This paper addresses the expansion of the scope of negligence over the six years preceding the article. The two most important developments in negligence for professionals during this time concerned (i) the approach to be taken in order to determine whether a duty of care arises in a particular...

In this paper Sir Ivor Richardson discusses the potential for the use of economic analysis by the courts. He notes the difference between positive and normative economic analyses and explains that it is the latter which is controversial. He then examines the argument that lawyers and courts...

This article discusses two types of cases where economic concepts and expertise may assist in resolving the dispute. The first is where economic concepts are directly involved and economists may be called as witnesses. This article discusses the problems arising for lawyers and judges in dealing...

This address was written by Sir Ivor Richardson as Patron of the Law and Economics Association of New Zealand. It discusses the place for economic analysis in Court decisions. Such analysis will be useful where the application of legal principles is not settled or the interpretation of a statute...

This article was written to mark 50 years since the New Zealand Court of Appeal was constituted with permanent full-time appellate judges. The first section of the paper discusses the events leading up to the establishment of the Court. It then notes some major historical events in the life of...

This article examines the Crown-Servant employment relationship in the UK, although examples from some commonwealth jurisdictions are also included. First, the nature of the civil servant's relationship with the Crown is distinguished from the military servant's relationship with the Crown. The...

In this chapter, the author canvasses the history of estate and gift duties law before identifying the purposes of the duties as instruments of social and economic policy. The chapter next examines aspects of the duties in more detail, including when and how the duties are charged, certain...

Acknowledging the growing interest in law and economics in New Zealand, the Forward to the first issue of the 1996 Review highlights the role of economics in informing public policy assessments and developments in New Zealand

In the preface to the fifth edition the authors note the changes to the context of the Estate and Gift Duties Act 1968 since the previous edition. In particular, the authors acknowledge the statutory amendments to introduce the charitable succession and matrimonial home allowances, and the new...

The search for simplicity in legislative drafting affects all legislatures. It is also central to the work of the New Zealand Law Commission and of governments in other comparable jurisdictions. Rather than exploring a range of statutes in various jurisdictions, this article focuses on income...