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New Zealand Law Students Journal

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Elias, Rt. Hon. Dame Sian --- "Forward" [2009] NZLawStuJl 1; (2009) 2 NZLSJ I

Last Updated: 14 January 2013



This, the 2009 issue of the New Zealand Law Students’ Journal continues the pattern set by earlier issues in the following key ways:

• 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 efforts.

• 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 legal 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 the

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 the exploitation of third world societies by colonial States.

In his insightful article, Ronen Lazarovitch advocates an “expected value” approach to the evaluation of uncertainty in merger clearance 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 of Appeal’s 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 education. The theme of her paper is the need to empower students in modern legal educational institutions.

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 diligently

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 hands.

Dr David Collins QC Solicitor-General

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