Editors --- "Recent Research" [2000] VUWLawRw 45; (2000) 31(4) Victoria University of Wellington Law Review 909

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ACCIDENT COMPENSATION
Annandale, Jayson	What does section 8(2)(d) of the Accident Rehabilitation and Compensation Insurance Act 1992 mean for parties who have suffered a personal injury covered by the Act as a consequence of another's treatment for a personal injury which is also covered by the Act?
Gelston, Cara Anne	Personal injury and medical research: an analysis of section 5(8) Accident Rehabilitation and Compensation Insurance Act 1992.
Lynch, Rachael Jane	Consent under the Accident Rehabilitation and Compensation Insurance Corporation Act 1992: a fundamental breach of a claimant's privacy.
BANKING LAW
Whimp, Matthew Peter	Mandatory vs voluntary disclosure of investment products and misrepresentation: testing an aspect of the argument.
BILL OF RIGHTS LAW
Crook, Andrew	Legal discrimination: an examination of the processes used by the judiciary to determine the existence of discrimination under section 19 of the Bill of Rights Act 1990.
Holland, Christopher	Is this an incinerator permit I see before me?: section 3(b) of the New Zealand Bill of Rights Act 1990.
Smith, Melanie J F	Searching for the balance: administrative searches and the New Zealand Bill of Rights Act.
COMMERCE
Williams, Susan M	It’s not whether you win or lose but how you play the game: abuse of process and the Commerce Act 1986.
COMPANY LAW
Allan, Barry Craig	Contracting with companies: ostensible authority and section 18 Companies Act 1993.
Barker, Susan D	The wisdom of Salomon?: the tort duties of directors of one-person companies.
Crofskey, M	Duties of controlling shareholders: beyond the Companies Act what else is there?
Durham, James	The correlation of control and liability in the regulation of corporate groups: holding and subsidiary company management under the Companies Act 1993.
Matsis, Timothy	Weighed in the balances: a comparative evaluation of the policy and recent developments in New Zealand securities law.
Ogden, Richard	Life insurance law: New Zealand and Australian disclosure and reporting requirements and statutory funds and directors' duties.
Stallard, Jaron Mark	Transactions having preferential effect: construction, application and scope of section 292 of the Companies Act 1993.
COMPETITION LAW
Barrett, Peter Declan	Co-opetition.
Cheetham, Matthew	I say "unfair competition law", you say "shiteki dokusen no kinshi to kosei torihiki no kakuho ni kansuru horitsu": an analysis of Japanese competition law issues in the international arena.
Watkins, Amanda	Pharmac and the Commerce Act: competition issues in New Zealand pharmaceutical markets.
CONTRACT LAW
Dann, Christopher	"Oppressive" contracts: the case for change.
Faull, Megan	Implied terms and distress damages: taking Addis into the new millennium.
Meo, Tristan	A contractual duty of good faith in negotiations.
Smith, Benjamin Morrison	An analysis of loss of a chance damages.
Wellik, Sidney F	Enforceability of gaming and wagering contracts: a right of redress for gambling consumers.
CRIMINAL LAW
Carter, Nicole	Corporate manslaughter: using the criminal law to modify corporate behaviour.
French, Susan F	Victim v offender: a new paradigm of criminal justice?
Gould, Joanna	The use of parole in determinate sentencing: some contemporary issues.
Harrison Dinniss, Heather A	Electronic money in New Zealand: smart cards and digital cash.
McKenzie, Sarah E	Providing financial redress for victims of violence.
Miller, Sarah	The police detention legal assistance scheme: the case for lawyers as adversary.
Parker, Crichton Hanley	The Parole Board and structured decision making: SDM or S&M?
Vincent, David	The private provision of policing: determining when to outsource police functions.
DISPUTE RESOLUTION
Chan, Rachel Kaye	Disputes tribunals: the role of referees.
EMPLOYMENT LAW
Cairns, Joanne	Improving protections for applicants and employees subject to drug testing in the workplace.
Dew, Maria J	Beyond traditional collective bargaining: toward partnership organisations.
Loveridge, Fiona	The theory and practice of equal employment opportunities (EEO) in New Zealand: where to next?
