Law: Journal Articles
Recent Submissions
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Professor John Prebble’s Guiding Hand in New Zealand’s Advance (Binding) Rulings Regime
(2021)At first glance, one could be excused for concluding that New Zealand's advance (binding) rulings regime can be traced to a Government budget announcement in 1992. In reality, the early efforts of Professor John Prebble ... -
Posthuman rights struggles and environmentalisms from below in the political ontologies of Ecuador and Colombia
(2021)In a decolonial determination to resist the modern ontological separation of nature from culture, political ontologies and posthuman legalities in Andean Community countries increasingly recognize natural and cultural ... -
The Open Access Law Book in Aotearoa New Zealand: Radicalising the Funding of Future Publishing
(2021)The budgets of university libraries in New Zealand are being squeezed by the costs of subscriptions to works necessary for teaching. This article advocates for a different approach to funding such works. Drawing upon ... -
The Open University and Prison Education in the UK – the first 50 years
(2021)In 2019, The Open University (henceforth, The OU), based in Milton Keynes in the UK, celebrated its 50th anniversary. Since 1971 it has pioneered the delivery of Higher Education in prisons and other secure settings. ... -
COVID-19 Response in New Zealand
(2020)Introduction In March 2020 the New Zealand Government responded to the COVID-19 public health crisis by closing New Zealand’s borders to non-citizens and residents, and imposing a strict four-week lockdown period. These ... -
The Operation and Development of New Zealand's Personal Insolvency Regime in 2020
(2021)This report reviews patterns of use and case law developments in relation to New Zealand’s personal insolvency law regime in 2020. The Insolvency Act 2006 (NZ) governs personal insolvency in New Zealand. The Act is ... -
Problem-Based Learning and International Commercial Dispute Resolution in the Indian Ocean
(Informa UK Limited, 2018)One of the primary challenges for a law lecturer is to take students beyond their own assumptions about the parameters of a subject and provide them with new oppor tunities for exploration and a broader vision to enhance ... -
Ethnicity and engagement in first year New Zealand Law programmes
(Informa UK Limited, 2017)This paper investigated the extent to which the engagement levels of a self-selected cohort of students enrolled in first-year law programmes at three New Zealand universities varied according to ethnicity. When viewed in ... -
Australia, Wet or Dry, North or South: Addressing environmental impacts and the exclusion of Aboriginal peoples in northern water development
(2016)In view of the drive in policy circles to develop northern Australia and the concomitant dependence on water resources this will involve, this article argues that environmental and distributive justice considerations are ... -
The (Human) Rights of Nature: A Comparative Study of Emerging Legal Rights for Rivers and Lakes in the United States of America and Mexico (forthcoming)
(2021)An international consensus of scientific experts is now demanding “immediate action” in response to the environmental, climate, and biodiversity crises. But are our legal and regulatory frameworks equipped to respond ... -
The Role of International Non-Governmental Organisations in the Universal Periodic Review of Pacific Island States: Can 'Doing Good' be Done Better?
(2015)This article explores the benefits and challenges of involvement by international NGOs in the Universal Periodic Review (UPR) of twelve Pacific Island states before the UN Human Rights Council. An interesting feature ... -
Editorial
(2019) -
Professional Negligence in 2018: The Year in Review
(2019)This article reviews some key developments in the field of torts during 2018. As will be seen, a variety of interesting questions have arisen for decision. A number of the cases concern professional persons, and those ... -
The Chapeau: Stringent Threshold or Good Faith Requirement
(2018)The international trading order has lately come under increased pressure: the ComprehensiveEconomic and Trade Agreement (CETA) struggles to pass ratification; the Regional Comprehensive Economic Partnership (RCEP) ... -
Editorial
(2021)In this first issue of the New Zealand Journal of Taxation Law and Policy (the Journal) for 2021 we feature a book review and four articles. The articles cover topics ranging from: the Auckland regional fuel tax; accounting ... -
Multiple Causes of Loss and Claims for Contribution
(2013)In Marlborough District Council v Altimarloch Joint Venture Ltd1 the New Zealand Supreme Court dealt with a number of inter-related questions. These were: whether a council owed a duty of care to purchasers of land in ...