Recent Deposits

  • 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    This chapter sketches the influence that PGD had on the form in which the HFE Act was originally enacted.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.
  • The Land Transfer System 

    Scott, Struan
    This chapter provides an overview of the Land Transfer system in operation in New Zealand.
  • Rights, Remedies, Wrongs and the Bribe-Taking Fiduciary 

    Scott, Struan
    The material in the chapter critiques two significant legal classificatory schemes: the Birksian classification of legal rights according to their causative event - wrongs and not-wrongs, and Zakrzewski’s complimentary ...
  • Mistaken Improvers and a Recognisable Law of Unjust Enrichment 

    Scott, Struan
    This chapter considers the application of the Birksian theoretical structure for restitution/unjust enrichment to cases involving mistaken improvers of land. This is a small but problematic area of the law. It raises the ...
  • Compulsory Outpatient Treatment and the Calculus of Human Rights 

    Dawson, John
    This article considers whether it is a breach of human rights principles to treat patients involuntarily under a community treatment order (CTO) regime who do not pose an imminent threat of serious harm to themselves or ...
  • Community Treatment Orders 

    Dawson, John
    Community Treatment Orders (CTOs), made in Canada under the authority of provincial mental health legislation, are the major legal product of the transition in psychiatric services from hospital- to community-based care. ...
  • Introduction ('Environmental Legislation in New Zealand') 

    Warnock, Ceri Ailsa
    This chapter provides an introduction to the environmental legislation contained in Brookers Environmental Legislation Handbook 2014. It explains the parameters used to define "environmental legislation", thereby guiding ...
  • Air Pollution in New Zealand 

    Warnock, Ceri Ailsa
    This chapter is included in the book Environmental Law in New Zealand, edited by Peter Salmon and David Grinlinton. The author considers the regulation of localised air pollution in New Zealand by the Resource Management ...
  • New Zealand: The State of Liberal Democracy 

    Rodriguez Ferrere, M; Geddis, A
    This article is a brief report on constitutional developments and cases in New Zealand in 2017. The authors discuss several topics including the operation of New Zealand’s Mixed-Member Proportional voting system, New ...
  • Which Relationships Should be Included in a Property Sharing Scheme? 

    Briggs, Margaret
    This chapter considers different methods used to identify the relationships that qualify for relationship property sharing in Western jurisdictions. In particular, the chapter considers both the ‘formal’ approach premised ...
  • The Future of Registered Partnerships: New Zealand 

    Briggs, Margaret
    New Zealand law recognises three forms of adult relationships: marriage, registered partnership (referred to in New Zealand as ‘civil union’), and unregistered cohabitation (referred to in New Zealand as ‘de facto ...
  • Marital Agreements and Private Autonomy in New Zealand 

    Briggs, Margaret
    In New Zealand, the property consequences of relationship breakdown are regulated by the Property (Relationships) Act 1976, a code that imposes a default property-sharing regime on married spouses, civil union partners and ...
  • The Judiciary 

    Geddis, Andrew
    The judiciary (the courts) have been referred to as the ‘third arm of government’ (Brennan 1996). This chapter considers the role of the judiciary in the overall institutional structure that exercises political power of ...
  • Inter-Institutional 'Rights Dialogue' Under the New Zealand Bill of Rights Act 

    Geddis, Andrew
    This article considers the New Zealand Bill of Rights Act 1990 (NZBORA), which is commonly viewed as the progenitor of the ‘parliamentary bills of rights’ adopted in the United Kingdom and various Australian States. In ...

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