scholarly journals Confidentiality in Mediation: A Review of New Zealand Case Law

2013 ◽  
Author(s):  
Michael F. Keith
Keyword(s):  
New Zealand ◽  
Public Interest ◽  
Case Law ◽  
Employment Relationship ◽  
Mediation Process ◽  
Employment Relations ◽  
Relationship Problems ◽  
Core Value ◽  
The Law ◽  
Court Of Appeal

The Employment Relations Act 2000 has as a core value the settling of employment relationship problems at the lowest level practicable. Mediation plays a prominent part in this process. A key issue in the mediation process is the application of confidentiality. Through review of significant cases determined by the Employment Relations Authority, Employment Court and the Court of Appeal, this paper examines the development and application of confidentiality within the mediation process in New Zealand. The Paper finds that while the law is well developed ethical and public interest issues remain. Further judicial and parliamentary consideration is called for.

Company Directors: Duties, Liabilities, and Remedies

2017 ◽  
Keyword(s):  
Case Law ◽  
Third Party ◽  
Court Decisions ◽  
Cayman Islands ◽  
Market Abuse ◽  
Company Directors ◽  
The Law ◽  
The Uk ◽  
Law And Legislation ◽  
Court Of Appeal

This is a new edition of the established authority on the law relating to directors of companies incorporated under the UK Companies Acts. The new edition features all important developments in the law including the Small Business, Enterprise and Employment Act 2015 which improves transparency (including requiring directors to be natural persons unless exceptions apply), simplifies company filing requirements, clarifies the application of general duties to shadow directors, modernises directors’ disqualification and reforms insolvency law to facilitate proceedings where there has been wrongdoing. There has been a wealth of new case law relevant to directors’ duties before the English courts, all of which are analysed and explained, including the Supreme Court decisions in Prest v Petrodel Resources, Jetivia v Bilta (UK), FHR European Ventures v Cedar Capital Partners and Eclairs Group v JKX Oil & Gas, the Court of Appeal decisions in Smithton Ltd v Naggar and Newcastle International Airport v Eversheds as well as the important High Court decisions in Universal Project Management Services v Fort Gilkicker, Madoff Securities International v Raven and the wrongful trading case, Re Ralls Builders. Non-UK cases are also analysed including Weavering Macro Fixed Income Fund Ltd v Peterson in the Cayman Islands’ Court of Appeal and the 2016 decision of the Hong Kong Court of Final Appeal Chen v Jason. In keeping with developments in case law and legislation the book now includes expanded coverage of multiple derivatives claims, directors’ exposure to third party claims and a new chapter on civil remedies for market abuse. The third edition is a complete reference work on the law relating to company directors and is the first port of call for all serious corporate lawyers and scholars on this subject.

Part 2 National and Regional Reports, Part 2.3 Australasia: Coordinated by Brooke Marshall, 42 New Zealand: New Zealand Perspectives on the Hague Principles

2021 ◽  
Author(s):  
Hook Maria
Keyword(s):  
New Zealand ◽  
International Law ◽  
General Position ◽  
Common Law ◽  
Case Law ◽  
Private International Law ◽  
Choice Of Law ◽  
Legislative Reform ◽  
The Hague ◽  
The Law

This chapter examines the choice of law rules that determine the law applicable to international contracts in New Zealand, comparing them to the Hague Principles. Private international law in New Zealand is still largely a common law subject, and the choice of law rules on international commercial contracts are no exception. The general position, which has been inherited from English common law, is that parties may choose the law applicable to their contract, and that the law with the closest and most real connection applies in the absence of choice. There are currently no plans in New Zealand for legislative reform, so the task of interpreting and developing the choice of law rules continues to fall to the courts. When performing this task, New Zealand courts have traditionally turned to English case law for assistance. But they may be willing, in future, to widen their scope of inquiry, given that the English rules have long since been Europeanized. It is conceivable, in this context, that the Hague Principles may be treated as a source of persuasive authority, provided they are consistent with the general principles or policies underlying the New Zealand rules.

