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Artículos de revistas sobre el tema "New Zealand. Law Commission"

Autor: Grafiati

Publicado: 28 de julio de 2024

Última modificación: 31 de julio de 2025

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1

November, Janet. "New Zealand: The New Zealand Law Commission – A New Direction." Commonwealth Law Bulletin 34, no. 3 (2008): 693–95. http://dx.doi.org/10.1080/03050710802268984.

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2

Smith, Melanie. "Burgeoning Baigent?: A Critique of the Law commission's Analysis of Baigent's Case." Victoria University of Wellington Law Review 28, no. 2 (1998): 283. http://dx.doi.org/10.26686/vuwlr.v28i2.6073.

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Who is responsible when a Crown entity or State enterprise breaches an individual's rights under the New Zealand Bill of Rights Act 1990? Is the Crown or the breaching entity primarily liable, or both? The Law Commission investigated this question in relation to liability arising out of Baigent's case. In its report the Law Commission recommended significantly narrowing the Crown's liability to exclude State enterprises and Crown entities. This article investigates the Law Commission's reasoning and recommendations.

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3

Wallace, Justice. "The New Zealand Human Rights Commission." Nordic Journal of International Law 58, no. 2 (1989): 155–61. http://dx.doi.org/10.1163/157181089x00028.

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4

Li, BoHao (Steven). "There is no Such Thing as a Sham Trust." Victoria University of Wellington Law Review 44, no. 1 (2013): 115. http://dx.doi.org/10.26686/vuwlr.v44i1.5007.

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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'

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5

McKenzie, Peter. "The Compensation Scheme No One Asked For: The Origins of ACC in New Zealand." Victoria University of Wellington Law Review 34, no. 2 (2003): 193. http://dx.doi.org/10.26686/vuwlr.v34i2.5783.

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The vision laid down in the 1967 Royal Commission Report was radical in scope and quickly became controversial. Led by its Chairman, Sir Owen Woodhouse, the Commission presented a series of connected principles to support that vision, drawing from earlier critiques of the common law system in New Zealand and abroad. This paper explores the legal background in New Zealand prior to the Woodhouse Report and reviews prior movement toward reform, including submissions made by members of the Victoria University Law Faculty. It also describes opposition to the Report from members of the bar and other

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6

Keith, Sir Kenneth J. "The Law Commission's 1988 Report on Accident Compensation." Victoria University of Wellington Law Review 34, no. 2 (2003): 293. http://dx.doi.org/10.26686/vuwlr.v34i2.5788.

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As economic restructuring was changing many state functions, the New Zealand Law Commission under the Presidency of Sir Owen Woodhouse undertook its own review of ACC, vigorously reaffirming the Woodhouse principles in its 1988 Report, while proposing further extensions of the scheme. This paper, written by a member of the Commission, summarises the Report’s major recommendations, including a new strategy for accident prevention, extension of the scheme to include illness, and a generally sceptical approach to incentive-based premiums for employers.

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7

Fox, Acting Chief Judge Caren. "Tikanga as the First Law of New Zealand." Amicus Curiae 4, no. 3 (2023): 635–48. http://dx.doi.org/10.14296/ac.v4i3.5623.

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This article provides an overview of the history of the Māori Land Court, as well as present day developments of the Court. It considers the role that tikanga (Māori customary values and practices) plays in the Māori Land Court, and how the Court has applied tikanga in a number of contemporary judgments. It then considers the Waitangi Tribunal (a Commission of Inquiry which examines Crown breaches of its obligations to Māori), and how tikanga can be demonstrated in the process and the findings of the Tribunal. It discusses how both judicial bodies have approached the challenge of competing tik

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8

Bull, Juliet. "The Implications of a Supreme Law Bill Of Rights for New Zealand Judicial Appointments." Victoria University of Wellington Law Review 46, no. 2 (2015): 495. http://dx.doi.org/10.26686/vuwlr.v46i2.4918.

