The Law School Farewells Nin Tomas and Others Khylee Quince: National Tertiary Teaching Excellence Award Winner Student Mooting Thrives CONTENTS MKT 14/131

Total Page:16

File Type:pdf, Size:1020Kb

The Law School Farewells Nin Tomas and Others Khylee Quince: National Tertiary Teaching Excellence Award Winner Student Mooting Thrives CONTENTS MKT 14/131 EdenFACULTY OF LAW ANNUAL 2014 Crescent The Law School Farewells Nin Tomas and Others Khylee Quince: National Tertiary Teaching Excellence Award Winner Student Mooting Thrives CONTENTS MKT 14/131 Eden Crescent From the Dean ..................................................................... 3 VISITORS Clive Walker on Protective Security Against Terrorism . 23 The University of Auckland Faculty of Law FEATURES Bringing the United Nations to Auckland to Enhance Alumni magazine Farewell to Nin Tomas ........................................................ 4 the Rights of Indigenous Peoples Worldwide ................. 24 Khylee Quince: National Tertiary Teaching Professor Barry Cushman on the “Lochner Era” ............ 25 Editor: Julia Tolmie Excellence Award Winner .................................................. 6 Visitors in Brief ...................................................................... 25 Editorial support: Alison Lees, Andrew Stockley Professor John Carter on the Construction of Contracts 26 and Rebecca Baylis FACULTY NEWS “When Freedoms Collide”: Professor Helen Alvare’ ..... 26 Design/Production: The University of Auckland Appointments ........................................................................ 8 Approachable Professor Thrives on the Challenge Cover photo: Khylee Quince Promotions ............................................................................. 8 of Complex Research ........................................................... 27 Photographer: Scott Optican Farewell to Pam Ringwood ................................................. 9 Top US Corporate Governance Scholar Visits Auckland 28 Farewell to George Hinde ................................................... 10 Editorial contact details: Distinguished Alumni Award for Dr Julie Maxton ......... 11 STUDENT NEWS Eden Crescent, Faculty of Law Profession Honours a Legal and Literary Luminary ...... 11 Moana Schwalger Memorial Pasifika Scholarship The University of Auckland Teaching Excellence Award for Rohan Havelock ........... 12 Winner .................................................................................... 29 Private Bag 92019, Auckland Auckland Success in Legal Writing Awards .................... 12 Top Law Student Wins Rhodes .......................................... 29 New Zealand Paul Rishworth Appointed QC ........................................... 13 Student Mooting Thrives at Auckland .............................. 30 If alumni wish to update their details or be removed New Books ............................................................................. 14 Law Students Win Prime Minister’s Pacific Youth from the subscription list please email: Contributing to New Zealand’s Constitutional Awards .................................................................................... 32 [email protected] Debates .................................................................................. 15 New Awards Support Outstanding Postgraduate www.law.auckland.ac.nz The Changing Role of International Arbitration ............ 15 Students .................................................................................. 33 Postgraduate Studies at the Law School .......................... 16 International Student Exchanges ....................................... 34 Copyright Verbatim: Tackling Justice Issues through Theatre ........ 17 LGBTI Law Student and Allies’ Network .......................... 34 Articles reflect personal opinions and are not those of the Key Issues in the Design of Capital Gains Taxes ........... 18 Student News in Brief .......................................................... 35 University of Auckland. No parts of this publication may Ownership and Control after the Global Financial be reproduced without prior consent of the University of Crisis ...................................................................................... 19 Auckland. ALUMNI NEWS New Zealand Centre for Human Rights Law, Sir Owen Woodhouse ONZ, KBE, DSC ............................ 36 All rights reserved. Policy and Practice ................................................................ 20 Sir Muir Chilwell QC: 1924-2014 ...................................... 38 ©The University of Auckland 2014 Improving our Response to Family Violence ................... 21 Justice Rodney Hansen Retires from the High Court ... 39 New Zealand Centre for Environmental Law: Tracey Tawhiao: An LLB as a Fine Arts Degree ............. 40 Working for Sustainability ................................................... 22 Nicola Parton: On Leadership and Life Lessons ............ 