Law Collection
Recent Deposits
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The land and titles court of Samoa, 1903 - 2008 : 'continuity amid change'
This thesis is a study of the Land and Titles Court of Samoa from its inception to the present day. It has exclusive jurisdiction over Samoan customary land and matai title matters. The Land and Titles Court began as a ... -
The New Zealand Legal Services Mapping Project: Finding Free and Low-Cost Legal Services Pilot Report
Most lawyers charge on an hourly basis and the average charge-out rate in 2016 was $292.70 (excluding GST and disbursements). This puts private lawyers out of reach for many New Zealanders whose median weekly earnings in ... -
The rights of the young person in the New Zealand youth justice Family Group Conference
The youth justice family group conference (FGC) is a statutory decision making process whereby the young person, their family/whanau, state officials and the victim of the offence come together to decide on a response to ... -
Parental Alienation: The New Zealand Approach
Parental alienation involves a child being influenced by a parent to reject or resist contact with the other parent for no good reason. It can occur in intact families; however, this thesis focuses on its occurrence in ... -
The Wheels of Justice: Understanding the Pace of Civil High Court Cases
Delays in the court process are a key obstacle in accessing justice. Delay creates costs; not only in the loss of time but also financial and psychological costs. These costs are borne by the litigants, the economy, and ... -
Guilty or not Guilty - The Call for International Environmental Criminal Law
This thesis introduces the reader to the highly complex field of international environmental harms. This area of international law takes up a significant portion of the overall natural degradation of the planet, but still ... -
Law and Ethics of Morally Significant Machines: The case for pre-emptive prevention
Interest in the ethics of Artificial Intelligence systems is dominated by the question of how these sorts of technologies will benefit or harm human individuals and societies. Much less attention is given to the ethics of ... -
Adequate protection: an examination of transborder data protection standards in the European Union
This paper considers the requirements of “adequate protection” of transborder data flows in the European Union. -
Freshwater allocation in New Zealand and Florida: Learning to improve our first-in, first-served approach.
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 ... -
The Scope of the Validation Power in the Wills Act 2007
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
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
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
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
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
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
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
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
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
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 ...