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The enactment of a supreme law Bill of Rights in New Zealand would have significant implications for the process of appointing judges. This article considers whether the present judicial appointments system should be retained were New Zealand to amend the New Zealand Bill of Rights Act 1990 to have supreme law status. It contends that the present appointments process is insufficiently transparent and offers too few checks and balances to safeguard the apolitical nature of appointments. Canada's experience after enacting the Canadian Charter of Rights and Freedoms is drawn upon to demonstrate t

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9

McDonald, Elisabeth. "The Admissibility of "Acquittal Evidence" in Criminal Trials: Toward Reform." Victoria University of Wellington Law Review 34, no. 4 (2003): 639. http://dx.doi.org/10.26686/vuwlr.v34i4.5759.

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Recent case law at appellate level in a number of common law jurisdictions has considered the admissibility of "acquittal evidence" – meaning, in the context of this article, either evidence of a defendant's earlier acquittals or evidence on which the acquittals were based. The author argues that the various rulings have resulted in uncertainty and inconsistency and illustrate the difficulty of establishing a single admissibility rule. After analysing the New Zealand case law, the author examines the relevant sections in the proposed Evidence Code, published by the New Zealand Law Commission i

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10

Scott, Paul G. "Unilateral Refusals to Supply and the Essential Facilities Doctrine under New Zealand's Competition Law." Victoria University of Wellington Law Review 49, no. 3 (2018): 371. http://dx.doi.org/10.26686/vuwlr.v49i3.5329.

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Refusals to supply are one of the types of behaviour that may constitute an illegal act of monopolisation under competition law. As part of United States refusal to supply law the courts developed the essential facilities doctrine. This requires the owner of a facility which is essential to rivals to provide access to that facility. Courts, in particular the United States Supreme Court, have cast doubt on the doctrine and cut back on liability for unilateral refusals to supply. Conversely New Zealand (and Australian) courts have increased liability for refusals to supply. One case, Commerce Co

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11

Niels, Gunnar. "Back to First Principles of Market Definition: The New Zealand High Court Air Cargo Cartel Case." World Competition 36, Issue 3 (2013): 373–86. http://dx.doi.org/10.54648/woco2013030.

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In prosecuting a price-fixing agreement among airlines - one of several such cases around the world - the New Zealand Commerce Commission faced a jurisdictional challenge as to whether there is a market for inbound air cargo services 'in New Zealand'. At a time when competition authorities increasingly skip market definition and assess competitive effects directly (especially in merger inquiries), this case turned almost entirely on the delineation of the relevant market. It revisited some of the first principles of market definition - including the product and geographic dimensions of the mar

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12

Peart, Nicola. "New Zealand's Succession Law: Subverting Reasonable Expectations." Common Law World Review 37, no. 4 (2008): 356–79. http://dx.doi.org/10.1350/clwr.2008.37.4.0178.

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Succession law in New Zealand has been widely criticized for many years as being incoherent and unprincipled both in regard to its approach to property entitlements for spouses and unmarried partners and in its liberal approach to support claims under the Family Protection Act 1955. Although testamentary freedom was said to apply in New Zealand, the reality was rather different. The Wills Act 1837 was also seen as unnecessarily defeating testamentary intentions. Based on research indicating strong support for testamentary freedom and widespread objections to testators' lack of autonomy, the Ne

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13

Grainer, Virginia. "Is Family Protection a Question of Moral Duty?" Victoria University of Wellington Law Review 24, no. 2 (1994): 141–62. http://dx.doi.org/10.26686/vuwlr.v24i2.6237.

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The Law Commission undertook a review of succession law in New Zealand at the time of writing. Whether the concept of "moral duty" is a satisfactory basis for determinations under the Family Protection Act 1955 was one of the issues the Commission is addressing in the context of the succession project. This article is based on a paper written by the author for the Law Commission. It examines the rationale behind the introduction of the original family protection legislation and the development of the concept of moral duty in this context. The article discusses a number of reasons for the autho

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14

Richardson, Ivor. "Simplicity in Legislative Drafting and Rewriting Tax Legislation." Victoria University of Wellington Law Review 43, no. 3 (2012): 517. http://dx.doi.org/10.26686/vuwlr.v43i3.5032.

