Browsing by Author "McKay, Patricia"

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'The Hobbit' Law: Pandering to Film Companies?
(Te Herenga Waka—Victoria University of Wellington, 2011) McKay, Patricia
Initially dominated by Hollywood, the film industry has since become global.. With the globalisation of the industry, countries fiercely compete for filming, offering aggressive incentives to obtain film productions. The film industry and the incentives countries provide became of issue because of the filming of ‘The Hobbit’ in New Zealand. As a result of Trade Union attempts to gain more rights for film workers, Warner Brothers’ threatened to relocate the film elsewhere. This saw the New Zealand Parliament change the employment status of film workers to self-employed. Such workers are now legally unable to bargain collectively which effectively means they are cheaper than other categories of workers. This amendment raises the question of what countries are prepared to do to get productions to film in their country. In effect, the industry is plagued by countries pandering to film companies.
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Nominees and the Contracts (Privity) Act 1982
(Te Herenga Waka—Victoria University of Wellington, 2010) McKay, Patricia
This paper concerns the nature of “or nominee” clauses in sale and purchase agreements. There has been a long-standing debate about whether a nominee can enforce such a contract under section 4 of the Contracts (Privity) Act 1982 (CPA 1982). The Supreme Court in Laidlaw v Parsonage held that the law on this point was settled, a nominee could enforce the benefit of the contract under section 4 of the CPA 1982. The Supreme Court held that there was no prospect of the nominees succeeding and the objections raised, in allowing a nominee to enforce under section 4, were unconvincing. This paper submits that this area of law was not settled in a satisfactory manner. There were legitimate objections raised in previous authorities that were not sufficiently dealt with in the summary judgment. This paper asserts that the Supreme Court should have allowed the appeal so as to enable these objections to have been dealt with in an agreeable manner.