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A list is presented of the law theses and papers deposited in the law library at the Victoria University of Wellington in New Zealand including "Accident or Tragedy?: Compensation for Suicide and Self-Inflicted Injuries Under the ACC Scheme," by Michael Bell, "Pregnancy Following Failed Sterilization Under the Accident Compensations Scheme," by Yasmin Moinfar, and "Community Justice," by Annina Boehm.

Judicial promotion of mediation has been identified as an important way to encourage and increase the amount of commercial mediation in New Zealand. This latest contribution to the New Zealand Commercial Mediation Study (NZCMS) explores the views of District and High Court judges in relation to the use of mediation in their courts. Comparisons are made with earlier NZCMS studies, including the controversial issue of mandatory mediation. While the judiciary is well placed to increase the amount of commercial mediation in New Zealand, this paper concludes that it is unlikely that this potential will be realised under the current civil procedure settings. District and High Court judges possess a good understanding of mediation and its benefits but also prioritise party autonomy in choosing whether to undertake mediation or not. [ABSTRACT FROM AUTHOR]

The Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010, which came into effect on 1 October 2010, could be considered the most significant change to the Children, Young Persons, and Their Families Act since its introduction in 1989. The new Act has two main functions: it extends the jurisdiction of the Youth Court and gives the Court a new range of orders. This paper analyses s 14 of the new Act which extends the jurisdiction to 12 and 13 year old serious and recidivist offenders. The paper assesses what problem Parliament was trying to address with this amendment. It argues that the change in jurisdiction could be said to be motivated by populist politics rather than addressing a known change in child offending. The paper then explores how s 14 changes the underlying assumptions about the level of responsibility we attribute to children. It then recommends that serious and recidivist offenders continue to be dealt with by the Family Court. The paper acknowledges, however, that changes could be made to strengthen the Family Court's existing powers to ensure children are dealt with more effectively. [ABSTRACT FROM AUTHOR]

This article examines an extraordinary episode in New Zealand's constitutional history: the 1892 removal of Justice Worley Bassett Edwards as a Supreme Court judge after having been invalidly appointed by the previous government. Edwards' case is important as the only time a New Zealand government has formally sought to remove a sitting judge of the Supreme or (as it is now) High Court. But the article argues that the Edwards controversy is also an example of how New Zealand politicians and lawyers thought about judges within the developing New Zealand state, and even more profoundly about what was constitutional, as opposed to just legal, within that state. [ABSTRACT FROM AUTHOR]

Recent research conducted by Victoria University of Wellington provides evidence of debt collection practices in New Zealand. This article discusses the findings of the research and makes recommendations to assist in addressing issues around harassment, use of attachment orders and accumulation of interest on old debts. [ABSTRACT FROM AUTHOR]

Recently, ideas about "rights" to Internet access or connectivity have received growing recognition from governments, legal institutions, and other political actors in several countries, including New Zealand. Despite this emerging political and legal recognition, there are few, if any, systematic studies exploring such ideas. This paper aims to change this. First, it offers a theoretical exploration of the idea of a "right" to Internet access, including the different versions of such rights talk. Secondly, it examines whether there is any legal basis for such rights claims in New Zealand and ultimately argues that section 14 of the New Zealand Bill of Rights offers a legal basis for a certain kind of right to Internet connectivity, as well as a legal basis to claim wider access - via the Internet or other mediums - to government information. Some concrete implications, both legal and political, of these findings are also explored. [ABSTRACT FROM AUTHOR]

The Criminal Procedure (Reform and Modernisation) Bill is currently before the New Zealand Parliament. The Bill will implement mandatory defence disclosure of the issues in dispute at a pre-trial hearing stage. This paper addresses the enforcement mechanism adopted by the Bill an inference of guilt from nonompliance and examines the suitability of the inference as an enforcement mechanism. It outlines the compatibility of the inference with the existing framework of evidence law in New Zealand and suggests changes to the Bill that are necessary to ensure the inference is exercised in a consistent and justifiable way. [ABSTRACT FROM AUTHOR]

APN New Zealand Limited v Simunovich Fisheries Limited was a significant Supreme Court judgment regarding the biggest defamation claim in New Zealand's legal history. The Court ruled that third party statements were inadmissible as evidence for a defence of truth, unless such statements could be independently proven to be true. This paper argues that objectively reliable third party statements, such as statements made by the judiciary, should be admissible as evidence for a defence of truth in certain cases. Where a defamatory meaning of reasonable grounds to suspect guilt is pleaded, rather than an allegation of actual guilt, reliable statements made by a third party can be highly relevant in proving the existence of reasonable grounds for suspicion. A high burden is already placed on defendants to negotiate technical pleading and evidential requirements in proving the defence of truth. Simunovich erects an unnecessary further obstacle that will prevent the submission of relevant and reliable evidence. This paper recommends that the Simunovich ruling on third party statements be amended to allow such particulars to be admitted in support of a defence of truth to an alleged defamatory meaning of reasonable grounds of suspicion. [ABSTRACT FROM AUTHOR]