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The search for simplicity in legislative drafting affects all legislatures. It is also central to the work of the New Zealand Law Commission and of governments in other comparable jurisdictions. Rather than exploring a range of statutes in various jurisdictions, this article focuses on income tax. It does so for two reasons. The first is that income tax has been crucial to the funding of government in common law jurisdictions and to achieving a legislative balance between simplicity and other criteria of an acceptable tax system. The second is that we can draw on three recent projects to rewri

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15

McCaffrey, Hugh. "A Bitter Pill to Swallow: Portugal's Lessons For Drug Law Reform in New Zealand." Victoria University of Wellington Law Review 40, no. 4 (2009): 771. http://dx.doi.org/10.26686/vuwlr.v40i4.5252.

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On 1 July 2001, Portugal decriminalised all drugs, replacing criminal sanctions with administrative ones. Portugal's decriminalisation policy focused on individual possession and use of drugs. It was thought that possession and use would be best dealt with outside of the criminal process. In New Zealand, the Law Commission is revisiting the Misuse of Drugs Act 1975. The author seeks to analyse the first two terms of reference: whether the legislative regime should reflect the principle of harm minimisation underpinning the National Drug Policy; and the most suitable model or models for the con

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16

Chevalier-Watts, Juliet. "Charitable Trusts and Advancement of Religion: On a Whim and a Prayer?" Victoria University of Wellington Law Review 43, no. 3 (2012): 403. http://dx.doi.org/10.26686/vuwlr.v43i3.5028.

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The advancement of religion is a controversial head of charitable trusts: whilst its foundations are based on tenets of intangible belief systems, New Zealand law, alongside other common law jurisdictions, supports the notion that the public benefit requirement of all charitable trusts be presumed in this particular head. Common law also reflects decades of evolution of the interpretation of the advancement of religion, thus not limiting the advancement of religion to only the traditional methods of yesteryear, such as offering church services. Nevertheless, with the recent contentious judgmen

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17

Martin, John R. "Establishment of the Accident Compensation Commission 1973: Administrative Challenges." Victoria University of Wellington Law Review 34, no. 2 (2003): 249. http://dx.doi.org/10.26686/vuwlr.v34i2.5785.

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Alongside the process of legislative review and enactment, questions of administrative structure and implementation received lively consideration. At stake were such issues as whether to treat the new scheme as a matter of law reform or an aspect of social security. ACC's eventual status as an independent commission posed challenges to public officials from several departments, while preserving certain tensions that would emerge later in the 1970s. This paper credits the New Zealand public service for its creative response to implementing ACC, which required it to bridge the structural divides

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18

Clark, Linda. "NZ watchdogs must keep up with media’s changing face." Pacific Journalism Review 18, no. 2 (2012): 46. http://dx.doi.org/10.24135/pjr.v18i2.263.

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A discussion paper released by the New Zealand Law Commission just before the end of 2011 looked into how well the regulatory framework governing the NZ media was working, and concluded that change was needed. Currently complaints must be made first to the publication or broadcaster concerned. Only if the complainant is dissatisfied with the outcome is there a right of appeal to the self-regulatory Press Council, for print media, or, for radio and television, to the statutory Broadcasting Standards Authority (BSA). The commission’s recommendation is for a new single regulator created by statut

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19

Buckley, R. A. "Illegal transactions: chaos or discretion?" Legal Studies 20, no. 2 (2000): 155–80. http://dx.doi.org/10.1111/j.1748-121x.2000.tb00138.x.

