New Zealand and ...
  • Statutory Property: Is It a Thing? 

    France-Hudson, Ben
    Over the last several decades there has been a proliferation of property-type rights created by statute, particularly in the environmental management context. A key question has been how to approach these rights on a ...
  • Surprisingly Social: Private Property and Environmental Management 

    France-Hudson, Ben
    While scholars express a range of concerns about the use of private property to manage natural resources, an enduring counter-tradition within our idea of private property provides a principled basis for ameliorating or ...
  • A Timely Reminder of the Importance of Land Law Principles 

    France-Hudson, Ben
    This article considers a recent New Zealand land law case of Jin v Knox Property Investment Ltd [2015] NZHC 2296, [2016] NZCA 565. The author notes that all of the numerous judges and counsel involved failed to consider ...