Browsing by Author "Fookes, Zane"

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Open Access
Is the fixed ball in our courts? The criminalisation of match-fixing under the Crimes (Match-Fixing) Amendment Act 2014
(Te Herenga Waka—Victoria University of Wellington, 2015) Fookes, Zane
In sport, match-fixing occurs when the result or a particular part of a match is manipulated, removing the uncertainty integral to sporting contests. Match-fixing was criminalised by the New Zealand legislature in the Crimes (Match-Fixing) Amendment Act 2014. This amendment introduces the Crimes Act 1961, s 240A, which expands the definition of ‘deception’ under s 240 to include match-fixing. The amendment legislation was enacted with a number of laudable aims, primarily focused on protecting the integrity of sport, which this paper believes justified the criminalisation of match-fixing. Such criminalisation can be seen as consistent with other behaviours criminalised in the sporting sphere. However, a number of lacunas discussed in the paper demonstrate that the legislation was not comprehensive in achieving the aims that justified the criminalisation of match-fixing. The paper therefore recommends expanding the legislation, influenced particularly by the specificity of equivalent Australian legislation, and drafts a more comprehensive match-fixing provision that aspires to both remedy the lacunas of the Crimes (Match-Fixing) Amendment Act 2014 and better reflect the legislature’s aims in criminalising match-fixing.
Open Access
Navigating the law reform route for driverless cars in New Zealand
(Te Herenga Waka—Victoria University of Wellington, 2016) Fookes, Zane
Driverless cars are an emerging technology, which removes the human driver from transportation and allows the technology itself to drive the car. The introduction of driverless cars to New Zealand will give rise to a number of legal issues, as the new technology attempts to fit within an existing legal framework. There is a need to reform the law to accommodate autonomous vehicles, which raises questions of how to best complete such a law reform process. The introduction of driverless cars can be divided into two stages: the testing stage, and the public introduction stage. Each stage will require a different method of reform. At the testing stage, this paper submits that no law reform should be undertaken. Testing may be undertaken by manufacturers legally within the existing transport law of New Zealand, and any new legislative requirements may repel manufacturers, to whom New Zealand would appeal as a testbed due to its reputation with emerging technologies and favourable liability laws. At the public introduction stage, where driverless technology is made available for purchase by the general public, this paper submits that a new legislative scheme should be drafted, working in correlation with international standards used to ensure quality control of vehicles imported into New Zealand.