Now showing items 1-20 of 76

  • The Advisory Committee on Reproductive Technologies: The Role of Public Consultation in Decision-Making 

    Henaghan, Mark; King, Mike
    The Advisory Committee on Assisted Reproductive Technology (ACART) has a crucial role in regulating assisted reproductive technology in New Zealand. The HART Act 2004, which establishes and provides ACART with direction ...
  • Air Pollution in New Zealand 

    Warnock, Ceri Ailsa
    This chapter is included in the book Environmental Law in New Zealand, edited by Peter Salmon and David Grinlinton. The author considers the regulation of localised air pollution in New Zealand by the Resource Management ...
  • Array Comparative Genomic Hybridisation (aCGH): An Analysis of the Current Technology and Its Future in Prenatal Diagnosis 

    Henaghan, Mark; Cho, Mildred K.
    Array comparative genomic hybridisation (aCGH) represents a major advance in the field of cytogenetics and offers tremendous promise in prenatal diagnosis for the detection of genetic alterations leading to serious genetic ...
  • Being Yourself: Authentic Decision-Making and Depression 

    Wall, Jesse
    This chapter discusses authentic decision-making as it relates to depression based on three parallel concepts found in philosophy, psychology, and the law. Since major depression is characterised (amongst other things) by ...
  • Benefits and Harms in Genetic Testing of Minors 

    Henaghan, Mark; Lawson, Deborah
    Genetic testing raises new issues from those involved in other medical contexts, particularly for children. Most of the concerns relevant to minors are prompted by the familial and predictive aspects of genetic information. It ...
  • Capacities to Own and to Deal With Land 

    Scott, Struan
    This chapter analyses the ability of minors, persons having impaired decision-making capacity, corporations and non New Zealand citizens to own and to deal with land in New Zealand.
  • Children as Research Participants 

    Peart, Nicola; Foley, Mary; Henaghan, Mark
    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 ...
  • Children's Interests in Division of Property on Relationship Breakdown 

    Peart, Nicola; Henaghan, M
    The breakdown of a marriage, civil union, or de facto relationship inevitably affects children of the relationship. The question this paper addresses is whether the interests of children should be taken into account in the ...
  • Community Treatment Order Legislation in the Commonwealth 

    Dawson, John
    This chapter provides a general account of the legislation that governs the use of community treatment orders (CTOs) in the UK, Canada, Australia, and New Zealand – countries that share the common law tradition due to their ...
  • Community Treatment Orders 

    Dawson, John
    Community Treatment Orders (CTOs), made in Canada under the authority of provincial mental health legislation, are the major legal product of the transition in psychiatric services from hospital- to community-based care. ...
  • The Complex Meaning of Mental Disorder 

    Dawson, John
    The Mental Health (Compulsory Assessment and Treatment) Act 1992 (MHA) (NZ) provides the legal criteria governing compulsory psychiatric treatment in New Zealand. This article considers the structure and meaning of the ...
  • Compliance and Enforcement 

    Warnock, Ceri Ailsa
    This chapter is included in the book Environmental Law in New Zealand, edited by Peter Salmon and David Grinlinton. The first part of the chapter provides an introduction to the main concepts relevant to compliance and ...
  • Compulsory Outpatient Treatment and the Calculus of Human Rights 

    Dawson, John
    This article considers whether it is a breach of human rights principles to treat patients involuntarily under a community treatment order (CTO) regime who do not pose an imminent threat of serious harm to themselves or ...
  • Conclusions and Recommendations 

    Henaghan, Mark
    Genetic testing raises new issues from those involved in other medical contexts, particularly for children. Most of the concerns relevant to minors are prompted by the familial and predictive aspects of genetic information. It ...
  • Contract Law, Contracting and Instrumentalism 

    Connell, Simon
    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 ...
  • Dignity Online and Offline 

    Liddicoat, Joy
    The concept of human rights and the Internet is new. Both the theoretical framework and the practical application of human rights to the Internet and our online lives are not yet clear. The concept that the Internet could ...
  • Disclosure, Confidentiality and Privacy Issues 

    Henaghan, Mark; Deborah, Lawson
    Genetic testing raises new issues from those involved in other medical contexts, particularly for children. Most of the concerns relevant to minors are prompted by the familial and predictive aspects of genetic information. It ...
  • Equality: Old Debates, New Technologies 

    McMillan, John; Snelling, Jeanne
    This chapter discusses the role that equality plays within liberal theory. We show how the concept of treating citizens as equals is integral to the legitimisation of the state and its regulations, including those involving ...
  • Equity and Māori 

    Ruru, Jacinta
    This chapter concerns the impact of trusts law and equitable principles and rules on a number of Māori related issues. In particular, the chapter focuses on the range of unique Māori land trusts that are growing in popularity ...
  • Establishing a Maori Ethical Framework for Genetic Research with Maori 

    Henaghan, Mark; Tipene-Matua, Bevan
    In New Zealand, any research on Mäori health burdens should take steps to minimise harm to Mäori arising out of the research. Researchers are required to minimise harms, which generally fall into four categories: physical; ...