McDonald, Claire	The employment contract and non-standard work: is the employment contract an adequate basis on which to allocate employment rights?
Reuvecamp, Iris	A closer look at the procedural fairness rule with regard to unjustifiable dismissals: a need for reform?
Turnbull, Darren P	Natural justice, employment contracts and redundancy compensation.
White, David M	A right to redundancy compensation in New Zealand? An analysis of the rationales and philosophy underlying redundancy payments.
ENVIRONMENTAL LAW
Anton, Katherine	Nuclear waste shipping and the boundaries of international law .
Gorman, Rachel	The legal status of polar ice.
Tucker, Philippa	The climate change dilemma: environment or economics?
Walls, Lucy C	Environmental regulation without compensation: can Parliament see the wood for the trees?
EVIDENCE
Cunningham, Sonia	The need for a formal identification procedure in New Zealand.
Hudson, Alexander	Expert psychological opinion evidence on eyewitness testimony: an analysis of the extent to which such evidence is required in New Zealand and the appropriateness of the current laws regarding its admissibility.
Smith, Katherine	Reforming the law: making spouses compellable witnesses.
FAMILY LAW
Kennedy, Giles	The effect of the Matrimonial Property Amendment Bill 1998 on the treatment of debt under the Matrimonial Property Act 1976.
McKenzie, Sarah E	Family group conferences and the empowerment of families and victims.
HUMAN RIGHTS LAW
Hoon, Corina Delicia	Fundamental norms and customary international law in judicial review: an alternative justification for domestic enforcement of international human rights norms in Tavita.
Jacobs, Jacques F	Transsexualism and the Births, Deaths, and Marriages Registration Act 1995.
Jones, Hilary	Parental physical discipline, the United Nations Convention on the Rights of the Childs and suggestions for law reform.
INDIGENOUS PEOPLES LAW
Davis, Catherine	The settlement of Maori fishing rights under the Treaty of Waitangi: can it meet Maori's expectations?
Gelston, Cara Anne	Parliamentary process and principle: enactment of the Maori Reserved Land Amendment Act 1997/1998.
Huppert, Angela	In Re the Marlborough Sounds foreshore and seabed: the effects of the Maori Land Court decision on the Crown, Maori and the public of New Zealand.
Lemin, Jae	Making waves: conceptions of aboriginal title in the Marlborough Sounds foreshore and seabed.
Malthus, Christie	Treaty and tractors: Maori reserved land leases under the Maori Reserved Land Amendment Act 1997.
Mouton, Angela Rae	Customary harvesting: harmonising conservation obligations and indigenous rights to natural resources.
Potaka, Tama William	Local government Treaty of Waitangi obligations.
Rasmussen, Simone Teina Annabella	Custom & tenure in the Cook Islands.
Trainer, Richard	Maori and the seabed: case note of Re Marlborough Sounds.
INTELLECTUAL PROPERTY
Barker, Susan D	Trade marks: is it possible to transfer ownership retaining the right to use?
Belt, Karen	Shrink-wrap licences, mass market software and de facto intellectual property.
Cheetham, Matthew	You go back Jack, and (maybe you can) do it again: the potential for future conflict between subconscious copying and originality in music copyright law.
Cheetham, Matthew	An introduction to Japanese patent law: the international concerns and recent developments.
Coull, Matthew J	New Zealand's approach to parallel imported goods following the Copyright Amendment Act 1998: was such a fundamental change to the Copyright Act 1994 necessary and was the correct approach taken?
Lloydd, Marnie	"No trade, no trade mark": non-use intent to use and duplication in the trade marks registration system.
Matsis, Timothy	All washed up: trademark dilution and the protection of famous names in the United States and New Zealand.
McCarthy, Amy Catherine	Intellectual property rights within the New Zealand university.
Ross, Sarah Louise	Remedies for patent infringement: issues concerning damages in New Zealand.
INTERNATIONAL LAW
de Feijter, Charlotte	From executive freedom to accountability: changes to New Zealand's international treaty-making process.
Harrison Dinniss, Heather A	Global conflict resolution in the post Cold-War era: new actors, new processes, new concepts.
