Browsing by Author "Arnold, Terence"

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(Te Herenga Waka—Victoria University of Wellington, 1972) Arnold, Terence
The purpose of law is to serve the community within which it exists. It seeks to enable people to live together in a community in comparative harmony and order. It attempts this by providing rules and standards to which the ordinary citizen is supposed to adhere and by providing procedures through which an aggrieved citizen may seek some redress for harm caused to him - he does not have to resort to self-help. Since the law is a form of social regulation it must change and develop to meet the needs of an ever-evolving community life; its various branches must be critically examined to see whether they are fulfilling useful social functions. If they are not they should be changed. What is required of the law has been well put by McCardie J. in Prager v. Blatspiel, Stamp and Heacock, Ltd., [1924] 1 K.B.566. a case concerning the sale of goods. He was talking about the common law, but his remarks are relevant to law in general. He said,
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Competition Law in Small Market Economies - Special Application to New Zealand Commentary
(Te Herenga Waka—Victoria University of Wellington, 2006) Evans, Lewis; Arnold, Terence
Slides by Lew Evans and Terence Lawrence presented Competition Law in Small Market Economies - Special Application to New Zealand Commentary at the Competition Law and Study Institute conference held in Wellington August 2006.
Open Access
The Law and Economic Basis of Enforcement of Governance of Private Joint Venture Network Markets: the case of NZEM
(Te Herenga Waka—Victoria University of Wellington, 2001) Evans, Lewis; Arnold, Terence
The purpose of this paper is to point out the feasibility of joint ventures contracting out of using Courts to resolve disputes and to explain and assess the enforcement of the rules that form the governance of the New Zealand Electricity (spot) Market (NZEM). This market has no basis in statute. It includes a panel that has the responsibility for enforcement of the rules and for the interpretation of them in the context of any dispute. In this paper we Examine the enforcement regime in relation to contract law Examine implementation features of the enforcement regime Set out the operation of rule enforcement in NZEM in terms of the law andeconomics approach to enforcement with a view to assessing the efficiency of this sort of joint venture governance arrangement Show how the joint venture contract and its enforcement satisfy competition law and Demonstrate the importance of the voluntary nature of NZEM and of the ability of participants to alter the contract for the operation of this contract spot market.