Deficiencies in the Property (Relationships) Act 1976 (PRA) have led to allegations of sham trusts, alter ego trusts, the bundle of rights doctrine and illusory trusts. These claims are not the correct means to deal with the failure of legislation to fulfil its intention. They are ill-suited for...

The keynote address to the Open Source/Open Society Conference, delivered on 22 August 2016. The address introduces Sir Geoffrey Palmer and Dr Andrew Butler’s new book, A Constitution for Aotearoa New Zealand, and discusses the shortcomings of New Zealand’s unwritten constitution

In this article Professor McLauchlan discusses the important decision of the New Zealand Supreme Court in Vector Gas Ltd v Bay of Plenty Energy Ltd. He analyses each of the five judgments and highlights the questions and serious difficulties raised by them. He concludes that the facts of the...

This article discusses the fundamental questions concerning the application and conceptual basis of remoteness of damage in the law of contract that are raised by the decision of the House of Lords in The Achilleas [2009] 1 AC 61. It commences with a review of the academic literature that had a...

The world in which taxation takes place is a far cry from what it was 50 years ago. However, the digital economy has changed the way businesses operate faster than domestic and international tax laws have been able to account for these changes. Consequentially, there is significant international...

This paper will examine the ways in which parent companies within corporate groups can be held liable by means of common law doctrines and statutory principles. Where a subsidiary company within a corporate group becomes insolvent and is unable to pay its creditors in full, the principles of...

With the advent of the End of Life Choice Bill 2019, the matter of assisted dying has again come to the forefront of current political debate. This Bill, like past attempts to create an assisted dying framework, lacks a strong underlying value guiding its approach. In 2017, Germany confronted...

The rapid commercialisation of sport in New Zealand and internationally has led to an increase in the sources of potential sport-related disputes. Previously, sporting organisations have preferred to resolve disputes through arbitration or internal mechanisms. This paper assesses the current...

The Climate Change Response (Zero Carbon) Amendment Bill fails to honour obligations under the Treaty of Waitangi/te Tiriti o Waitangi adequately, in particular the principles of partnership and active protection. The current Treaty clause circumscribes when Māori will be relevant in the...

The ACC scheme has long been criticised for the boundaries it has placed on coverage under the Act. This paper will focus on the Act's treatment of mental injuries, in light of the Government's recent decision not to extend coverage for ‘purely' mental injuries following the Christchurch...