Browsing by Author "Hansen, Tory"

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Open Access
An analysis of the design and implementation of behaviourally informed laws, regulation, and and decisions to 'nudge' in New Zealand
(Te Herenga Waka—Victoria University of Wellington, 2016) Hansen, Tory
The advent of behavioural economics and nudge theory provides new challenges for policy designers and regulators. These theories assume a different model of human behaviour than that commonly used by regulators, and also introduce a new type of governance – that of ‘libertarian paternalism’. This paper seeks to answer the question of how New Zealand’s regulatory design and law reform processes should adapt in light of these two developments. This paper considers the regulatory impact statement process should incorporate a complementary behavioural economic model, whereas the case for a change to disclosure statements is less clear cut. It proposes that explicit and open consideration of behaviourally informed options regulatory impact statements increases the transparency and accountability of government, without decreasing their efficacy. As behavioural economics and nudging become more prevalent, the suggested changes aim to ensure that New Zealand’s law reform processes remain thorough and robust. This should allow complex policy issues to be translated into effective instruments.
Open Access
Should repairers have something to lien on? An analysis of reform options for the common law lien in the Personal Property Securities Act 1999
(Te Herenga Waka—Victoria University of Wellington, 2015) Hansen, Tory
The repairer’s lien is one of the last remaining at common law. Under the Personal Property Securities Act 1999, a repairer’s lien over goods takes priority over any security interest in the same goods. Due to the advent of trading on credit terms, repairers are increasingly unable to rely on a lien as a means of security. Because of the nature of their work, ordinary security interests taken by repairers are likely to lose in any priority dispute. This paper addresses two broad points within this issue. The first point considered is whether the repairer’s interests should be protected, concluding that they should be afforded a super priority similar to the current scheme. The second point considered is the nature of reform that could be undertaken, concluding that a statutory lien should be inserted into the PPSA. This lien would generally subsist in credit trading environments whilst not adversely affecting the interest of other creditors.