Now showing items 1-10 of 23
Justice for Victims of Injury: The Influence of New Zealand’s Accident Compensation Scheme on the Civil and Criminal Law
New Zealand’s accident compensation scheme replaced compensatory damages for personal injury with a no-fault redistributive scheme. The central thesis of this article is that the scheme, and its influence on the civil and ...
Unwritten Constitutions of Incorporated Societies: A Critical Examination of the Treatment of Tikanga in Tamaki v Māori Women's Welfare League Inc
This article critically considers a High Court decision that found that an incorporated society’s tikanga should be on equal footing with the society’s written constitution, from the point of view of consistency with the ...
Sex As An 'Accident'
This case note critically examines the reasoning of a majority of the Supreme Court who found that consensual sex would not qualify as an “accident” for accident compensation purposes.
Overturning the Social Contract?
This short article examines the significance of Parliament’s overturn of a Supreme Court decision on the relationship between reparation and ACC entitlements.
Chronic Pain, Physical Injury and Mental Injury
This article contributes to the debate over chronic pain cover under New Zealand’s accident compensation scheme by examining the statutory definitions of “mental injury” and “physical injury”.
Admissibility or Weight?
This short article is a response to another author’s piece in the same journal, and addresses the possible configurations of the law on the admissibility of extrinsic evidence for the purpose of interpreting registered ...
Interpretation and Implication
This research article considers the difference between interpretation and implication, and the status of the Privy Council decision Attorney-General of Belize v Belize Telecom in New Zealand, in the context of an upcoming ...
A Shift from Belize to Singapore? Interpretation and Implication in Satterthwaite v Gough
This case note highlights a Court of Appeal decision that may suggest a move towards rejecting the English approach to implication previously accepted in New Zealand in favour of the rival Singaporean approach.
Westpac v Chahil: Sometimes Words Just Mean What They Say
This case note uses the decision of Westpac v Chahil to demonstate that the plain meaning of words can still prevail under the modern approach to contract interpretation.
Accident Compensation Entitlements Under The Property (Relationships) Act 1976
This article, co-authored 50/50 with Professor Nicola Peart, an expert in relationship property law, discusses how New Zealand’s law on the division of relationship property upon separation applies to entitlements received ...