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The provisional proposals of the Law Commission for reform of the law relating to illegal transactions are examined in relation to proposals for reform of the same area of the law in other Commonwealth jurisdictions. The working in practice of the New Zealand Illegal Contracts Act 1970 is considered, and judicial development of the law in Canada and Australia is contrasted with the reluctance of the judiciary in England to embark upon systematic reform. The conclusion is reached that there is a proven need for a move away from rigidity and literalism towards a legitimated judicial discretion e

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20

King, Barry. "The New Zealand Film Commission as a Government-Sponsored Film Producer." Journal of Arts Management, Law, and Society 40, no. 2 (2010): 157–63. http://dx.doi.org/10.1080/10632921.2010.484626.

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21

Blyth, Conrad, and Basil Sharp. "The Rules of Liability and the Economics of Care." Victoria University of Wellington Law Review 26, no. 1 (1996): 91. http://dx.doi.org/10.26686/vuwlr.v26i1.6179.

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In 1992, the New Zealand Law Commission proposed changes to the rules of liability applied in cases of negligence under the law of torts (Law Commission Apportionment of Civil Liability (Preliminary Paper No 19, Wellington, 1992)). The Commission proposed to retain the rule that where there are two wrongdoers who together cause a single loss each is liable to the injured person for up to 100% of the plaintiff's claim. Is this rule justified economically? This article analyses the rule (the doctrine of "solidary liability") in economic terms, as well as the "proportionate liability" rule as an

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22

Phillips, Lord Justice. "Challenge for Cause." Victoria University of Wellington Law Review 26, no. 3 (1996): 479. http://dx.doi.org/10.26686/vuwlr.v26i3.6155.

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In this article, his Lordship examines the operation of juries in England and considers how the English experience may assist the New Zealand Law Commission in the reform process. His Lordship addresses three aspects: first, the implications of jury operation and selection processes; second, the role of the law of evidence in determining the guilt or innocence of an accused; third, whether juries are the appropriate finder of fact in trials concerning serious fraud. The material in this article was originally delivered as a public lecture on 27 March 1996 in the Faculty of Law.

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23

Berry, Mark. "Institutional Design Issues and Policy Challenges: Reflections From Former Chair of the Commerce Commission, Dr Mark Berry." Victoria University of Wellington Law Review 51, no. 2 (2020): 231. http://dx.doi.org/10.26686/vuwlr.v51i2.6569.

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I was asked by the Law and Economics Association of New Zealand to reflect tonight on my time as Chairman of the Commerce Commission (NZCC). I expect that the conference organisers may have wished that I revisited some of the key decisions during my ten year tenure. However, I fear that a retrospective of such cases would be dated, provide no new insights and would most likely be excruciatingly boring for this audience.

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24

Burnard, R. "The New Zealand Law Commission's Report on the UNCITRAL Model Law." Arbitration International 8, no. 3 (1992): 281–86. http://dx.doi.org/10.1093/arbitration/8.3.281.

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25

Macey, James. "Navigating Towards an Airworthy Protection Regime for New Zealand's Airline Passengers." Victoria University of Wellington Law Review 55, no. 2 (2025): 173–98. https://doi.org/10.26686/vuwlr.v55i2.9803.

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Delays and cancellations are a frequent occurrence in air travel, but passenger protections in New Zealand lag behind those in other jurisdictions such as the European Union and Canada. Concerns around airlines' treatment of passengers were brought to the fore during the COVID-19 pandemic, but protections were not strengthened in the replacement of the Civil Aviation Act 1990 with the Civil Aviation Act 2023. The new Act provides insufficient protection to passengers, and New Zealand's other consumer law is also inadequate and difficult to apply to an airline context. Neither set of law has a

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26

Fauza, Farah. "Legal Comparison of Standard Clause Regulations in Indonesian and New Zealand Consumer Protection Laws." Santhet (Jurnal Sejarah Pendidikan Dan Humaniora) 8, no. 1 (2024): 325–32. http://dx.doi.org/10.36526/santhet.v8i1.3538.

