Unfair Terms in Standard Form Consumer Contracts

This paper explores the amendments to the Fair trading Act 1986 introducing provisions preventing the use of unfair terms in standard form consumer contracts. The amendments are drafted in close line with Australian federal and state legislation addressing unfair terms. This paper outlines the provisions, identifies two key differences between the Australian and New Zealand legislation, and argues that as a result of those differences the protection will not be effective. The ultimate conclusion reached is that consumers in New Zealand are now protected from unfair terms within standard form contracts in form but not substanc

Reform of the Rules for the Rising Seas

New Zealand's existing law and policy is not adequate to provide for appropriate adaptation to the effects of climate change. There have been widespread calls for law reform, particularly to the laws affecting local government decision-making on the adoption of climate adaptation mechanisms, such as the Resource Management Act 1991 (RMA). The author is one researcher who has identified the need for law reform in this area, focusing on the (in)ability of the RMA to deal with the adaptation necessary to handle the expected effects of sea-level rise. In July 2020 an independent Resource Management Review Panel (the Randerson panel) recommended replacing the current Resource Management Act with a completely new resource management system and suite of laws. One of the topics addressed in the Panel's 531-page report is law reform for climate adaptation. The Panel recommended the adoption of a separate Climate Adaptation and Managed Retreat Act to enable better decision-making processes and results. The government has adopted the Panel's recommendations and is in the process of drafting legislation to implement them. This article addresses how well the proposed reforms address the specific needs for reform identified in the author's prior work on this topic

Treaty of Waitangi Principles Relevant to Adaptation to Coastal Hazards from Sea-Level Rise

This article addresses some duties that arise under Te Tiriti o Waitangi/the Treaty of Waitangi that are commonly referred to as "Treaty principles", and applies them to the new issue of protection of Māori interests in the face of coastal hazards associated with sea-level rise. It summarises the Māori interests likely to be affected by sea-level rise and related coastal hazards, and some adaptation measures. It summarises existing information on Crown duties under the Treaty of Waitangi with some comment on their application to local authorities. This includes a summary of the Treaty duties of the Crown (held by central government) and an explanation of how they are enforced. It outlines the Waitangi Tribunal decision on the MV Rena as an illustration of duties relevant to the handling of a disaster that damaged the coastal environment. It then discusses climate adaptation initiatives in the light of Treaty obligations, suggesting what Treaty principles might require of decision-makers and decision-making on climate adaptation measures under current law. While the focus of this article is limited to what existing law on the Treaty principles might require of government, it also briefly addresses recent developments that might expand legal obligations in the future. While this article stems from a project addressing adaptation to coastal hazards from sea-level rise, these findings and principles will be relevant to all climate adaptation decision-making, such as in relation to handling future floods and droughts

Making Comments on Making Constitutions

This article comments on the "Making Constitutions" seminar panellists' articles that discuss constitutional reform, including Sir Geoffrey Palmer's call for a self-reflective society that needs its own constitution, Alison Quentin-Baxter's balancing act between continuity in the existing system and radical change, Dr Alex Frame's discussion of constitutional "architects" and "excavators", and Sir John Wallace's practical reflections on New Zealand's shift to the MMP system of government. The author provides an overview of themes and lessons from the panellists' articles, including the value of comparative study, the need for respected advisors and public confidence, and the role of lawyers. The author concludes that any talk of reform must begin imminently to improve New Zealand's lower level of public awareness about New Zealand's constitution.&nbsp

The Use of Tangata Whenua and Mana Whenua in New Zealand Legislation: Attempts at Cultural Recognition

This paper discusses the range of uses of the phrases tangata whenua and mana whenua in New Zealand Acts, the issues that have arisen as a consequence, and identifies some suggestions for addressing those issues

Climate Change Adaptation in the Environment Court: Revisiting the 2010 Holt Case

Common law precedents for some resource consent approvals in Aotearoa New Zealand are out of date due to the rapid increase in the science and understanding of the effects of climate change. This article considers one 2010 Environment Court case on a resource consent for building in the coastal area. It examines how the case would be decided if it arose today, with the benefit of the relevant law, policies and guidance now available to decision-makers. It suggests that the option taken by the Court in 2010, whereby the owners assumed the relevant inundation risks, would not be so available to a court today. This case is thus no longer good law

Sea Level Rise and Local Government: policy gaps and opportunities

Local authorities in New Zealand have a significant responsibility to their communities for managing the effects of sea level rise due to climate change. However, while most local authorities are well engaged and have a clear understanding of issues arising from sea level rise, 73% report that their organisations do not receive enough direction from central government on how to respond. Territorial authorities in particular are seeking a stronger lead, such as legislative reform, clearer and more directive policy, clarification of responsibilities, or a national environmental standard on coastal hazard management. Central government direction is seen as critical to achieve a nationally consistent and equitable approach for coastal communities. This article summarises how this could be addressed, and identifies key challenges facing local government in adapting to sea level rise and climate change