Harrison Dinniss, Heather A	In defence of humanity: collective humanitarian intervention: a duty to intervene?
Hoon, Corina Delicia	One country, two systems: an examination of the division of powers between the centre and the Region in relation to the Basic Law of the Hong Kong Special Administrative Region.
Hubbard, Dmitri M A	Inadmissible reservations to international treaties: creating fairness out of ambiguity.
Taumoepeau, Alisi Numia	A constitutional breach of culture: Minister of Police v Akilisi Pohiva and Others (1997) Court of Appeal, Tonga.
Williams, Anthea	Re LYB: the intersection of China's on child policy and the New Zealand refugee laws.
Young, Margaret Linda	The quest for equality: the arguments over minority mother-tongue education in international and New Zealand law.
JUDICIAL REVIEW
Daly, Nicola	Is judicial review being watered down?: the justification for judicial review and its application in recent New Zealand decisions.
Scholtens, Mary	Judicial review of central government in the 1990s: is it promoting good administration?
LEGAL HISTORY
Powles, Michele	Introduction, evolution and equality?: a legal history of the New Zealand jury system.
LITIGATION
Inglis, Christina C	"The tortoise and the hare": decisions under R626 of the High Court Rules and the Judicature Amendment Act: a need for reform.
Jamieson, Megan Sarah	Innes v A-G: is this finally the end of the civil jury in New Zealand?
MEDIA LAW
Gargan, Paul	In search of a policy model for converging media.
Gargan, Paul	The future of competition law in a converged communications environment.
MEDICAL LAW
Gaffaney, Nicola M	From postnatal compensation to prenatal protection: a missed opportunity for the judiciary?
Gaffaney, Nicola M	Which way for disease control?
Holland, Christopher	No soul to be damned, no body to be kicked, but a life to be preserved?: the allure of voluntary administration for New Zealand.
Ireland, Sarah	The rights of a family to the body and body parts of a deceased relative: can a hospital be liable for nervous shock induced by a failure to deal with body parts in a culturally appropriate manner?
Kitchenman, Pamela S	Wrongful birth: cause for celebration or compensation: recovery of child-raising damages.
Kitchenman, Pamela S	Genetic privacy: why the big secret? The potential for genetic discrimination in insurance.
NATURAL RESOURCES LAW
Mare, Beatrice	Does the Crown Minerals Act 1991 and its associated policies encourage petroleum exploration?
Smith, Stephen M	The international legal regime applicable to transboundary watercourses.
Tucker, Philippa	Part IIIA Forests Act: takings without a takings doctrine and the need for compensation.
Upston-Hooper, Karl	The invisible hand grabs the invisible resource: radio spectrum in a jurisprudential context.
PRIVACY LAW
Booth, Deborah Louise	The Privacy Act 1993: intruding on the privacy interests of victims of sexual abuse.
Dixon, Hamish Alexander	We know who you are, and we know what you want: information privacy and the use of profiling within direct marketing.
Parker, Crichton Hanley	At the cross roads: the future of privacy protection in New Zealand.
PROPERTY LAW
Foster, Brigid Jane	Rationalising the defence of property in New Zealand.
Hayes, Josie	Expropriation and the multilateral agreement on investment: constitutionalising the private property rights of foreign investors.
Muir, Natalie Helen	The Conveyancers Bill: a proposal to bring greater competition into the supply of conveyancing and real estate services.
PUBLIC LAW
Finlay, Hamish	Speed versus deliberation: the use of urgency in the New Zealand Parliament 1987-1996.
MacKay, Andrea	A bridge too far?: rule-making at the CAA, LTSA and MSA.
McGregor, Angus	Public law - private law: rationalising the distinctions.
Reaich, Carl	Administrative law damages and public law compensation: remedies for administrative wrongdoing.
Rushbrook, Emmeline Julie	A challenge to "inherited" institutions: a discussion of a Maori legislative body and constitutional change.
Shakespeare, Leon Joseph	Misfeasance in public office: is the law "clear"?
Theron, Liesle	The Complaints Review Tribunal: a study of an administrative tribunal.
Thompson, David	Public law dimensions of the health reforms: rationalism and rights meet the issue from hell: how the governmental drive for economic rationalism and the popular call for rights have reshaped the health and disability constitution between 1991 and 1998.