This article explores the challenges for the United Nations Convention on the Law of the Sea (UNCLOS) in protecting the marine environment and biodiversity. The traditional approach to developing the law when facing new challenges is through evolution -- the iterative amendment of existing instruments and guidelines. I discuss the recent Agreement for the Conservation and Sustainable Use of Marine Biodiversity in Areas beyond National Jurisdiction (BBNJ Agreement) as an example of the evolution approach. I challenge whether evolution in the law of the sea is sufficient to meet the significant challenges facing regulation of uses of the ocean, and ask whether revolution is needed, through new concepts and processes. [ABSTRACT FROM AUTHOR]

This article is a lightly edited version of the keynote address delivered at the 2023 ICON•S Annual Conference, held at Victoria University of Wellington--Te Herenga Waka, on 5 July 2023. I provide an overview of legal pluralism and its implications, addressing why legal pluralism heretofore has been overlooked by jurists, the historical roots of legal pluralism, how to identify what qualifies as law, internal and external legal pluralism, three categories of law that help frame legal pluralism, why customary law is difficult to incorporate within state law, the implications of legal pluralism for legal development and human rights, and much more. [ABSTRACT FROM AUTHOR]

The radical principles behind the 1967 Woodhouse Report were eclipsed by shifting political styles--and gradually abandoned as heretical. We can now turn to Sir Owen's own notion, that "the apparent heresies of one generation become the orthodoxies of the next", to explore how core Woodhouse heresies might themselves perform this transition: providing fresh support for a generation grappling with headline challenges of climate change and pandemic control. [ABSTRACT FROM AUTHOR]

Under s 26(b) of the Trade Marks Act 2002 (the 2002 Act), where "other special circumstances" exist and it is considered "proper", a trade mark application may be registered despite its conflicting with an existing trade mark. What amounts to "other special circumstances" is not defined in the 2002 Act, and the exception has not been subject to detailed judicial consideration. This lacuna creates challenges for applicants, their advisers, the Intellectual Property Office and the courts. In this article, by considering the text, context and historical purpose of such an exception, I argue that the provision should be understood as a mechanism to grant registration where this would avoid injustice because of the existence of out-of-the-ordinary circumstances faced by the trade mark applicant or which relate to the position between the trade mark applicant and the owner of a conflicting registration. A wide range of circumstances may be deemed "special" under s 26(b). However, I suggest that evidence of prior use per se and without more does not and should not automatically fall within the exception. Further, adjudicators should continue to approach the exception cautiously and narrowly to ensure it does not undermine other core tenets of New Zealand's trade mark system. [ABSTRACT FROM AUTHOR]

This article proposes reform to New Zealand's natural disaster insurance scheme in anticipation of The New Zealand Treasury's (Treasury) 2021 review of the Earthquake Commission Act 1993. The Canterbury Earthquake Sequence of 2010-2011 revealed many shortcomings in New Zealand's dualinsurance model, outlined in the March 2020 Public Inquiry into the Earthquake Commission. Recent changes in the private insurance market have aggravated these problems, notably, increasing premiums and a move to sum-insured policies. This article explores the lesser known background to the unique EQC system and examines the fundamental reasons for this public system. It aims to establish the most effective natural disaster insurance scheme for New Zealand, holding that retaining the dual-model approach is preferable. However, fresh reforms are necessary. Five reforms are proposed: ensuring the scheme's universality; increasing the EQC cap; implementing differentiated pricing; incorporating incentives for mitigation; including a purpose statement within the Act. Implementing these reforms will best ensure the scheme meets the objective of allowing homeowners to build their secure fence at the top of the cliff, while still ensuring there is a well-functioning ambulance at the bottom. [ABSTRACT FROM AUTHOR]