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This study aims to identify and analyze the comparison of Standard Clauses regulations in Indonesian and New Zealand consumer protection laws. This research is normative legal research, in which this research obtains data from primary legal materials, including legal principles and legal norms contained in laws and regulations within the consumer protection sector in Indonesia and New Zealand, supported by secondary legal materials in the form of books, journals, articles, papers, previous research related to research problems. The results of this study indicate that there are notable differen

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27

Perry, Richard. "Commentary on Professor Sutton's paper." Victoria University of Wellington Law Review 25, no. 1 (1995): 73–76. http://dx.doi.org/10.26686/vuwlr.v25i1.6220.

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The author provides commentary on Professor Sutton's paper presented in the symposium on Family Property, Law and Policy found in this issue of the Victoria University of Wellington Law Review (RJ Sutton "Law Commission succession project: Communal family property?" (1995) 25 VUWLR 53). The commentary comes from discussions with a group of six practitioners drawn from both family law litigators and property lawyers interested in family property matters. The article first discusses how the concept of communal property can earn legitimacy. The author then agrees with Professor Sutton in that New

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28

Scott, Paul. "The Vodafone/Sky Decision and Vertical Mergers in New Zealand." Antitrust Bulletin 66, no. 4 (2021): 470–80. http://dx.doi.org/10.1177/0003603x211044907.

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As Professor Ahdar’s text shows, New Zealand’s competition law has undergone an evolution. Views on various practices have changed and this led to academic disagreements. One area, however, has been free from any controversy and that is vertical mergers. The reason is not uniformity of philosophy—but rather more prosaic. New Zealand has not had any cases. This changed with the Vodafone/Sky merger. This article discusses the Commerce Commission’s decision to decline the merger and how it is in line with current thinking on vertical mergers.

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29

Steel, William. "Judicial Specialisation in a Generalist Jurisdiction: Is Commercial Specialisation Within the High Court Justified?" Victoria University of Wellington Law Review 46, no. 2 (2015): 307. http://dx.doi.org/10.26686/vuwlr.v46i2.4923.

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In November 2013, after a series of Law Commission reports and years of academic, professional and judicial discussion, the Government introduced legislation to Parliament to replace the existing High Court commercial list with a specialist commercial panel. Whilst this panel would bring New Zealand into line with many comparable common law jurisdictions, this article argues that the case for specialisation has not been established. In particular, it notes that there is no publically available evidence to support the claim that the High Court is losing its commercial jurisdiction, or that comm

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Forwood, Mark R. "Whither no-fault schemes in Australia: Have we closed the care and compensation gap?" Alternative Law Journal 43, no. 3 (2018): 166–70. http://dx.doi.org/10.1177/1037969x18787552.

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No-fault compensation in New Zealand, the Woodhouse report and statutory reforms to civil liability motivated consideration of no-fault schemes in Australia. In 2011, the Productivity Commission recommended adoption of a National Injury Insurance Scheme. Since 2016, the NDIS has developed nationally, followed by variations of the NIIS for motor vehicle and workplace accidents. Compensation for injuries outside the NIIS (e.g. medical negligence), or general damages or economic loss must be recovered through compulsory third-party claims or common law. For those cases, an attractive compromise b

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31

Mo, Jojo YC. "In search of a privacy action against breaches of physical privacy in Hong Kong." Common Law World Review 47, no. 4 (2018): 225–47. http://dx.doi.org/10.1177/1473779518802571.

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The focus of privacy laws in Hong Kong has always been on the use and dissemination of personal or confidential information, but a person’s privacy can also be intruded by unwanted watching or listening irrespective of whether information is collected or used. Despite an attempt to introduce two privacy torts by the Law Reform Commission of Hong Kong in 2004, there is no timetable as to when these two statutory torts be introduced. Recognition has been afforded for intrusions upon seclusion or solitude in a number of jurisdictions including New Zealand and the Canadian province of Ontario. In

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Kwok, Kelvin Hiu Fai. "Object and intention under Article 101 TFEU: Lessons from Australia, New Zealand and analytical jurisprudence." Common Law World Review 48, no. 3 (2019): 114–41. http://dx.doi.org/10.1177/1473779519862801.

