LAW THESES, MASTERS AND HONOURS PAPERS 2005 DEPOSITED IN THE LAW LIBRARY

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1 157 LAW THESES, MASTERS AND HONOURS PAPERS 2005 ACCIDENT COMPENSATION LAW DEPOSITED IN THE LAW LIBRARY Barris, William Bryant, Catherine Hill, Mieke Marten, Bevan Ngatai, Richard Rudat, Malwina Strachan, Elizabeth Werthmann, Rainer ADMINISTRATIVE LAW Coates, Jonathan Edlin, Nicholas Hope, Kirk Islam, Ashna Kampmann, Soren Kellermann, Martina Reconstructing the Egg Shell Skull: Pre Existing Conditions and Accident Compensation Righting Victims' Wrongs: Increasing ACC Entitlements for Victims of Crime Tort or ACC? the Tension Within the Context of Mental Injury by Criminal Conduct in the ARCI Act 1992 Risky Adventures on the South Seas: Personal Injury and Maritime Law in New Zealand ACC and Human Rights: Disabling Equity Psychiatric Injury Claims Some Comparative Aspects Medical Misadventure vs Treatment Injury ACC and Recovery of Payments An Analysis and a Comparison to German Law Improving the Quality of Health Services: Is the Regulatory Framework up to the Task? (PhD Thesis) Debt Recovery Under the Social Security Act 1964: An Analysis of the Chief Executive's Discretion Public Policy Issues in Banking Regulation: A Case Study of the Reserve Bank of New Zealand Regulating Entry into the Surgical Market in New Zealand Need for Regulation and Different Labelling Approaches to Genetically Modified Foods Regulating Surrogacy: What Is the Right Approach? An Economic and Legal Perspective Krebs, Bjoern The Regulation of Organ Procurement in New Zealand Welcome to the Club

2 158 (2006) 37 VUWLR Schulz, Andreas Van Der Zouwe, David Versteeg, Tessa Winson, Stephanie BILL OF RIGHTS LAW Becker, Joerg Bromwich, Tessa Carter, Laura Fackney, Emily Joe, Carina Johns, Lorraine Krall, Oliver Leplow, Martina Meech, Jessica Mildenhall, Joanne Enforcing New Zealand's Public Procurement Regulation Through Judicial Review Judicial Review of Local Government Decision Making Under the Local Government Act 2002 a Time for Deference? Accountability of Government Departments in New Zealand: Issues Under the Public Finance Act 1989 Delegated Legislation: Balancing Administrative Efficiency and Public Accountability Impact of the New Zealand Bill of Rights Act 1990 on the Freedom of Expression Before the Courts Balancing Freedoms: A Critique of New Zealand's Hate Speech Legislation in Light of the New South Wales and Victorian Experience Giving the Courts Power to Uphold the New Zealand Bill of Rights The Right to Protest in New Zealand A Discussion of Relevant Laws, Police Action and Court Interpretations Regarding Protest Since the New Zealand Bill of Rights Act 1990 Freedom of Commercial Expression in New Zealand The Free Expression of New Zealand School Students The Right of Privacy in New Zealand and Germany: A General Comparison With Reference to the Aspect of (Intimate) Covert Filming In the Media's Eye: Privacy Rights of Celebrities in New Zealand, Germany and Canada Name Them and Shame Them? A Critique of Name Suppression Law in New Zealand Informants and Information: Journalists and Confidentiality