Despite medical devices being integral to modern healthcare, New Zealand's regulation of them is decidedly limited, with repeated attempts at reform having been unsuccessful. With the Government now indicating that new therapeutic products legislation may be introduced before the end of the year, the article considers the case for change, including to promote patient safety, before analysing the draft Therapeutic Products Bill previously proposed by the Ministry of Health, and on which any new legislation is expected to be based. It concludes that, while the proposed Bill is a step in the right direction, introducing regulatory oversight where there is currently next to none, there is still significant work to be done. In particular, it identifies a need to clarify whether the regime is indeed to be principles-based and identifies further principles which might be considered for inclusion. It further proposes regulation of cosmetic products which operate similarly to medical devices to promote safety objectives, while finding a need for further analysis around the extent to which New Zealand approval processes should rely on overseas regulators. Finally, it argues that, in an area with such major repercussions for people's health, difficult decisions around how to develop a framework which balances safety with speed to market should not be left almost entirely to an as yet unknown regulator but, rather, more guidance from Parliament is needed. [ABSTRACT FROM AUTHOR]

The report (Fofola na ibe) of the "Improving Pasifika Legal Education Project" concluded that the law schools in New Zealand have not served Pasifika peoples well. The reasons for this are diverse, and the range of possible solutions are complex. For many Pasifika peoples, the law school is inherently foreign to their views and values. Armed with the findings and recommendations of the report, this article uses the Pasifika weaving conception to reflect on the ways that law schools in New Zealand can ensure, through discussion, dialogue and action, that they are a just, equitable and welcoming place for Pasifika law students. [ABSTRACT FROM AUTHOR]

This article argues that the cultural assimilation of Māori family forms, originating in colonial private family laws, continues under the Care of Children Act 2004 (COCA). It finds that the opportunity to draft a law that was respectful of tikanga Māori and te Tiriti o Waitangi was lost when legislators ignored all the critiques of the operating principles and processes of the Pākehā legal system, provided by Māori during the 1980s and 1990s. The article argues that cultural assimilation continues through court decisions, since COCA principles require priority to be given to parents, with a corresponding marginalisation of whānau, hapū and iwi. The article concludes that incremental reform would be unlikely to achieve legislation that is fit for a bicultural Aotearoa New Zealand. It advocates for a transformational Māori-led family law reform process, guided by te Tiriti o Waitangi/the Treaty of Waitangi and by tikanga Māori. [ABSTRACT FROM AUTHOR]

This article considers the current state of the motor vehicle add-on insurance industry in New Zealand in the light of the Commerce Commission's 2021 review of motor vehicle financing and add-ons. It suggests the current way the industry functions does not promote competition and facilitates several issues detrimental to consumers. The issues are the inadequacy of consumer awareness and understanding of add-on products (brought about by an insufficiency of information), a point of sales advantage enjoyed by providers of primary products, and an unsuitable dealer incentive system. These issues are producing negative consumer outcomes, as demonstrated by quantitative and qualitative industry evidence. The article considers how comparable jurisdictions, namely Australia and the United Kingdom, have corrected similar issues to increase consumer protection within their equivalent industries. It advocates similar industry reform for New Zealand. Industry reform should act in a preventative way to eliminate the creation of issues, as this best protects consumers. The primary reform that is recommended is the adoption of an industry-wide deferred sales model for add-on products. [ABSTRACT FROM AUTHOR]

This article examines the judgments of Calver v Accident Compensation Corporation and its appeal in the light of the legislative history behind New Zealand's accident compensation scheme. It posits that the Calver judgments reflect an ongoing principle of generous and expansive interpretation, which can be tracked through the case law in this area, and that an overriding principle of generosity does not fully accord with the legislative history. That history has involved intentional redrafting to curtail overly expansive judicial approaches, and legislative development in this area has been relatively stagnant in recent decades. Alternative approaches for interpreting the scheme are discussed. A more comprehensive set of principles for interpretation of accident compensation cases would make this area more predictable and better explain the outcomes of cases where the boundaries appear to be widened. It does not seem convincing, in light of the full history, to simply suggest that outcomes should reflect the Woodhouse vision. Credence should be paid to real policy issues, which have so far prevented a fully comprehensive scheme from being developed. [ABSTRACT FROM AUTHOR]

The sustainable management of Aotearoa's natural resources requires a system which is responsive to environmental changes. This will become more important in the future with the more frequent extreme environmental events predicted with climate change. The current system relies on statutory powers to review consents and adaptive management regimes to re-examine resource consents following environmental changes. This article focuses on two group consents to draw over 7,000,000 m3 of water per year from an aquifer in Northland. After these group consents were granted, a significant fire began which threatened the vulnerable wetland ecosystem. This article argues that the current system fails to respond to environmental events of this nature. With significant resource management reforms ongoing, it is crucial to consider how to create a responsive resource management system for a future dominated by the effects of climate change. [ABSTRACT FROM AUTHOR]

