Browsing by Author "Quirke, Nicholas"

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An Analysis of the Balance Struck by the Expropriation Standard in the Trans-Pacific Partnership Agreement
(Te Herenga Waka—Victoria University of Wellington, 2012) Quirke, Nicholas
The Trans-Pacific Partnership Agreement represents a significant stage in New Zealand’s interaction with international investment protections. The negotiation is taking place at point in time where there is an unfavourable climate for investment protections, and a growing body or opponents who suggest that New Zealand walk from the agreement. This paper will evaluate these criticisms and concerns against the modern form of investment agreement that we see in the TPPA. By analysing the text and relevant case law a determination can be made as to who the agreement stands to serve. The concepts of balance will the tool by which the paper will assess whether or not the agreement is in New Zealand’s best interests. The conclusion that the agreement does strike a suitable balance reinforces the direction is taking in these negotiations.
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No Place Like Home: An Analysis of the Courts' Treatment of Residential Property in the Context of Leaky Home Negligence
(Te Herenga Waka—Victoria University of Wellington, 2011) Quirke, Nicholas
The scope of negligence is constantly changing as new and novel situations arise. Negligence has in many jurisdictions become heavily directed towards personal injury claims. With the Accident Compensation Scheme New Zealand Courts have no ability to develop this area?1 The tort offers those who have suffered damage or harm due to the carelessness of another, a method to retrieve compensation. Being canvassed in such a broad enquiry and driven by community expectations it has evolved in New Zealand to deal with the particular concerns of the country.