Otago University Research Archive
Browsing Law Collection by Date Published
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Browsing Law Collection by Date Published
Now showing items 1-20 of 74
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(Thesis, Master of Laws, 2012)Since the abolition of estate duty in 1992 new types of discretionary trusts have become popular in New Zealand for the purpose of protecting assets. Asset protection trusts have significant effects in areas of law where ... -
(Thesis, Doctor of Philosophy, 2012)The thesis critically examines the judicial interpretation of statutory rules, now the source of most of our law. Courts in adopting a traditional two-step approach denoted as prospective interpretation (first ‘understand’ ... -
(Thesis, Master of Laws, 2012)Large-scale population genetic databases have become increasingly common around the world. However, these initiatives are financially and politically costly and fraught with ethical, legal and social implications that few ... -
(Thesis, Doctor of Philosophy, 2012)Preimplantation genetic diagnosis (PGD) is a procedure that enables the identification of gene variants in an embryo created by in vitro fertilization. It was first developed as a means by which couples known to be at risk ...
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(Thesis, Doctor of Philosophy, 2012)Should independent adult children be entitled to a share of their parent's estate and on what basis? This thesis seeks to answer that question in the New Zealand context by analysing the judicial approach to claims by such ... -
(Thesis, Master of Laws, 2012)The role of lawyers for children in day-to-day care, or custody, cases has been the subject of debate and confusion for decades. The attempts to provide guidance all get stuck in the same place; they start from the assumption ...
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(Thesis, Doctor of Philosophy, 2012)This thesis looks at legal issues arising from the invasion of malware, badware and bad cookies (MBC), and critically analyses the efficiency of legal mechanisms in Malaysia in relation to the issues. It starts with a ...
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(Thesis, Master of Laws, 2012)This thesis analyses, explores, and evaluates the reasons why particular processes are used to promulgate Acts of Parliament in New Zealand. The strengths and weakness of these various processes are evaluated and the ... -
(Thesis, Master of Laws, 2012)This thesis considers the New Zealand Law Commission's 2006 proposal for the establishment of a new Maori governance entity known as Waka Umanga, and the fifth Labour government's subsequent Waka Umanga Bill 2007. This ... -
(Thesis, Doctor of Philosophy, 2011)Information disclosure has a distinctive profile. It is distinct from diagnosis and treatment. There is a tendency that “disclosure” of treatment options is confused with “recommendation” and “adoption” of treatment. There ...
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(Thesis, Doctor of Philosophy, 2011)The proviso to s 385(1) of the Crimes Act 1961, which takes its name from its introductory phrase, “provided that”, confers a significant appellate power on a court of criminal appeal, for by it, the court may dismiss an ... -
(Thesis, Master of Laws, 2011)This thesis considers the influence of New Zealand's accident compensation scheme ("ACC") on the civil and criminal law. -
(Thesis, Doctor of Philosophy, 2011)This thesis will show that the important Foreshore and Seabed Debate that took place in Aotearoa/New Zealand from 2003 to 2006 was at its heart a conceptual and jurisprudential dispute between contrasting ideas of equality ...
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(Thesis, Doctor of Philosophy, 2011)This research is a critique of the universalist theory of international human rights treaty law through an analysis of Islamic reservations to four major human rights treaties i.e., Convention on the Elimination of All ... -
(Dissertation, Bachelor of Laws with Honours, 2010)
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(Thesis, Master of Laws, 2009)Maori have a strong connection to rivers and wish to achieve particular cultural aspirations as a consequence of this. While the government is increasingly willing to engage with Maori in this area and draw on current ... -
(Thesis, Master of Laws, 2009)
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(Thesis, Master of Laws, 2009)
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(Thesis, Doctor of Philosophy, 2009)This thesis is a study of the Land and Titles Court of Samoa from its inception to the present day. It has exclusive jurisdiction over Samoan customary land and matai title matters. The Land and Titles Court began as a ...
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(Thesis, Doctor of Philosophy, 2009)The Crimes Act 1961 and the New Zealand Bill of Rights Act 1990 provide that a person accused of a criminal offence in New Zealand has the right to be represented at trial by counsel. The purpose of representation by counsel ...
Now showing items 1-20 of 74