• A Single Set of Rules for Henry VIII Powers Informed by Their Critiques 

  Stevens, Nicholas (Te Herenga Waka—Victoria University of Wellington, 2023)

  The Henry VIII Power has long been challenged as an objectionable delegation of power to the Executive. Given they are so objectionable, it is surprising that in New Zealand there is no bespoke set of rules to ensure their ...
• The role of the Enka case in the English interpretation of the doctrine of separability 

  Choi, Jieun (Te Herenga Waka—Victoria University of Wellington, 2023)

  Transnational interaction and rise of cross-border commercial contracts have stimulated a large demand for a dispute resolution method that can cater to its needs: international arbitration. The success of international ...
• A Missing Narrative in Civil Disobedience: How does Civil Disobedience Definitions Work in Less Liberal Societies? 

  Young, Gemma (Te Herenga Waka—Victoria University of Wellington, 2023)

  The label of Civil Disobedience holds a significant weight in how people perceive different protest actions. However, the definition of Civil Disobedience has been a point of argument for years. It is unlikely there will ...
• Ancient Civil Disobedience and the Ethos of Fidelity to Truth 

  Shirtcliffe, George Miro (Te Herenga Waka—Victoria University of Wellington, 2023)

  This paper concerns ancient conscientious disobedience, arguing its popular alignment with orthodox civil disobedience theory is misguided. This is due to a conflict of ethoi, namely, the fidelity to truth of antiquity and ...
• The United States Second Amendment and Civil Disobedience 

  Jacobs, Rebecca (Te Herenga Waka—Victoria University of Wellington, 2023)

  Civil disobedience is becoming increasingly relevant as movements across the world emerge in support of what protesters see to be a worthy cause. This has resulted in lengthy debates about what exactly civil disobedience ...
• Tackling Culture and Disobedience: How the 1981 Springbok Tour Can Shape a Model of Civil Disobedience for Aotearoa New Zealand 

  Burton, Sarah (Te Herenga Waka—Victoria University of Wellington, 2023)

  How civil disobedience should be defined is a heavily contested subject, with many theorists having offered various definitions. Civil disobedience, however, is often seen as an American concept. While most definitions ...
• Co-governance or Crown governance? 

  Young, Lucia (Te Herenga Waka—Victoria University of Wellington, 2023)

  This paper examines Māori rights and interests in water resources, emphasising the Crown’s obligation to legally recognise these rights under the Treaty of Waitangi, doctrine of customary title, and international law. The ...
• “Devicive”: Medical Device Regulation and the New Zealand Therapeutic Products Act 2023 

  Young, Hugo (Te Herenga Waka—Victoria University of Wellington, 2023)

  This paper analyses aspects of the Therapeutic Products Act 2023 (“Act”). The Act creates a regulatory regime that oversees medical devices, medicines, natural health products and active pharmaceutical ingredients. This ...
• A Path to Reciprocity: Rebalancing the Tort of Private Nuisance after Fearn v Tate Gallery 

  Winwood, Ryona (Te Herenga Waka—Victoria University of Wellington, 2023)

  The tort of private nuisance finds itself in an erratic state following the Supreme Court ruling in Fearn v Tate Gallery. This judgment has exposed a growing imbalance within private nuisance, jeopardising the principle ...
• Getting a Fair Deal? The Commerce Commission’s Enforcement of Lender Responsibility Principles 

  Windhager, Grace (Te Herenga Waka—Victoria University of Wellington, 2023)

  The lender responsibility principles were introduced into the Credit Contracts and Consumer Finance Act in 2015 and were intended to protect consumers from the conduct of unscrupulous lenders when entering into credit ...
• Leveraging Australia’s Lessons: Finding the balance between functionality and commercial viability of the Customer and Product Data Bill 

  Ward, Ciaran (Te Herenga Waka—Victoria University of Wellington, 2023)

  The implementation of a Consumer Data Right (CDR) in Australia pioneered an economy wide data portability framework, setting a precedent for others to follow. New Zealand is poised to adopt a similar model, and in June ...
• Justified discrimination on the basis of sexual orientation? A critique of the decision in Hoban v Attorney-General 

  Thorton, Olivia (Te Herenga Waka—Victoria University of Wellington, 2023)

  Hoban v Attorney-General displays the shortfall of the New Zealand legal system as it fails to protect people from hate speech based on their sexual orientation. However, it also highlights how the fluid application of the ...
• Physical Privacy in Prison: Why dignity is an inalienable right and how the intrusion tort can protect it 

  Smart, Anna (Te Herenga Waka—Victoria University of Wellington, 2023)

  People incarcerated in psychiatric segregation units in New Zealand prisons are subject to constant CCTV surveillance. Privacy screening in these psychiatric segregation units is prohibited by the Corrections Regulations ...
• Circumventing Chapman: Bad law makes hard cases 

  Singh, Tanmeet (Te Herenga Waka—Victoria University of Wellington, 2023)

  The Supreme Court decision in Attorney – General v Chapman precluded the availability of public law damages in respect of breaches of the NZBORA which occur within the judicial process. Two recent High Court decisions in ...
• The Right to Stay: the scope of the right to enter ones own country as a legal protection for long-term permanent residents deported under Australia’s 501 policy 

  Shadbolt, Jamie (Te Herenga Waka—Victoria University of Wellington, 2023)

  Article 12(4) of the ICCPR states “No one shall be arbitrarily deprived of the right to enter his own country”. Australia's continued practice of using the controversial 501 policy to deport individuals, who for all purposes ...
• Two's Company, Three's a Crowd: A critical analysis of the interpretation of the Property (Relationships) Act 1976 regarding a polyamorous relationship in Mead v Paul 

  Sartie, Cornelia (Te Herenga Waka—Victoria University of Wellington, 2023)

  Designed as a form of social legislation to recognise a spectrum of relationships and promote a just division of assets after relationship dissolution, the Property (Relationship) Act 1976 encounters a challenge highlighted ...
• Amplifying community voice in the alcohol licensing system: The importance of the Sale and Supply of Alcohol (Community Participation) Amendment Bill 

  Ramsay, Margot (Te Herenga Waka—Victoria University of Wellington, 2023)

  In light of political opposition to the Sale and Supply of Alcohol (Community Participation) Amendment Bill, which seeks to remedy issues resulting from the Sale and Supply of Alcohol Act 2012, this paper argues that this ...
• Judges not Politicians: Why Declarations of Inconsistency are not a Discretionary Remedy 

  Pope-Kerr, Thomas (Te Herenga Waka—Victoria University of Wellington, 2023)

  Declarations of Inconsistency (DoIs) are formal declarations that certain legislation is inconsistent with the New Zealand Bill of Rights Act 1990 (the Bill of Rights). In Make It 16 Inc v Attorney-General [2021] NZCA 681, ...
• Fighting Tooth and Nail: Raising the Standard for Justifying Limits on Rights 

  Overfield, Olivia (Te Herenga Waka—Victoria University of Wellington, 2023)

  This paper assesses the complexities arising from the balance of the courts’ duty to protect human rights and safeguard the realm of public disclosure and action, crucial for New Zealand’s representative democracy. ...
• Does Content Count? Constitutionality and Enforceability of Entrenchment Provisions in Aotearoa New Zealand 

  Oakley, Florence (Te Herenga Waka—Victoria University of Wellington, 2023)

  Recent commentary on the enforceability of entrenchment has signalled a marked shift from Diceyan orthodoxy. This emergent view suggests that Parliament is legally obliged to comply with enhanced procedural requirements, ...

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