Showing 1 - 10 of 28
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...
Persistent link: https://www.econbiz.de/10014121653
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...
Persistent link: https://www.econbiz.de/10014100578
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...
Persistent link: https://www.econbiz.de/10012828301
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...
Persistent link: https://www.econbiz.de/10012831672
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...
Persistent link: https://www.econbiz.de/10012832205
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...
Persistent link: https://www.econbiz.de/10012832919
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...
Persistent link: https://www.econbiz.de/10012835566
There is currently an inequitable gap in compensation under the Accident Compensation Act, whereby claimants who suffer from a mental injury after an accident but not a physical injury cannot get compensation. The purpose of this paper is to consider this gap in compensation by analysing a...
Persistent link: https://www.econbiz.de/10012835569
This paper concerns the issue of purchase money security interest (PMSI) refinancing. Under current law, PMSI super-priority is lost on refinance regardless of whether the refinancier is the original PMSI holder or a third-party financier. This paper contends that such a position is...
Persistent link: https://www.econbiz.de/10012835570
In Low Volume Vehicle Technical Association Inc v Brett, the New Zealand Court of Appeal grappled with the rare issue of whether a person can waive their right to freedom of expression under the New Zealand Bill of Rights Act 1990 (NZBORA). The Court, responding in the affirmative, concluded...
Persistent link: https://www.econbiz.de/10012837211