The New Zealand Cases in World Trade Organisation Dispute Settlement: So Far, So Good
Amokura Kawharu |
This article examines the effectiveness of the World Trade Organisation (“WTO”) dispute settlement system in resolving disputes between New Zealand and other members of the WTO over the application and enforcement of the WTO’s trade rules. The WTO dispute settlement system was created to provide legal recourse for WTO members against other members who break the rules. New Zealand has either settled or succeeded on the merits of each claim it has pursued through the WTO system. However, following closer analysis of the New Zealand experience, the author suggests that structural and political aspects of the WTO system limit the extent to which it can be relied upon by New Zealand to bring about the prompt resolution of its claims. The author also notes that New Zealand has often taken advantage of its right to participate as a third party in WTO dispute settlement proceedings in order to promote its views on issues of systemic concern. |
Indirect Discrimination Reconsidered
Selene Mize |
Indirect discrimination law has frequently been misinterpreted by the courts and the Human Rights Review Tribunal. It involves a neutral practice or requirement that has a disproportionately negative effect on a particular group by reference to one or more of the grounds specified in the anti-discrimination legislation. This article examines indirect discrimination under both the Human Rights Act 1993 and the New Zealand Bill of Rights Act 1990. It argues that an appropriate balance must be struck between, on the one hand, the private and public interests in challenging facially neutral measures that have discriminatory effects, and, on the other, the interest of employers, the government, and others in avoiding constant challenges to their actions. Three factors are highlighted: a significantly disproportionate negative effect should be required; the “good reason” defence should not be made too stringent; and full enquiries on the merits of indirect discrimination claims against government should not be forestalled by using an overly restrictive definition of “discrimination” in s 19 of the New Zealand Bill of Rights Act 1990. |
Dealing with the Emerging Popularity of Sham Trusts
Jessica Palmer |
This article considers the doctrines of sham trust and alter ego, which are currently causing controversy among trust lawyers. The author analyses recent decisions of the High Court involving allegations of sham trust and alter ego, as well as relevant authorities from other jurisdictions, and assesses the legitimacy of the concepts in the context of established trusts law. While the author accepts the existence of sham trusts, she advocates for a narrower ambit, limiting their application to ab initio shams only, and rejects both emerging shams and alter egos. Further, the relevant intention with which sham trusts are concerned is that of the settlor only, and there should therefore be no requirement of a common sham intention as a prerequisite to finding a sham trust. |
Reviews |
Contract Law: Andrew Beck
Criminal Law: Kevin Dawkins& Margaret Briggs
Employment Law: Paul Roth |
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2007 Issues 