3 RECENT RESEARCH Quirke, Paul Drawing Back the Corporate Veil: Reforming the Commercial Activities Exemption in Section 9(2)(I) of the Official Information Act 1982 Rendell, Julia Rieger, Thomas Rubienzik, Timo Sissons, Tim Stewart, Asha Vogelsang, Silke Withy, Vanessa Yardley, Michelle COMMERCIAL LAW Gilbert, Alexandra Hope, Kirk Joe, Carina Kusuma, Shinta May, Richard Veiled Witnesses, Fair Trials and the Bill of Rights: A Case Note on Police v Razamjoo Balancing Copyrights and Privacy Rights Anonymous Peer to Peer Usage on the Internet Private and Internet Usage in the Employment Domain The Freedom of Expression of New Zealand Public Employees The Broadcasting Standards Authority and Accuracy: Fostering Fair Broadcasting for New Zealanders? Censorship and the Protection of Minors An Analysis on the Basis of New Zealand's and Germany's Legal Positions The Fight for True Equality: Civil Unions Versus Same Sex Marriage Assessing the Significance of Civil Unions On the Right to Freedom From Discrimination on the Basis of Sexual Orientation Tipping the Scales Against Freedom of Expression? The Application of the Balance Standard by the Broadcasting Standards Authority Does New Zealand Need New Merger Legislation? Public Policy Issues in Banking Regulation: A Case Study of the Reserve Bank of New Zealand Freedom of Commercial Expression in New Zealand Producer Gains Versus Consumer Losses What Role do Efficiencies Play in European Horizontal Merger Evaluation? Get Your Hands off My Assets. Interpretation of Security Agreements Under the Personal Properties Securities Act 1999

4 160 (2006) 37 VUWLR Quirke, Paul Drawing Back the Corporate Veil: Reforming the Commercial Activities Exemption in Section 9(2)(I) of the Official Information Act 1982 Robinson, Helen COMPARATIVE LAW Baukholt, Dirk Daub, Falko Gilbert, Alexandra Hu, Yiwen Kefu, Asipeli Krall, Oliver Kusuma, Shinta Leplow, Martina Lohrum, Ulf Mohs, Florian Nyamdorj, Ankhbayar The Financial Intermediaries Task Force: A Critical Analysis of the Recommended Reforms European Corporate Governance Is Germany Able to Keep Pace? Monitoring Corporations from the Inside How Sarbanes Oxley Fails to Implement A Working Concept The Best of Two Worlds? The DaimlerChrysler Merger and Corporate Governance China: How to Challenge Nonmarket Economy Status and Unfair Antidumping Practice Recent Constitutional Developments in Tonga: Where to Now? The Right of Privacy in New Zealand and Germany: A General Comparison with Reference to the Aspect of (Intimate) Covert Filming Producer Gains Versus Consumer Losses What Role do Efficiencies Play in European Horizontal Merger Evaluation? In the Media's Eye: Privacy Rights of Celebrities in New Zealand, Germany and Canada The Past and Present of America's and Germany's Monitoring Structures on Corporate Performance Change of Position. A Comparison of the Defence of Change of Position Under New Zealand Statute and Common Law and English Law With the Defence of 'Wegfall Der Bereicherung' Under German and Swiss Law (LLM Dissertation) Corporate Governance of State Owned Enterprises: A Comparative Study in New Zealand and Mongolia

5 RECENT RESEARCH Rudat, Malwina Streufert, Ulrike Vogelsang, Silke Wang, Zhengyang Weiss, Silke Werthmann, Rainer CONSTITUTIONAL LAW Carter, Laura Kefu, Asipeli Kula, Dominika Macdonald, Angela Mckeever, Fionnuala Northover, Hannah Prebble, Rebecca Prebble, Zoe Scott, Rebecca Psychiatric Injury Claims Some Comparative Aspects Environmental Mediation in a Statutory Context: A Comparison Between New Zealand and Germany (LLM Thesis) Censorship and the Protection of Minors An Analysis on the Basis of New Zealand's and Germany's Legal Positions The Legal Mechanisms of Protecting Public Interest in Chinese Contract Law in the Period Since 1981 The Problem of Access to Aids Drugs in South Africa ACC and Recovery of Payments An Analysis and a Comparison to German Law Giving the Courts Power to Uphold the New Zealand Bill of Rights Recent Constitutional Developments in Tonga: Where to Now? Stalking Legislation Protection At the Expense of Constitutional Principles? Constraining a President a Republican Challenge for Australia and New Zealand MMP and the New Zealand Constitution: How the Advent of a Proportional Representation Electoral System has Altered the Relationship Between the Legislative and Executive and Executive Branches of Government Legislative Reference to the Treaty of Waitangi The Trouble with Convenience: Problems Arising from the use of the Affirmative Resolution Procedure to Amend Legislation The Epistemology of the New Zealand Constitution: Do We Know our Constitution When We See It? The Constitutional Convention Against Political Criticism of the Judiciary: On the Road to Extinction?

