New Zealand Law Students Journal
Last Updated: 14 January 2013
DR. DAVID COLLINS QC SOLICITOR-GENERAL OF NEW ZEALAND
This, the 2009 issue of the New Zealand Law Students’ Journal continues
the pattern set by earlier issues in the following key
• There is a very high level of scholarship demonstrated by the
authors of all of the articles published in this journal.
Those who have
written the articles and those who have taught them their legal research and
writing skills are to be warmly congratulated
for the quality of their
• The topics addressed in this issue vary widely. They range from
an examination of the use which Henry VIII made of Acts
of Attainder through to
the problems raised by internet defamation. There has been no reluctance on
the part of most of the
contributors to tackle issues that present
challenges in today’s world for legislators, judges, teachers of law and
practitioners. Some topics addressed in this issue, such as whether New
Zealand should have a written constitution are particularly
vexing. The fact
that New Zealand’s best and brightest law graduates have been willing to
accept the challenge of addressing
these issues is a source of considerable
satisfaction and reassurance.
Rowan Armstrong, who contributed to the 2007 issue of this journal has
provided a thought provoking analysis on the application of
the restraint of
trade doctrine to sports’ governing bodies. His article is particularly
relevant in the modern era of professional
sport in which sports’
administrators frequently attempt to constrain the ability of a sportsperson to
join competing clubs
and compete in different competitions.
Those who appreciate legal history will be intrigued by Matthew
Davie’s remarkable analysis of the use which Henry VIII made of
device known as an Act of Attainder to send his enemies to the scaffold and to confiscate their properties.
William Fotherby has provided a thought provoking article in which he
explains how international law governing mercenaries has aided
of third world societies by colonial States.
In his insightful article, Ronen Lazarovitch advocates an “expected
value” approach to the evaluation of uncertainty in
applications, as an alternative to the “real risk” formula used by
the Court of Appeal in Commerce Commission v Woolworths Limited.
Joshua McGettigan continues the commercial theme in his analysis of the
personal liability of company directors in light of the Court
decision in Body Corporate 202254 v Taylor.
In his article, Nick Mereu focuses on one of the most fundamental
constitutional issues in New Zealand, namely the dilemma of whether
or not we
should have a written constitution. The learned author concludes,
appropriately in my view, that New Zealand’s
unique, unwritten variety of
constitutional arrangements is “happily doing its job”.
The article submitted by Jennifer Moore is compulsory reading for all
university law teachers and others with an interest in legal
theme of her paper is the need to empower students in modern legal educational
The notion of deference in judicial review proceedings has been
carefully examined by Daniel Pannett with particular emphasis
on the application
of the deference concept to proceedings of the Maori Land Court.
Rebecca Rose has courageously and skilfully grappled with the challenges of internet defamation, a topic which jurists and law reformers have struggled to come to terms with in recent years.
The preceding thumbnail sketch of the nine papers in this issue of the
journal cannot give the slightest justice to those who have
crafted their outstanding articles. What the brief outline of these
papers illustrates is the diverse nature of the articles
and that the future of
legal research and writing in New Zealand is in excellent
Dr David Collins QC Solicitor-General