Turnbull, Darren P	Misfeasance in a public office.
REGULATION OF INDUSTRY
Yurkowski, Alexandra	Powerful reform: restructuring the New Zealand electricity industry.
SPORTS LAW
Haggie, Mary Anne	The judicial disciplinary procedures of the New Zealand Rugby Football Union.
TAXATION LAW
Deligiannis, Maria	A look at the impact of tax law and policy on employment decisions.
Woodnorth, David B	Governance of the tax system hits the nineties: the introduction of a "care and management" regime to New Zealand.
TORT LAW
Findlay, Stanley David	The view of private nuisance from Canary Wharf.
Freedman, Michael	Minorities and honest opinion.
Kalderimis, Daniel	Who, then, is my neighbour really? Contractual relational economic loss in New Zealand
Mahuika, Airihi	Introducing new torts: the factors required and how they explain privacy's success.
Mills, Fiona Melanie	Lange v Atkinson: analysis of the extension of qualified privilege.
Peacock, Kylie Frances	Recognising the difference: an analysis of the concurrent use of tort and fiduciary obligations.

ACCIDENT COMPENSATION
Schmidt, Rachael Elizabeth	Liability under the Accident Insurance Act 1998: the end of community responsibility.
Wilson, Adele Glenys	Accident Insurance Act 1998 section 396: an effective piece of legislation?
BANKING LAW
Spratt, Amanda	Taking an interest in birkenstocks and beer steins: a comparison of the personal property securities regimes in Germany and New Zealand.
BILL OF RIGHTS LAW
Burns, James Robert	The meaning of "search or seizure" within section 21 New Zealand Bill of Rights Act 1990.
Coleman, Jedediah Lang	The right to peaceful assembly and selected New Zealand bylaws.
Mason, Michelle A	The prima facie exclusionary rule: a time for reflection.
Saunders, Katharine Louisa	Scandalising the court and freedom of expression.
COMMERCE
Giles, Brendon Daniel	The Fair Trading Act damages dispute.
Hubbard, Dmitri M A	Conflicts of interest in the trans-Tasman trade relationship: a public choice analysis.
Sampson, John Bruce Oliver	Electronic signature laws: providing the framework for secure electronic commerce.
COMPETITION LAW
Basile, Janine Alexandria	Competition in the local loop: a problem with competition law or with politics.
Booth, Deborah	The meeting of competition law and the New Zealand gas industry.
Crook, Andrew	A constraint analysis of market definitional issues under the Commerce Act 1986.
Kennedy, Giles	From "overkill" to "underkill": is reform of Section 29 of the Commerce Act 1986 required?
Murray, Brian	The geometry of franchising: a comparison of the treatment under the Commerce Act 1986 and the Treaty of Rome 1957 of some of the vertical and horizontal restraints found in franchises.
Plumley, Sarah	United States v Microsoft: potential outcomes under American and New Zealand jurisdictions.
Preston, John	Health services and competition law.
Rasmussen, Simone Teina Annabella	Crossing the Styx: the case of the prime necessities doctrine in New Zealand.
Wellik, Sidney F	Sounding the death knell for the essential facilities doctrine in New Zealand.
CONTRACT LAW
D'Aboville, Severine	The formation of contract: comparative study France - New Zealand.
CRIMINAL LAW
Henry, Joni	The Proceeds of Crime Act 1991 and the exercise of discretionary power.
Moreland, Jane Louise	Justice in jeopardy?: the relationship between confiscation orders and sentencing under the Proceeds of Crime Act 1991.
Powles, Michele	The New Zealand Community Magistrates Scheme: whose community and what involvement?
Smith, Heath Daniel	Provocation: problem of the morally innocent victim.
DISCRIMINATION LAW
McGrath, Jacey Karryn	Sexual harassment claims under the Harassment Act 1997: a feasible option.
Rowden, Thalia	Deceived by ornament: an evaluation of indirect discrimination law in New Zealand.
EDUCATION LAW
Walls, Hayley	Sections 11A-Q of the Education Amendment (No 2) Act 1998: enrolment schemes: practical effects and implications for the education market.
