Waikato Law Review Cover

WAIKATO LAW REVIEW TAUMAURI VOLUME 15, 2007 The Evolution of Treaty Jurisprudence The Hon Justice David Baragwanath Improving the Quality of Legislation –The Legislation Advisory Committee, the Legislation Design Committee and What Lies Beyond? Rt Hon Sir Geoffrey Palmer The Winds of Change Hit the Legal Profession Professor John H Farrar Where There is a Will, There is a Way– A New Wills Act for New Zealand Nicola Peart Property Law in the South Island High Country – Statutory, Not Common Law Leases John Page and Ann Brower Using E-Portfolio to Enable Equity Students to Reflect On and Document Their Skill Development Tina Cockburn, Tracey Carver, Melinda Shirley and Iyla Davies Copyright Law, Designs Law, and the Protection of Public Art and Works on Public Display Anna Kingsbury An Examination of Medical and Legal Issues in the Struggle of New Zealand Sawmill Workers and ACC Cover for PCP Poisoning Bernhard Kreber What Constitutes a Joint Venture Company? Thomas Gibbons Contemporary Issues in Maori- Law and Society Crown Forests, Climate Change, and Consultation—Towards More Meaningful Relationships Linda Te Aho The Contribution of theNew Zealand Refugee Status Appeals Authority to International Refugee Jurisprudence: A submission to both acknowledge the contribution of the Authority and to advocate for its retention Doug Tennent Distinguishing Elias CJ from ‘Radical Maori’, with Sophocles’ Antigone as an Analogical Source Richard Dawson Shareholders – Fiction, Rights, And Remedies Philip Gardyne Privatisation of Labour Standards Under Corporate Social Responsibility and Social Reporting in New Zealand Durgeshree D. Raman Book Review: Electronic Evidence: Disclosure, Discovery & Admissibility Brenda Midson Cover Photograph: Te Matariki The sculpture, Te Matariki, was commissioned by the Law School in 1994, using funds donated by Dame Catherine Tizard when the Law School was first established. The sculpture was designed and constructed by Brett Graham. Te Matariki is star-shaped with seven points. It is based on Matariki (the Pleiades Group), a star cluster significant to Mäori that appears on the flag of the Queen Te Atairangikaahu. Matariki was venerated by Mäori; its arrival in June marked the start of the New Year. The seven points symbolise the seven stars in the group and also the seven attributes: he mana, he tika, he aroha, he mohio, he kaha, he pai and he oranga. The Waikato Law Review cherishes the goal of biculturalism, which carries with it a commitment to advancing and encouraging the Mäori dimension in the legal system. The Mäori title of the Review, Taumauri, means ‘to think with care and caution, to deliberate on matters constructively and analytically’. This title both encapsulates and symbolises the values and goals of the Review. WAIKATO LAW REVIEW TAUMAURI VOLUME 15, 2007 The Evolution of Treaty Jurisprudence 1 The Hon Justice David Baragwanath Improving the Quality of Legislation – The Legislation Advisory Committee, The Legislation Design Committee and What Lies Beyond? 12 Rt Hon Sir Geoffrey Palmer The Winds of Change Hit the Legal Profession 23 Professor John H Farrar Where There is a Will, There is a Way– A New Wills Act for New Zealand 26 Nicola Peart Property Law in the South Island High Country – Statutory, Not Common Law Leases 48 John Page and Ann Brower Using E-Portfolio to Enable Equity Students to Reflect On and Document Their Skill Development 64 Tina Cockburn, Tracey Carver, Melinda Shirley and Iyla Davies Copyright Law, Designs Law, and the Protection of Public Art and Works on Public Display 78 Anna Kingsbury An Examination of Medical and Legal Issues in the Struggle of New Zealand Sawmill Workers and ACC Cover for PCP Poisoning 95 Bernhard Kreber What Constitutes a Joint Venture Company? 120 Thomas Gibbons Contemporary Issues in Maori- Law and Society Crown Forests, Climate Change, and Consultation—Towards More Meaningful Relationships 138 Linda Te Aho The Contribution of theNew Zealand Refugee Status Appeals Authority to International Refugee Jurisprudence:A submission to both acknowledge the contribution of the Authority and to advocate for its retention 160 Doug Tennent Distinguishing Elias CJ from ‘Radical Maori’, with Sophocles’ Antigone as an Analogical Source 190 Richard Dawson Shareholders – Fiction, Rights, And Remedies 212 Philip Gardyne Privatisation of Labour Standards Under Corporate Social Responsibility and Social Reporting in New Zealand 240 Durgeshree D. Raman Book Review: Electronic Evidence: Disclosure, Discovery & Admissibility 257 Brenda Midson Editor: Sue Tappenden Administrative Support: Janine Pickering The Waikato Law Review is published annually by the Waikato University School of Law. Subscription to the Review costs $25 per year (plus postage for overseas subscribers); and advertising space is available at a cost of $200 for a full page or $100 for a half page. Back numbers are available. Communications