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To make sense of the tort system, we need to understand its operation as a system. Like any system, it consists of various parts which are closely interrelated. Read more
From ancient times to the present, information has made the world go round, from the most routine of transactions to the most complex. One critical issue therefore is what legal rules, if any, should govern the creation, dissemination and use of information. Read more
The theme of this paper is comparative liberalisation. My aim is to set within a comparative historical framework the remarkable economic reforms in New Zealand which began with the change of government in July 1984. Read more
On 15 May 1991, parliament enacted the Employment Contracts Act 1991 (ECA). Parts I and II of the ECA abolished all forms of compulsory unionism in New Zealand, and took bold steps toward restoring the common law of contract, property and tort to New Zealand labour markets. Read more
As President of the Court of Appeal, Sir Robin Cooke (as he then was) suggested that there may be common law rights that run so deep that parliament cannot abrogate them. One of these, he suggested, was a right of access to the 'ordinary Courts'. Read more
It is easy to find strong similarities between the New Zealand Human Rights Act 1993 and the so-called anti-discrimination laws in the United States. Indeed, laws of this type are increasingly popular elsewhere in western democracies, and perhaps throughout the world, so that a comparison of these two systems carries with it wider implications. Read more
This submission starts by describing the principles that local authorities should observe when deciding on the functions they will undertake. It proceeds to examine a number of the Council's functions in the light of those principles, and shows that the Council should discontinue, or modify the form of, it's involvement. Read more
This paper investigates the use of economic theory by common law judges. I shall begin that inquiry by propounding a gentle paradox. Read more
The purpose of this study, which was supported by the New Zealand Business Roundtable, is to suggest the guiding principles for the reform of the welfare state. Plainly any such task involves taking a view about the ideal of a free society. Read more
Fiscal matters will be among the most important issues to be addressed by the government over the next few years. An improving fiscal outlook will provide considerable scope to reduce taxes once net debt is reduced to a prudent level. Read more