Recent Deposits

  • Children's Interests in Division of Property on Relationship Breakdown 

    Peart, Nicola; Henaghan, M
    The breakdown of a marriage, civil union, or de facto relationship inevitably affects children of the relationship. The question this paper addresses is whether the interests of children should be taken into account in the ...
  • Family Finances on Death of a Spouse or Partner 

    Peart, Nicola; Briggs, Margaret; Henaghan, Mark
    On death there is an inevitable tension in succession law between property and family, between testamentary freedom and the deceased’s duty to provide for family members. This paper considers the relationship property ...
  • Intestate Succession in Australia and New Zealand 

    Peart, Nicola; Vines, Prue
    The rules of intestate succession in Australia and New Zealand have their origins in English law as a result of colonization. This article considers the historical development of intestate succession in Australia and New ...
  • Relationship Property Appeals in the New Zealand Court of Appeal 1958-2008: The Elusiveness of Equality 

    Peart, Nicola; Henaghan, M
    This paper addresses the lack of equality in relationship property appeals in the New Zealand Court of Appeal. The authors consider the historical development of legislative and common law relationship property appeals in ...
  • In Word, or Sigh, or Tear: Depression and End of Life Choices 

    Gavaghan, Colin
    This paper considers the potential threat legalizing voluntary euthanasia (VE) and assisted suicide (AS) may have upon the autonomy and safety of those diagnosed with, or suspected of being affected by, a depressive disorder. ...
  • Private International Law and Human Rights 

    Hook, Maria
    In this chapter, the author evaluates the extent to which New Zealand private international law may be inconsistent with New Zealand’s international human rights obligations. The chapter focuses on two main areas of potential ...
  • Indigenous Voices at Work 

    Roth, Paul
    ‘Indigenous Voices at Work’ surveys workplace issues that have faced Indigenous people in the common law countries of New Zealand, Australia, the United States, and Canada. Colonisation deprived many Indigenous people of ...
  • The Philosophical Underpinnings of Human Rights 

    Geddis, Andrew
    Once a conversation is started about “human rights”, two things quickly become apparent. First, there is a widespread agreement that human rights matter, and second, that there is extensive disagreement as to exactly what ...
  • The Protection and Conservation of Ecosystems and Species 

    Wheen, Nicola
    This chapter is included in New Zealand’s leading environmental law textbook. It describes and analyses New Zealand environmental law about the protection and conservation of species and ecosystems, and discusses some ...
  • Within the ZPD: Focussing on Harm and Interests 

    McDougall, Rosalind; Gillam, Lynn; Kerruish, Nikki; Snelling, Jeanne
    Harm is a crucial concept in the ZPD framework. The concept of probable harm to the child forms the outer limit of the zone of parental discretion, marking the point where parents' decisions should be overridden. This ...
  • Being Yourself: Authentic Decision-Making and Depression 

    Wall, Jesse
    This chapter discusses authentic decision-making as it relates to depression based on three parallel concepts found in philosophy, psychology, and the law. Since major depression is characterised (amongst other things) by ...
  • Ethical Issues in Insider-Outsider Research 

    Toy-Cronin, Bridgette
    A substantial literature has developed within the humanities and social sciences about ‘insider research.’ This article considers the advantages (including greater access, understanding and rapport) and disadvantages (lack ...
  • Equity and Māori 

    Ruru, Jacinta
    This chapter concerns the impact of trusts law and equitable principles and rules on a number of Māori related issues. In particular, the chapter focuses on the range of unique Māori land trusts that are growing in popularity ...
  • Neuroscience, Deviant Appetites, and the Criminal Law 

    Gavaghan, Colin
    Attempts to measure sexual appetites for legal purposes, while by no means novel, have been rendered particularly topical by some recent high profile controversies. At the same time, a number of papers have demonstrated ...
  • Community Treatment Order Legislation in the Commonwealth 

    Dawson, John
    This chapter provides a general account of the legislation that governs the use of community treatment orders (CTOs) in the UK, Canada, Australia, and New Zealand – countries that share the common law tradition due to their ...
  • PGD Past and Present: Is the HFE Act 1990 Now 'Fit for Purpose'? 

    Snelling, Jeanne; Gavaghan, Colin
    This chapter sketches the influence that PGD had on the form in which the HFE Act was originally enacted. It outlines the regulatory approach to PGD established two decades ago by the Human Fertilisation and Embryology ...
  • Equality: Old Debates, New Technologies 

    McMillan, John; Snelling, Jeanne
    This chapter discusses the role that equality plays within liberal theory. We show how the concept of treating citizens as equals is integral to the legitimisation of the state and its regulations, including those involving ...
  • The Complex Meaning of Mental Disorder 

    Dawson, John
    The Mental Health (Compulsory Assessment and Treatment) Act 1992 (MHA) (NZ) provides the legal criteria governing compulsory psychiatric treatment in New Zealand. This article considers the structure and meaning of the ...
  • Dignity Online and Offline 

    Liddicoat, Joy
    The concept of human rights and the Internet is new. Both the theoretical framework and the practical application of human rights to the Internet and our online lives are not yet clear. The concept that the Internet could ...
  • Capacities to Own and to Deal With Land 

    Scott, Struan
    This chapter analyses the ability of minors, persons having impaired decision-making capacity, corporations and non New Zealand citizens to own and to deal with land in New Zealand.

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