should be addressed to: The Editor Waikato Law Review School of Law Waikato University Private Bag 3105 Hamilton 3240 New Zealand North American readers should obtain subscriptions direct from the North American agents: Wm W Gault & Sons Inc 3011 Gulf Drive Holmes Beach Florida 34217-2199 USA This issue may be cited as (2007) 15 Wai L Rev All rights reserved. No part of this publication may be produced or transmitted in any form or by any means electronic or mechanical, including photocopying, recording or any retrieval system, without permission from the editor. ISSN 1172-9597 Editor’s INTRODUCTION Welcome to the fifteenth edition of the Waikato Law Review. This edition marks my first year as editor and I am proud to have been invited to take on the role to continue the work commenced by the previous editor, Professor Barry Barton and his predecessor, Professor Peter Spiller. In this fifteenth edition of the Review we are pleased to present a diverse and interesting mix- ture of articles. The prestigious Harkness Henry lecture was given this year by the Honourable Justice Baragwanath and was entitled The Evolution of Treaty Jurisprudence. He describes as a ‘privilege and a challenge’ the task of updating the Harkness Henry address delivered by Sir Robin Cooke (as he was) in 1994, entitled The Challenge of Treaty of Waitangi Jurisprudence in which he tackled that part of our jurisprudence which deals with its treatment of the indigenous people of New Zealand. Justice Baragwanath rose to the challenge. The lecture was very well received by an appreciative audience and we thank him for his contribution. The School of Law is also grateful to Harkness Henry for its continued support. Other papers represent the research of scholars from New Zealand and overseas, some of whom have achieved eminence in their fields, and some of whom are in the earlier stages of their careers. I would like to thank them all for their work. It is also important to acknowledge all those to whom submissions were sent for peer review, whose efforts often go unseen. I would also like to acknowledge with gratitude the assistance of Janine Pickering, whose organizational skills are second to none. I would also like to thank Sonja Stanier for all her help with the references and formatting of the papers and Amanda Colmer from Waikato Print for her accuracy in typesetting and her good-natured efficiency. This year we asked authors to use the Australian Guide to Legal Citation and I would like to take this opportunity to thank the University of Melbourne for establishing the AGLC and for giv- ing their permission for us to use it. Sue Tappenden Editor THE HARKNESS HENRY LECTURE THE EVOLUTION OF TREATY JURISPRUDENCE* DAVID BARAGWANATH* I. INTRODUCTION In his Harkness Henry address in 1994 The challenge of Treaty of Waitangi jurisprudence1 Sir Robin Cooke tackled that part of our jurisprudence which deals with its treatment of the indigenous people of New Zealand, in which he had played a dominant role. To be asked to provide an update of that address, effectively from the time of Lord Cooke’s unprecedented move to the House of Lords, and to do so before this audience in the heart of Tainui, is a privilege and a challenge. II. CANDIDE In Candide Voltaire commented on human nature: All is for the best in the best of all possible worlds. We tend to assume that the fundamentals of our jurisprudence are so well-settled that they can be taken for granted as sound. Yet the Law Commission’s Juries research, undertaken by Dr War- ren Young and his colleagues, established that while the institution of trial by jury was essen- tially sound, as practised it contained deep-seated flaws.4 To achieve justice it required substantial change, on a continuing basis, of how we use it. Whether some review of Treaty jurisprudence is * Harkness Henry lecture University of Waikato, Hamilton 4 September 007. * High Court, Auckland. 1 R Cooke, ‘The challenge of Treaty of Waitangi jurisprudence’ [1994] Waikato Law Review 1. 1995 marked the end of Lord Cooke’s term as President of the Court of Appeal of New Zealand. For the next decade he continued to preside in the Court of Appeal of Samoa and also as a Non-Permanent member of the Final Court of Hong Kong as well as hearing the occasional Privy Council appeal from his own country. Uniquely, as a member of the House of Lords, he was concurrently responsible for testing the law of the United Kingdom against both the Treaty of Rome and the European Convention on Human Rights. It is interesting to consider what he would have made of our jurisprudence over the past 1 years. Voltaire, Candide (1759) Ch 1 ‘Dans ce meilleur des mondes possibles…tout est aux mieux’. 4 New Zealand Law Commission R69 Juries in Criminal Trials (001). Waikato Law Review Vol 15 needed is a topic I have touched on in earlier papers.5 Tonight I seek to place our developments in something of a comparative perspective.

Load more