Now showing items 1-17 of 17

  • Animal Law Syllabus Design: A New Zealand Perspective 

    Rodriguez Ferrere, Marcelo
    Since 2013, the University of Otago has offered a course entitled ‘Animals and the Law.’ This paper describes the structure of the course and explains the author’s reasoning for the content included in the course, in the ...
  • Animal Welfare in New Zealand: Oversight, Compliance and Enforcement 

    Rodriguez Ferrere, Marcelo; King, Mike; Larsen, Levi Mros
  • Costs in Criminal Cases: Ridiculously Ultra Vires? 

    Rodriguez Ferrere, Marcelo
    The decision in Carruthers v Otago Regional Council is the latest to highlight the deficiencies in the New Zealand Costs in Criminal Cases Regulations 1987. This paper makes the case that the Government needs to revise the ...
  • The Functional Convergence of Appeal and Judicial Review 

    Rodriguez Ferrere, Marcelo
    "Judicial review is not the same as appeal" is one of the more common epithets found in administrative law in New Zealand. As neat as it is, however, it is not truly reflective of reality. Often, when considering the ...
  • Gambling Machines and Accounting 

    Rodriguez Ferrere, Marcelo
    This paper considers the importance of recognised accounting standards in statutory interpretation, even in the highly-specialised gaming industry. The paper discusses the treatment of gaming machines for accounting purposes ...
  • An Impasse in New Zealand Administrative Law: How did we get here? 

    Rodriguez Ferrere, Marcelo
    Variable intensity or standards of review is an issue that has long vexed many Commonwealth courts and commentators. New Zealand is no exception, and a rigorous debate about the desirability of a structured approach to ...
  • The Inherent Jurisdiction of the Court and Its Limits 

    Rodriguez Ferrere, Marcelo
    This paper is an attempt to define the “inherent jurisdiction of the court,” describe its exercise and prescribe its limits. The paper begins by examining the exercise of the inherent jurisdiction in four similar common ...
  • John Smillie, Judicial Review and New Zealand's Missed Opportunity 

    Rodriguez Ferrere, Marcelo
    This paper explores Professor John Smillie’s contribution to administrative law in New Zealand and, specifically, his proposal for the development of judicial review over thirty years ago. The author begins by detailing ...
  • Judicial Innovation Under the New Zealand Bill of Rights Act: Lessons for Queensland? 

    Geddis, Andrew; Rodriguez Ferrere, Marcelo
    In 2016, the Legal Affairs and Community Safety Committee of Queensland Parliament issued a report on its ‘Inquiry into a possible Human Rights Act for Queensland.’ In the course of deliberations over this document, the ...
  • Judicial Innovation Under the New Zealand Bill of Rights Act: Lessons for Queensland? 

    Geddis, Andrew; Rodriguez Ferrere, Marcelo
    In 2016, the Legal Affairs and Community Safety Committee of Queensland Parliament issued a report on its ‘Inquiry into a possible Human Rights Act for Queensland.’ In the course of deliberations over this document, the ...
  • Judicial Review of Charitable Trusts 

    Rodriguez Ferrere, Marcelo
    This paper considers the successful application for judicial review in Great Christchurch Buildings Trust v Church Property Trustees and the worrying effects of this decision upon New Zealand law. The paper concludes that, ...
  • Judicial Review of Scientific Findings 

    Rodriguez Ferrere, Marcelo
    The High Court decision in New Zealand Climate Science Education Trust v National Institute of Water and Atmospheric Research is a rare example of judicial examination of scientific research undertaken by publicly-owned ...
  • Redefining Reasonableness 

    Rodriguez Ferrere, Marcelo
    (Un)reasonableness as a ground of judicial review has long been the fly in the administrative law ointment. This paper considers the problems unreasonableness poses to the coherence and simplicity of administrative law, ...
  • School Disciplinary Decisions, Judicial Review and Interim Relief 

    Rodriguez Ferrere, Marcelo
    This paper considers the proper place and function of administrative law in matters such as school disciplinary decisions. It examines the decision of St Bede’s College to suspend two of its students from competing in a ...
  • Standing Orders in the New Zealand House of Representatives 

    Rodriguez Ferrere, Marcelo
    As a matter of functional necessity, any legislative body must have a system of internal governance. In parliamentary democracies, that system nearly always takes the form of ‘standing orders’: a body of rules that govern ...
  • The Unnecessary Confusion in New Zealand's Appellate Jurisdictions 

    Rodriguez Ferrere, Marcelo
    The Supreme Court of New Zealand’s decision in Austin, Nichols & Co Inc v Stitching Lodestar is the centrepiece of New Zealand’s complicated and confusing approach to appellate jurisdiction. This paper examines that approach, ...
  • The Use and Abuse of Administrative Law 

    Rodriguez Ferrere, Marcelo
    This paper examines the New Zealand Court of Appeal’s decision in The Great Christchurch Buildings Trust v Church Property Trustees. It concludes that while this decision was a sensible confirmation that the proceedings ...