Law Papers
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This collection houses research from Te Piringa - Faculty of Law at the University of Waikato.
Recent Submissions
Item Parkins v Parkins(Journal Article, LexisNexis NZ, 2022-06-01) Chevalier-Watts, JulieThis case came about by appeal from the District Court, which dismissed the appellant’s claim. The appellant, Grant Parkins (Grant) declared 25% interest by way of institutional constructive trust over a property in the Marlborough Sounds (the property), which is opposed by his brothers, Steven Parkins (Steven) and Reece Parkins (Reece). Grant states that his interest arises because of his substantial contributions to the property after it was bought by his late father, Morris Parkins (Morris). The property was substantively developed after its purchase. The property had been left in equal shares to the three brothers by Morris in his will. Of note is that the terms of Morris’ will were not challenged in any way by any of the brothers. Whilst this case does not challenge the law of institutional constructive trusts, it provides a useful and instructive summary of the established law and thus adds to the institutional constructive trust narrative. Prior to considering the law, we will first provide an overview of the facts.Item Submission to Environment Committee on Inquiry on the Natural and Built Environments Bill(Other, University of Waikato, 2021-08-04) Daya-Winterbottom, TrevorMaking submissions on the NBA exposure draft is difficult in the abstract, and the right to make further submissions on the full text of the Bill (and related legislation) when introduced into Parliament is reserved. For the reasons given below, the NBA exposure draft does not (as currently drafted) achieve the objectives set out in the terms of reference for the Parliamentary inquiry. Some suggested amendments to the NBA exposure draft are made in this submission. While the terms of reference for the Parliamentary inquiry do not include the counterfactual of amending the Resource Management Act 1991 (RMA) to achieve the stated objectives, an informed and critical appraisal of this approach was covered by Simon Upton in his RMLA Salmon Lecture 2020.1Item Indigenous voices(Conference Contribution, University of Waikato, 2022-07-11) Daya-Winterbottom, TrevorIndigenous people and their communities have a vital role in environmental management and development, and states should (in accordance with principle 22 of the Rio Declaration 1992) recognize and duly support their identity, culture and interests and enable their effective participation in the achievement of sustainable development. This paper will critically analyse the normative influence of tikanga Māori, non-doctrinal methods for discovering tikanga Māori, the special rules for interpretation of tikanga, and the wider application of customary values.Item COVID and streamlining Resource Management(Conference Contribution, University of Waikato, 2020) Daya-Winterbottom, TrevorSimplifying and streamlining environmental and resource management law have been the buzz words of the past decade. My presentation focuses on the trajectory of these legislative developments in the context of New Zealand and the procedural impact of the COVID-19 pandemic.Item COVID-19, RMA reform, and abrogating the Rule of Law(Conference Contribution, University of Waikato, 2020) Daya-Winterbottom, TrevorMy presentation will interrogate the forces that threaten the Rule of Law for the Environment by critically examining the phenomena of domestic moves in New Zealand to streamline and simplify environmental adjudication through the principled lens of administrative law and the New Zealand Bill of Rights Act 1990 (NZBORA). My presentation is focused on three issues.