6 162 (2006) 37 VUWLR Sijbrant, Lynne Van Der Zouwe, David The Constitutional Discourse Surrounding the Creation of New Zealand's Supreme Court Clarification of the Position of the Treaty of Waitangi in New Zealand's Constitution White Robinson, Mark Electoral Reform: MMP, Political Parties and Proportionality Wilson, Christopher James Wilson, Hyden CONTRACT LAW Hudson, Kate Rowe, Dominic Thomson, William Walker, Andrea Wang, Zhengyang CORPORATE GOVERNANCE Baukholt, Dirk Daub, Falko Fountain, Matthew Francis, Rochelle Gielen, Claudia The Appointment of Judges: Time for a Change? The Law Officers of the Crown as Constitutional Actors Payment of Deposits the Supreme Court's First Contract Case 'Outrageous' Decisions Exemplary Damages Awards in Contract The Spectrum: A New Approach to the Place of Tort in a Contractual Matrix Creating Reality: How Good Faith Can Make an Illusory Contract Enforceable The Legal Mechanisms of Protecting Public Interest in Chinese Contract Law in the Period Since 1981 European Corporate Governance is Germany Able to Keep Pace? Monitoring Corporations From the Inside How Sarbanes Oxley Fails to Implement a Working Concept Section 201 of the Sarbanes Oxley Act 2002 (US): An Analysis of its Application to New Zealand Companies and Accounting Firms The Crown Entities Act 2004: Corporate Governance in the State Sector Corporate Codes of Ethics a Closer Look at Purpose, Use and Room for Improvement

7 RECENT RESEARCH Gilbert, Alexandra Kleinert, Liliane Lohrum, Ulf Morrison, Ana Nyamdorj, Ankhbayar Schoenemann, Andreas Soroko, Jakob Standage, Jane Yeh, Andrew CRIMINAL LAW Jackson, Fiona Meech, Jessica Paton, Rebecca Pfauter, Saskia Sparksman, Sierra Wright, Peter The Best of Two Worlds? The DaimlerChrysler Merger and Corporate Governance Gender Diversity on Corporate Boards Women Directors as a Profitable Investment The Past and Present of America's and Germany's Monitoring Structures on Corporate Performance What Does Culture do to Corporate Governance? Cultural Influence in the Corporate Governance of Organisations Corporate Governance of State Owned Enterprises: A Comparative Study in New Zealand and Mongolia Executive Remuneration in New Zealand and Australia Do Current Laws, Rules and Guidelines Ensure 'Pay for Performance'? Corporate Governance for Closely Held Companies a Comparison Between New Zealand and Delaware Corporate Groups: Approaches to Regulation: the Separate Entity Approach v the Single Enterprise Approach Should We Have Sarbanes Oxley Rules in New Zealand? What's in a Name? Name Suppression and the Need for Public Interest Name Them and Shame Them? A Critique of Name Suppression Law in New Zealand Integrating Restorative Justice in New Zealand Changing the Cannabis Policy Or Is the Most Powerful Cannabis Law the Law of Supply and Demand? Restorative Justice Processes Used in Cases of Adult Sexual Violence Criminal Punishment Without Civil Rights: the Criminal Proceeds and Instruments Bill's Punitive Civil Sanctions

