Te Herenga Waka—Victoria University of Wellington
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Browsing Student Research Papers by Issue Date

Browsing Student Research Papers by Issue Date

Now showing items 1-20 of 973

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 ...
A Misuse of Emergency Powers? An Analysis of the Legality of Fiji’s 2006 and 2009 States of Emergency and Public Emergency Regulations

Bentley-Beckham, Carey Amanda (2018)

States of emergency have long been linked with human rights abuses, in particular where the state of emergency is not legitimate under international law. Despite extensive research and reports clarifying the legal framework ...
VISTA, SISTA, & traditional trusts: 'O le fogava’a e tasi

Tabangcora, Beatrice (2018)

When the Panama papers were released, the British Virgin Islands (“BVI”) and Samoa were implicated as the first and sixth most popular tax havens for companies. The BVI are a self-governing overseas territory of the United ...
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 ...
“isms” and Ulterior Motives in Ellen Feldman’s 'Scottsboro'

Chin, Eloise Antonia (2018)

Scottsboro is one of the most significant criminal cases of the twentieth century. Set in the Deep South of the 1930s, the false allegation of rape from two white women against nine black men brought America’s prejudices ...
The Sexual Violence Pilot Court: A Missed Opportunity for a Tailor-Made Solution

Ash, Madeline (2018)

The Sexual Violence Pilot Court (SVPC) seeks to lessen complainant retraumatisation by reducing time delay before trial. This paper posits that the SVPC is a missed opportunity for a legislated, well-planned court with an ...
Commercial Mediation in New Zealand: Towards a Methodology for Measuring Success

McGeown, Jeremy (2018)

This paper attempts to propose a new direction for the empirical study of commercial mediation in New Zealand. Specifically, this paper proposes that a new methodology is required for the measurement of commercial mediation ...
Protecting the vulnerable or advancing medicine? Evaluating New Zealand’s legal framework on non-consensual clinical research

Rassam, Mina (2018)

In New Zealand, a significant tension exists between a person’s right not to be subjected to clinical research without their informed consent, and society’s interest in the advancement of medical knowledge.¹ The impetus ...
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 ...
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 ...
Oranga Tamariki Legislative Reform: an Affirmation of New Zealand’s Commitment to The United Nations Convention on the Rights of the Child?

Conroy, Phina (2018)

The United Nations Convention on the Rights of the Child guarantees basic and fundamental rights for children and young people universally. Since ratification in 1993, New Zealand continues to take steps to bring domestic ...
Digitisation, copyright and the GLAM sector: Constructing a fit-for-purpose safe harbour regime

Coad, Samuel (2018)

Copyright law does not currently align with the legitimate activities of galleries, libraries, archives and museums (GLAMs). The GLAM sector plays a central role in collecting and promoting access to cultural works. ...
Hands off the wheel: Establishing a regime for autonomous vehicles committing the offences of careless, reckless and dangerous driving

Chand, Nikhil (2018)

Autonomous, driverless vehicles are the next frontier in automotive technology. For these vehicles to be an accepted, legally compliant addition to society they must be subject to the driving laws which seek to regulate ...
Enhancing Accessibility: An Objective Assessment of the Availability, Navigability and Understandability of Legislation

Chan, Emily (2018)

Accessibility of legislation in New Zealand has been widely impacted since the establishment of the New Zealand Legislation website, which allows free access to primary legislation and some secondary legislation. This paper ...
A Framework for the Inclusion of Non-Charitable Purpose Trusts in New Zealand Trust Law

Bate, Joanna (2018)

Trusts have been popular since their inception in medieval England.¹ In New Zealand alone, “commentators have estimated that the number of trusts may range up to 400,000”.² Through the “development from century to century ...
Niue Trusts Act: A Potential Tax Evasion Mechanism?

Molea, Jamie (2018)

During the 1990s, Niue worked to establish itself as an offshore financial centre. Niue introduced a series of measures including a Trusts Act that had the capability of enabling foreign settlors to evade tax in their home ...
The Financial Stability Board: The G20’s answer to the Global Financial Crisis

Mara, Joseph (2018)

The collapse of the United States sub-prime mortgage and housing market in 2008 led to the largest financial crisis in modern history. It was described by Dominique Strauss-Kahn, the then Managing Director and Chair of the ...
Bridging the Gap Between the Private and Public Regulation of OTC Derivatives Markets: Analysis of the Performance of the 'Flawed Asset' and Close-out Netting Provisions in the ISDA Master Agreement During the Global Financial Crisis and the Subsequent Regulatory Reforms relating to Central Clearing and Initial and Variation Collateral Margining

Penn, Andrew (2018)

OTC¹ derivatives markets have experienced phenomenal growth since the early days of the markets' development in the late 1970s and 1980s. By December 2008, the Bank for International Settlements reported that the size of ...
Common Article 1 of the Geneva Conventions and the Obligation to Ensure Respect

Graham, Angus (2018)

The obligation to respect and ensure respect is codified by common Article 1 of the Geneva Conventions and in Article 1(1) of Additional Protocol I. The following research essay shall consider the second portion of this ...
Not remotely fair: An examination of audio-visual links in civil proceedings

Fraser, Mitchell (2018)

Audio-visual links (“AVL”) allow parties to appear remotely in court proceedings. The Courts (Remote Participation) Act 2010 (“CRPA”) is the enabling legislative scheme for AVL use in New Zealand. While the scheme strictly ...