42 Robert Tibbo: On Acting for the Very Vulnerable .......... 43 Vinerian Scholarship Winners – Then and Now ............ 44 Friendships Renewed at 30-year Law School Reunion .. 44 Alumni News in Brief ........................................................... 45 Donor Wall ............................................................................. 47 2 EDEN CRESCENT 2014 EDITORIAL From the Dean 2014 has been a busy and successful year for staff and students. Auckland The Law School has hosted major conferences on capital gains taxes, has again done extremely well in law student competitions, including corporate ownership and control, and the first ten years of New Zealand’s reaching the quarter-finals of the Vis International Commercial Arbitration Supreme Court. Caroline Foster and David Williams have both won Moot in Vienna (competing against 300 other universities), the quarter- prestigious Marsden Awards. The Auckland Law School won two of the four finals of the International Chamber of Commerce International Mediation New Zealand Legal Writing Awards. Peter Devonshire was the joint winner of Competition in Paris, and the semi-finals of the International Client the JR Northey Memorial Book Award for his book Account of Profits. Consultation Competition in Puerto Rico. Earlier this year an Auckland Law In February this year we were deeply saddened by the death of Faculty School Mooting Society was established. Over 400 students joined and have member Nin Tomas. Nin was someone who was committed to making a participated in its programme of seminars, competitions and social events. difference in the law, for Māori, and in the lives of her students. She was At the recent New Zealand Law Students’ Association Championships we always enthusiastic and passionate about her teaching and her research. again won the President’s Shield for the top law school and Auckland will Nin had a big heart. She was direct, straight forward and said what she represent New Zealand at the Jessup Moot Competition in Washington DC thought. She was unafraid to speak truth to power and to speak up for those for the seventh time in the last eight years. who needed it. Her courage and tenacity were no less evident as she fought As you will see in the magazine, we are continuing to provide more against her final illness. opportunities for our top students. Last year I signed student exchange Former Faculty members George Hinde and Pam Ringwood also died agreements with five of the best law schools in China. Our first students have during 2014. Like Nin, they will be greatly missed by staff in the Law School now arrived from Tsinghua and Renmin Universities in Beijing. The increasing and by the students they taught, inspired and mentored. importance of links with China for New Zealand companies and law firms My thanks to all alumni who have sent their condolences. The Faculty means that the Auckland students who spend a semester studying in Beijing and I are extremely grateful for all the support we continue to receive from and Shanghai will benefit considerably from learning about Chinese law and alumni and friends of the Law School. This has enabled new scholarships practice at the very best Chinese law schools. to be established, including for the best new LLM students and, in the case During the last year the Faculty has hosted visits from a range of of the Moana Schwalger Memorial Pasifika Scholarship, to encourage distinguished visitors, judges and public officials, including the former Prime postgraduate study by Pacific Island law students. The generosity of alumni Minster, Helen Clark, the President of the Special Tribunal for Lebanon, has allowed us to establish the John Haigh QC Memorial Moot Competition, Sir David Baragwanath, this year’s Cameron Fellow, Professor Stephen which was held for the first time this year with 32 teams competing. We are Bainbridge (University of California, Los Angeles) and the 2014 Legal grateful to everyone who has helped adjudicate our competitions and has Research Foundation Visiting Scholar, Professor Joe McCahery (Tilburg and supported our major events. This has been a very successful year for the Law Amsterdam Universities). We have celebrated Paul Rishworth being made a School, as can be seen in the pages of the magazine, and the support given QC and Khylee Quince winning a national tertiary teaching award. by our alumni has contributed to this. ❙ Andrew Stockley Dean of Law 2014 EDEN CRESCENT 3 FEATURES Farewell to Nin Tomas Academic Programme was founded and developed - a programme based upon fundamental tikanga principles of whanaungatanga, manaakitanga and utu. She placed these principles and Waipapa marae at the centre of our consciousness as Māori law students and her belief in this kaupapa was unwavering. The programme instituted by Nin formed the basis of the Tuākana programme rolled out across the entire university some
Recommended publications
  • “If You Talk, You Are Just Talking. If I Talk, Is That Bragging?”
