Login to OUR Archive using your University of Otago credentials. We have changed how you log into OUR Archive so you will not need to create another account in order to deposit your research outputs. If you have bookmarked the old login page, please update your bookmarks. Note: This change will not affect Thesis Deposit, because an account is not required to submit your e-thesis.

Law Collection

Browse by

Recent Deposits

Freshwater allocation in New Zealand and Florida: Learning to improve our first-in, first-served approach.

Byron, Sherilyn Kaye (Thesis, Master of Planning, 2017)

Freshwater is the world's most valuable resource. How we manage access to and use of that resource is important. New Zealand's freshwater management system has evolved from common law beginnings into a multi layer regulatory ...
University of Otago Open Access Publishing Survey Results (including Maori ethnicity results)

White, Richard; Remy, Melanie (Project Report, 2017)
The Scope of the Validation Power in the Wills Act 2007

Peart, Nicola; Kelly, Greg (Journal Article, New Zealand Law Review, 2013)

When the new Wills Act was adopted in 2007 it made a number of changes to the law regulating wills. Probably the most radical change is the power in s 14 to validate wills that do not comply with the formal requirements ...
Have your cake and eat it too : the treatment of contemporaneous relationships under the Property (Relationships) Act 1976

Reid, Adrianne Nicola (Dissertation, Bachelor of Laws (Hons), 2007)

Although it is clear from the Act that a person can be in more than one qualifying relationship at a time, the courts have shown themselves to be reluctant to recognise contemporaneous relationships as falling within the ...
Fertility Factors: Infertility, Medicine and the Law in New Zealand, 1950-2004

Adams, Jane Michelle (Thesis, Doctor of Philosophy, 2017)

This thesis examines the history of infertility (involuntary childlessness) in New Zealand from 1950 to 2004. This period was dominated by scientific developments in assisted reproductive technologies (‘ART’), initially ...
Policy, Operations and Outcomes in the New Zealand Employment Jurisdiction 1990-2008

Robson, Susan (Thesis, Doctor of Philosophy, 2017)

This analysis of the policy for, and the operations of, the dispute resolution institutions established successively by the Employment Contracts Act 1991 and the Employment Relations Act 2000, examined the relationship ...
Reconceptualising Specialist Environment Courts and Tribunals

Warnock, Ceri (Journal Article, Legal Studies, 2017)

Specialist environment courts and tribunals (SECs) are, in the main, reflective of highly dynamic forms of adjudication, mixing judicial forms with powers more traditionally found in the executive. However, despite their ...
Neuroscience and the Law in New Zealand

Henaghan, Mark; Rouch, Kate (Chapter in Book, International Neurolaw: A Comparative Analysis, 2012)

The New Zealand Court of Appeal has rejected evidence of neuroimaging to help juries assess the capacity of the accused in an insanity plea. This chapter says the Court of Appeal was right to do so because neuroimaging ...
Grandparents who Care for Grandchildren

Henaghan, Mark (Chapter in Book, Elder Law in New Zealand, 2014)

Both in New Zealand and abroad, a social trend is emerging of grandparents taking on the responsibility of parenting their grandchildren. This chapter examines the different ways in which grandparents can come to be legally ...
Child Poverty in New Zealand: A Contravention of Articles 6 and 27 of the Convention of the Rights of the Child 1989

Henaghan, Mark; Ballantyne, Ruth (Journal Article, Stellenbosch Law Review Regstydskrif, 2015)

This article analyses New Zealand’s child poverty epidemic and examines how impoverished living conditions negatively impact on a child’s right to life, survival, and development in contravention of the United Nations ...
Bill Atkin: A Fierce Defender of Children's Rights and Proponent of Child-Focused Legislation

Henaghan, Mark; Ballantyne, Ruth (Journal Article, Victoria University of Wellington Law Review, 2015)

This article illustrates the different ways in which Professor Bill Atkin has shown where family law legislative reforms have fallen short in making the rights and well-being of children the paramount consideration in ...
Relocation Cases - the rhetoric and the reality of a child's best interests - a view from the bottom of the world

Henaghan, Mark (Journal Article, Child and Family Law Quarterly, 2011)

Relocation cases have become a very significant aspect of family law. This article examines the difficulties in deciding (and predicting the outcomes of) national and international relocation cases. This article questions ...
Health Professionals and Trust: The Cure for Healthcare Law and Policy

Henaghan, Mark (Book, 2012)

An ever increasing number of codes of conduct, disciplinary bodies, ethics committees and bureaucratic policies now prescribe how health professionals and health researchers relate to their patients. In this book, Mark ...
The state in action: an insider’s view of how the state regulates the use of PGD with HLA tissue-typing in New Zealand

Henaghan, Mark; Cleary, Thomas (Chapter in Book, Regulating Pre-Implantation Genetic Diagnosis A Comparative and Theoretical Analysis, 2013)

In New Zealand the choice by intending parents to use reproductive technology is limited by legislation. This default restriction on the prospective parents’ procreative autonomy applies unless the use of the assisted ...
International child abduction, intercountry adoption and international commercial surrogacy

Henaghan, Mark; Ballantyne, Ruth (Chapter in Book, Routledge Handbook of Family Law and Policy, 2014)

The significance and complexities of both international child abduction and intercountry adoption led to the creation of two Hague Conventions. This chapter analyses the policy challenges facing the international aspects ...
Fifty years of New Zealand Family Law

Atkin, Bill; Caldwell, John; Henaghan, Mark; Tapp, Pauline (Journal Article, New Zealand Universities Law Review, 2013)

This collaborative article examines the significant changes to New Zealand family law during the last 50 years. The article canvasses three areas that have seen substantial changes during this time - what constitutes a ...
Deciding for Others: Incompetence, Best Interests and End-of-Life Cases

McAuley, Kathryn (Thesis, Doctor of Philosophy, 2016)

The ideal way through life for each of us is a journey, where we can control our own lives and make our own decisions. For some this is not possible, and for these people decisions need to be made on their behalf. ...
Reconceptualising the Role of the New Zealand Environment Court

Warnock, Ceri (Journal Article, Journal of Environmental Law, 2014)

What does the specialised nature of an environment court entitle it to do? The recent decision of the New Zealand Supreme Court in Environmental Defence Society Incorporated v Marlborough District Council (‘the King Salmon ...
Motherhood and Family Law

Mackenzie, Fiona Amy (Thesis, Doctor of Philosophy, 2016)

Throughout the broad sweep of history and related disciplines, including the law, can be found instruction with respect to the issue of motherhood. In one sense, it transcends culture; in another, it is a cultural construct. ...
The declaration of inconsistency with the New Zealand Bill of Rights Act 1990

Curran , Chris (Dissertation, Bachelor of Laws (Hons), 2001)

Section 2(4) of the Criminal Justice Amendment Act (No 2) 1999 is incompatible with the cardinal tenets of a liberal democracy. This Court would be compromising its judicial function if it did not alert Parliament in the ...