Law Collection
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 ... -
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 ... -
Children as Research Participants
Children have unique physical, psychological, mental and emotional characteristics which make them especially vulnerable. This paper considers the capacity for children to consent to participate in research, and 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 ...