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What does it mean for an agreement to have an anticompetitive ‘object’ under Article 101(1) of the Treaty on the Functioning of the European Union? Can the European Commission support an ‘object’ case by reference to the agreement parties’ subjective intention, and if so, how? What exactly is the relationship between an agreement’s object and the parties’ subjective intention under competition law? This article is the first to bring insights from Australian and New Zealand cases, as well as analytical jurisprudence, to bear on these underexplored yet important questions affecting the European

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Barton, George P. "Dinner Speech." Victoria University of Wellington Law Review 33, no. 3-4 (2002): 1085–92. http://dx.doi.org/10.26686/vuwlr.v33i3-4.5840.

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This speech celebrates the life and achievements of Sir Ivor Richardson. The speech outlines Sir Richardson's celebrated academic career at Victoria University of Wellington, beloved by students and academics alike. Barton also outlines Sir Richardson's time as Dean of the Faculty of Law, including the challenges he faced regarding Sir Richard Wild's comments during the Springboks Tour of New Zealand. The speech also outlines Sir Richardson's tenure as the Chairman of the Royal Commission on Social Policy. Barton concludes his speech by celebrating Sir Ivor Richardson's meticulousness and wish

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Quentin-Baxter, Alison. "The UN Draft Declaration on the Rights of Indigenous People - The International and Constitutional Law Contexts." Victoria University of Wellington Law Review 29, no. 1 (1999): 85. http://dx.doi.org/10.26686/vuwlr.v29i1.6045.

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This article is an edited version of one of the six papers presented to the International Law Association/International Commission of Jurists seminar on the UN Draft Declaration on the Rights of Indigenous Peoples which was held in Wellington on 23 August 1997. The author discusses the New Zealand Government policy towards the Draft Declaration on the Rights of Indigenous Peoples. She first identifies key issues of international law, explores the relationship between the Draft Declaration and the Treaty of Waitangi, and looks at some implications of both for the New Zealand legal system and ou

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Wake, Nicola. "‘His home is his castle. And mine is a cage’: a new partial defence for primary victims who kill." Northern Ireland Legal Quarterly 66, no. 2 (2018): 151–77. http://dx.doi.org/10.53386/nilq.v66i2.148.

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This article provides an in-depth analysis of the Crimes Amendment (Abolition of Defensive Homicide) Act 2014 which had the effect of repealing the Australian state of Victoria’s only general ‘partial defence’ of defensive homicide, and replaced the existing statutory self-defence in murder/manslaughter provisions and general common law self-defence rules with a single test. The abolition of defensive homicide means there is now no general ‘partial defence’ to accommodate cases falling short of self-defence. The change is likely to mean that some primary victims will find themselves bereft of

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Morris, J. "Women's Experiences of the Justice System." Victoria University of Wellington Law Review 27, no. 4 (1997): 649. http://dx.doi.org/10.26686/vuwlr.v27i4.6096.

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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.

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Chambers, Geoffrey. "A critical review of the New Zealand Law Commission Report 144: The Use of DNA in Criminal Investigations." New Zealand Science Review 77, no. 1-2 (2021): 21–25. http://dx.doi.org/10.26686/nzsr.v77i1-2.7754.

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Noonan, Chris. "Partial Price-Fixing and Semi-Collusion." Antitrust Bulletin 66, no. 4 (2021): 481–509. http://dx.doi.org/10.1177/0003603x211045434.

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Many cartels do not directly fix the price of products. Instead, the participants may agree on a starting price for negotiations or the price of a component of the overall price. Antitrust investigations reveal that cartel agreements are also often very imperfectly implemented. Antitrust law in the United States and the European Union has typically taken a robust approach to these practices even where economic analysis might be unable to show that such practices always or almost always harm consumer welfare. The decision of the New Zealand Supreme Court in Lodge Real Estate Ltd. v. Commerce Co

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Baron, Paula D. "In the Name of the Father: the Paternal Function, Sexuality, Law and Citizenship." Victoria University of Wellington Law Review 37, no. 2 (2006): 307. http://dx.doi.org/10.26686/vuwlr.v37i2.5566.