Medical Law and Ethics

2018 ◽  
Author(s):  
Jonathan Herring
Keyword(s):  
Case Law ◽  
Medical Law ◽  
Legal Principles ◽  
Codes Of Practice ◽  
Reality Check ◽  
Law And Ethics ◽  
The Supreme Court ◽  
Feminist Perspectives ◽  
The Law ◽  
Court Of Appeal

Medical Law and Ethics covers not only the core legal principles, key cases, and statutes that govern medical law, but also explores the key ethical debates and dilemmas that exist in the field to ensure that the law is firmly embedded within its context. The title highlights these debates, drawing out the European angles, religious beliefs, and feminist perspectives which influence legal regulations. Other features such as ‘a shock to the system’, ‘public opinion’, and ‘reality check’ introduce further sociological aspects, contributing to the way in which the subject is approached. This new edition also includes coverage of new Codes of Practice issued by the Human Tissue Authority and the changes in the structure of the NHS. It also outlines important case law developments on the law on mental capacity and euthanasia, including the Charlie Gard litigation, the decision of the Supreme Court in Montgomery, and the Court of Appeal in Conway.

Researching Australian, New Zealand and Papua New Guinean Law

2014 ◽  
Vol 14 (3) ◽  
pp. 193-201 ◽  
Author(s):  
Carole L. Hinchcliff ◽  
Megan Fitzgibbons ◽  
Claudia Davies
Keyword(s):  
New Zealand ◽  
Papua New Guinea ◽  
New Guinea ◽  
Case Law ◽  
International Federation ◽  
Legal Systems ◽  
The Law ◽  
Papua New Guinean

AbstractIn this paper Carole Hinchcliff, Megan Fitzgibbons and Claudia Davies review free resources that can be used when researching the law in Australia, New Zealand, and Papua New Guinea. Background descriptions of the countries' legal systems are provided, along with brief descriptions of websites which provide access to the legislation and case law of the relevant jurisdictions. The article is based on a presentation developed by Carole, and subsequently delivered by Megan and Claudia, at the International Federation of Library Association (IFLA) meeting in August, 2013.

scholarly journals Case Comment – Cumberland v Accident Compensation Corporation

2014 ◽  
Vol 45 (3) ◽  
pp. 525
Author(s):  
Anthea Williams
Keyword(s):  
New Zealand ◽  
Medical Treatment ◽  
Case Law ◽  
Personal Injury ◽  
Compensation Scheme ◽  
Accident Compensation ◽  
Physical Effects ◽  
Wrongful Birth ◽  
Court Of Appeal ◽  
Lost Opportunity

In Cumberland v Accident Compensation Corporation, the Court of Appeal held that where a mother is denied the information that her foetus is disabled, and thus loses the opportunity to terminate the pregnancy, the "continuing pregnancy" can be a personal injury covered by the Accident Compensation scheme. This article examines the judgment and argues the Court of Appeal has extended New Zealand case law on "wrongful births" without explicitly acknowledging this. The author suggests that, by focussing purely on the physical effects on the mother and her lost opportunity to determine the medical treatment given to her, the Court has avoided the value laden approach that has plagued other wrongful birth cases.

scholarly journals There is no Such Thing as a Sham Trust

2013 ◽  
Vol 44 (1) ◽  
pp. 115
Author(s):  
BoHao (Steven) Li
Keyword(s):  
New Zealand ◽  
Legal Issues ◽  
Starting Point ◽  
Bilateral Transaction ◽  
Appeal Decision ◽  
The Law ◽  
Trust Law ◽  
Court Of Appeal ◽  
Law Commission

The Court of Appeal decision in Official Assignee v Wilson is the leading New Zealand case on "sham trusts". Obiter, O'Regan and Robertson JJ held that for a sham trust to exist, the settlor and trustee must have a common intention to not create a trust. Post-Wilson, debate continues over the precise elements that render a trust a sham. The Law Commission suggested that the sham doctrine, as a means of analysing the validity of an express trust, may not be the best approach. A better starting point would be a return to the certainty of intention requirement. In arguing that the Law Commission's recommendation is correct, this article will discuss three legal issues: whether an express trust is a unilateral or bilateral transaction; whether the excluded evidence has always been part of the objective intention requirement; and whether the legislative and policy factors have made foreign trust law distinct from New Zealand trust law. Finally, this article will expand on the test proposed by the Law Commission.

scholarly journals When Conduct is Deemed to Occur in the Workplace and the Liability of Employers for the Sexual Harassment of one Co-Worker by Another

1970 ◽  
Author(s):  
Peter McLuskie
Keyword(s):  
Human Rights ◽  
Sexual Harassment ◽  
Employment Relationship ◽  
Employment Relations ◽  
Human Rights Act ◽  
Employer Liability ◽  
The Difference ◽  
Employment Legislation ◽  
Court Of Appeal