    “If you talk, you are just talking. If I talk, is that bragging?” PERSPECTIVES OF PARENTS WITH YOUNG GIFTED CHILDREN IN NEW ZEALAND A thesis submitted in partial fulfilment of the requirements for the Degree of Master of Education in the University of Canterbury by Lakshmi Chellapan University of Canterbury 2012 Table of Contents Dedication ..................................................................................................................................... iv Acknowledgement ......................................................................................................................... vi Abstract ........................................................................................................................................ vii Glossary .......................................................................................................................................... x CHAPTER ONE: INTRODUCTION ....................................................................................................... 1 1.1. Context of the study ..................................................................................................................... 1 1.1.1. Malaysian Gifted Curriculum (PERMATA PINTAR) ............................................................ 2 1.1.2 Overview of Malaysian Early Childhood Education (PERMATA PINTAR) .......................... 2 1.1.3. Who can participate in this camp? ..................................................................................... 4 1.1.4. Researcher’s
    [Show full text]
  • The Court of Appeal, 1958
    The Court of Appeal, 1958 (from left) WSTICE CLEARY; WSTICE GRESSON, President; WSTICE BARROWCLOUGH, Chief Justice; WSTICE NORTH The Court of Appeal, 1968 (from left) JUSTICE McCARTHY; JUSTICE NORTH, President; JUSTICE WILD, Chief Justice; JUSTICE TURNER. Inset: Temporary judges of the Court of Appeal (left) JUSTICE WOODHOUSE; (right) JUSTICE RICHMOND. JUDGES AT WORK: THE NEW ZEALAND COURT OF APPEAL (1958-1976) BY PETER SPILLER* I. INTRODUCTION On 11 September 1957, the New Zealand Attorney-General, the Hon John Marshall, moved the second reading of the Bill for the establishment of a "permanent and separate" Court of Appeal. He declared that this was "a notable landmark in our judicial history and a significant advance in the administration of justice in New Zealand".! The Bill was duly passed and the Court commenced sitting in February 1958. In this article I shall analyse the reasons for the creation of the so-called "permanent and separate" Court of Appeal. I shall then examine the Court of Appeal judiciary, the relationship between the Court of Appeal and the Supreme Court, and the work of the Court of Appeal, during the tenures of the first four Presidents of the Court. I shall conclude by assessing the extent to which the expectations of the Court at its outset were realised in the period under review. The aim of this article is to provide insight into the personalities and processes that have shaped the development of the law in the highest local Court in New Zealand. II. GENESIS OF THE "PERMANENT AND SEPARATE" COURT OF APPEAL The New Zealand Court of Appeal existed as an effective entity from February 1863, when it commenced sitting in terms of the Court of Appeal Act 1862.2 The Court had been established in response to requests by the judges for a Court within New Zealand which would provide a level of appeal more accessible than that which lay to the Judicial Committee of the Privy Council in London.3 The Court was composed of all the judges of the Supreme Court.
    [Show full text]
  • From Privy Council to Supreme Court: a Rite of Passage for New Zealand’S Legal System
    THE HARKNESS HENRY LECTURE FROM PRIVY COUNCIL TO SUPREME COURT: A RITE OF PASSAGE FOR NEW ZEALAND’S LEGAL SYSTEM BY PROFESSOR MARGARET WILSON* I. INTRODUCTION May I first thank Harkness Henry for the invitation to deliver the 2010 Lecture. It gives me an opportunity to pay a special tribute to the firm for their support for the Waikato Law Faculty that has endured over the 20 years life of the Faculty. The relationship between academia and the profession is a special and important one. It is essential to the delivery of quality legal services to our community but also to the maintenance of the rule of law. Harkness Henry has also employed many of the fine Waikato law graduates who continue to practice their legal skills and provide leadership in the profession, including the Hamilton Women Lawyers Association that hosted a very enjoyable dinner in July. I have decided this evening to talk about my experience as Attorney General in the establish- ment of New Zealand’s new Supreme Court, which is now in its fifth year. In New Zealand, the Attorney General is a Member of the Cabinet and advises the Cabinet on legal matters. The Solici- tor General, who is the head of the Crown Law Office and chief legal official, is responsible for advising the Attorney General. It is in matters of what I would term legal policy that the Attorney General’s advice is normally sought although Cabinet also requires legal opinions from time to time. The other important role of the Attorney General is to advise the Governor General on the appointment of judges in all jurisdictions except the Mäori Land Court, where the appointment is made by the Minister of Mäori Affairs in consultation with the Attorney General.