EMPLOYMENT LAW
Inwood, Megan Jane	Stress: the new employer liability.
Keane, Rachel Mary	Paid parental leave: an idea whose time has come?
Kinley, Shane	Do judges and legislators see employment as a special relationship or is it just another contract?: the application of public choice theory to employment law in New Zealand.
McKinnon, Heather	A public choice perspective of the Paid Parental Leave Bill: the use and abuse of neoclassical economic theory.
Nelson, Ross	The implied term of trust and confidence: the change in approach of the Court of Appeal to the requirement to pay redundancy compensation.
Williams, Anthea	Public law models for the implementation of paid parental leave.
ENVIRONMENTAL LAW
Mouton, Angela R	Pacta sunt servanda: understanding cooperation and defection dynamics in international environmental law.
ETHICS
Bunting, Matthew	Conflicts of interest and Chinese walls: Prince Jefri Bolkiah and New Zealand.
Ewing, Mark	A man for all seasons: conscience and the law.
FAMILY LAW
Freedman, Michael	From the rock to the sand: the paramountcy principle and fundamental freedoms.
Hutchison, Megan Louise	Giving, withdrawing and dispensing with consents before and after the Adoption Act 1955: history, criticisms and options for reform.
Inglis, Christina C	Wardship: resourceful remedy or remedy of last resort?
Jamieson, Megan Sarah	Cinderella versus the Brady Bunch: towards a coherent family law policy for step-parents in New Zealand.
Morrison, Kris	Limitations on access to property orders under the proposed De Facto Relationships (Property) Bill: to whom will it apply?
INDIGENOUS PEOPLES LAW
Ireland, Sarah	Bioprospecting and the rights of indigenous peoples.
Thompson, Rhonda	Adopting reality: the case for legal recognition on Maori customary adoption in New Zealand.
Yurkowski, Rachel	"We are all here to stay": addressing aboriginal title claims after Delgamuukw v British Columbia.
INTERNATIONAL LAW
Ballard, Joseph	Why might Pinochet go free?: jurisdictional questions in extradition law and the impact of the case in New Zealand.
De Feitjer, Charlotte	Innocents lost: searching for a solution to combat the use of children in armed conflict.
Francis, Kim Charles	Sovereign immunity in New Zealand after Pinochet.
Kember, Sarah Margaret	The United Nations Convention on the Rights of the Child: extension to Tokelau.
Murphy, Sarah L	The Pinochet judgement: new accountability for old dictators.
JUDICIAL REVIEW
Barsi, Mauro	The great escape: a hard look at judicial review unreasonableness.
JURISPRUDENCE
Jacobs, Jacques F	The fallacy of neutrality: the heterosexuality of the law.
Warner, Samantha Eleanor	As if: the story as useful legal scholarship.
MEDICAL LAW
Baber, Catherine Hannah	Disclosure: the right to be informed of the risks inherent in medical treatment.
Carter, Nicole	The doctor/patient relationship: to what extent can it be governed by fiduciary law?
Gorman, Rachel A	Medicinal cannabis: casualty of the drug war.
Gould, Joanna	Legal frameworks governing surrogate motherhood.
Hayes, Josephine Marie	Managed health care: a look at the economic, ethical and legal aspects.
Kyriak, Michael	Are there adverse health effects from cell sites? an analysis of the recent Shirley Primary School case.
McLean, Kathryn	Children and competence to consent: Gillick guiding medical treatment in New Zealand.
Mulgan, Roderick	Psychiatry, law, and the insanity defence.
Schneller, Alison M	Coroner's role in preventing deaths related to medical treatment.
Smith, Katherine Rebecca	Genetic screening and genetic testing: regulating the future of medical diagnostics.
Stewart, James G	Taking youth suicide seriously: schools, families, health professionals and the law.
Wallach, Sacha	Resource constraint and the right of the mentally disordered to receive appropriate treatment.
Warner, Samantha Eleanor	Utilitarianism vs individual rights: has the Mental Health (Compulsory Assessment and Treatment) Act 1992 struck the right balance?
NATURAL RESOURCES LAW
Anton, Katherine	Ocean floor resources: the wider effects of fisheries management.
