ResearchArchive–Te Puna Rangahau: Recent submissions

Now showing items 1-20 of 3106

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, ...
Third Party Fundamental Human Rights Erga Omnes Obligations Claims Before the International Court of Justice: A Critique of the The Gambia v Myanmar Decision

Meredith, Finn (Te Herenga Waka—Victoria University of Wellington, 2023)

Can states allegedly committing genocide on their own populace be held responsible in the International Court of Justice (ICJ) by a third-party on a fundamental human rights erga omnes obligations claim? The ICJ recently ...
In Dissent of Dialogue: Why dialogue is a dangerous metaphor for conceptualising declarations of inconsistency in Aotearoa

Nathan, Hannah (Te Herenga Waka—Victoria University of Wellington, 2023)

A declaration of inconsistency allows the higher courts of Aotearoa to formally declare an Act as inconsistent with the New Zealand Bill of Rights Act 1990, a remedy which now requires an executive response and debate on ...
Confronting the Defi Revolution: A Comparative Analysis of the Application of New Zealand's Personal Property Securities Act 1999 to Crytoassets

Mandhan, Sameer (Te Herenga Waka—Victoria University of Wellington, 2023)

The financial sector is being upended. The major disruptor is decentralised finance (DeFi), which eliminates the need for centralised intermediaries by empowering individuals with peer-to-peer digital exchanges. DeFi has ...
Navigating Towards an Airworthy Protection Regime for New Zealand's Airline Passengers

Macey, James (Te Herenga Waka—Victoria University of Wellington, 2023)

Delays and cancellations are a frequent occurrence in air travel, but passenger protections in New Zealand lag behind those in other jurisdictions such as the European Union and Canada. Concerns around airlines’ treatment ...
Advance Euthanasia Directives, Helpful or Harmful?

Knight, Jessica (Te Herenga Waka—Victoria University of Wellington, 2023)

This paper carefully considers whether advance euthanasia directives (AEDs) should be permitted under the current legislative framework in New Zealand. After contemplating various arguments that support and oppose AED ...
Direction of the Copyright Act 1994 in View of Artificial Intelligence

Kim, Jisue (Te Herenga Waka—Victoria University of Wellington, 2023)

This paper aims to support the New Zealand government in the process of reviewing the Copyright Act 1994, to achieve the best outcomes for the New Zealand economy and copyright law. This paper examines four distinct policy ...
Presumed Guilty? Evaluating New Zealand's Pretrial Detention Practices through an International Human Rights Lens

Khusal, Carissa (Te Herenga Waka—Victoria University of Wellington, 2023)

Individuals charged with an offense are often remanded in custody until they appear in court. Hence, their fundamental human rights are being compromised despite not yet being convicted of any crime. These are some of the ...
A Framework for Posthumous Defamation: Ellis v R, tikanga and the impetus for abolishing s 3(1) of the Law Reform Act 1936

Kerbers, Noah (Te Herenga Waka—Victoria University of Wellington, 2023)

This paper considers whether the continued existence of the maxim actio personalis moritur cum persona within s 3(1) of the law Reform Act 1936 should be abolished in light of the Supreme Court’s judgment in Ellis v R. It ...

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