This article considers the law, of New Zealand and England and Wales, relating to determinations whether P consented in various kinds of interaction with D. (The interactions considered are between persons old enough to validly consent to the conduct at issue and who are capable of evaluating and reflecting upon the consequences of their actions.) In the context of sexual interactions, the law in both jurisdictions is in a process of fitful change—from a regime in which consent could be vitiated only by threatened or actual force, impersonation, or radical misunderstanding, towards a position where the question of consent is less categorical and at large. A contrast is drawn between sexual and other interactions, including offences against the person and, especially, commercial misconduct. In the former cases, the central concern is justice between the parties. By contrast, in delineating the boundaries of what amounts to lawful commerce, it is permissible to consider what a ruling about consent may entail for the commercial system as a whole: something that can lead to a very thin conception of what makes for valid consent. The most general lesson that goes with this argument is that consent in law is not a pre-legal phenomenon. [ABSTRACT FROM AUTHOR]

New Zealand was a pioneer in the codification of its criminal law. The Criminal Code Act was passed in 1893, after a lengthy gestation period. The work owed its origins to law reform activities in India, a tendency spread from India to other British jurisdictions, notably Canada and parts of Australia, but never England. The requirement that common law offences were no longer valid and criminal offences had to be clearly defined in statutes passed by Parliament became accepted orthodoxy here and never questioned. But it is possible, as this article argues, that New Zealand has forgotten the legal implications of its own history of codification. This article argues that s 78AA of the Crimes Act 1961, inserted by the Intelligence and Security Act 2017, is in breach of the codification principle. The vice of the provision is that the content of the Protective Security Requirements is dependent upon the actions of the executive and what it posts on the Internet, not upon law passed by Parliament. It is submitted that the present situation is poor legislative practice and leaves the state of the law in doubt. For security issues to be handled in this fashion is less than satisfactory in a free and open society. The article goes on to analyse the background of New Zealand's criminal law codification and outlines the extensive range of the modern law dealing with the intelligence agencies and how it has expanded in recent years. This history of the agencies is briefly canvassed, including controversial features that have arisen in the past. It concludes that remedial action is necessary and mentions work that is going on within the executive to bring about change. It concludes that issues of legality, human rights and the agencies deserve careful attention and require analysis of the risks to an open society from these developments. [ABSTRACT FROM AUTHOR]

This article is informed by a survey carried out in 2021, which found that the application of the presumption of advancement in New Zealand has been inconsistent, and at times confused, in the past 20 years. Taking the analysis further, this article argues that the doctrine of the presumption of advancement should be abolished in New Zealand for transfers of property by parents to adult children ("parent-child transfers"). The doctrine has become increasingly irrelevant. Most notably, the Land Transfer Act 2017 has implicitly abolished the presumption of advancement as well as the presumption of resulting trust in transfers concerning interests in land. The rationales for the doctrine have also become unconvincing or inapplicable. Parental affection has been a synonym for the parent-child relationship, which was underpinned by the financial status of fathers in a bygone era. In the changed legal and societal context of contemporary New Zealand, the notion that parents owe a moral obligation to provide for able-bodied adult children should not entail legal consequences. Complications with relationship property disputes, protection of the elderly and other considerations also support abolition of the doctrine. This article proposes a presumption of loan instead to give certainty, assist court adjudication and guide public behaviour. [ABSTRACT FROM AUTHOR]

The M'Naghten Rules formulated in 1843 have provided the basis for the insanity defence in many Western countries, including New Zealand. Although many candidates for the insanity defence experience psychosis, the principal determining factor is whether they knew their criminal act was morally wrong, a difficult metaethical judgement. In New Zealand the advent of methamphetamine abuse has created a significant challenge for forensic assessors in differentiating between mental disease and chronic intoxication, raising the question of whether the insanity defence as currently formulated is fit for purpose in assessing criminal culpability in such cases. The article explores this problem through an examination of a number of leading cases, noting the variable character of expert testimony on insanity where methamphetamine is involved. The article then examines the question of whether evidence of mental states falling short of insanity may be utilised to support a palliative claim reducing murder to manslaughter. A tentative new approach invites consideration of allowing investigation of insanity in cases involving meth-induced paranoia, whether or not the threshold of disease of the mind is met. In the concluding sections the article examines the impact of developments in cognitive neuroscience and asks whether neuroscience can help in determining criminal responsibility and whether it supports a "control limb" in a reformulated insanity defence. The article concludes with a brief discussion of mental disorder and impulsive aggression. [ABSTRACT FROM AUTHOR]

This article focuses on Tony Smith's criticisms of criminal lawyers' use of the concept of actus reus. It explores how those criticisms relate to the proliferation of types of actus reusin the last five decades, especially in connection with the spread of offences of omission. [ABSTRACT FROM AUTHOR]