    [Show full text]
  • Tort and Crime 1
    CAMBRIDGE UNIVERSITY PRESS CONTENTS Uruversiry Printing House. Cambridge CB2 8BS. United Kingdom Cambridge University Press is part of the University of Cambridge. It furthers the University's mission by disseminating knowledge in the pursuit of education, learning and research at the highest international levels of excellence, wv.".; .cambridge.org Information on this title: www.canlbridge.org/9781107066113 List of contributors vii ~ Cambridge University Press 2014. Foreword ix This publication. is in copyright. Subject to statutory exception Preface xi and to the provisions of relevant collective licensing agreements. Table of cases xii no reproduction of any part may take place without the written permission of Cambridge University Press. Table of legislation xxvi First published 2014 1 Disentangling and organising tort and crime 1 Printed in the United Kingdom by Clays, St lves pic MATTHEW DYSON A catalQgue record for this publicntioll is IlI'aihlblc from the British Library 2 Policing tort and crime with the MIB: remedies, penalties Library of Congress CAtaloguing ill Publication data and the duty to insure 22 Unravelling tort and crime I edited by Matthew Dyson. pages em ROB MERKIN AND JENNY STEELE ISBN 978-1-107-06611-3 (Hardback) 1. Torts-England, 2. Criminal law-England. 3 Tort law and criminal law in an age of austerity 58 L Dyson, Matthew. 1982- editor of compilation. NICHOLAS J. MCBRIDE KDl949.A1U57 2014 346.4203-dc23 2014007592 4 Wrongs and responsibility for wrongs in crime and tort 82 ISBN 978-1-107-06611-3 Hardback G. R. SULLIVAN Additional resources for this publication at www.cambridge.orgi9781107066113 Private rights and public wrongs III Cambridge Univers.itr Press has no responsibility for the persistence or accuracy of 5 URLs for external or third-party internet websites referred to in this publication.
    [Show full text]
  • Today Oxford
    www.oxfordtoday.ox.ac.uk Michaelmas Term 2010 Volume 23 No 1 OX FOR D TODAY THE UNIVERSITY MAGAZINE 20 | WILFRED THESIGER AFRICA SEEN THROUGH HIS LENS 30 | SCIENCE WHEN TO SHARE GENE DATA? 45 | GEOFFREY HILL SEAMUS PERRY ON OUR GREATEST LIVING POET PRIME MINISTERS Why has Oxford produced so many? OXF01.cover 1 8/10/10 3:37:5 pm FROM HOME Since 1821 the Oxfordand Cambridge Club has provided alumni of both universities with an exclusive home from home in the heartofthe Capital. Todaymembers can relax, dine and meetfriends in supremely elegant surroundings thatalso featurewell stocked libraries,sports facilities and first-class bedroom accommodation. Reciprocal clubs welcome members of the Oxfordand Cambridge Club in 35 countriesaround the world. Formoreinformation, please contact: [email protected] or call +44 (0)20 7321 5110 Oxfordand Cambridge Club,71Pall Mall,LondonSW1Y 5HD www.oxfordandcambridgeclub.co.uk OX FOR D TODAY EDITOR: Dr Richard Lofthouse DEPUTY ART EDITOR: Steven Goldring DESIGNER: Victoria Ford HEAD OF PUBLICATIONS AND WEB OFFICE: Anne Brunner-Ellis PRODUCTION EDITOR: Kate Lloyd SUB EDITOR: Elizabeth Tatham PICTURE EDITOR: Joanna Kay DESIGN DIRECTOR: Dylan Channon Thanks to Simon Kirrane, Esther Woodman, Helen Cox, Emma Swift EDITORIAL ENQUIRIES: Janet Avison Public Affairs Directorate Tel: 01865 280545 Fax: 01865 270178 [email protected] www.oxfordtoday.ox.ac.uk ALUMNI ENQUIRIES, INCLUDING CHANGE OF ADDRESS: Claire Larkin Alumni Offi ce Tel: 01865 611610 Michaelmas [email protected] COVER IMAGE: HARRY BORDEN/CORBIS OUTLINE, ROB JUDGES www.alumni.ox.ac.uk Term 2010 University of Oxford, University Offi ces, Wellington Square, Oxford OX1 2JD ADVERTISING ENQUIRIES: Marie Longstaff Future Plus, Beaufort Court, 30 Monmouth Street, Bath BA1 2BW Tel: 01225 822849 [email protected] www.futureplc.com Oxford Today is published in February, June and October.
