Casey, Rt Hon. Sir Maurice (Eugene), (28 Aug. 1923–19 Jan. 2012), Judge of Court of Appeal of New Zealand, 1986–95; Judge of the Court of Appeal: Samoa and Cook Islands, 1995–2003; Fiji, 1995–2001; Niue, 1996–2001; Solomon Islands, 1996–98

2007 ◽  
Keyword(s):  
New Zealand ◽  
Solomon Islands ◽  
Cook Islands ◽  
Court Of Appeal

scholarly journals The Illusory Trust Doctrine: Formal or Substantive?

2020 ◽  
Vol 51 (2) ◽  
pp. 193
Author(s):  
Mark Bennett
Keyword(s):  
New Zealand ◽  
Privy Council ◽  
Cook Islands ◽  
Trust Law ◽  
Court Of Appeal

"A document is put before us. Does it or does it not create a trust?" This article considers the illusory trust doctrine (ITD) and claims that although the ITD has been criticised as doctrinally unfounded and therefore based in substantive, non-legal reasons rather than pre-existing law, there are formal reasons of trusts law to support it. It begins by considering Atiyah and Summers' concepts of form and substance, and then examines how they apply in the context of equity (in general), and then trusts law (in particular). It then briefly considers a number of recent decisions on the ITD: the four cases constituting the Clayton v Clayton litigation in New Zealand, Pugachev and the Cook Islands Court of Appeal and Privy Council decisions in Webb v Webb. Finally, it analyses these ITD decisions using the form and substance distinction, concluding that it is arguable that the ITD is grounded in principles of established trust law, as opposed to purely substantive reasoning.

New Zealand Court of Appeal: Judgment in Controller and Auditor–General V. Sir Ronald Dawson

1997 ◽  
Vol 36 (3) ◽  
pp. 721-743
Author(s):  
Michael Bvers
Keyword(s):  
New Zealand ◽  
Judicial Review ◽  
House Of Representatives ◽  
Income Tax ◽  
Cook Islands ◽  
Tax Haven ◽  
Inland Revenue ◽  
Auditor General ◽  
Court Of Appeal

On February 16, 1996 the New Zealand Court of Appeal rendered judgment on three applications for judicial review arising out of what had come to be known in New Zealand as the “Winebox Inquiry”. The Inquiry began as the result of certain documents being tabled (in a winebox) before the New Zealand House of Representatives. It was alleged that the documents implicated several New Zealand companies in the evasion of New Zealand income tax by the use of the Cook Islands as a tax haven, and that the New Zealand Inland Revenue Department and Serious Fraud Office had been incompetent at the least in failing to detect and prevent the abuse.

Cochliobolus eragrostidis. [Descriptions of Fungi and Bacteria].

1990 ◽  
Author(s):  
A. Sivanesan
Keyword(s):  
Puerto Rico ◽  
Hong Kong ◽  
New Zealand ◽  
Sri Lanka ◽  
Sierra Leone ◽  
Papua New Guinea ◽  
Geographical Distribution ◽  
Solomon Islands ◽  
New Guinea ◽  
Leaf Spots

Abstract A description is provided for Cochliobolus eragrostidis. Information is included on the disease caused by the organism, its transmission, geographical distribution, and hosts. HOSTS: Acacia, Agave, Allium, Alysicarpus, Amorphophallus, Anacardium, Arachis, Areca, Billbergia, Calamus, Callitris, Calotropis, Camellia, Cananga, Capsicum, Citrullus, Citrus, Clerodendron, Cocos, Coffea, Colocasia, Cymbopogon, Dendrobium, Digitaria, Dioscorea, Dracaena, Durio, Elaeis, Eragrostis, Eucalyptus, Euphorbia, Furcraea, Gladiolus, Glycine, Gossypium, Heliconia, Hevea, Hystrix, Ipomoea, Kaempferia, Lycopersicon, Mangifera, Manihot, Mystroxylon, Musa, Neyraudia, Oldenlandia, Opuntia, Oryza, Panicum, Pennisetum, Pentas, Phalaenopsis, Phaseolus, Pinus, Polygala, Pueraria, Raphia, Raphanus, Rhodomyrtus, Rhoeo, Rottboellia, Saccharum, Sesamum, Sorghum, Spinacia, Sporobolus, Stylosanthes, Theobroma, Thrasya, Tradescantia, Trichosanthes, Triplochiton, Triticum, Vanda, Vigna, Zea, Zingiber and soil. DISEASE: Leaf spots. GEOGRAPHICAL DISTRIBUTION: Australia, Bangladesh, Belize, Brazil, Brunei, Burma, Colombia, Cuba, Fiji, Ghana, Guinea, Honduras, Hong Kong, India, Indonesia, Japan, Kenya, Kuwait, Malaysia, New Zealand, Nigeria, Papua New Guinea, Puerto Rico, Sierra Leone, Singapore, Solomon Islands, Sri Lanka, Trinidad, USA, Zambia, Zaire. TRANSMISSION: By wind-borne conidia.