This article considers the role of the illusory trust doctrine in New Zealand. It argues that the illusory trust doctrine should be incorporated into the Trusts Act 2019. Incorporating the illusory trust will enhance clarity in New Zealand's law of trusts by providing the courts with a conceptually coherent method to assess the permissible boundaries of the trust. This article explores the differing views of illusory trusts in the context of the Trusts Act and in light of policy concerns. The "no meaningful accountability" view of illusory trusts is identified as the best formulation of the doctrine for incorporation into the Trusts Act. Importantly, the no meaningful accountability view does not jeopardise discretionary family trusts, which have social and economic significance. The author goes further by drafting a tentative provision for incorporation in the Trusts Act. The provision is then applied to the nefarious Clayton v Clayton trust and a typical, discretionary family trust. This application demonstrates that the provision will only catch the most nefarious Clayton-type trusts, thus preserving discretionary family trusts. [ABSTRACT FROM AUTHOR]

After introductory comments on how the Judicial Committee functioned as the final court for the British Empire for over a century, this article discusses a range of highly unusual cases from India, Canada and New Zealand. The aim is to give something of the flavour of the Judicial Committee's work and its impact on local courts. The final section of the paper suggests conclusions that can be drawn from that survey. [ABSTRACT FROM AUTHOR]

The legality of ritual slaughter rests upon both law and merits. On the one hand, the international freedom of religion requires that communities can obtain meat of a suitable standard, and on the other, current scientific literature indicates that any distinct risks to animal welfare are manageable. Despite this, ritual slaughter remains controversial, particularly Jewish kosher slaughter (Shechita), for which electrical pre-stunning before throat-cutting - arguably the sine qua non of welfare risk management - is incompatible. Through a mixture of theological, legal, and scientific argument, this paper examines the level of protection Shechita receives as a manifestation of belief, with particular reference to developments in Australia and New Zealand. [ABSTRACT FROM AUTHOR]

This article explores the way in which the courts have treated cases involving electoral broadcasting in New Zealand. Cases involving electoral broadcasting have been decided on a range of approaches. This article uses an "institutional"conception of elections to determine whether certain bounds can be drawn to define a category of election expression, comprising certain rules and norms, which the courts can use when dealing with expression around elections. New Zealand's case law to date is broadly consistent with an institutional model of electoral expression within which a higher level of judicial scrutiny of broadcasters is exhibited. This paper proposes that an express recognition of this institutional conception would provide some clarity and unity to decisions involving the sensitive issue of electoral broadcasting. [ABSTRACT FROM AUTHOR]

This paper discusses the range of uses of the phrases tangata whenua and mana whenua in New Zealand Acts, the issues that have arisen as a consequence, and identifies some suggestions for addressing those issues. [ABSTRACT FROM AUTHOR]

In 1846, the first breach of promise of marriage case was heard by the Supreme Court of New Zealand. Unlike many other breach of promise cases heard throughout the Empire during the nineteenth century, this case was not publicly reported. Rather, it is a case that exists only within the pages of Justice Chapman's judicial notebook, absent from the newspaper court reports of the lime. This action was relatively rare in the colony but the testimonies of witnesses examined enable us to gain an insight into matters of class, courtship, family, reputation and social protocols in the mid-nineteenth century. This paper considers the legal history of the action in New Zealand from 1842-1875, focussing on the case of Fitzgerald v Clifford (1846) to explore how private matters of courtship and romance became matters of legal and sometimes public debate. [ABSTRACT FROM AUTHOR]

This paper analyses the approach that is taken in New Zealand in determining coverage for pregnancies following failed sterilisations under the accident compensation scheme. The approach adopted in the recent decision of the Court of Appeal in ACC v D is criticised and an alternative approach for determining whether such claims ought to be within the accident compensation scheme is suggested. [ABSTRACT FROM AUTHOR]

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 control of drugs. This paper examines the principles around the criminalisation of possession and use of drugs. In particular, it examines the experience of Portugal, some eight years after decriminalisation. It is argued that New Zealand should adopt a policy of harm minimisation and that the model Portugal presents ought to be seriously considered as a possibility for New Zealand reform. [ABSTRACT FROM AUTHOR]

