Professor Michael Taggart, Sir Alexander Turner Professor of Law, The University of Auckland

Paul Rishworth

Mike Taggart, Sir Alexander Turner Professor of Law, died on 13 August 2009 after a two-and-a-half-year battle with cancer. He was 54 years old.
Mike was an Aucklander. He grew up in Dominion Rd, went to the local primary school and then to Mt Albert Grammar School. There he excelled both academically and in sport.

Equitable Claims under Section 4(9) of the Limitation Act 1950 and the Limitation Bill

Brandon Bang

It is commonly understood that claims for equitable relief are excluded from the Limitation Act 1950. But an exception to that exclusion is made for equitable relief so similar to a statute-barred counterpart at law, that it would be inequitable to allow such a relief to avoid the statutory bar. Considerable difficulty, and hence, divergence of judicial opinion, arises as to where the correspondence must be found.

The United Kingdom courts focus on remedies, while the New Zealand Court of Appeal has shifted the focus towards duties and causes of actions. This article argues for the former approach, which is better equipped to deal with pure financial wrong, than the latter approach, which has been adopted in sexual abuse cases. The Limitation Bill, which will replace the current regime, does away with the analogy concept altogether, endorses, by and large, the United Kingdom approach, and deals separately with sexual abuse victims, all of which are welcomed, save for some uncertainty around new concepts introduced by the Bill. Possible solutions are also canvassed.

The Irish President, the New Zealand Governor-General and the Head of State in a Future New Zealand Republic

B V Harris

Raising Questions About the Importance of Father Contact Within Current Family Law Practices

Julia Tolmie, Vivienne Elizabeth, Nicola Gavey

Twenty-one women who had disputes over care arrangements with the fathers of their children and were involved in New Zealand family law processes to resolve those disputes were interviewed about their experiences. This article compares their experiences of the importance attached to sustained and frequent face-to-face contact with fathers by some New Zealand family law professionals with what the research literature says about the parenting arrangements that best serve children post-separation. It notes a discrepancy between those two positions, with women perceiving that some professionals prioritize certain forms of father contact over other competing considerations that may be of more importance to the wellbeing of children.

Those professionals appear to work on the assumption, not supported by the research literature, that contact, and a substantial amount of it, is always good for children no matter what the circumstances. Such attitudes on the part of family law professionals were reported to be commonplace, although not universal. This article also briefly describes some of the pressures on family law professionals in the current New Zealand context to emphasise the benefit of frequent father contact over other concerns that might affect children’s post-separation wellbeing.

The Mysterious Case of the Housemaid: Domestic Workers in New Zealand Law

Jessie Williams, Lisa Tortell, Paul Callister

In New Zealand, domestic work was once an important source of paid employment for women, with shortages of workers met by migration from the British Isles. While it had almost disappeared as a paid occupation after the Second World War, a number of reasons suggest a likely increase in paid domestic workers in the near future, probably met, again, by migration. Nevertheless, little is known about New Zealand’s domestic workers and on the face of it, many of the arrangements appear to be labour-only relationships between the homeowners and the workers. However, paid domestic work fits uncomfortably with labour law, principally because the workplace is the private home.

This has meant that, overall, paid domestic work has, in a variety of ways, been a private matter in New Zealand, with the law left to attempt reconciliation between the roles and responsibilities of the “employer” and the homeowners’ mentality that one’s house is one’s castle. At the international level, the International Labour Organization has decided to include the issue of standard-setting on the agenda of the 99th Session of the International Labour Conference in 2010. This, but more importantly the demands of the ageing population, will make the place of domestic workers in New Zealand law a more current question, necessitating an analysis of how they are presently covered by the law, whether the precariousness and vulnerability that characterize much of the overseas experience can be seen on the ground in New Zealand and whether further legal regulation, or at the very least a review, is required.

Insurance Law

Neil Campbell

This review considers New Zealand judicial developments in insurance law over the past two years.

Non-Disclosure and Inducement
In my previous review, I examined the High Court decision in Jaggar v Lyttelton Marina Holdings Ltd [2006] 2 NZLR 87. This case arose out of a severe storm in October 2000 that caused damage to a number of boats that were moored in Lyttelton marina, including one owned by Mr and Mrs Jaggar. The Jaggars sued Lyttelton Marina Ltd and Saltwater Marinas (NZ) Ltd, which companies had been responsible for the development and construction of the marina. Those companies were insolvent, but had liability insurance with QBE Insurance (International) Ltd (“QBE”). The Jaggars, therefore, proceeded directly against QBE under s 9 of the Law Reform Act 1936...

Tort

PDF Stephen Todd

In certain rather ill-defined circumstances the maxim “ex turpi causa non oritur actio” can operate to provide a complete defence to an otherwise good claim in tort. The principle is based on public policy. Its purpose is not to protect a defendant from the consequences of his or her conduct but in an appropriate case to withhold relief from a plaintiff who is guilty of shameful conduct. Exactly how it fits into the framework of the law of torts is uncertain, but in two recent cases decided by the House of Lords some light has been thrown on this question...