The Decolonisation of the Pacific Islands

Itinerario ◽  
2000 ◽  
Vol 24 (3-4) ◽  
pp. 173-191 ◽  
Author(s):  
Robert Aldrich
Keyword(s):  
New Zealand ◽  
Pacific Islands ◽  
New Caledonia ◽  
Solomon Islands ◽  
New Guinea ◽  
The United States ◽  
French Polynesia ◽  
American Samoa ◽  
Caroline Islands ◽  
Foreign Control

At the end of the Second World War, the islands of Polynesia, Melanesia and Micronesia were all under foreign control. The Netherlands retained West New Guinea even while control of the rest of the Dutch East Indies slipped away, while on the other side of the South Pacific, Chile held Easter Island. Pitcairn, the Gilbert and Ellice Islands, Fiji and the Solomon Islands comprised Britain's Oceanic empire, in addition to informal overlordship of Tonga. France claimed New Caledonia, the French Establishments in Oceania (soon renamed French Polynesia) and Wallis and Futuna. The New Hebrides remained an Anglo-French condominium; Britain, Australia and New Zealand jointly administered Nauru. The United States' territories included older possessions – the Hawaiian islands, American Samoa and Guam – and the former Japanese colonies of the Northern Marianas, Mar-shall Islands and Caroline Islands administered as a United Nations trust territory. Australia controlled Papua and New Guinea (PNG), as well as islands in the Torres Strait and Norfolk Island; New Zealand had Western Samoa, the Cook Islands, Niue and Tokelau. No island group in Oceania, other than New Zealand, was independent.

A Study of the Oroha Language, Mala, Solomon Islands

1927 ◽  
Vol 4 (3) ◽  
pp. 587-610 ◽  
Author(s):  
W. G. Ivens
Keyword(s):  
New Zealand ◽  
Solomon Islands

The material for the study presented here is derived from two sources: (1) grammatical and linguistic notes, sentences, and texts prepared by Bishop Patteson at the Melanesian Mission Headquarters at Kohimarama, Auckland, New Zealand, in the years 1863–4, and subsequently included by H. C. von der Gabelentz in the second part of his Melanesischen Sprachen, 1873; (2) grammatical and linguistie notes collected by myself, along with a certain number of words, in the year 1925 at Sa'a, Mala. This is the only study of the language made since 1873.

scholarly journals The Formation of Variation Contracts in New Zealand: Consideration and Estoppel

2016 ◽  
Vol 47 (2) ◽  
pp. 327
Author(s):  
Marcus Roberts
Keyword(s):  
New Zealand ◽  
Current Position ◽  
Court Of Appeal

This article will review the current New Zealand approach to the formation of variation contracts. In particular, it will critique the current position taken by the Court of Appeal that either: a practi-cal benefit can be good consideration;, or consideration is not needed for variation agreements. The article will then explore some of the implications of using estoppel as an alternative basis to enforce variation agreements when consideration has not been provided by the promisee.

scholarly journals Harvey v Beveridge: Common Intention Constructive Trusts in New Zealand?

2015 ◽  
Vol 46 (3) ◽  
pp. 959
Author(s):  
Mark Bennett
Keyword(s):  
New Zealand ◽  
High Court ◽  
Adequate Understanding ◽  
Court Of Appeal

This article discusses the reasoning of the High Court and Court of Appeal in Harvey v Beveridge in respect of the existence of "common intention constructive trusts" in New Zealand law. It analyses the development of constructive trusts doctrine in New Zealand, and argues that a different approach was taken to the application of this doctrine in relationship property disputes compared with the equivalent English doctrine. This difference was not recognised in Harvey v Beveridge, and it is argued that an adequate understanding of this difference requires us to grapple with the underlying foundations of the New Zealand law, which were left open during the Court of Appeal's development of the doctrine.

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