It is now firmly established that the overrepresentation of tamariki Māori within the Aotearoa New Zealand child protection system is largely a consequence of colonisation. However, at least as far as the Crown is concerned, the contention that decolonisation is a necessary step in reversing those trends remains a more controversial issue. Drawing on my doctoral research into this topic, this article argues that the child protection system must be decolonised, and that efforts towards reform which do not prioritise decolonisation are likely to perpetuate long-standing harms. The article has four goals. First, I examine why decolonisation provides the best framework through which to enact child protection system reform. Secondly, I identify three overarching themes within the current legal framework, but argue that the presence of these themes does not mean they are all given equal weight. Thirdly, I outline a theory of reform I have termed "kaupapa Māori legal theory", which seeks to enable legislative change based on tikanga Māori in a way which pays heed to the risks of doing so from a Māori perspective. Finally, I apply that theory to child protection law, identifying six tikanga principles which could provide the basis of a decolonised system: mana, rangatiratanga, wānanga, whānau, whakapapa and whanaungatanga. [ABSTRACT FROM AUTHOR]

This article considers the historical development of the summary judgment procedure, both in England and in New Zealand, for the purpose of highlighting the commercial imperatives underlying the procedure's genesis. It goes on to discuss the modern role played by summary judgment, by reference to two recent decisions that illustrate the tensions associated with expanding the procedure's scope into previously unheralded areas of the law. It concludes that commercial parties should rigorously consider whether their dispute is capable of being determined by summary judgment, but that this should not be understood as lessening the standard required to be met before judgment will be granted. [ABSTRACT FROM AUTHOR]

Hui and hui rūnanga, Māori decision-making gatherings, are vital in Māori constitutionalism. Hui demonstrate the practical exercise of tikanga Māori. There is a set of relatively stable Māori legal norms, derived from tikanga Māori, that can be seen at work in such hui-based decision-making. These norms (mana, tapu, whakapapa, whanaungatanga and rangatiratanga) serve to strengthen and demonstrate group processes. They arguably do not establish merely optional guidelines for group behaviour; they can serve to constrain decision-making. A case study set in a hui in a modern Māori urban context serves to demonstrate the exercise of such Māori legal norms in civic decision-making. [ABSTRACT FROM AUTHOR]

This issue of the Victoria University of Wellington Law Review contains a symposium of student work on the judiciary. This introductory article sets out the circumstances surrounding the preparation of the articles and the course of instruction that preceded them. It also sets out the constitutional background relating to the New Zealand judiciary and introduces the articles themselves. It refers to some changes contained in the Judicature Modernisation Bill that was nearing the end of its parliamentary passage when editing of the symposium was completed. [ABSTRACT FROM AUTHOR]

The legal sphere in Aotearoa is becoming more aware of its historically poor representation of gender and racial minorities. However, disabled people continue to be excluded and are often not recognised as an oppressed social group. When stories about disabled people are told in the legal sphere, our existence is diminished to medicalised narratives. These stories pathologise our existence, perpetuating a sense of othering for disabled people. This has a particular impact on disabled students of the law, who are exposed to negative attitudes towards disability through the judiciary and the critical avoidance of disability issues by legal academics. This article demonstrates how the pervasiveness of the medical model in judicial language and legal pedagogy fails to create a space of belonging for disabled people, failing the one in four members of the New Zealand population who are disabled. Overall, it demonstrates a need to undergo a "cripping" of legal education by incorporating socially oriented models of disability into legal study. This will require an adoption of both the traditional social model of disability and Whānau Hauā, an indigenous model of disability. Only by dislodging the medical model of disability will the law become a space of belonging for disabled people. [ABSTRACT FROM AUTHOR]

Tikanga Māori is a central pillar of Aotearoa New Zealand and the common law is developing to reflect that. A new era of law is emerging, informed by both tikanga Māori and settler law. While this is an important, positive step towards establishing an appropriate domestic jurisprudence of Aotearoa New Zealand, misguided integration, no matter how well intentioned, is harmful. The ongoing collision between tikanga Māori and settler law in a legal context must be navigated carefully. It gives rise to the need for specific examination of different areas of law to consider how the two systems might interact. This article examines the law surrounding remedies and considers whether and how remedial structures in tikanga Māori and settler law might be reconciled. It undertakes a broader structural analysis and a closer examination of the specific aims of each remedial framework. Overall, it argues that, with a shift in underpinning rationale to one informed by tikanga Māori, existing common law remedies may be applied in ways consistent with, and that give effect to, tikanga Māori. Despite tensions between the two frameworks, the flexibility within both tikanga Māori and the settler common law is sufficient to allow them to come together into a new law of remedies in Aotearoa New Zealand. [ABSTRACT FROM AUTHOR]

