Journal Article
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Recent Deposits
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Prescriptive and Holistic Contextualism: Emerging Variants of Modern Contract Interpretation
Debate over the proper approach to modern contract interpretation continues even in this era of modern contract interpretation where context is always considered. This paper identifies and contrasts two rival approaches ... -
Can Your Trust Be Trusted?
This paper is the transcript of the author’s Inaugural Professorial Lecture, delivered at the University of Otago on 23 October 2008. The author discusses and dispels myths and misconceptions about trusts and identifies ... -
Protecting Children's Interests in Relationship Property Proceedings
The aim of this paper is to alert readers to the range of property interests that children may have in assets owned by the parties to a relationship and how they might be better protected. The author discusses the extent ... -
Social sustainability indicators as performance
We are living in an era of the audit. Sustainability indicators are used to ensure that industries are behaving responsibly. The audits are well elaborated in their environmental requirements, but they are often less ... -
The Universal Precautionary Principle: New Pillars and Pathways for Environmental, Sociocultural, and Economic Resilience
Global environmental degradation is linked to a worldwide erosion of ethnic identity and cultural diversity, as well as market disruption. Cultures rely heavily on the local environment around them, and local communities ... -
Energy-saving behaviour as a demand-side management strategy in the developing world: the case of Bangladesh
Although demand-side management (DSM) needs to be more customer centred, either with or without smart technologies (e.g. smart grid), less attention has been paid to the developing world in relation to DSM strategy ... -
Identifying residential daily electricity-use profiles through time-segmented regression analysis
In many countries the residential sector contributes significantly to peak demand. Some of the promising approaches to reduce these peaks, such as energy efficiency and demand-side management (DSM) programmes, currently ... -
Compulsory Caesarian Section
This article discusses the English Court of Appeal case R v Collins, which set aside a High Court order that authorized a compulsory caesarian section on a pregnant woman against her express wishes. The author analyses the ... -
Clayton v Clayton: A Step Too Far?
This article considers the New Zealand Court of Appeal decision in Clayton v Clayton, which concerned a relationship property dispute involving assets held in trusts. The authors provide a brief discussion of the relationship ... -
Withholding Treatment
This article considers the Supreme Court of the United Kingdom case Aintree University Hospitals NHS Foundation Trust v James, which was a judgment under the Mental Capacity Act 2005 in respect of a seriously ill man who ... -
Occupation Orders Under the PRA
Section 27 of the New Zealand Property (Relationships) Act 1976 gives the Court power to make an occupation order in respect of the family home in favour of one spouse or partner to the exclusion of the other. Such orders ... -
De Facto Relationships (or Maybe Not) in New Zealand
The New Zealand Property (Relationships) Amendment Act 2001 signified a radical shift in New Zealand relationship property law, by extending matrimonial property principles to de facto relationships. In this article, the ... -
Death and Relationship Property: Public Trust v Whyman
This article discusses the death provisions in the New Zealand Property (Relationships) Act 1976 (PRA) and their application in the New Zealand Court of Appeal decision in Public Trust v Whyman. The author argues that the ... -
Setting Nation v Nation
In this article, the author reviews the first New Zealand Court of Appeal decision on the Property (Relationships) Act 1976: Nation v Nation. The article concludes that this decision should be welcomed particularly by ... -
Trust Principles Overlooked
Trusts emerge regularly in relationship property disputes and they are generally well understood to take priority whenever there is a competition between the trust and a claim that the trust property otherwise falls within ... -
Contracting Out of the PRA
This chapter analyses the right of spouses and de facto partners to contract out of the property sharing regime established by the Property (Relationships) Act 1976 (PRA) and focuses in particular on the changes introduced ... -
Relationship Property on Death
This article considers the New Zealand High Court decision of Re Russell: Public Trust v Whyman, which was concerned with the death provisions of the Property (Relationships) Act 1976 (PRA). The author analyses the decision ... -
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 ... -
Relationship Property and Death
This article explains the concepts applying to property transfer on death under the New Zealand Property (Relationships) Act 1976. The authors discuss the relevant provisions of the Act, along with the tensions underlying ... -
Aid in Dying in New Zealand: Recent Legal Developments
This article considers Lecretia Seales and her New Zealand High Court case to receive aid in dying. The author discusses the main issue in this case, specifically whether directly administering a lethal dose of medication ...