Welcome to the Institutional Repository at Te Herenga Waka—Victoria University of Wellington, New Zealand
This repository contains theses, research outputs and digital collections created by staff and students.
The aim of this repository is to collect and preserve research outputs and digitised content from Te Herenga Waka—Victoria University of Wellington. For publicly accessible research outputs please see Open Access Victoria University of Wellington—Te Herenga Waka. To deposit your thesis consult the library website and use the self-deposit service.
Communities in DSpace
Select a community to browse its collections.
- Past exam papers accessible to staff and students.
- Research papers authored by University staff and students.
- Restricted papers and theses from University staff and students.
- Audio recordings from the Stout Literary Archive.
Recent Submissions
Wrongful Life or Wrongful Law? Legal Narrative in Accident Compensation Corporation V AZ and its Implications for the Disability Community
(Te Herenga Waka—Victoria University of Wellington, 2024-10-13)
In Accident Compensation Corporation v AZ, the Court of Appeal held that a woman with spina bifida has ACC cover, finding that the failure to diagnose the condition in utero constitutes a “treatment injury”, when the mother would have elected to terminate the pregnancy. This paper examines what the judgment reveals about the legal narrative in which ACC is interpreted by the courts. The author points out different potential characterisations of ACC, arguing that the decision is underpinned by a “tort replacement” characterisation, which prioritises cover for those who could pursue a claim in tort. The dominance of this theory of the scheme, the author contends, neglects critical lenses which would inform a more balanced interpretation of the treatment injury provisions. The paper highlights the social and legal issues which arise from the current narrative and suggests that ACC’s focus on compensating those who fit common law definitions of injury undermines the deeper themes behind the Woodhouse Report. It concludes with a call for reform, advocating a shift away from the relational framework of tort law towards a more compassionate and inclusive model of compensation, preferably in the form of an expanded ACC which covers all forms of incapacity.
Credit Where Credit is Due: Buy Now, Pay Later and Evolving Paradigms of Credit Regulation
(Te Herenga Waka—Victoria University of Wellington, 2024-10-14) Mandhan, Sameer
This paper analyses New Zealand’s legal response to the proliferation of Buy Now, Pay Later (BNPL) products, focusing on the legal theoretical framework underpinning the Credit Contracts and Consumer Finance Act 2003 (the CCCFA). It argues that the introduction of the lender responsibility principles into the CCCFA marked a shift, first, toward treating credit more as a consumer good rather than merely a contract, and second, toward a consumer safety paradigm of credit regulation by requiring credit providers to ensure that credit is fit for purpose and safe for consumers. New Zealand’s approach to regulating BNPL, which exempts providers from the obligations to assess suitability and affordability, challenges this paradigm. This paper critiques New Zealand’s regulatory approach, arguing that it fails to adequately protect consumers from the financial harm resulting from the improper extension of BNPL credit. The deviation from the norms of consumer credit regulation lacks justification, both theoretically and practically. Australia’s recently proposed framework is preferable, as it ensures robust consumer protection while remaining responsive to the risk that overregulation could diminish the consumer benefits arising from innovative products like BNPL. Another significant shortcoming of New Zealand’s regulatory framework is its exclusive focus on regulating BNPL as a conventional form of credit. This inclination fails to recognize the true innovation of BNPL, as well as the unique risks it poses – namely, that its design promotes overspending through “frictionless” digital interfaces and gamified elements that exploit consumers' behavioural biases and emotions. This paper contends that merely classifying BNPL within existing models of credit regulation is insufficient. Instead, it recommends innovative regulatory frameworks, potentially incorporating concepts like the United Kingdom’s Consumer Duty, to better address the novel challenges posed by BNPL. Additionally, a regulatory approach targeting both BNPL providers and merchants would ensure more comprehensive consumer protection and hold to account both the parties responsible for driving over-indebtedness. Such solutions highlight the need for New Zealand’s consumer credit law to evolve.
Cleaning Up Greenwashing: an Argument for Pre-Market Verification of Environmental Claims to Empower Aotearoa New Zealand Consumers
(Te Herenga Waka—Victoria University of Wellington, 2024-10-15) Ramsay, Margot
This paper argues that Aotearoa New Zealand should implement a voluntary accreditation regime for environmental claims as well as require mandatory certification for biodegradable and compostable claims. An official ‘Eco Tick’ can signal to consumers which claims are verified, ensuring consumers are provided with adequate and accurate information to shop sustainably. These measures are needed as current consumer law, comprising of general prohibitions of misleading and unsubstantiated representations, will continue to be insufficient at combating greenwashing. Traditionally consumer legislation has been rationalised from an individual welfare paradigm; the need to provide statutory rights to relatively weak consumers, as well as maximise consumer choice. However, to reflect the evolving marketplace, consumer law should aim to empower consumers by enabling them to purchase products which genuinely reflect their preferences of more sustainable consumption. Pre-market verification best ensures this outcome.
A Defence of the Bar Against Posthumous Defamation Claims in New Zealand: Protecting the Pursuit of Historical Truth
(Te Herenga Waka—Victoria University of Wellington, 2024-10-15) Donovan-Grammer, Liv
This paper mounts a defence of the current bar against posthumous defamation claims in New Zealand on the ground that this position best protects the work of historians. Cases and legislation in Europe and elsewhere have recognised the harm that defaming a deceased person can have on their living family members or have explicitly allowed posthumous defamation claims. New Zealand law currently bars the continuation or commencement of defamation proceedings after the death of a party. A cause of action in defamation dies unless judgment or verdict has been entered. Although the origins of the common law rule that a personal right of action dies with the person may be doubted, the rule serves unique purposes in the context of defamation, its significance for historians being the focus of this paper. This paper responds to criticisms of the current bar against posthumous defamation claims. It then provides an overview of various developments in defamation and privacy law affecting historians and argues that these indicate that defamation claims surviving death would impede the creation of historical works. Finally, the paper predicts the likely consequences for historians of permitting claims to be continued or commenced. Allowing the commencement of defamation claims would seriously hinder the work of historians, namely the finding of historical truth, particularly in the absense of a historians’ defence. Overall, maintaining the current common law position would best protect historical works.
Verticality Challenged: The Judiciary’s Duty Under Section 3(a) of the New Zealand Bill of Rights Act
(Te Herenga Waka—Victoria University of Wellington, 2024-10-12) Oakley, Florence
The orthodox “vertical” view of domestic human rights instruments decries their application to “horizontal” relations between private parties, preferring the maintenance of bright-line boundaries between private and public law. However, recent scholarship rejects this approach. This paper likewise reasons that the inclusion of the acts of the judiciary in s 3(a) of the New Zealand Bill of Rights Act 1990 (BORA) has altered the courts’ role, imposing a duty upon the courts to uphold rights in both vertical and horizontal contexts. Nevertheless, few private law cases have employed BORA. This paper calls for a more widespread awareness of s 3(a)’s potential application to private law. It contends that, in respect of the interpretation of private law statutes, ss 4 and 6 overshadow s 3. Moreover, it argues that s 3(a) entitles the courts to evaluate the rights compliance of the common law and, in rare cases, to create new causes of action based on BORA. Rather than comprising an unwanted interference with private law, BORA’s commonplace application to private law will promote coherence of purpose throughout New Zealand law. This will enhance the rule of law and better realise BORA’s purpose of affirming, protecting and promoting fundamental rights and freedoms.