    [Show full text]
  • Postmaster and the Merton Record 2019
    Postmaster & The Merton Record 2019 Merton College Oxford OX1 4JD Telephone +44 (0)1865 276310 www.merton.ox.ac.uk Contents College News Edited by Timothy Foot (2011), Claire Spence-Parsons, Dr Duncan From the Acting Warden......................................................................4 Barker and Philippa Logan. JCR News .................................................................................................6 Front cover image MCR News ...............................................................................................8 St Alban’s Quad from the JCR, during the Merton Merton Sport ........................................................................................10 Society Garden Party 2019. Photograph by John Cairns. Hockey, Rugby, Tennis, Men’s Rowing, Women’s Rowing, Athletics, Cricket, Sports Overview, Blues & Haigh Awards Additional images (unless credited) 4: Ian Wallman Clubs & Societies ................................................................................22 8, 33: Valerian Chen (2016) Halsbury Society, History Society, Roger Bacon Society, 10, 13, 36, 37, 40, 86, 95, 116: John Cairns (www. Neave Society, Christian Union, Bodley Club, Mathematics Society, johncairns.co.uk) Tinbergen Society 12: Callum Schafer (Mansfield, 2017) 14, 15: Maria Salaru (St Antony’s, 2011) Interdisciplinary Groups ....................................................................32 16, 22, 23, 24, 80: Joseph Rhee (2018) Ockham Lectures, History of the Book Group 28, 32, 99, 103, 104, 108, 109: Timothy Foot
    [Show full text]
  • Public Defence Service an Important Influence on Criminal Law Practice
    ISSUE 933 · OCTOBER 2019 Public Defence Service An important influence on criminal law practice Reflections on a Pro bono legal Red flags! Is your US lawyers, ground –breaking services support law office as judges and Feminist Moot Canterbury healthy as you civil rights Muslim think? community Page 19 Page 42 Page 51 Page 72 Need Research? Use us as your legal research provider The NZLS Library, legal research and document delivery service is fast, e cient and thorough. With our extensive resources we can provide comprehensive cost-e ective searches of case law and commentary both in New Zealand and internationally. FOR MORE INFORMATION ABOUT OUR SERVICES: www.lawsociety.org.nz/law-library AUCKLAND [email protected] 304 1020 WELLINGTON [email protected] 473 6202 CANTERBURY [email protected] 377 1852 Photo by Sippanont Samchai Sippanont CC-By-NC-ND by Photo A BEQUEST TO THOSE WHO NEED IT MOST A Bequest to the Society of St Vincent The Society is a Catholic organisation de Paul is a lasting way to help the which recently celebrated 150 years most disadvantaged and needy in of compassion and service to the our community. people of New Zealand. Your Bequest will ensure the Society’s We have a nationwide network of vital work of charity and justice workers and helpers who provide continues to thrive. practical assistance every day to people in desperate situations. Help is offered Be assured it will make a huge to all, regardless of origin, cultural difference where the need is greatest. background or religious belief.