The Fair Trading Amendment Act 2021 introduced a New Zealand prohibition on "unconscionable conduct" in trade. Previously, the law on unconscionable conduct was found in the equitable doctrine of unconscionable bargain. This article describes how New Zealand law has moved away from equitable unconscionability with this new prohibition. This article critically analyses some of the legal, social and economic justifications for introducing the prohibition, finding that some of the Ministry of Business, Innovation and Employment's justifications are not persuasive. The s 7 prohibition is based strongly on an equivalent section in the Australian Competition and Consumer Act 2010 (Cth). It is argued that long-standing doctrinal issues with Australia's prohibition provided a strong basis for New Zealand to pursue a different standard. Finally, this article explores the "unfair commercial practices" doctrines in the United States and European Union through the lens of anticonsumer practices in digital marketplaces. The conclusion is that the unfair commercial practices doctrine captures a wider range of anti-consumer conduct than does unconscionable conduct. [ABSTRACT FROM AUTHOR]

This article discusses the Royal Commission of Inquiry's recommendation to reform New Zealand's hate crime legislation following the Christchurch terror attack. New Zealand currently uses a sentencing enhancement provision that has faced much criticism for being unable to reflect the serious nature of hate-motivated offending. It is also poorly enforced. The Commission recommended replicating the United Kingdom's approach by creating separate hate crime offences. This article argues that this is not the most productive way to combat hateful conduct and achieve the Commission's broader goal of social cohesion. Evidence from the United Kingdom suggests that many of the intended benefits of separate offences do not eventuate in practice. This article considers that criminalisation is not the best way to address hateful conduct generally. Hate crime laws risk being counter-productive and are unlikely to change societal attitudes. The conclusion is that it would be more beneficial to focus on non-criminal anti-hate responses, such as education. These alternative anti-hate methods will be more likely to address the root causes of hostility, prevent the development of hateful attitudes and thus reduce the frequency of hate-motivated offending in New Zealand. [ABSTRACT FROM AUTHOR]

One hundred years on from Harriette Vine's graduation, women in law are still confronted with discrimination in their careers. This article examines perceptions of women in law and women's pessimism regarding their prospects. It suggests that legislative, institutional and individual efforts could generate equality within the legal community. Solidarity and agitation to encourage the participation of women at all levels of the profession can best honour the legacy of women's rights in New Zealand. [ABSTRACT FROM AUTHOR]

The ability of coroners to make recommendations to various agencies and organisations is inextricably linked with the coroner's emerging role in death and injury prevention. Despite this, there is no legal obligation in New Zealand for agencies and organisations to respond to, or implement, proposed changes, which has led to claims that recommendations are being overlooked. However, concerns have also been raised about the quality of some recommendations, especially whether coroners have sufficient expertise to be proposing wide-ranging legal and policy reforms. This article analyses the extent to which recommendations are being implemented by the agencies and organisations to whom they are directed, and addresses whether the criticisms levelled at recommendations are valid. It is contended that greater transparency and accountability is needed in coronial processes to fully harness the preventive and therapeutic potential of coroners' recommendations. [ABSTRACT FROM AUTHOR]

The article discusses an inaugural professorial lecture on protection of human rights delivered by professor of law Claudia Geiringer at Victoria University of Wellington on April 29, 2014. Topics discussed include Bullwark being against violation of rights in New Zealand, criticising the New Zealand bill of rights model, and proposing reform based on the Canadian Charter of Rights and Freedoms.

There is a contradiction at the centre of tenancy practice and policy. On the one hand is the goal of sustaining tenancies to prevent homelessness and, on the other, a tribunal system for resolving tenancy disputes which is founded on achieving a "swift eviction". We analyse observations of tribunal hearings and mediations along with a sample of written orders. We ask whether the goal of sustaining tenancies can be achieved in a legislative framework originally intended to achieve swift eviction. We find that mediation creates space for determining a plan to pay off arrears but with little assurance the payments are accurate and realistic. Tribunal hearings for rent arrears allow limited discretion for continuing the tenancy, but even this discretion is restricted in practice. We conclude that there is a need to shift from "swift eviction" to recognising rent arrears as a consequence of poverty - one that requires support and intervention. While legislative change would support this shift, there is scope for significant improvement via process changes that borrow from the problem-solving approach of Te Ao Mārama. [ABSTRACT FROM AUTHOR]

This project surveys New Zealand court cases in the last 20 years (2000-2020) concerning monetary or gratuitous land transfers from parents to their children ("parent-child transfer") and examines New Zealand court approaches to the presumption of advancement concerning parent-child transfers. This article examines the status of the presumption in New Zealand, discusses the conceptual understandings of the presumption as revealed in the approaches taken by courts, and investigates the courts' approaches concerning the categories of persons who are subject to the presumption, namely mothers, adult children and sons-or daughters-in-law. This article highlights the weakened status of the doctrine and the confused and inconsistent approaches by courts in engaging (or declining to engage) the doctrine and calls for changes to clarify the understanding of the doctrine and to establish a more consistent approach. [ABSTRACT FROM AUTHOR]