8 164 (2006) 37 VUWLR E LAW Kirton, Thomas Leplow, Martina Lienau, Olaf Rieger, Thomas Rubienzik, Timo Schulz, Andreas EMPLOYMENT LAW Rubienzik, Timo Zoubkov, Paul ENVIRONMENTAL LAW Gradwell, Frank Jang, Stef Shone, Brigette Streufert, Ulrike Young, Fleur Rediscovering Discovery An Examination of Cost Apportionment in Electronic Discovery Copyright and Peer to Peer Technology: Operators' Liability in New Zealand Effectiveness Versus Uncertainty the Hague Convention on Choice of Court Agreements and its Suitability For and Influence on E Commerce Balancing Copyright and Privacy Rights Anonymous Peerto Peer Usage on the Internet Private and Internet Usage in the Employment Domain Promoting Open Source Software Through Ex Ante Preferences in Government Procurement Private and Internet Usage in the Employment Domain The Price is Right? True Costs of Overtime and How to Stop the Pacman The Emitter Both Pays and Earns Emissions Trading Examined Sufficiency of Information: A New Prerequisite for Dispensing With Notification Under the Resource Management Act? Swimming Upstream? The Establishment of a Property Rights Framework for Freshwater Resources in New Zealand Environmental Mediation in a Statutory Context: A Comparison Between New Zealand and Germany (LLM Thesis) Thirsting for a Change: The Use of Tradable Water Rights in New Zealand

9 RECENT RESEARCH FAMILY LAW Campbell, Joanna Edlin, Nicholas Eng, Soh Sie Jessic Jackson, Fiona Jackson, Karen Kellermann, Martina Kerr, Jessica Kula, Dominika Porteous, Sandra Rippingale, Grace Ryan, Caitlin Watt, Esther Watt, Esther Withy, Vanessa The New Zealand Civil Union Act: New Challenges for Private International Law Debt Recovery Under the Social Security Act 1964: An Analysis of the Chief Executive's Discretion Interpreting Legislation and the Role of the Judiciary in the Development of Social Policy What's in a Name? Name Suppression and the Need for Public interest Religion and the Law: Conservative Christians and Faith Based Perspectives in the Development of Family Law and Policy Regulating Surrogacy: What Is the Right Approach? An Economic and Legal Perspective Immunisation and the Law: Slippery Slope to a Healthy Society Stalking Legislation Protection At the Expense of Constitutional Principles? Children and Consent to Adoptions Civil Unions in New Zealand Exploring Decision Making at the Edge of Viability: Policies and Principles of Neonatal Treatment In the Name of the Father: Penalising Sole Parent Beneficiaries for Failure to Identify the Other Parent in Law The DIY Approach to Family Law: Appointing Step Parents as Additional Guardian Under the Care of Children Act 2004 The Fight for True Equality: Civil Unions Versus Same Sex Marriage Assessing the Significance of Civil Unions On the Right to Freedom From Discrimination on the Basis of Sexual Orientation

10 166 (2006) 37 VUWLR HEALTH LAW Coates, Jonathan Kerr, Jessica Improving the Quality of Health Services: Is the Regulatory Framework Up to the Task (PhD Thesis) Immunisation and the Law: Slippery Slope to a Healthy Society Krebs, Bjoern The Regulation of Organ Procurement in New Zealand Welcome to the Club Parker, Sarah Weiss, Silke HUMAN RIGHTS Ahn, Sumin Brunton, Rachel Campbell, Joanna Ensuring Low Cost Access to Primary Health Services: Primary Healthy Organisations and GP Fees The Problem of Access to Aids Drugs in South Africa Mamatkulov and Askarov v Turkey: Interim Measures in the European Court of Human Rights: A Comment in Light of the Court's Jurisprudence and Relevant International Law Principles New Zealand's Approach to Gender Based Refugee Claims: Refugee Appeal No and The New Zealand Civil Union Act: New Challenges for Private International Law McLachlan, Hamish Making Poverty History by Taking Recognition Seriously Recognition of Governments and its Effect On the Right to an Adequate Standard of Living Ngatai, Richard Rodgers Smith, Catherine Robins, Greg Schauhoff, Vera Shone, Brigette ACC and Human Rights: Disabling Equity To What Extent May States Derogate From the Fundamental Right to Liberty in Order to Protect Themselves Against Terrorism? The Rights of Prisoners to Vote: A Review of Prisoner Disenfranchisement in New Zealand The World Bank Inspection Panel: An Effective Tool for the Protection of Human Rights? The Intersection of International Human Rights Law With Foreign Investment in a Foreign Investment Dispute at ICSID

