Memorandum re Wanganui Byproducts Ltd (fictional case) Completed as a requirement of LAWCOMM 402 Company Law Issues The main issue in this case is whether Wanganui Byproducts Ltd (Wanganui) can be held liable, or joined to an action brought under the restraint of trade provisions in the contract between John Gidman (John) and Napier Proteins Ltd (Napier), and restrained accordingly.It […]
Seeking a positive definition of the nature of resource consents Completed as a requirement of LAWENVIR 401 Resource Management Law Introduction Resource consents granted under the Resource Management Act 1991 are defined by what they are not; they are “neither real nor personal property” under s 122(1). However, the Act also provides exceptions to this definition of the nature of resource […]
Natural Justice v Party Autonomy Consideration of the challenge grounds in art 12, sch 1, of the Arbitration Act 1996. Article completed as a requirement of Law 421: Commercial Arbitration In Bidois v Leef[1] the Court of Appeal was concerned that by deeming art 12(2), sch 1, of the Arbitration Act 1996 to be mandatory, a party who failed to […]
Review of classification of Wicked Camper JMY492. Review of decision of the Office of Film and Literature Classification Review completed as a requirement of Law 449: Selected Topics on Media Law The issue in this review[1] is whether the campervan designated as Wicked Camper JMY492 (JMY492) should be classified as objectionable under the Films, Videos, and Publications Classification Act 1993 (the […]
What is e-discovery and how does it work? Discovery is the process whereby parties to a dispute provide documentary evidence as part of their disclosure obligations under the requirements of the Evidence Act and the High Court Rules. E-discovery is the use of electronic means to assist in finding, identifying, locating, retrieving, reviewing, listing or exchanging the documents described above. […]
Submissions to the Supreme Court, appealing the Court of Appeal decision of Wishart v Murray. Submissions completed as a requirement of Law 449: Selected Topics on Media Law Introduction These submissions support the appellant, Mr Wishart, in appealing the decision of the Court of Appeal partially overturning the decision in Wishart v Murray [2013] NZHC 540, [2013] 3 NZLR 246. In […]
Fair use, or fair dealing, that is the question. An opinion completed as a requirement for Law 404: Intellectual Property Should New Zealand reform the Copyright Act 1994 to incorporate a broader, more flexible “fair use” exception to copyright infringement based on the United States (US) model? The starting point in answering this question is to determine the purpose of copyright […]