Law Papers
This collection houses research from Te Piringa - Faculty of Law at the University of Waikato.
All items in Research Commons are provided only to permit fair dealing for the purposes of research or private study. They are protected by copyright with all rights reserved unless otherwise indicated.
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Te Awa Tupua (Whanganui river claims settlement) Bill – the endless quest for justice
(Maori Law Review Ltd, 2016-08)Linda Te Aho continues her review of the new legal framework for Te Awa Tupua (the Whanganui River system) as part of the settlement of historical claims by Whanganui iwi about the Whanganui River. -
Strawmen and the decolonisation of the academy
(Macquarie University Australia, 2019-07-10)For this piece I take as my point of departure Biko Agozino’s response to a series of questions posed by a member of the audience, to a panel he was a member of during this time in New Zealand. The panel in question was ... -
Doing the Lord’s work or taking His name in vain: Religion and charity—a New Zealand perspective
(Equinox Publishing, 2023-03-03)This article considers the relationship between the law, charity and religion, and specifically, the charitable doctrines of the advancement of religion and public benefit. In doing so, it addresses a number of matters, ... -
Greenpeace, political purposes – “There and back again”; Reflections on New Zealand charity law
(De Gruyter, 2022-12-21)The political purpose doctrine, a key part of the charity law landscape for many common law jurisdictions, has been subject to much judicial and academic criticism over the years. Its continued influence on the charity ... -
Decoding the puzzle: Chinese culture, familial transfers, and disputes in Western courts
(Oxford University Press (OUP), 2022)More and more Chinese live in Western countries nowadays and many disputes over transfers between Chinese family members are brought to Western courts. Generally, little documentary evidence on such transactions is available ... -
Have a little faith: The advancement of religion and public benefit
(Anthem Press, 2020-02-29)In other words, this book is concerned with the place of religion – and religious institutions – in contemporary society. This chapter demonstrates that religion is still just as relevant in contemporary society as it was ... -
Submission from Myra Williamson to the Education and Workforce Select Committee - Enquiry into Student Accomodation
(Parliament, 2020)This is a written submission from me to Parliament's Education and Workforce Select Committee in response to its call for submissions in relation to the Inquiry into Student Accommodation. The Education and Workforce Select ... -
Sustainability and Indigeneity
(2022)In the lead up to the Rio Conference on Environment and Development 1992, New Zealand enshrined the concept of the sustainable management of natural and physical resources in statute law by enacting the Resource Management ... -
Whither Sustainability?
(2022)This paper will critically analyse the promise inherent in these proposed reforms for the evolution of domestic environmental law and keeping pace with ecological realities by using the writings of Klaus Bosselmann to ... -
Advocating for the environment, charity law and greenpeace: A New Zealand perspective
(Oxford University Press, 2022)In terms of environmental protection (and with reference to the filming location of the Lords of the Rings), New Zealand has been described as ‘a friend to Middle Earth, but no friend of the Earth’, which is in stark ... -
Finding equity without the law of equity: asset management, fiduciary duty and financial consumer protection in China
(Taylor & Francis Ltd, 2022)Asset or wealth management is a booming business in Mainland China. In a civil law system, how do Chinese law and Chinese courts deal with disputes arising out of an asset management relationship, in the absence of the ... -
Social conceptions versus legal protections of privacy and information security in the context of encryption
(Taylor & Francis, 2022)This article examines the disconnect between people’s social conceptions of privacy and information security in relation to encryption vis-à-vis the legal protections offered by law. It describes the social conceptions and ... -
Enhancing regulatory compliance by using artificial intelligence text mining to identify penalty clauses in legislation
(Full Court Press, 2018)As regulatory compliance (or compliance governance) becomes ever more challenging, attempts to engage IT solutions and especially artificial intelligence (AI) are on the rise. This paper suggest that regulatory compliance ... -
Laws of encryption: An emerging legal framework
(Elsevier BV, 2021)This article examines the emerging legal framework of encryption. It reviews the different categories of law that make up this legal framework, namely: export control laws, substantive cybercrime laws, criminal procedure ... -
Written submission to the UK's House of Commons Science and Technology Committee for their Commercial Genomics Inquiry
(2019)This is my written submission of suggestions for regulatory reform of Commercial Genomics. -
Civil strategies for future generations
(2018)This paper will examine the barriers to implementing climate justice from a New Zealand perspective. In particular, the paper will focus on the governance arrangements for implementing the Paris Agreement, administrative ... -
Caring for our oceans and their biodiversity
(Edward Elgar Pubulishing, 2020)This paper will explore and critically analyse national strategies for oceans governance and protecting marine biodiversity from a transnational perspective. For example, during 2016 New Zealand launched a public consultation ... -
Connection: how can a teacher help students stay connected?
(2020)This session will discuss the things I tried during 2020 to keep my students connected with each other, with the paper, and with me as their teacher during the transition to online learning and their sudden loss of physical ... -
Encryption laws and regulations in one of the Five Eyes: the case of New Zealand
(2021)This article examines the laws that apply to encryption in New Zealand. Specifically, it analyses the different types of law that constitute an encryption legal framework in the country, namely: export control, substantive ... -
The validity of exemption clauses in contract law: Cases, rules, legislation intervention and implications
(Law Press China, 2021)Exclusion or limitation of liability clauses are commonly seen nowadays in online contracts. This paper analyses the validity of exemption clauses in a variety of circumstances comparing the cases and legislation in different ...