11 RECENT RESEARCH Van Slyke, Brandon IMMIGRATION LAW Brunton, Rachel Vaughan Sanders, Natalie INDIGENOUS RIGHTS Cleary, Fiona Mathieson, Lucy Northover, Hannah Van Der Zouwe, David INTELLECTUAL PROPERTY Leplow, Martina McGowan, Michael Rieger, Thomas INTERNATIONAL LAW Ahn, Sumin Campbell, Joanna The Extraterritorial Application of the European Convention on Human Rights New Zealand's Approach to Gender Based Refugee Claims: Refugee Appeal No and Does a Discreet Living Homosexual Have a Well Founded Fear of Being Persecuted for the Purposes of the 1951 Convention Relating to the Status of Refugees? 'Continuous Title to Contiguous Land' a Strict Test Foreshore! A Critique of Territorial Customary Rights Under the Foreshore and Seabed Act 2004 Issues of Sovereignty and Self Determination in the Conflict Setting: Examining an Argument for Extending Indigenous and Tribal Peoples' Rights in Judicial Decisions Over Territorial Disputes Legislative Reference to the Treaty of Waitangi Clarification of the Position of the Treat of Waitangi in New Zealand's Constitution Copyright and Peer to Peer Technology: Operators' Liability in New Zealand Four Dimension of Diamond T: Combination Trade Marks of Colours and Shapes Balancing Copyrights and Privacy Rights Anonymous Peer to Peer Usage On the Internet Mamatkulov and Askarov v Turkey: Interim Measures in the European Court of Human Rights: A Comment in Light of the Court's Jurisprudence and Relevant International Law Principles The New Zealand Civil Union Act: New Challenges for Private International Law

12 168 (2006) 37 VUWLR Cowan, Anna Herzog, Sandra Kefu, Asipeli King, Hugh Non Governmental Organisations, Emergency Relief, and International Law: Disaster Response or Disastrous Response? The Threat of Nuclear Weapons in International Law The Case of North Korea Peace and Security Crises in the Pacific: Formalising the Pacific Islands Forum's Peace and Security Framework Immunities and Bilateral Immunity Agreements: Issues Arising From Articles 27 and 98 of the Rome Statute Kusy, Petr World Bank Conditionality: Special Circumstances, Structural Adjustment, and Development Policy Lending: Is There a Legal Basis for All the Practice? Loan, Michael McAloon Balfour, Clare Global Legislation and the Sanctioning of Non State Actors: the Legitimacy of the Security Council's Response to Terrorism Alleged 'Mission Creep' at the IMF is Legal in Terms of its Articles of Agreement and Necessary to Effectively Fulfil its Purposes as Set Out in its Constituent Instrument McLachlan, Hamish Making Poverty History by Taking Recognition Seriously Recognition of Governments and its Effect On the Right to an Adequate Standard of Living Rodgers Smith, Catherine Schauhoff, Vera Shone, Brigette Sudbrock, Christian Thoma, Markus To What Extent May States Derogate From the Fundamental Right to Liberty in Order to Protect Themselves Against Terrorism? The World Bank Inspection Panel: An Effective Tool for the Protection of Human Rights? The Intersection of International Human Rights Law with Foreign Investment in a Foreign Investment Dispute at ICSID What Impact Would Lowering Agricultural Tariffs (Through the Doha Round of WTO Negotiations) Have for Europe's Cap? The Fight Against International Corruption the Need for Unified Action

