scholarly journals Niue in New Zealand Legislation

2021 ◽  
Vol 52 (2) ◽  
pp. 245-284
Author(s):  
Tony Angelo ◽  
Elisabeth Perham ◽  
Yi-Shen Lau
Keyword(s):  
New Zealand ◽  
Legislative Action ◽  
The Law

This article provides guidance to non-Niuean lawyers, and particularly for New Zealand lawyers, who want to ascertain the Niue law on a particular matter. The need arises because a New Zealand statute that was extended to be part of the law of Niue may still be in force in New Zealand and in Niue but, because of the passage of time and legislative action in one or both of the countries, the text and effect of the statute may be different in each country.

The Law of Defamation in New Zealand

1965 ◽  
Vol 16 (1) ◽  
pp. 37
Author(s):  
A. G. Davis
Keyword(s):  
New Zealand ◽  
The Law

COHABITANTS IN PRIVATE LAW: TRUST, FRUSTRATION AND UNJUST ENRICHMENT IN ENGLAND, GERMANY AND CANADA

2013 ◽  
Vol 62 (3) ◽  
pp. 629-665 ◽  
Author(s):  
Anne Sanders
Keyword(s):  
Intimate Relationships ◽  
Case Law ◽  
Private Law ◽  
Party Autonomy ◽  
Unjust Enrichment ◽  
Legislative Action ◽  
The Law ◽  
Canadian Provinces ◽  
The Right ◽  
English Canadian

AbstractNeither in England, nor in Germany, nor in all Canadian provinces, does the law provide specific rules for the redistribution of property for unmarried cohabitants after the breakdown of their relationship. Instead, courts apply the law of trusts, contract and unjust enrichment with an eye to the characteristics of intimate relationships, as, for example, in decisions like the EnglishJones v Kernott([2011] UKSC 53) and the CanadianKerr v Baranow(2011 SCC 10). This article compares English, Canadian, and German case law and evaluates it both from a doctrinal perspective and as a part of a general approach towards cohabitation. The article concludes with an appeal for legislative action that strikes the right balance between party autonomy and protection of the weaker party.

scholarly journals Women's Experiences of the Justice System

1997 ◽  
Vol 27 (4) ◽  
pp. 649
Author(s):  
J Morris
Keyword(s):  
New Zealand ◽  
Justice System ◽  
Access To Justice ◽  
Women’S Experiences ◽  
Women's Experiences ◽  
The Law ◽  
The Impact ◽  
Law Commission

This article considers the impact of gender upon women's experiences of the New Zealand justice system, as lawyers and clients. As well as summarising study and survey material, it draws upon information provided to the Law Commission in the course of its project on Women's Acces to Justice: He Putanga mo nga Wahine ki te Tika. It concludes that women are still significantly disadvantaged by the justice system as a result of their gender and that there is an ongoing need for debate and consideration of these issues if women's access to justice is to be improved.

scholarly journals Who are we Trying to Protect? The Role of Vulnerability Analysis in New Zealand's Law of Negligence

2016 ◽  
Vol 47 (1) ◽  
pp. 19
Author(s):  
Scott William Hugh Fletcher
Keyword(s):  
New Zealand ◽  
City Council ◽  
High Court ◽  
North Shore ◽  
The Law ◽  
High Court Of Australia ◽  
Negligence Law ◽  
Insight Into ◽  
Consistent Application

New Zealand has incorporated ideas of vulnerability within its law of negligence for some years. It has not, however, clarified what is meant by vulnerability or the role the concept plays within the broader duty of care framework. Several obiter comments in Body Corporate No 207624 v North Shore City Council (Spencer on Byron) suggest the concept ought not to be part of the law due to its uncertain and confusing nature. Subsequent cases have, however, continued to use the concept, and continue to use it despite both its historically ill-defined nature and the additional uncertainty added by Spencer on Byron. This article argues that vulnerability can and ought to be a part of New Zealand negligence law. With a consistent application of a single test for vulnerability – that established in the High Court of Australia in Woolcock Street Investments Pty Ltd v CDG Pty Ltd – vulnerability can be conceptually certain and provide useful insight into the issues posed by the law of negligence.

Neuroscience and the Law in New Zealand

2011 ◽  
pp. 257-267
Author(s):  
Mark Henaghan ◽  
Kate Rouch
Keyword(s):  
New Zealand ◽  
The Law

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.

Introduction

2020 ◽  
pp. 1-34
Author(s):  
Rex Ahdar
Keyword(s):  
Industrial Organization ◽  
New Zealand ◽  
Competition Law ◽  
Small Fish ◽  
Distinctive Features ◽  
Law And Policy ◽  
Close Relationship ◽  
The Law

This chapter examines four distinctive features that mark competition law in New Zealand (NZ). Some of these (the first and fourth) are unique to NZ while others (the second and third) are common to all antitrust regimes. The first characteristic is the close relationship with Australian competition law and policy. Being modelled upon Australian legislation, NZ law tracks Australian developments, although the pattern is not one of slavish adherence. A second motif is the ongoing tension between competition law as law and competition law as applied to industrial organization economics. NZ courts have consistently held that economics plays an important but supplemental and subsidiary role. The concepts of “competition” and “market” are discussed. Third, there is ambivalence over the ambit of competition law. This chapter examines both exemptions from the Commerce Act 1986 and the extension of competition law to give it a limited extraterritorial effect. Fourth, another recurring theme is the prevalence of the small, isolated economy argument (NZ is a small fish in the global pond) in the development of policy, doctrine, and the interpretation of the law.

The Principles of Equity & Trusts

2018 ◽  
Author(s):  
Graham Virgo
Keyword(s):  
New Zealand ◽  
Common Law ◽  
Fiduciary Duty ◽  
Final Part ◽  
New Approach ◽  
The Subject ◽  
The Law ◽  
Contemporary Context

The Principles of Equity & Trusts offers a new approach to this dynamic area of law. This book examines the law of Equity and Trusts in its contemporary context, offering a critical and insightful commentary on the law, its application, and development. The text communicates both Equity and trust doctrine and also theory and reflects the modern understanding of the subject, as propounded both by the judiciary and commentators in England and other Common Law jurisdictions, notably Australia, Canada, New Zealand, and Singapore. The book consists of nine parts. Part I considers the history and contemporary relevance of Equity. Part II is about the express trust. Part III considers purpose trusts. Part IV then examines implied trusts. Part V is about beneficiaries. Part VI examines trustees’ powers and duties. Part VII examines variations of trusts. Part VIII is about breach of trust and fiduciary duty and the personal and proprietary remedies available for such breach. The final part examines other equitable remedies.

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.

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