Institutional Repository at Victoria University of Wellington: Recent submissions

  • Freedom and fairness in retirement villages: An analysis of the regulatory framework 
    Marshall-Mead, Julia (Te Herenga Waka—Victoria University of Wellington, 2018)
    New Zealand’s ageing population has contributed to the rapid expansion of the retirement village sector and will continue to do so in coming decades. It is therefore essential that the regulatory framework governing ...
  • The law on bail: A case for reform 
    Marriner, Brooke (Te Herenga Waka—Victoria University of Wellington, 2018)
    The Bail Amendment Act 2013 came into effect on 4 September 2013. The Act reversed the onus of proof in certain cases: for murder, Class A drug offences, and some specified offences, the starting point is a presumption ...
  • CPTPP’s Investment Chapter: Progressive or a mere reiteration? 
    Major, Toby (Te Herenga Waka—Victoria University of Wellington, 2018)
    In March 2018, New Zealand signed the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP). This moment came after a series of significant events in New Zealand and international politics. The CPTPP ...
  • Seclusion in Mental Health: A Bill of Rights Analysis 
    Khan, Hana (Te Herenga Waka—Victoria University of Wellington, 2018)
    Seclusion has been adopted for decades in mental health facilities in New Zealand to manage patients that are aggressive or exhibiting otherwise disturbing behaviour. Medical evidence proves that seclusion is not conducive ...
  • Ka mate, ka ora rānei? Oranga Tamariki Act not enough to address Māori overrepresentation in state custody and out of home placements - A way forward through Crown-Māori partnership 
    Kapa-Kingi, Eru Ruanui Tia (Te Herenga Waka—Victoria University of Wellington, 2018)
    This paper is a statutory note. It aims to critically analyse some of the incoming amendments to the Oranga Tamariki Act 1989. Those amendments were enacted in 2017 with one of the objectives being to improve Māori ...
  • Proposed resolutions to the controversial standard of gross negligence manslaughter 
    Heath, Ashleigh (Te Herenga Waka—Victoria University of Wellington, 2018)
    This paper begins with a discussion of the history of negligent manslaughter in New Zealand and its development from the standard of ordinary negligence to the current test of a “major departure” from the expected standard ...
  • Bullying at Workplace: A Comparative Analysis 
    Palshikar, Sanket (Te Herenga Waka—Victoria University of Wellington, 2018)
    This is the final research paper, hereby submitted to comply with the requirements of Laws 533, Masters of Law (LLM) programme. This paper highlights the issue of workplace bullying, which is prevalent at workplaces across ...
  • Film Workers in New Zealand: The Contractor Question 
    McGeown, Jeremy (Te Herenga Waka—Victoria University of Wellington, 2018)
    This paper deconstructs the issues surrounding the distinction between employees and contractors in the New Zealand film industry. This paper analyses the relevant legislation and case law. It attempts to break down the ...
  • Triangular employment undermining New Zealand's labour laws 
    Bowater, Esther (Te Herenga Waka—Victoria University of Wellington, 2018)
    This paper explores triangular employment in New Zealand and how it undermines existing labour laws. It examines the existing legislation, how the courts have managed triangular employment within the current framework, the ...
  • The Implementation of International Frameworks on Cultural Practices that Affect Women’s Rights 
    Molea, Jamie (Te Herenga Waka—Victoria University of Wellington, 2018)
    International frameworks which recognise individual rights has always been a difficult issue to solve when dealing with customary practices. This problem is substantially evident when dealing with issues involving gender ...
  • The Recognition and Justifiable Infringement of Indigenous Rights in Canada and New Zealand 
    Hulmann, Daniel (Te Herenga Waka—Victoria University of Wellington, 2018)
    Canada and New Zealand are both nations with substantial indigenous populations, with the Māori in New Zealand constituting around 15 per cent and the Indian, Inuit and Métis peoples in Canada constituting around 4.5 per ...
  • Implementing Indigenous Rights’ Concerns in Corporate Activity 
    Banakas, Théodore (Te Herenga Waka—Victoria University of Wellington, 2018)
    Today, we hear a lot about the companies that need to be more “sustainable” or “responsible”. “Sustainability”: A word that is often pronounced in a lot of different contexts but what does it exactly mean? Is it a ...
  • Giving a dog its teeth back: Reforming the powers of the Malvatumauri in Vanuatu 
    Tabangcora, Beatrice (Te Herenga Waka—Victoria University of Wellington, 2018)
    In the plural legal systems of the South Pacific island nations, there is an ongoing struggle to harmonise indigenous customary law and introduced Western influenced laws. Before colonisation reached the shores of Vanuatu, ...
  • The evolution of telecommunications regulation in New Zealand 
    Paterson, Anna (Te Herenga Waka—Victoria University of Wellington, 2018)
    Telecommunications technology is evolving, consumer preferences are changing, therefore the law that regulates the industry needs to adapt. Acknowledging this need for the law to keep up with ever-changing markets, ...
  • Competing Views on Media Mergers: A Comparative Analysis of New Zealand Competition Law 
    Cotton, Jared (Te Herenga Waka—Victoria University of Wellington, 2018)
    Recent merger activity and academic commentary has renewed public interest in the treatment of media mergers around the world. Yet, it is difficult to formulate robust competition policy for media mergers when there is a ...
  • Regulating the regulators: A comparative analysis of takeover law 
    Boswell, Fletcher (Te Herenga Waka—Victoria University of Wellington, 2018)
    This dissertation examines takeover regulation in New Zealand, the United Kingdom and the United States of America. It outlines the three systems of regulation before seeking to explain why differences exist between ...
  • A Comparison of the Law Relating to Schemes of Arrangement and Takeover Offers in New Zealand 
    Bate, Joanna (Te Herenga Waka—Victoria University of Wellington, 2018)
    Owning shares in a company affords the holder of the shares certain rights against that company. While these rights “may be negated, altered, or added to by the constitution of the company”, shares generally confer on the ...
  • The Benefits of Corporate Social Responsibility on Mergers and Acquisitions 
    Banakas, Théodore (Te Herenga Waka—Victoria University of Wellington, 2018)
    Today, we may identify two important trends: sustainability and Mergers and Acquisitions (henceforth, M&A). In the first place, we hear a lot about companies that need to be sustainable that is to say companies that ...
  • Man vs Machine: Accountability Mechanisms and New Technology 
    Retter, Amelia (Te Herenga Waka—Victoria University of Wellington, 2018)
    Technology is becoming more complex and is increasingly being used in law. Tools to assist in decision making and becoming more complex. It is important to ensure accountability structures keep up with their development ...
  • The Purpose of Remedial Discretion and the Nature of Public Law Rights 
    Miles, Sam (Te Herenga Waka—Victoria University of Wellington, 2018)
    Unlike most litigation, the outcome of a judicial review is not a binary question of winning or losing. Success may involve the applicant being consulted on a decision made afresh which remains contrary to their interests. ...

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