13 RECENT RESEARCH Van Slyke, Brandon Vaughan Sanders, Natalie The Extraterritorial Application of the European Convention on Human Rights Does a Discreet Living Homosexual Have a Well Founded Fear of Being Persecuted for the Purposes of the 1951 Convention Relating to the Status of Refugees? Weiler, Andreas INTERNATIONAL COMMERCIAL CONTRACTS The Interplay Between the Fourth Geneva Convention and Other Duties of an Occupying Power The Decisions of the International Court of Justice and the Supreme Court of Israel Concerning the Construction of a Wall in the Occupied Palestinian Territories Anderson, Nicholai Delvos, Oliver Gradwell, Frank Hu, Yiwen Koch, Stefan Lienau, Olaf Meier Kaienburg,Nils Mohs, Florian Awards According to the Length of an Arbitrator's Foot? Equity Clauses, Amiable Composition and Awards Made Ex Aequo et Bono The English Reluctance Towards the CISG Justified, in Regard to the Formation of a Contract? A Comparative Analysis Considering Recent Developments in English Contract Law The Emitter Both Pays and Earns Emissions Trading Examined Compulsory Arbitrator List and Ad Hoc Arbitration Absence: Two Defects Restrict Party Autonomy of International Commercial Arbitration in China Set off and the United Nations Convention On Contracts for the International Sale of Goods (1980) (CISG) Effectiveness Versus Uncertainty the Hague Convention on Choice of Court Agreements and its Suitability For and Influence on E Commerce The WTO's Toughest Case An Examination of the Effectiveness of the WTO Dispute Resolution Procedure in the Airbus Boeing Dispute Over Aircraft Subsidies Change of Position. A Comparison of the Defence of Change of Position Under New Zealand Statute and Common Law and English Law With the Defence of 'Wegfall Der

14 170 (2006) 37 VUWLR Bereicherung' Under German and Swiss Law (LLM Dissertation) Radtke, Antje Schmidt, Philipp Spletzer, Christine Von Kleist, Alexander Wang, Zhengyang Whittington, Nicholas Zimmermann, Nicole INTERNATIONAL TRADE Dubas, Adam Gindler, Michael Meier Kaienburg, Nils Sudbrock, Christian LAW & MARKETS Ehlert, Alexander Liberalisation of the Public Sector Through GATS To What Extent can the Incomplete Provisions on Damages of the CISG be Supported by Those of the Unidroit Principles and the Principles of European Contract Law? Can Judges Be Mediators? Court Connected Mediation in New Zealand and Germany 'Culture Quotas' Necessary and Effective Means of Preserving Cultural Diversity Now and in the Future The Legal Mechanisms of Protecting Public Interest in Chinese Contract Law in the Period Since 1981 Remedies for Breach of Sale of Goods Contracts: Time for Reconsideration in Light of the CISG Social Dimension of Globalisation Social Standards, the Trade Labour Link and Effects on International Commercial Contracts Tax Based Incentives for Exports: Are they Properly Dealt With By Trade Agreements? (LLM Thesis) International Trade in Genetically Modified (GM) Foods: Different Regulatory Regimes and the Compatibility of the European Communities' GM Food Regulation With World Trade Law (LLM Thesis) The WTO's Toughest Case An Examination of the Effectiveness of the WTO Dispute Resolution Procedure in the Airbus Boeing Dispute Over Aircraft Subsidies What Impact Would Lowering Agricultural Tariffs (Through the Doha Round of WTO Negotiations) Have for Europe's Cap? Development and Regulation in the New Zealand and German Electricity Industries

15 RECENT RESEARCH Gradwell, Frank Hilgenstock, Christopher Islam, Ashna Kampmann, Soren The Emitter Both Pays and Earns Emissions Trading Examined Influencing Markets by Legal Means Regulation of the Prostitution Market Regulating Entry into the Surgical Market in New Zealand Need for Regulation and Different Labelling Approaches to Genetically Modified Foods Krebs, Bjoern The Regulation of Organ Procurement in New Zealand Welcome to the Club Kusuma, Shinta Pfauter, Saskia Schmidt, Philipp Schulz, Andreas Weber, Holger Weiss, Silke LEGAL HISTORY Hubbard, Jane Kerr, Jessica Ryan, Thaddeus LOCAL GOVERNMENT Van Der Zouwe, David Producer Gains Versus Consumer Losses What Role do Efficiencies Play in European Horizontal Merger Evaluation? Changing the Cannabis Policy Or Is the Most Powerful Cannabis Law the Law of Supply and Demand? The Regulation of Telecommunications Markets is There A Best Approach? Enforcing New Zealand's Public Procurement Regulation Through Judicial Review De Peering Should the Government Intervene in the Interconnection Market? The Problem of Access to Aids Drugs in South Africa The Politics of Conscription : A Comparison Between New Zealand, Britain and Australia Acclamation of Judicial Autonomy: the Dissents of the Rt Hon Justice E W Thomas The Third University? The Education of Common Law Pleaders By the Inns of Court and Chancery, Judicial Review of Local Government Decision Making Under the Local Government Act 2002 A Time for Deference?

