Law: Presentations and Public Lectures

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  • ItemOpen Access
    Family related leave: enforcement issues
    (2018) Masselot AM
  • ItemOpen Access
    Fit and proper but not solvent: the slow development of financial security as a requirement to legal practice in New Zealand
    (University of Canterbury. School of Law, 2014) Finn, J.N.
    This paper will examine the curious disconnect between the character requirements for legal practice in New Zealand in the 19th century and financial support stability or security and the slow progression to a requirement of solvency if an individual was to practice as a barrister or solicitor. The latter was only imposed by sections 24 and 25 of the Law Practitioners Act 1955. The paper will first consider the position of a number of 29 identifiable insolvent lawyers in the 19th century, and how they appear to have been treated by their colleagues and by society generally. It then will examine the circumstances of the passage of the Law Practitioners Act 1892, which mandated the keeping of separate trust accounts, and the influential decision of the Court of Appeal in In re Bruges (1907) 26 NZLR 541. The paper then concludes by examining the reason for the changes made by the 1955 legislation and speculating why such provisions took so long to materialise and why insolvency has been ignored in writing about the New Zealand legal profession. In 1860 the Supreme Court judges were asked by the House of Representatives to report on matters relating to admission to the legal profession. The majority of the discussion is on matters relating to reciprocal admission rights, examinations in New Zealand law and other process issues. Nothing was said about bankruptcy and its effect on rights to practice but the judges specifically referred to the desirability of enacting a clause similar to 6&7 Vic. C 73, s 5. That provision permitted a clerk who had commenced articles with one solicitor to transfer the articles to another employer for the balance of the article period if the first solicitor had “become bankrupt or insolvent or has been in prison for debt for 21 days”. It is therefore obvious that the possibility of a solicitor being bankrupt was well-known and was not regarded as necessarily preventing the first solicitor from continuing to practice his profession.
  • ItemOpen Access
    International Evidence on the Role of Monetary Policy in the Uncovered Interest Rate Parity Puzzle
    (University of Canterbury. Department of Economics and Finance, 2013) Guender, A.V.
  • ItemOpen Access
    Work-Life Balance in New Zealand: Women's rights and obligations to production and reproduction
    (University of Canterbury. Department of Accounting and Information Systems, 2016) Masselot, A.
    For most women, the main route to economic independence is through earning income in the labour market (paid work).  Paid work has far-reaching and positive outcomes for women and their families, as well as being important for growing the New Zealand economy. New Zealand women are participating in the labour market at higher rates than ever before, though patterns of labour market participation vary among women by age and ethnicity.  Internationally our female labour force participation rate is above the OECD average.  The New Zealand labour force participation rate for women is currenlty at 63.7 percent (March 2014).  Men's labour force participation rate is nearly 75 percent. The female unemployment rate is higher than that of men (6.4 percent compared with 5.6 percent for men, as at March 2014).  The unemployment rate is highest for Māori and Pacific women. 
  • ItemOpen Access
    Raising pigs and children in the European Union and New Zealand: A Comparative Legal Approach on Work-Family balance
    (University of Canterbury. Department of Accounting and Information Systems, 2016) Masselot, A.
  • ItemOpen Access
    The 'diffusion' of the EU's values - gender equality law and social policy
    (University of Canterbury. Department of Accounting and Information Systems, 2015) Masselot, A.
  • ItemOpen Access
    What if... all women everywhere were treated the same as men?
    (University of Canterbury. Department of Accounting and Information Systems, 2015) Masselot, A.
  • ItemOpen Access
    Cross-border surrogacy in Asia: the view from New Zealand
    (University of Canterbury. School of Law, 2014) Powell, R.
  • ItemOpen Access
    Notes for RNZ slot from Ursula Cheer (Associate Professor) Canterbury University, 12 October 2011
    (Nine to Noon, Radio New Zealand National, 2011) Cheer, U.
    Ursula Cheer, Associate Professor of Law at the University of Canterbury, discusses the recent Rio Ferdinand decision, a privacy case from the High Court in the UK.
  • ItemOpen Access
    Notes for RNZ slot from Ursula Cheer (Associate Professor) Canterbury University, 29 February 2011
    (Nine to Noon, Radio New Zealand National, 2011) Cheer, U.
    The recent Court of Appeal judgment in the Clayton Weatherston appeal, which raised issues of when a conviction can be overturned because of statements made in the media during trial.
  • ItemOpen Access
    Notes for RNZ slot from Ursula Cheer (Associate Professor) Canterbury University, 7 September 2011
    (Nine to Noon, Radio New Zealand National, 2011) Cheer, U.
