Te Herenga Waka—Victoria University of Wellington
→
Library Home
→
ResearchArchive Home
→
Faculty of Law · Te Kauhanganui Tātai Ture
→
Browsing Faculty of Law · Te Kauhanganui Tātai Ture by Issue Date

Browsing Faculty of Law · Te Kauhanganui Tātai Ture by Issue Date

Now showing items 1-20 of 1055

The negotiator's assembly line

Lee, Victor (Victoria University of Wellington, 2020)

This thesis explores how a weaker negotiating party may be able to effectively manage information as a tool to leverage power imbalances in negotiations. Although these imbalances may never be completely resolved, the ...
The Citizen and the Automated State: Exploring the Implications of Algorithmic Decision-making in the New Zealand Public Sector

Smith, David (Victoria University of Wellington, 2020)

Algorithms increasingly influence how the state treats its citizens. This thesis examines how the New Zealand public sector’s use of algorithms in decision-making brings benefits, but also invites risks of discrimination, ...
Documentary reality television's privacy problem

Newman, Kent (Victoria University of Wellington, 2020)

Documentary reality television is hugely successful. The genre, which includes shows like Police Ten 7, Coastwatch and Border Patrol, consistently outperforms other television formats and fills free-to-air television ...
Using The “Family Violence Flag” To Better Identify Harm Within Families

White, Mereana (Victoria University of Wellington, 2020)

This thesis looks at how the identification and recording of family violence offending in the criminal justice system could be improved. In doing so it examines s 16A of the Criminal Procedure Act 2011, which was introduced ...
The Bona Fide Investor: Corporate Nationality and Treaty Shopping in Investment Treaty Law

Foote, Simon (Victoria University of Wellington, 2020)

This thesis addresses the problem of treaty shopping in investment treaty law. It seeks to illustrate how the problem stems from, and can in part be resolved by, the concept and definition of corporate nationality. It ...
Māori Purposes Acts: Just "washing-up" or more than meets the eye?

O'Meara, Angela (Victoria University of Wellington, 2019)

Māori Purposes Bills were commonly described in Parliament’s debating chamber as “washing-up” bills, which suggested they were considered to be of little importance. This research challenges that perspective. The research ...
The need for a structured approach to extradition between China and New Zealand

Griffiths, Joseph (Victoria University of Wellington, 2019)

New Zealand will increasingly be confronted with human rights issues arising from the extradition of individuals to China due to perceived inadequacies in China’s criminal justice system and the practice of using force to ...
Protection of participants in a proposed treatment-based alternative to prison for men who have sexually assaulted an adult

McGovern, Danica (Victoria University of Wellington, 2019)

This thesis examines the proposed “treatment track” for men who have sexually assaulted an adult. The treatment track would offer community-based rehabilitation as an alternative to imprisonment when a perpetrator pleads ...
Low-Lying States, Climate Change-Induced Relocation, and the Collective Right to Self-Determination

Ross, Nathan (Victoria University of Wellington, 2019)

It is increasingly likely that, due to the impacts of climate change, entire populations of low-lying States – Tuvalu, Kiribati, the Marshall Islands and the Maldives – will need to relocate to other States' territories. ...
Legal Parentage “By Design”: Reimagining Birth Certificates in Aotearoa New Zealand

Ballantyne, Ruth (Victoria University of Wellington, 2019)

This thesis highlights two significant flaws in birth certification and legal parentage regimes in Aotearoa New Zealand that negatively impact children conceived and raised in an array of diverse family structures. First, ...
A framework to guide policymakers on the use of science to inform public health policy and law: Immunisation as a case study

Pishief, Alexander Sebastian (Victoria University of Wellington, 2019)

This thesis examines the incorporation of science into public health policy/law. The key problem that the thesis tackles is the blurring of science and values arguments in the creation of policy/law. To overcome this ...
Beyond accident: A model for the compensation of work-related harm in New Zealand

Duncan, Dawn (Victoria University of Wellington, 2019)

This thesis examines the compensation of work-related injuries and illnesses under the Accident Compensation Act 2001 (ACA). It proposes a set of legislative reforms to enable fairer and more equitable access to compensation ...
A legal framework for sharing customs intelligence through the single window system

Thomas, Bruce (2018)

Some customs agencies are implementing electronic single window systems. These single window systems enable an importer or exporter to digitally transmit their transaction information to the customs administration. The ...
A Constitution for Aotearoa in the context of Parliamentary Sovereignty

Zerbst, Jannik (Victoria University of Wellington, 2018)

This dissertation argues that human rights and constitutional amendment provisions should be entrenched eternally in the course of adopting a formal constitution in New Zealand. This would prevent abuses of powers within ...
Setting the bar for defamation claims in New Zealand: The twin-track approach

Croskery, Emma (2018)

The threshold requirement of reputational harm for bringing a defamation claim needs clarification. Although recent case law shows that a threshold exists, precedents conflict as to what exactly the threshold requires, and ...
Moving beyond consent in data privacy law. An effective privacy management system for Internet services

Betkier, Marcin (Victoria University of Wellington, 2018)

This thesis looks for a way to overcome the failure of consent as a means of addressing privacy problems associated with online services. It argues that consent to collection and use of personal data is an imperfect mechanism ...
Charting the trajectory of intensity of review following Osborne v Worksafe New Zealand

Davies, Siobhan (2018)

The courts have used the concepts of justiciability and intensity of review to restrict access to judicial review where it seemed inappropriate to intervene in executive decision-making. The courts have used these concepts ...
The School Donation Debate: Shining a Light on the Legal Vacuum Behind Persisting Inequality in New Zealand Education

Crichton, Kate (2018)

In the Court of Appeal decision of Attorney-General v Daniels, the content of “the right to free education,” provided for in s 3 of the Education Act 1989, was narrowly defined as a procedural rather than a substantive ...
Reconciliation and self-determination: Incorporating Indigenous worldviews on the environment into non-Indigenous legal systems

Dennis-McCarthy, Nopera Isaac (2018)

Reconciliation and self-determination are two fundamental claims of Indigenous peoples in their relationship with the state. The recent enactment of the Te Awa Tupua (Whanganui River Claims Settlement) Act 2017, and the ...
New Zealand’s Public Trust Doctrine

Hulley, Nicola Jane (Victoria University of Wellington, 2018)

This paper presents an argument that there is a public trust doctrine which is part of New Zealand’s common law. The public doctrine imposes an obligation on administrative decision-makers, with respect to decisions that ...