Browsing by Author "Pietschmann, Thomas"
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Item Restricted A Critique of the Draft Class Action Bill: More Legal Protection for Consurmers?(Te Herenga Waka—Victoria University of Wellington, 2010) Pietschmann, ThomasThis paper deals with the use of class actions in New Zealand. First, the origin and development of class actions will be outlined. Then this paper will briefly shed some light on the ongoing reform debate. Before looking at both the current New Zealand approach and the ongoing reform debate, this paper will identify the typical advantages and disadvantages of class actions. The comparative part deals with the German approach in relation to group proceedings. Finally, the paper concludes with welcoming the reform, but also suggesting some amendments.Item Restricted Pseudo-Contracts v Principles of Private Contract Law(Te Herenga Waka—Victoria University of Wellington, 2010) Pietschmann, ThomasThis paper examines the difficulties with regard to the adaption of a rather alien private law technique – private contract law – in terms of the relationship between the administration and the individual citizen, dealing with the administrative needs as well as with the individual citizen’s needs and rightsItem Restricted The Regulation of Credit Rating Agencies in New Zealand from a Pubic Law Perspective: A Necessity to Step in to Regulate?(Te Herenga Waka—Victoria University of Wellington, 2010) Pietschmann, ThomasThis paper critically analyses a potential regulation of Credit Rating Agencies in New Zealand - in light of the financial crisis - from a public law perspective. The main focus of this research is on the question, whether indeed a comprehensive regulation is indicated, or alternatively, whether the power of the markets is able to cope efficiently and sufficiently with the inherent issues of providing credit ratings; in other words, this paper deals with the clash of regulation v self-regulation.