Law Collection
Recent Deposits
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The State of Freedom of Expression in New Zealand: An Admittedly Eclectic Overview
This article is a survey of freedom of expression issues in New Zealand. The author begins by briefly recapping the developments in the common law of defamation and privacy following the New Zealand Bill of Rights Act 1990 ... -
Admissibility or Weight?
This short article is a response to another author’s piece in the same journal, and addresses the possible configurations of the law on the admissibility of extrinsic evidence for the purpose of interpreting registered ... -
ACC Infects the Criminal Law?
This case note critically examines an ACC appeal that decides a point of criminal law. -
Overturning the Social Contract?
This short article examines the significance of Parliament’s overturn of a Supreme Court decision on the relationship between reparation and ACC entitlements. -
School Disciplinary Decisions, Judicial Review and Interim Relief
This paper considers the proper place and function of administrative law in matters such as school disciplinary decisions. It examines the decision of St Bede’s College to suspend two of its students from competing in a ... -
Good, Bad and Wrongful Juvenile Sex: Rethinking the Use of Statutory Rape Laws Against the Protected Class
This Article considers the question of whether statutory rape laws can and should be used against members of the class they were designed to protect. Many commentators have argued that meaningfully consensual sex among ... -
Pondering the politicization of intercountry adoption: Russia's ban on American "forever families"
This Article explores and assesses the Russian discontinuance of inter-country adoptions to the United States. Part I describes the history of Russia-U.S. adoptions, up to and including the 2012 Adoption Ban. Part II sets ... -
China's Orphan Welfare System: Laws, Policies and Filled Gaps
This article presents a socio-legal analysis of the care of orphaned and other vulnerable children in China, reviewing law, policy and practice relating to state and non-state orphanages and foster homes. The analysis is ... -
Marine Protected Areas in the Exclusive Economic Zone: UNCLOS or the TPPA's Looming Presence?
This article considers the Minister for the Environment of New Zealand’s proposal for new marine protected areas legislation. If enacted, this proposed legislation would repeal the existing Marine Reserves Act 1971 and ... -
Reconceptualising Specialist Environment Courts
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 ... -
Environmental Adjudication in the 21st Century Symposium: Summary of Proceedings
This article is a summary of the proceedings of the international symposium ‘Environmental Adjudication in the 21st Century,’ held in Auckland, New Zealand in April 2017. The symposium was organised by a research group ... -
Judicial Innovation Under the New Zealand Bill of Rights Act: Lessons for Queensland?
In 2016, the Legal Affairs and Community Safety Committee of Queensland Parliament issued a report on its ‘Inquiry into a possible Human Rights Act for Queensland.’ In the course of deliberations over this document, the ... -
Contract Law, Contracting and Instrumentalism
This essay in an edited book, which the author was invited to contribute, discusses the relationship between contract law and the practice of contracting with reference to John Gava’s critique of John Smillie’s account of ... -
Differing Conceptions of Environmental Democracy in New Zealand Resource Management Law
Present proposals for law reform in NZ would shift the balance towards greater ministerial decision-making in environmental management and are serving to highlight a tension in the law between competing manifestations of ... -
Greenhouse Gases and Climate Change: Relevance to Discharge Permit Applications
The decision of Greenpeace New Zealand v Northland Regional Council considered to what extent, if at all, consent authorities are permitted to take into account climate change factors when considering applications for ... -
Prisoner Voting and Rights Deliberation: How New Zealand's Parliament Failed
The question whether individuals sentenced to terms of imprisonment should be able to vote has arisen periodically in New Zealand, as well as other liberal democracies. In 2010, Parliament voted to take the right to vote ... -
A Substantive Environmental Right
This article is a book review of Stephen J Turner’s book A Substantive Environmental Right: An Examination of the Legal Obligations of Decision-Makers Towards the Environment. The author examines Turner’s draft accord to ... -
Fiduciary Duty and the Atmospheric Trust
This article is a book review for the book Fiduciary Duty and the Atmospheric Trust, edited by Ken Coghill, Charles Sampford and Tim Smith. The author concludes that this book is an excellent exploration of whether governments ... -
Human Rights and the Environment
This chapter is published in the book International Human Rights Law in Aotearoa New Zealand, edited by Margaret Beddgood, Kris Gledhill and Ian McIntosh. This chapter considers whether New Zealand law should contain ... -
An Overview of Integrating Instruments to Achieve Sustainable Construction and Buildings
Purpose – The purpose of this paper is to seek to contribute to the objective of the sustainable development process. A factor that may be hindering progress towards sustainable building in many developed states is the ...