Clarke, Irene	Over-regulation in the New Zealand planning system: is it inevitable under the Resource Management Act?
Fraser, Ruth Naomi	A question of precedent: the possibility of an improved resource consent process under the RMA.
Huppert, Angela	Renewable energy policy in New Zealand and its inability to facilitate the further development of renewable energy.
Spratt, Amanda	Running off the smell of an oily rag: will Maori claims to petroleum have enough gas?
Stannett, Charlotte	Maori customary fishing rights: the McRitchie case.
PRIVACY LAW
des Tombe, Michael	"Get that camera out of my face!": a look at children, privacy and the broadcasting standards.
Evans, Katrine	Privacy and publicity: restraining abuses of power in New Zealand.
PROPERTY LAW
Armstrong, Daniel	The mortgagee remedies of entry into possession of receivership: ancient equity meets modern statute.
Barsi, Mauro	The buck stops here: the economics of property division and the Matrimonial Property Act 1976.
Dixon, Hamish Alexander	Nobody's body: property rights in human bodies and body parts.
Keeper, Patricia	The division of de facto property: the present and the near future.
Meo, Tristan	Protecting biodiversity on private land and property rights in New Zealand.
Riddiford, Dan	Takings: a return to principle.
PUBLIC LAW
Barrie, Kirstin	Balancing security and accountability: SIS legislation and recent amendments.
Coull, Matthew J	"Changing lanes to avoid the potholes": looking deeper at the reform of New Zealand's roading system: driven by economic rationalism or an example of public choice theory in action?
Ewing, Mark	Ministerial accountability for Crown entities.
Gifford, Susan	Playing by the new rules: a critique of the 1996 standing orders in New Zealand's House of Representatives.
Inglis, Christina C	Deemed regulations: an excess of delegated legislation?
Jerebine, Sarah	A threat to democracy? deemed regulations and the process of consultation.
Meikle, Adrienne	Public choice theory and privatisation of prison management in New Zealand: a "prisoners' dilemma"?
Shakespeare, Leon Joseph	Ivory towers and office blocks: public law perspectives on the tertiary education reforms 1988-1998.
Wood, Nicholas Stuart	The courts and constitutional breakdown in Mitchell and Others v Director of Public Prosecutions and Another: democratic idealism or political pragmatism?
REGULATION OF INDUSTRY
Ewing, Mark	Scarecrows: a comparison of the light handed regulation of the telecommunications and electricity industries.
Finlay, Teresa	Genetically modified foods: the mandatory labelling debate.
Kalderimis, Daniel	Pure ideology: the "ownership split" of power companies in the 1998 electricity reforms.
MacIntosh, Leslie	Private law duties and public law obligations in the regulation of civil aviation safety.
Sharif, Samantha	The failure of aviation safety in New Zealand: an examination of New Zealand's implementation of its international obligations under Annex 13 of the Chicago Convention on International Civil Aviation.
SPORTS LAW
Haggie, Mary Anne	"Stronger, bigger, faster - so in charge?": women, sport and the law: the gendering of sport in New Zealand.
TAXATION LAW
Bourne, Stephen Grant	Towards uncertainty?: Wilson and Horton Ltd v Commissioner of Inland Revenue revisited.
Deligiannis, Maria	An analysis of the business profits article contained in double tax treaties.
TORT LAW
Alderdice, Joanna	The abandonment of the search for principle: the House of Lords decision in White and Others v Chief Constable of South Yorkshire and Others.
Campbell, Fiona	Electromagnetic radiation, trespass to land, and the Shelfer test.
Geuther, Thomas	The search for principle - the Government's liability in negligence for the careless exercise of its stautory powers.
Singh, Pravina	Apportioning contributory negligence: Gilrose Finance Limited v Ellis Gould.
TRUSTS
Barsi, Mauro	A trust is a trust, of course of course?: the Limitation Act 1950, Section 21 and the constructive trust.

Victoria University of Wellington Law Review

Editors --- "Recent Research" [2000] VUWLawRw 45; (2000) 31(4) Victoria University of Wellington Law Review 909

RECENT RESEARCH