Te Herenga Waka—Victoria University of Wellington
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Browsing Victoria Law School by Issue Date

Browsing Victoria Law School by Issue Date

Now showing items 1-20 of 82

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 ...
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 ...
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 ...
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 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, ...
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 ...
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 ...
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 ...
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 ...
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. ...
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 ...
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 ...
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 ...
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 ...
With Great Power Comes Great Responsibility: An Analysis of the New Public Interest Defence to Defamation Claims

Awmee, Devesh (Victoria University of Wellington, 2018)

The New Zealand Court of Appeal recently gave judgment in Durie v Gardiner recognising a discrete public interest defence to defamation claims. The defence is a welcome addition to New Zealand’s defamation laws. This paper ...
The role of unjust enrichment in New Zealand

Cooksley, Tessa (Victoria University of Wellington, 2018)

This paper argues that courts should recognise unjust enrichment as a cause of action, mainly due to the structure and discipline this can bring to New Zealand’s private law. This paper explores the historical development ...
Smart contracts in consumer law: Does New Zealand need to wise up?

Ingle, Laurence (Victoria University of Wellington, 2018)

Blockchain-based smart contracts represent a shift towards an automated world. While their immutable and self-executing nature present numerous economic benefits, these characteristics give rise to issues. One of these ...
Negligence in schools: Educating educators about their liability

Fowler, Matt (Victoria University of Wellington, 2018)

Education is one of the most powerful tools a person can have. It allows us to read, calculate, understand, and make decisions. It informs our opinions, our view of others, and allows us to make our way in the world. This ...
Trickle-down assurances: Could the central authority, treaty, or judiciary alleviate extradition issues amongst non-traditional treaty partners?

Wong, Jack (Victoria University of Wellington, 2018)

As New Zealand is facing its first extradition matter with China, it is becoming an increasingly cumbersome matter for the Crown. The current set of diplomatic assurances offered by the Crown in Kim lacks efficient ...