    [Show full text]
  • Chicheley Hall, UK 29-30 January 2018
    Chicheley Hall, UK 29-30 January 2018 Chaired by Sir Andrew Witty Please note: The event is held under the Chatham House rule Monday 29 January 16.00-16.30 Arrival and check-in 16.30-18.00 Introductions and scene setting Sir Venki Ramakrishnan, President of the Royal Society, and Ed Whiting, Director of Policy and Chief of Staff at the Wellcome Trust, will give an overview of the Future Partnership Project. 18.30-19.00 Pre-dinner drinks and networking 19.00-21.30 Dinner Tour de table and initial views on a future vision for European research. Tuesday 30 January 07.30-08.30 Breakfast and check-out 08.30-10.00 Session 1: What is our long-term vision for European research? In this session, we’ll explore a vision for European research in 2050. 10.00-10.30 Coffee break 10.30-13.00 Session 2: What would a Brexit science and innovation agreement need to include to achieve our vision in the short-term? The discussion will address: o People (mobility and career development) o Funding o Infrastructure o Regulation and research policy o Governance and oversight o Financial contributions o Transition 13.00-14.30 Lunch and agreement of the Future Partnership Project statement 14.30-16.30 Session 3: Consolidating and communicating our short- and long-term vision 16.30-16.45 Wrap-up and overview of next steps 16.45 Guests depart Chicheley Hall Attendees Sir Andrew Witty FMedSci (Chair) Chancellor, University of Nottingham Professor Enric Banda Senior Advisor, Barcelona Supercomputing Center Dr Jet Bussemaker Former Minister for Research, The Netherlands
    [Show full text]
  • High Court of New Zealand Decisions
    3/6/2020 Smith v Fonterra Co-Operative Group Limited [2020] NZHC 419 (6 March 2020) Home | Databases | WorldLII | Search | Feedback High Court of New Zealand Decisions You are here: NZLII >> Databases >> High Court of New Zealand Decisions >> 2020 >> [2020] NZHC 419 Database Search | Name Search | Recent Decisions | Noteup | LawCite | Download | Help Smith v Fonterra Co-Operative Group Limited [2020] NZHC 419 (6 March 2020) Last Updated: 6 March 2020 IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE CIV-2019-404-001730 [2020] NZHC 419 BETWEEN MICHAEL JOHN SMITH Plaintiff AND FONTERRA CO-OPERATIVE GROUP LIMITED First Defendant GENESIS ENERGY LIMITED Second Defendant DAIRY HOLDINGS LIMITED Third Defendant /Contd... Hearing: 3-4 February 2020 Appearances: D Salmon and D Bullock for Plaintiff D Kalderimis and N Swan for First Defendant S J P Ladd and B A Keown for Second Defendant J M Appleyard and A Hill for Third Defendant D T Broadmore and A N Birkinshaw for Fourth Defendant T Smith and A Lampitt for Fifth Defendant A J Horne and O K Brown for Sixth Defendant R J Gordon and A M B Leggat for Seventh Defendant Judgment: 6 March 2020 RESERVED JUDGMENT OF WYLIE J www.nzlii.org/nz/cases/NZHC/2020/419.html 1/28 3/6/2020 Smith v Fonterra Co-Operative Group Limited [2020] NZHC 419 (6 March 2020) This judgment was delivered by Justice Wylie On 6 March 2020 at 11.30 am Pursuant to r 11.5 of the High Court Rules Registrar/Deputy Registrar Date:.............................