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The purpose of this article is to examine the notion of legal paternal responsibility from the perspective of psychoanalytic theory. In psychoanalysis, a privileged place is accorded to the father, both in the emergence of the subject and in the symbolic order itself. This privileged position, however, flows not from the person of the father but from the performance of what Lacan terms the “paternal function”.Taking up this idea, the article considers the recommendations relating to legal paternity contained in the recent New Zealand Law Commission Report New Issues in Legal Parenthood. In par

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40

St John, Susan. "Reflections on the Woodhouse Legacy for the 21st Century." Victoria University of Wellington Law Review 51, no. 2 (2020): 295. http://dx.doi.org/10.26686/vuwlr.v51i2.6572.

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This lecture commemorates the life of one of our most distinguished judges and citizens, Sir Owen Woodhouse. His compassion, generosity of spirit and social conscience were reflected in his work as President of the Court of Appeal, President of the Law Commission and Chairman of the Royal Commission on Compensation for Injury that recommended a no-fault accident compensation scheme and laid the foundations for the Accident Compensation Corporation (ACC) scheme. He made an immense contribution to New Zealand's law and society.

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41

McEwan, Jenny. "The Evidence of Children and other Vulnerable Witnesses: A Discussion Paper: Law Commission of New Zealand, Preliminary Paper 26." International Journal of Evidence & Proof 2, no. 1 (1998): 32–36. http://dx.doi.org/10.1177/136571279800200103.

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42

Finn, Jeremy. "John James Meikle and the Problem of the Wrongly Convicted: An Enquiry into the History of Criminal Appeals in New Zealand." Victoria University of Wellington Law Review 41, no. 3 (2010): 519. http://dx.doi.org/10.26686/vuwlr.v41i3.5217.

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This article investigates the development of the law governing of appeals in criminal cases in New Zealand, and the substantial though neglected history of agitation for recourse for the wrongly convicted. It uses as a lens the story of John James Meikle, a farmer convicted of sheep stealing in 1887, who later successfully prosecuted the principal prosecution witness for perjury, successfully petitioned Parliament for compensation, was the subject of a Royal Commission into his conviction and, uniquely, was declared innocent by an Act of Parliament in 1908. Meikle's case was one of several hig

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Wright, David. "How Good are PIA Reports And Where are They?" European Business Law Review 25, Issue 3 (2014): 407–26. http://dx.doi.org/10.54648/eulr2014017.

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Privacy impact assessments (PIAs) may soon be standardised. The European Commission plans to make PIAs mandatory if Article 33 of its proposed Data Protection Regulation is adopted without any serious depredations by lobbyists. Concurrently, the International Organization for Standardization (ISO) is considering a standard for PIAs. The approaches currently being pursued by the Commission and the ISO have their antecedents in the PIA methodologies used in Australia, Canada, Ireland, New Zealand, the UK and the US. However, almost no attention has been paid to actual PIA reports to see how well

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44

Toki, Valmaine. "Indigenous Peoples’ Fisheries Rights – A comparative perspective between Maori and the Sami." Arctic Review on Law and Politics 1, no. 1 (2010): 54–81. http://dx.doi.org/10.23865/arctic.v1.7.

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The right to fish is intrinsic to the culture of indigenous peoples, including the Sami of Norway and Maori of New Zealand. The Sami currently still seek recognition of their cultural right to fish. Despite recent recommendations by the Smith Commission that Sami rights within the coastal area be recognized, this is yet to be realised. The Attorney General’s scathing criticisms have impeded the implementation of Sami rights within the coastal area. This paper offers a comparative perspective between Sami rights and Maori rights with regard to their respective fisheries. It is suggested that a

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Tinsley, Yvette, and Elisabeth McDonald. "Use of Alternative Ways of Giving Evidence by Vulnerable Witnesses: Current Proposals, Issues and Challenges." Victoria University of Wellington Law Review 42, no. 4 (2011): 705. http://dx.doi.org/10.26686/vuwlr.v42i4.5112.

