Courts and tribunals have struggled with how to determine what law governs the arbitration agreement in the absence of party choice. The arbitration agreement, as a separable agreement, is not necessarily governed by the ...
In recent years, a review of the Judicature Act and the introduction of the Judicature Modernisation Bill have enlivened the debate over the structure and character of the New Zealand court system. A key issue that the ...
This paper explores the issues that arise from the surveillance of digital communications at the workplace and how New Zealand has addressed these issues. To achieve that purpose, this paper explores the two prevalent ...
Internationally, and across many jurisdictions, there is a tension between the rights of individuals to have their privacy respected and the roles and responsibilities of Government in relation to how it protects these ...
This essay evaluates whether private prosecutions remain a safe and useful mechanism in the modern New Zealand criminal justice system. It argues that private prosecutions are an important constitutional safeguard against ...
This paper addresses the problem of misdeclaring container weights, which causes accidents on land and sea, with serious consequences. It reviews the current international and New Zealand domestic law, and the plan to ...
The Judicature Modernisation Bill 2013 re-enacts the operative provisions of the Judicature Amendment Act 1972. This paper analyses the re-enacted provisions, concluding that the reform will be largely successful relative ...
The Commerce Commission is currently reviewing the proposed merger of Fairfax NZ Limited and NZME, which would see nearly 90% of New Zealand’s newspaper market held by a single company. However, it is unclear that the ...