At first glance, one could be excused for concluding that New Zealand's advance (binding) rulings regime can be traced to a Government budget announcement in 1992. In reality, the early efforts of Professor John Prebble in the mid-1980s laid the groundwork that eventually resulted in a binding rulings regime commencing in 1995. John's contributions not only provided input from reviewing comparative jurisdictions, but also a draft code. Furthermore, post-regime, John was instrumental in endorsing the regime through his membership of the Committee of Experts on Tax Compliance (the Committee). Beyond this, further refinements to the regime (including more cost-efficient and accessible short process rulings) to a large degree reflect John's early observations. That is, businesses need certainty when making decisions that affect their tax obligations imposed by complex legislation and they should have access to a facility that can enhance that certainty. [ABSTRACT FROM AUTHOR]

One of Professor Prebble's many achievements is that he is a fellow of the Law and Economics Association of New Zealand. This achievement recognises his contribution to the economic analysis of law. The first field to which scholars applied economic analysis of law was competition law. This article examines a particularly contentious area of New Zealand's competition law; viz the Efficient Component Pricing Rule and s 36 of the Commerce Act 1986. This rule first arose in Clear Communications Ltd's dispute with Telecom Corp of New Zealand Ltd. The Privy Council endorsed charging on the basis of the rule - saying its use did not breach s 36. Many years later New Zealand's Court of Appeal held Telecom's use of it amounted to a breach of s 36 in the context of price squeeze litigation. This article examines how the Court of Appeal concluded this. It looks at the economics of price squeezes and the rationale behind the Efficient Component Pricing Rule. It discusses United States law on price squeezes and shows how that law is hostile to finding competition law liability for price squeezes. It outlines the New Zealand cases and analyses the reasoning of the cases - particularly the Court of Appeal price squeeze case. It concludes that in holding use of the rule was a breach of s 36 the Court has eliminated the equally efficient competitor standard test for monopolisation and interred the Efficient Component Pricing Rule. It also argues that proscribing price squeezes is worthwhile. [ABSTRACT FROM AUTHOR]

This article reviews the history of tobacco taxation in Aotearoa New Zealand and the gradual transition from the use of the tobacco tax as a revenue raising tool to an instrument of social policy and the consequences of that shift. In particular, the article examines the adverse impact of the present-day iteration of the tobacco tax on Māori and other disadvantaged groups. [ABSTRACT FROM AUTHOR]

This article deals with the rating of Māori freehold land as a case study of a field of law where Māori Land Law and Taxation Law overlap. Rates, are, of course, a type of tax. For Māori landowners, paying rates and rates debts were probably the most important tax-related problem they had to confront. The issue was not only that Māori landowners often could not afford to pay rates. While that was the case, the real issue was the overlay between Māori land law and tax law as such. The real problem with rating of Māori land was the Māori land law system itself. This article explains why this is so, and utilises rating law as a window into the complexities of the statutory Māori land law system and the complexities it caused to Māori landowners. [ABSTRACT FROM AUTHOR]

The principal income tax statutes of both New Zealand and Australia provide special concessions for taxpayers who earn exceptional copyright income in a year of assessment. As authors (creators) of copyright-protected artistic works, visual artists are potential beneficiaries of these preferences but, because they typically produce singular artworks that are not licensed for reproduction, they cannot directly benefit from copyright or, as a consequence, tax concessions granted to copyright assignors or licensors. In New Zealand, a taxpayer who receives peak copyright payments can opt to average those receipts over more than one assessment year. An Australian taxpayer can spread their more broadly defined assessable professional income and, if they operate a professional arts business, may enjoy an exception to the non-commercial loss rules, and so may claim net losses in the year they are incurred. The substantive provisions of neither the Income Tax Act 2007 nor the Income Tax Assessment Act 1997 (Cth) expressly incorporates provisions of copyright legislation but both taxing statutes explicitly import copyright terminology and, implicitly, concepts and doctrine. Examination of differences between fact and law is a significant field of legal research. In taxation studies, John Prebble's identification of "ectopia" presents the best-known analysis. Prebble characterises income tax law as "ectopic" (out of place), inasmuch as it is dislocated from the facts to which it relates. Copyright law is likewise dislocated from typical artistic practice. When copyright principles are incorporated into income tax legislation, the relevant provisions may be doubly estranged from the facts to which they relate. This article, which has an Australasian jurisdictional focus but also draws on Quebecois tax legislation, investigates that possibility and considers, in particular, the consequences for equity in income taxation. [ABSTRACT FROM AUTHOR]