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Fifteen years after the New Zealand Law Commission rejected pre-trial recording of cross-examination, that proposal is back on the reform agenda. Drawing from research examining comparative pre-trial and trial practices in cases of sexual offending, this article discusses the backdrop to the debate surrounding pre-recording, including the provisions of the Evidence Act 2006 and the approach of the courts to alternative ways of giving evidence. The benefits and drawbacks of pre-trial recording of evidence for adult witnesses are canvassed – including practical, evidential and psychological issu

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46

Hartshorne, John. "The need for an intrusion upon seclusion privacy tort within English law." Common Law World Review 46, no. 4 (2017): 287–305. http://dx.doi.org/10.1177/1473779517739798.

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In the United States, New Zealand and the Canadian province of Ontario, recognition has been afforded to privacy torts remedying intrusions upon seclusion or solitude, and the creation of such a tort has also been recommended by the Australian Law Reform Commission. In England and Wales, recognition has so far only been afforded to a privacy tort remedying misuse of private information. This article considers the current prospects for the recognition of an intrusion upon seclusion tort within English law. It will be suggested that there is less necessity for such recognition following the appa

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Poser, Mareen. "DTCA of Prescription Medicines in the European Union: Is There Still a Need for a Ban?" European Journal of Health Law 17, no. 5 (2010): 471–84. http://dx.doi.org/10.1163/157180910x527897.

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AbstractThe pharmaceutical sector is one of the main markets in the European Union. The consumption of medicines is high and steadily increasing. However, the pharmaceutical market is subject to a wider range of restrictions than almost any other sector. The restrictions mainly apply to information provision and advertising practice within the community. One of the main features in pharmaceutical regulation is the ban on direct-to-consumer advertising (DTCA) of prescription medicines. However, an abolition of the ban is controversial in the European Community, especially as the pharmaceutical

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48

Mangel, Marc. "Whales, science, and scientific whaling in the International Court of Justice." Proceedings of the National Academy of Sciences 113, no. 51 (2016): 14523–27. http://dx.doi.org/10.1073/pnas.1604988113.

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I provide a brief review of the origins of the International Convention on the Regulation of Whaling and the failure to successfully regulate whaling that led to the commercial moratorium in 1986. I then describe the Japanese Whale Research Programs Under Special Permit in the Antarctica (JARPA I, JARPA II) and the origins of the caseWhaling in the Antarctic (Australia v. Japan: New Zealand Intervening)in the International Court of Justice. I explain that the International Court of Justice chose to conduct an objective review of JARPA II, the standard that it used for the review, and the pathw

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Belton, Katherine. "Release on Parole: Gambling with Community Safety or Effective Risk Management." Victoria University of Wellington Law Review 39, no. 2 (2008): 265. http://dx.doi.org/10.26686/vuwlr.v39i2.5461.

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Parole has been the subject of scrutiny in recent years, both due to offences that are committed by high-profile parolees, and for the perceived leniency that it provides by allowing offenders early release from imprisonment. This paper analyses the operation of parole in New Zealand with reference to the case of Reid v New Zealand Parole Board, together with a review of the Law Commission’s report on sentencing and parole, and the resulting amendment to the Parole Act. It concludes that parole is an effective tool in the criminal justice system, and should certainly be retained.

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Gradoń, Kacper. "Countering lone-actor terrorism: specification of requirements for potential interventions." Studia Iuridica 72 (April 17, 2018): 121–47. http://dx.doi.org/10.5604/01.3001.0011.7591.

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The author presents the de-classified preliminary findings of the European Commission funded FP7 research project PRIME, dealing with the extremism, radicalization and lone-actor terrorism (also known as “lone wolf terrorism”). The Article provides the partial results of the research devoted to the preparation of portfolio of lone actor extremism counter-measures requirements based on the findings of the review of existing counter-measures used to defend against lone actor extremist events. The Article concludes with a list of recommendations, which shall be considered in order to prevent, int

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