16 172 (2006) 37 VUWLR MARITIME LAW Hardacre, Elizabeth Legal Regulation of Bottom Trawling On the High Seas Herzog, Sandra Denise The Precautionary Principle: Current Status and Implementation in International Maritime Law Marten, Bevan MEDICAL LAW Islam, Ashna Lienau, Olaf Robertson, Amy De Joux Ryan, Caitlin PRIVACY Krall, Oliver Leplow, Martina Rieger, Thomas Rubienzik, Timo PROCEDURE Barnett, Anna Kirton, Thomas Leadbetter, Stephan Risky Adventures On the South Seas: Personal Injury and Maritime Law in New Zealand Regulating Entry into the Surgical Market in New Zealand Preimplantation Genetic Diagnosis A Comparative Contribution to New Zealand's Regulation A Right to Life? Advance Directives and the Provision of Life Prolonging Treatment Exploring Decision Making at the Edge of Viability: Policies and Principles of Neonatal Treatment The Right of Privacy in New Zealand and Germany: A General Comparison with Reference to the Aspect of (Intimate) Covert Filming In the Media's Eye: Privacy Rights of Celebrities in New Zealand, Germany and Canada Balancing Copyrights and Privacy Rights Anonymous Peer to Peer Usage on the Internet Private and Internet Usage in the Employment Domain Whose Privilege is it Anyway? Legislative Drafting Documents and Legal Professional Privilege Rediscovering Discovery An Examination of Cost Apportionment in Electronic Discovery Ill Gotten Gains: Regulations, Rising Civil Court Fees, and the Protection of Access to Justice

17 RECENT RESEARCH Sparksman, Sierra Whalley, Nicholas PROPERTY LAW Cleary, Fiona Gradwell, Frank Sharp, Katherine Shone, Brigette Young, Fleur SUCCESSION Bauer, Andreas TAX Dubas, Adam Prebble, Zoe TORT Hill, Mieke King, Hugh Restorative Justice Processes Used in Cases of Adult Sexual Violence Lost in Translation: Giving Effect to the Non English Speaking Defendant's Right to an Interpreter Continuous Title to Continguous Land A Strict Test Foreshore! A Critique of Territorial Customary Rights Under the Foreshore and Seabed Act 2004 The Emitter Both Pays and Earns Emissions Trading Examined The Right of Exclusive Possession: the Fundamental Distinction Between a Lease and a Licence Following the Decision in Fatac Ltd (in Liquidation) v Commissioner of Inland Revenue Swimming Upstream? The Establishment of a Property Rights Framework for Freshwater Resources in New Zealand Thirsting for a Change: the Use of Tradable Water Rights in New Zealand The Law Commission's Succession Project: A Critical Analysis and an Alternative Model (LLM Thesis) Tax Based Incentives for Exports: Are They Properly Dealt With By Trade Agreements? (LLM Thesis) The Morality of Tax Avoidance: Why the Legal Difference Between Avoidance and Evasion is Insufficient to Ground a Moral Distinction Tort or ACC? The Tension Within the Context of Mental Injury by Criminal Conduct in the Arci Act 1992 SOSA v Alvarez Machain and the Alien Tort Claims Act

18 174 (2006) 37 VUWLR Robertson, Amy De Joux Loss of a Chance? A Critique of the House of Lords' Approach to Causation and Damage in Medical Negligence Thomson, William WAR AND EMERGENCY POWERS The Spectrum: A New Approach to the Place of Tort in A Contractual Matrix Hubbard, Jane The Politics of Conscription : A Comparison Between New Zealand, Britain and Australia