    Discusses how UK newspapers the Sun and Daily Mirror were fined for contempt of court for articles published about a man arrested on suspicion of murdering Joanna Yeates.
  • ItemOpen Access
    Using trespass in newsgathering
    (Nine to Noon, Radio New Zealand National, 2010) Cheer, U.
    It doesn’t happen often in New Zealand, but sometimes media use disreputable methods to obtain stories. One of these is trespass. Unauthorised entry on to another’s land is a trespass and is wrongful. The occupier of the land may bring a civil action for damages and, in some circumstances, a criminal prosecution may also result.
  • ItemOpen Access
    Harassment, Privacy and Alison Mau
    (Nine to Noon, Radio New Zealand National, 2010) Cheer, U.
    Privacy has been in the news again. Alison Mau made complaints on the tele that she was being stalked by media. (this was denied). This story involves aspects of spying, or surveillance, and so it is timely to discuss some recommendations made by the Law Commission in its on-going investigation into our laws of privacy (Invasion of Privacy: Penalties and Remedies (Report 113, January 2010).
  • ItemOpen Access
    Singh Case and the Campaign to Reform UK Defamation Law
    (Nine to Noon, Radio New Zealand National, 2010) Cheer, U.
    Recently, the Simon Singh defamation case became a cause celebre in the UK for a push for big changes in defamation law, which might have relevance to our law. However, some aspects of the campaign for change have been misinformed and misdirected. In a number of recent cases in the United Kingdom, professional bodies or companies have sued individuals who have criticised the support given by such bodies for the practices of their members or application of scientific methods. Simon Singh, a science writer, was sued by the British Chiropractic Association for questioning the evidence for its medical claims, and Peter Wilmshurst, a cardiologist, is being sued over his criticisms of an American company’s heart implant trial. A movement has grown up around these cases where concern has arisen about the chilling effects of the law on scientific criticism.
  • ItemOpen Access
    Public interest, Torstar and the Lange Cases
    (Nine to Noon, Radio New Zealand National, 2010) Cheer, U.
    I want to discuss the very recent decision of the Supreme Court of Canada in the Torstar case. The New Zealand leading case in this area, the Lange case, was significantly influenced by the Canadian Charter and by the contemporaneous development of human rights jurisprudence in a number of jurisdictions. Now it seems the New Zealand jurisprudence has played a significant part in this recent development of Canadian defamation law. This important decision has opened up the law of defamation for media in Canada. It also demonstrates nicely how common law systems of law are part of a robust process of fertilisation and cross-fertilisation of ideas, analysis and experience. The Supreme Court used a comparative analysis to reach its decision, by looking at developments elsewhere, including New Zealand. And in turn, this decision could influence where our law goes in the future.
  • ItemOpen Access
    Compelling journalists to disclose sources
    (Nine to Noon, Radio New Zealand National, 2010) Cheer, U.
    Courts continue to struggle world-wide with the issue of whether journalists should have immunity or privileges preventing them from being compelled to disclose confidential sources. There have been few subpoenas issued to journalists over the years in New Zealand but none have resulted in imprisonment. It is apparent police have been reluctant to involve journalists in criminal proceedings and where they have been, courts have worked hard to find pragmatic solutions.
  • ItemOpen Access
    Official Information and MP Spending Details
    (Nine to Noon, Radio New Zealand National, 2010) Cheer, U.
    Today I thought I’d talk about aspects of the law relating to official information, in the light of the ongoing story about release of details of MP’s spending.
  • ItemOpen Access
    Thornton v Telegraph Case and Defamation
    (Nine to Noon, Radio New Zealand National, 2010) Cheer, U.
    Today it’s back to defamation law, that good old stand-by! A lot is happening in this area in the UK, where, as I think I’ve noted previously, there is an ongoing campaign to free up the laws, and where London is being labelled the ‘libel capital’ of the world, a rather exaggerated claim. In any event, listeners might remember the Singh case discussed previously, where best-selling author Simon Singh had published an article criticising chiropractic and the British Chiropractic Association in the Guardian in 2008. When the BCA sued him, all sorts of prominent people, like Stephen Fry, PEN authors, etc, began to call for change to libel laws, although on rather confused grounds, it has to be said. The main complaints appeared to be about the outrageous cost of defending defamation actions, as well as suggestions that it is too easy for non-English nationals who don’t live in the UK to sue there. Singh won his appeal and the case by the BCA has been dropped, but the campaign has continued, with the new coalition government being convinced to support a review of the laws with a view to reform.