This paper analyses the different approaches of the Employment Relations Act 2000 and the Human Rights Act 1993 as to whether sexual harassment of one co­worker by another occurs as a part of the employment relationship. It examines the Court of Appeal and the Human Rights Review Tribunal regarding the liability of the same person (Smith) for sexual harassment. The Court of Appeal upheld Smith’s dismissal as it impacted on his employment relationship, while the Human Rights Review Tribunal held Smith’s behaviour was not in the in the course of his involvement in employment. Reasons for the difference between the two decisions are examined, looking in particular at employer liability for the actions of co­workers, and the different ways the two Acts deal with such liability. Canadian and Australian approaches to employer liability are examined, noting consistency between the approaches in their human rights and employment legislation. It is suggested that inconsistencies between the Employment Relations Act and the Human Rights may lead to different outcomes regarding employer liability. Finally it is suggested that, given the differences between the two Acts, it would be better for matters of sexual harassment to only be dealt with under the Human Rights Act.

scholarly journals A Capital Opportunity: Creating a New Zealand Jurisprudence in Public and International Law

2010 ◽  
Vol 41 (4) ◽  
pp. 703
Author(s):  
David Baragwanath
Keyword(s):  
New Zealand ◽  
International Law ◽  
Public Law ◽  
Law Schools ◽  
Global Context ◽  
Law Faculty ◽  
Written Form ◽  
The Creation ◽  
The Law ◽  
Court Of Appeal

This is the written form of a lecture delivered at the Law Faculty on 28 April 2010 by Justice Baragwanath as part of a series of lectures delivered the various New Zealand law schools, to mark the judge's retirement from the New Zealand Court of Appeal.  In this lecture the judge argues for the creation of a New Zealand public law that both acknowledges the special nature of New Zealand society and recognises the global context within which all New Zealand law must now fit and to some extent must be judged.

scholarly journals Should Pension Savings Be a Protected Property at Bankruptcy?

2017 ◽  
Vol 17 (1) ◽  
pp. 97
Author(s):  
Trish Keeper
Keyword(s):  
New Zealand ◽  
Test Case ◽  
Business Innovation ◽  
Discussion Document ◽  
Appeal Decision ◽  
The Law ◽  
Court Of Appeal

In 2015, the New Zealand Court of Appeal held, in Trustee Executors Ltd v The Official Assignee,[1] a test case brought by the Official Assignee (OA), that the OA could not access the KiwiSaver balances of a bankrupt. In response, the Ministry of Business, Innovation and Employment released a Discussion Document in July 2016, proposing a law change to make some, or all, of a bankrupt’s pension savings available to the OA for the benefit of a bankrupt’s creditors. This article outlines the Court of Appeal decision and its implications within the context of both the New Zealand Insolvency Act 2006 and the KiwiSaver Act 2006. It then critically discusses the law change proposed in the Discussion Document and suggests that, given the significant difficulties with this proposal, more limited reforms be implemented to prevent bankrupts unfairly using the inalienability of pension savings to defeat the interests of creditors. [1] [2015] NZCA 118.

Medical Law and Ethics

2020 ◽  
Author(s):  
Jonathan Herring
Keyword(s):  
Case Law ◽  
Mental Capacity ◽  
Medical Law ◽  
Legal Principles ◽  
Reality Check ◽  
Law And Ethics ◽  
Feminist Perspectives ◽  
The Law ◽  
Mental Capacity Act ◽  
Court Of Appeal

Medical Law and Ethics covers not only the core legal principles, key cases, and statutes that govern medical law, but also explores the key ethical debates and dilemmas that exist in the field to ensure that the law is firmly embedded within its context. The title highlights these debates, drawing out the European angles, religious beliefs, and feminist perspectives which influence legal regulations. Other features such as ‘a shock to the system’, ‘public opinion’, and ‘reality check’ introduce further sociological aspects, contributing to the way in which the subject is approached. This new edition also includes coverage of new Guidance issued by the GMC and the new Protection of Liberty Safeguards. It also outlines important case law developments on the law on mental capacity and euthanasia, including the Alfie Evans and Tafida Raqeeb litigation, case law interpreting the Mental Capacity Act, and the Court of Appeal in Conway.

Sign in / Sign up

Export Citation Format

Share Document