Research Commons

Browsing Law Papers by Submit Date

Research Commons

Browsing Law Papers by Submit Date

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  • Wallace, Philippa Jane; Fluker, Shaun (Faculty of Law, University of Auckland, 2016)
    The need to protect threatened species and facilitate their recovery to viable population levels enjoys widespread international support, but it is the domestic legal rules of individual nations that will implement ...
  • Wilson, Margaret; McGregor, Judy; Bell, Sylvia (LexisNexis Butterworths, 2015)
    Although New Zealand has traditionally relied on 'progressive realisation' of economic, social and cultural rights (ESCR) through public policy decision-making, recently there has been a small number of cases relying on ...
  • Alvarez-Jimenez, A (2014)
    Security Council Resolution 1373, adopted in the aftermath of the 9/11 attacks and “recognizing the inherent right of individual … self-defense,” was regarded as having expanded the scope of Article 51 to cover armed attacks ...
  • Chevalier-Watts, Juliet (Oxford Journals (Oxford University Press), 2016)
    New Zealand, as in other jurisdictions, has a range of recognized trusts that would be familiar to many. These include express trusts, resulting trusts, constructive trusts, and charitable trusts. Perhaps more unfamiliar, ...
  • Liao, Zhixiong (2015)
    This paper is to reconsider and raise doubts over the seemingly prevailing view that illegality in the underlying contract for international trade should be accepted as an exception to the autonomy principle of documentary ...
  • Manyam, Joel (2015)
    The landmark New Zealand Court of Appeal decision in New Zealand Maori Council v AttorneyGeneral [1987] 1 NZLR 641[SOE Case] marked a watershed in New Zealand's jurisprudence concerning the relationship between the Government ...
  • Liao, Zhixiong (Inderscience Publishers, 2015)
    A scheme called 'real name registration of information network users' is required to be implemented in China by the end of June 2014. Presumably this scheme is based on the NPC Standing Committee's latest legislation on ...
  • Martin, Betsan; Vaioleti, Timote Masima; Ngatai, Tina; Morrison, Sandra L. (2015)
    Education for Sustainable Development (ESD), now often referenced to Education for Global Citizenship has a new platform for implementation through the Global Action Plan and the Aichi Nagoya Declaration. The Global Action ...
  • Liao, Zhixiong (Scientific Research, 2014)
    Recently, an Amendment Act (“the Amendment”) was made to China’s core legislation on consumer protection—the Consumers’ Rights and Interests Protection Law (“Consumer Protection Act 1993”). The Amendment comes into force ...
  • Chevalier-Watts, Juliet (Thomson Reuters, 2015)
    I have long been an admirer of the work of Matthew Harding, and it would not be unreasonable to say that I have quoted from his publications on a fair few occasions I So I was greatly honoured and delighted to be asked to ...
  • Chevalier-Watts, Juliet (LexisNexis NZ Limited, 2010)
    In order for a trust to be recognised as charitable in law, it must meet the following criteria (Andrew Butler (ed) Equity and Trusts in New Zealand (2nd ed, Thomson Reuters, 2009) at 273): i) Under law be deemed charitable; ...
  • Chevalier-Watts, Juliet (LexisNexis NZ Limited, 2011)
    Although the exact origins of Freemasonry are long since lost, its history can be traced back to as early as the Middle Ages and to highly skilled stonemasons who formed themselves into lodges to protect their skills and ...
  • Chevalier-Watts, Juliet (LexisNexis NZ Limited, 2015)
    On the 3rd December 2014, the Supreme Court closed the chapter on an ongoing family dispute concerned with a piece of land in Auckland; the dispute was between the ex wife and the widow against their sister in law. The ...
  • Chevalier-Watts, Juliet (LexisNexis NZ Ltd, 2014)
    The question for the United Kingdom Supreme Court was whether a bribe or secret commission received by an agent could be held by the agent on trust for his principle, or whether the principle merely had a claim in equitable ...
  • Chevalier-Watts, Juliet (LexisNexis NZ Limited, 2014)
    The word “charity” can mean many things to many people. The legal definition is inevitably rather complex and for the layperson, the general notion of charity is that of benevolence and philanthropy, and whilst the legal ...
  • Chevalier-Watts, Juliet (Lexis Nexis NZ Limited, 2010)
    This article considers the issue of whether economic and community development can be a charitable purpose under New Zealand law and debates whether authorities reflect too restrictive an approach, thus limiting the expansion ...
  • Chevalier-Watts, Juliet (LexisNexis NZ Limited, 2014)
    The trustees sought an order under s 64(1) of the Trustee Act 1956 giving them the power to sell the property in question. Lang J confirmed that the Trust Deed would permit such a sale but the Court had to be satisfied ...
  • Chevalier-Watts, Juliet (LexisNexis NZ Ltd, 2015)
    The shackles that bound New Zealand to the political purpose doctrine, the notorious doctrine found within charity law, have now, at last, been shed, with the delivery of the long awaited Supreme Court judgment of Re ...
  • Chevalier-Watts, Juliet (LexisNexis NZ Ltd, 2015)
    This is case very usefully sets out the current law with regard to a variation sought to a will under s 32 of the Charitable Trusts Act 1957 (the Act). Gendall J dealt with the application on the papers. The applicant ...
  • Chevalier-Watts, Juliet (LexisNexis NZ Ltd, 2015)
    The actions that led to this particular case hit the national headlines, and its resulting judgment has been subject to much scrutiny (see for example M B Rodriguez Ferrez “School Disciplinary Decisions, Judicial Review ...