Law Collection
Recent Deposits
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The process and outcomes of the 2010 constitutional reform in Tonga: A study of the devolution of executive authority from monarchy to representative government in a Polynesian society
Ko e foaki ʻo e Konisitutone ʻo Tongá ʻi he 1875, ne hoko ia ko e maka maile ki he hisitōlia ʻo e tukuʻau mai e laó mo e fakalakalaka ʻa Tongá ʻi he ngāue ʻaufuatō ʻa e Tuʻí ko Tupou I. Naʻe hanga ʻe he Konisitutoné ʻo ... -
New Zealand lawyers, Pro Bono, and Access to Justice
This report summarises the results of a study about the provision of pro bono legal services in New Zealand. The study was conducted in two phases from September 2018 to February 2019 as part of a wider project about free ... -
Fallen by the wayside: Young people with fetal alcohol spectrum disorder (FASD) in New Zealand's youth justice system
Young people with FASD are overrepresented in justice systems worldwide. There is an estimated 30,000 children and young people with FASD in New Zealand, many of whom will not have a formal diagnosis. The unique cognitive ... -
Therapeutic Jurisprudence in Aotearoa New Zealand's Family Justice System
Aotearoa New Zealand’s Family Justice System (“FJS”) has a dual therapeutic and judicial mandate. The balancing of the two roles has created difficulty since the Family Court’s inception in 1981. The FJS has been reviewed ... -
Killing Mary to save Jodie : the sacrificial separation of conjoined twins : does the end justify the means?
Law and morality have long ensured that the killing of innocent people is prohibited. However, in 2000, the English Court of Appeal in Re A (children) (conjoined twins: surgical separation) [2001] Fam 147 sanctioned an ... -
Medical decision making on behalf of the incapacitated elderly
This thesis describes the law governing medical decision making on behalf of the incapacitated elderly in New Zealand, especially in relation to standard medical treatment and participation in medical experiments. It ... -
Accessing Legal Services: The Price of Litigation Services
The price of legal services is often charged by the hour (the billable hour), usually at a rate of hundreds of dollars per hour. An agreement to pay these hourly rates might also come with little clarity over how many hours ... -
The liability of local authorities for escapes
To some extent the style adopted in a legal exposition is determined by the object of the work and the nature of the subject matter. I have here attempted a critical restatement of the law relating to the liability of local ... -
Children's Competence to Consent to Medical, Surgical and Dental Treatment: Partner's in Healthcare?
Commonly it is believed that children need to be 16 years old before they have the right to give, or refuse, consent to medical, surgical or dental treatment. This is an understandable misconception in New Zealand, as the ... -
Government Use of Artificial Intelligence in New Zealand
Final Report on Phase 1 of the New Zealand Law Foundation’s Artificial Intelligence and Law in New Zealand Project -
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 ... -
The Legal Status of Life Before Birth
This paper discusses the changing legal status of various life forms before birth. The author begins by distinguishing between a living organism within a woman’s body (from conception to birth stored embryos and gametes) ... -
Trust Issues for Separating Elderly Spouses of Partners
This paper addresses how the Property (Relationships) Act 1976 (PRA) may affect elderly people, particularly where the parties have assets from a prior relationship. The author considers what happens to their property if ... -
Privacy and Access to Information
This paper provides an overview of New Zealand law concerning privacy and access to information research. The authors discuss the issues researchers most commonly confront, particularly matters of privacy when personal ... -
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 ... -
Parental control and the child's right not to be hit
This thesis is an examination of the Crimes (Substituted Section 59) Amendment Act 2007 with respect to children's rights, specifically the right not to be hit. New Zealand's journey towards the abolishment of physical ... -
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 ...