Te Herenga Waka—Victoria University of Wellington
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Now showing items 1-20 of 82

Accident Compensation in Swiss and New Zealand Law: Some Selected Issues That Undermine the Purpose in Both Schemes

Wampfler Rohrer, Yvonne (Victoria University of Wellington, 2009)

This dissertation analyses selected issues that undermine the coherence and the purposes of the Swiss and New Zealand accident compensation schemes. Unlike other European states the Swiss accident compensation provides ...
"Any evidence" in the Family Court

Hickman, Caroline (Victoria University of Wellington, 2017)

This dissertation examines the origins and justification for the “any evidence” rule which has been a feature of New Zealand family law for many years. The rule provides judicial discretion to admit evidence in the Family ...
Application of the precautionary principle during consenting processes in New Zealand: Addressing past errors, obtaining a normative fix and developing a structured and operationalised approach

Scott, Dale (Victoria University of Wellington, 2016)

The precautionary principle is increasingly being adopted as a legal risk management tool in international environmental law and regulation, especially in the marine context. In fact, over the last 35 years it has been ...
Applying and Developing the Intrusion into Seclusion Tort in New Zealand

Fussey, William (Victoria University of Wellington, 2015)

As new and intrusive ways of invading a person’s privacy become increasingly common, it is important that tort law has a satisfactory way of protecting a person from intrusion. The case of C v Holland in 2012 created such ...
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 ...
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 ...
A builder's duty of care - When should it apply to the directors and employees of companies involved in the creation of defective buildings?

Brittain, Grant (Victoria University of Wellington, 2017)

This thesis considers the issue of when a tortious duty of care to prevent economic loss should be imposed on the company directors and employees who stand behind the complex structure of companies and contracts involved ...
Certification and Regulation of Trade in Biofuels

Thomson, Vivien (Victoria University of Wellington, 2012)

The recent increase in biofuel production and trade has raised concerns about environmental and other impacts, and has prompted some governments to initiate measures to ensure biofuels are produced sustainably. Certification ...
CISG Through the Willem C Vis Moot casebook: Seventeen Years of the CISG Evolution Explored Through Annual Global Discussion

Baide, Ana Barbara (Victoria University of Wellington, 2009)

This paper explores the evolution of the United Nations Convention on the International Sale of Goods (referred to throughout the text as the "CISG" or the "Convention") jurisprudence through the Willem C Vis Moot ("Vis ...
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, ...
Civil Liability of the Police Service under the Tort of Negligence: A Comparison between England, New Zealand and Switzerland

Hulmann, Daniel (Victoria University of Wellington, 2018)

This paper analyses the liability of the police service under the tort of negligence in England and New Zealand as well as the public law liability of police officers in Switzerland, specifically in the canton of Zurich. ...
Claims Made Insurance Policies in New Zealand and Australia: Should New Zealand Enact a Statutory Deeming Regime?

Bourne, Stephen Grant (Victoria University of Wellington, 2012)

A claims made policy protects an insured person or business in relation to claims made against that person or business during the policy period, regardless of when the cause of loss occurred, and regardless of when the ...
Colonisation and Aboriginal Land Tenure: Taiwan during the Qing Period (1684-1895) and the Japanese Period (1895-1945)

Ye, Ruiping (Victoria University of Wellington, 2017)

This thesis is concerned with the land rights of the aboriginal peoples of Taiwan. It explores how under the Qing (1684-1895) and Japanese (1895-1945) regimes, laws and policies regarding aboriginal land in Taiwan resulted ...
The co-management of the Te Arawa Lakes

Harper-Hinton, Julia Kahu (Victoria University of Wellington, 2015)

The restoration of indigenous rights to and interests in their traditional natural resources needs to be accompanied by practical ways in which indigenous values in relation to a resource can be met. Co-management or ...
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 ...
Construction Safety Law

Cornish, James William (Victoria University of Wellington, 1979)

The development of industrial safety law in Britain and New Zealand and the origins of construction, safety law are outlined in Part I. The administration and interpretation of the Construction Act 1959 are described in ...
Copyright law and the freedom of panorama: The right to commercialise photographs of protected works

Sudharto, Alifia Qonita (Victoria University of Wellington, 2014)

Making an unauthorised copy of a copyright-protected work is a copyright infringement, as is making an adaptation or a derivative work without gaining prior consent from the author or authors of the copyright-protected ...
Crown Liability in Tort in New Zealand

Neazor, Daniel Paul (Victoria University of Wellington, 1967)

Direct review by the Courts (e. g . by prerogative writs) of Executive acts and decisions generally provides the individual citizen with a means of overcoming for the future the adverse effects of such decisions and actions, ...
Ctrl + Alt + Delete? Challenges to New Zealand censorship law in the internet age

Kirkconnell-Kawana, Lexie (Victoria University of Wellington, 2016)

This thesis examines the adequacy of the Films, Videos, and Publications Classification Act 1993 as it applies to expression on the Internet. Weaknesses and inadequacies of the statute are identified and contextualised as ...
Cultural Relativity, Human Rights and the International Regulation of Broadcasting

Jack, Andrew Robert (Victoria University of Wellington, 1992)

When a broadcaster broadcasts directly to people living in another state disputes can arise. The audience may find the programmes offensive. The programmes may foment disorder and rebellion and corrupt the values and ...