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Now showing items 21-30 of 1327
Review of the Unit Titles Act 2010: A Missed Opportunity
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 ...
Judicial Innovation Under the New Zealand Bill of Rights Act: Lessons for Queensland?
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 ...
New Variations on the Rule Against Penalties
As a consequence of the rule against penalties, contractual clauses with a penal character are unenforceable. The rule has recently undergone significant revision in both the United Kingdom and Australia, following decisions ...
World Hertiage Sites and Sustainable Development: Case of the Western Ghats
Is the environmental management regime premised upon the concept of sustainable development appropriate for a world heritage site? This is a pressing question in India given the inscription of the Western Ghats in the World ...
Marine Protected Areas in the Exclusive Economic Zone: UNCLOS or the TPPA's Looming Presence?
This article considers the Minister for the Environment of New Zealand’s proposal for new marine protected areas legislation. If enacted, this proposed legislation would repeal the existing Marine Reserves Act 1971 and ...
No-Fault Compensation and Unlocking Tort Law’s: ‘Reciprocal Normative Embrace’
The purpose of this article is to explain how the principle of corrective justice has been displaced by the provision of no-fault compensation for personal injuries. In explaining the transition from tort liability for ...
Providing for Rāhui in the Law of Aotearoa New Zealand
This article examines the place and nature of rāhui (Māori ‘temporary protection’ for natural resources) in the law of Aotearoa New Zealand. The word “rāhui” is used in legislation in New Zealand to describe certain ...
Judicial Enforcement of New Zealand's Reserved Provisions
This article provides commentary on the issue of prisoner voting, specifically the issue of prohibiting sentenced prisoners from voting. The author considers how the New Zealand Parliament’s decision to remove the right ...
Dedicated Indigenous Representation in New Zealand's Parliament
Proposals to include recognition of Australia’s Indigenous peoples in its Constitution, combined with their ongoing severe underrepresentation in Australia’s federal Parliament, have renewed calls for instituting some sort ...
Testamentary Claims by Adult Children – The Agony of the ‘Wise and Just Testator’
The New Zealand Family Protection Act 1955 asks the courts to decide whether a will-maker has made “adequate provision…for the proper maintenance and support” of their adult child. The courts, applying these words, determine ...