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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Reactive Strength as a Metric for Informing Return-to-Sport Decisions: A Case-Control Study
(Human Kinetics Publishing Inc., 2022-01-01)Objective: Current return-to-sport decisions are primarily based on elapsed time since surgery or injury and strength measures. Given data that show rates of successful return to competitive sport at around 55%, there is ... -
Legislative Strategies to Tackle Misinformation and Disinformation: Lessons from Global Jurisdictions
(Australasian Study of Parliament Group, 2023-11-20)The spread of misinformation and disinformation on social media has become a major concern in recent years. This is due in part to the ease with which false information can be shared and amplified online, as well as the ... -
A year in climate change emergency
(IUCN Academy of Environmental Law, 2021-04)This country report provides an overview of recent case law and legislative amendments regarding climate change mitigation, and the declaration of a climate emergency by the New Zealand Parliament. -
The international law gaze: COVID-19 and the excuse of necessity in international law
(LexisNexis NZ, 2021-12-01)The experience of the COVID-19 pandemic can be useful to explore several dimensions of the excuse of necessity in customary international law. This article focuses on one requirement: lack of substantial State contribution. ... -
The international law gaze: the Supreme Court and the UN International Law Commission’s dialogue on subsequent conduct in the interpretation of contracts and treaties
(LexisNexis NZ, 2022-03-15)The New Zealand Supreme Court in Bathurst Resources Limited v L & M Coal Holdings Limited (Bathurst Resources Limited v L&M Coal Holdings Limited [2021] NZSC 85) recently explored the issue of evidence of subsequent conduct ... -
The international law gaze: the domestic roots of Russia’s unlawful invasion
(LexisNexis NZ, 2022-06-12)Few books help us understand Russia’s invasion of Ukraine and what may come next as Second-Hand Time, authored by the Ukrainian-born Belarusian writer Svetlana Alexievich (London, Fitzcarraldo Editions 2016). Based on ... -
Submission on New Zealand’s written statement to the second session of the UN Cybercrime Treaty negotiations
(University of Waikato, 2022-05-19)The author, a law academic, generally supports New Zealand's written statement to the UN Cybercrime Treaty negotiations. The proposed criminalization provisions are deemed reasonable and well-founded. The focus on striving ... -
Technology, laws and values of encryption
(University of Waikato, 2021-04-21)A Matter of Security, Privacy and Trust: A study of the principles and values of encryption in New Zealand -
Cyber- space, law and diplomacy
(University of Waikato, 2021-03-25)Indicative questions for discussion: How does international law intersect with cyber diplomacy? How does the legal community see cyber diplomacy and how are they involved in it?What are the latest developments in diplomatic ... -
The critical role of technical and social principles and values in encryption regulation
(University of Waikato, 2021-07-21)Encryption is a complex and enigmatic technology that poses significant challenges to regulators. While encryption is crucial to preserving the security and privacy of information and communications, it can also be used ... -
A socio-legal analysis of the conceptions of privacy and information security in relation to the laws of encryption
(The University of Waikato, 2021)Due to the growing collection of users’ personal data by companies, confirmed incidences of mass surveillance by government agencies, and increasing occurrence of large-scale data breaches, people today are rightly concerned ... -
A pluralist and interdisciplinary approach to encryption regulation
(LexisNexis NZ Ltd., 2021-11)The importance of trust in encryption is paramount, influencing user adoption and acceptance of the technology. A pluralist and interdisciplinary approach reveal that trust extends beyond the technology itself to include ... -
Institutional work and the interplay of stability and change in public budgeting reform: the case of public universities in Iran
(EMERALD GROUP PUBLISHING LTD, 2021-03-02)Purpose: The purpose of this study is to understand the efforts of key social actors in influencing the reform of Iranian public universities budgeting system, from incremental to performance-based budgeting (PBB), the ... -
Copyright in education: bringing the classroom to life
(Education International, 2023-09-29)The author, the daughter of a refugee, underscores the significance of education instilled by her father, who lacked it himself but saw it as a means to break free from poverty. She argues that educators require affordable ... -
Access and Use of Teaching and Research Materials from A Copyright Perspective in Fiji and the Philippines
(Educational International Research, 2023-09-28)This study fills the gap created by the lack of research on educators’ perspectives on copyright protected resources in Fiji and the Philippines and identifies the challenges and strategies they undertake when confronted ... -
Carbon capture and storage: taking action under the present law
(Centre for Environmental, Resources and Energy Law, University of Waikato, 2023-08)The report investigates the legal regime for carbon capture and storage as a method of reducing net emissions of carbon dioxide to the atmosphere. The report is specially focused on options to move forward with limited ... -
The heat goes on: Simplifying the identification of energy hardship
(CellPress, 2023-08-10)Energy hardship affects over 6% of households in New Zealand, defined as the inability to afford and obtain energy services. In late 2021, the Ministry of Business, Innovation and Employment proposed 26 indicators to ... -
Employment Advocate vs Employment Lawyer; A comparative analysis between New Zealand, Australia and the United Kingdom
(ER Publishing, 2023)New Zealand is facing a burgeoning number of employment advocates in its legal system, especially since the Covid-19 pandemic. As part of the enactment of the Employment Relations Act (ERA) 2000, New Zealand’s parliament ... -
When the law is unclear: challenges and opportunities for data and information exchange in the Tigris-Euphrates and Indus river basins
(IWA Publishing, 2023)Data and information exchange are vital for long-term transboundary water cooperation. However, many transboundary river basins lack regular data exchange between riparian States. In many cases, this is simply a feature ... -
Social Media Platforms Duty of Care – Regulating Online Hate Speech
(Australasian Parliamentary Review, 2022)There has been a proliferation of social media usage over the past decade. Social media platforms offer a convenient mode for virtual social interaction by providing relatively simple access to most people. However, there ...