    [Show full text]
  • PASSING the TORCH New Zealand’S New Chief Justice and Law Society President
    ISSUE 927 · APRIL 2019 PASSING THE TORCH New Zealand’s new Chief Justice and Law Society President The The Harmful Digital A rare honour: Government's Viagogo Communications Queen's lawman: David case Counsel in Parker, Attorney New Zealand General Page 35 Page 42 Page 46 Page 72 You can count on us. M2 protected with area replacement cover: * 8 4 2 9 7 4 0 8,429,740. That’s the square Talk to us about our house, meterage of buildings that MAS contents and car insurance Members have covered by our Area Replacement house insurance today by calling 0800 800 627 option, without having to worry or visit mas.co.nz about getting the cost to rebuild their house wrong. *Count based on recorded policy data as at 30 Sept 2017. Please see the full policy wordings which are available at All they need to do is to tell us how mas.co.nz or by calling 0800 800 627. big the house is and to count on us MAS is a Qualifying Financial Entity (QFE) under the Financial Advisers Act 2008. Our QFE disclosure statement to look after the rest. is available at mas.co.nz or by calling 0800 800 627. Meet your new CDD partner Evaluate. Secure. Guard. For local and global protection, talk to the people that live and breathe trade marks. zone law intellectual property and business law First AML is more than just a third evaluate party service. Understanding your secure zone ip guard business and your customers, we’re the right partner for your Customer FIRST Due Diligence requirements.FIRST FIRST FIRST FIRST AML FIRSTAML.CO.NZ AML WGTN +64 4 801 5040 I AKL +64AML 9 352
    [Show full text]
  • Accident Compensation in Swiss and New Zealand
    ACCIDENT COMPENSATION IN SWISS AND NEW ZEALAND LAW – SOME SELECTED ISSUES THAT UNDERMINE THE PURPOSE IN BOTH SCHEMES By Yvonne Wampfler Rohrer A dissertation submitted to the Victoria University of Wellington in partial fulfilment of the requirements for the degree of Master of Laws Victoria University of Wellington 2009 ABSTRACT This dissertation analyses selected issues that undermine the coherence and the purposes of the Swiss and New Zealand accident compensation schemes. Unlike other European states the Swiss accident compensation provides cover for non-work related accidental injury, which makes it a useful subject of comparison with the New Zealand accident compensation scheme which provides a comprehensive, no fault compensation scheme for personal injury. In undertaking a largely comparative approach the paper argues that both schemes have drifted away considerably from the original underlying purpose to provide compensation for work incapacity and, on the other hand, to restore the claimant to a level of work capacity as soon as possible. This thesis is illustrated by examining the vulnerability of the schemes to political change, the arbitrary dichotomy between incapacity to work caused by accidental injury and incapacity caused by sickness, the definitions of an accident in both schemes and the assessment of evidence. The paper finds that both schemes should be amended and suggests alternative approaches for each issue. STATEMENT ON WORD LENGTH The text of this paper (excluding abstract, table of contents, table of cases,
    [Show full text]
  • Blood on the Coal
    Blood on the Coal The origins and future of New Zealand’s Accident Compensation scheme Blood on the Coal The origins and future of New Zealand’s Accident Compensation scheme Hazel Armstrong 2008 Oh, it’s easy money stacking carcasses in the half-dark. It’s easy money dodging timber that would burst you like a tick. yes, easy as pie as a piece of cake as falling off a log. Or being felled by one. extract from The Ballad of Fifty-One by Bill Sewell Hazel Armstrong is the principal of the Wellington firm Hazel Armstrong Law, which specialises in ACC law, employment law, occupational health and safety, occupational disease, vocational rehabilitation and retraining, and employment-related education. ISBN no. 978-0-473-13461-7 Publisher: Trade Union History Project, PO Box 27-425 Wellington, www.tuhp.org.nz First edition printed 2007 Revised and expanded edition printed May 2008 Acknowledgements The author would like to thank: Social Policy Evaluation and Research Linkages (SPEARS) funding programme for the Social Policy Research Award Rob Laurs for co-authoring the first edition Hazel Armstrong Law for additional funding to undertake the research Dr Grant Duncan, Senior Lecturer in Social and Public Policy Programmes, Massey University, Albany Campus, for academic supervision Sir Owen Woodhouse, Chair, Royal Commission of Inquiry into Compensation for Personal Injury in New Zealand (1969) for discussing the origins of the ACC scheme Mark Derby for editing the draft text Dave Kent for design and production DISCLAIMER The views expressed in this paper should not be taken to represent the views or policy of the Social Policy Evaluation and Research Committee (‘SPEaR’).
    [Show full text]