The Abolition or Retention of the Privy Council as the Final Court of Appeal for New Zealand: Conflict Between National Identity and Legal Pragmatism

2003 ◽  
Author(s):  
Noel S. Cox
Keyword(s):  
National Identity ◽  
New Zealand ◽  
Privy Council ◽  
Legal Pragmatism ◽  
Court Of Appeal

scholarly journals The Illusory Trust Doctrine: Formal or Substantive?

2020 ◽  
Vol 51 (2) ◽  
pp. 193
Author(s):  
Mark Bennett
Keyword(s):  
New Zealand ◽  
Privy Council ◽  
Cook Islands ◽  
Trust Law ◽  
Court Of Appeal

"A document is put before us. Does it or does it not create a trust?" This article considers the illusory trust doctrine (ITD) and claims that although the ITD has been criticised as doctrinally unfounded and therefore based in substantive, non-legal reasons rather than pre-existing law, there are formal reasons of trusts law to support it. It begins by considering Atiyah and Summers' concepts of form and substance, and then examines how they apply in the context of equity (in general), and then trusts law (in particular). It then briefly considers a number of recent decisions on the ITD: the four cases constituting the Clayton v Clayton litigation in New Zealand, Pugachev and the Cook Islands Court of Appeal and Privy Council decisions in Webb v Webb. Finally, it analyses these ITD decisions using the form and substance distinction, concluding that it is arguable that the ITD is grounded in principles of established trust law, as opposed to purely substantive reasoning.

scholarly journals Hohepa Wi Neera: Native Title and the Privy Council Challenge

2004 ◽  
Vol 35 (1) ◽  
pp. 73
Author(s):  
John William Tate
Keyword(s):  
New Zealand ◽  
The Other ◽  
Privy Council ◽  
Native Title ◽  
Other Hand ◽  
Solicitor General ◽  
The One ◽  
Court Of Appeal

The case of Hohepa Wi Neera illustrates an unprecedented clash of judicial approaches to native title claims. On the one hand, the New Zealand Court of Appeal was determined to continue the line of reasoning most notably enshrined in Wi Parata v Bishop of Wellington. On the other hand, the Privy Council, in Nireaha Tamaki v Baker had partially overturned Wi Parata by insisting that native title fell within the jurisdiction of the courts, at least when prerogative powers were not involved. The author argues that in Hohepa Wi Neera, the Court of Appeal quite deliberately tried to avoid the implications of the Privy Council's decision. In doing so, it exhibited a marked "colonial consciousness" which it was prepared to defend even to the extent of open breach with the Privy Council. The 1912 case of Tamihana Korokai v Solicitor-General, however, showed the extent to which the Court of Appeal was capable of shedding that "colonial consciousness" and embracing the earlier Privy Council ruling. The author demonstrates that this apparent irony sheds light on our understanding of the earlier cases.

FIXED AND FLOATING CHARGES

2001 ◽  
Vol 60 (3) ◽  
pp. 441-492
Author(s):  
Philip R. Wood
Keyword(s):  
New Zealand ◽  
Fixed Charge ◽  
Privy Council ◽  
Council Decision ◽  
Inland Revenue ◽  
A Charge ◽  
A Company ◽  
Court Of Appeal ◽  
At Will

The Privy Council decision in Agnew v. Inland Revenue Commissioner [2001] B.C.C. 252 (on appeal from the New Zealand Court of Appeal in Re Brumark Investments Ltd.) decides that where a charge over the uncollected book debts of a company leaves the company free to collect and then to use the proceeds for its own benefit in the ordinary course of business, the charge is inevitably a floating charge and not a fixed charge, whatever the debenture might say. The court’s reason for this, in short, was that it makes no commercial sense to separate a book debt from its proceeds and so, if the company can use the proceeds at will, then the charge on the debt itself must be a floating charge.

Proprietary Claims and Their Priority in Insolvency

1995 ◽  
Vol 54 (2) ◽  
pp. 377-429 ◽  
Author(s):  
A. J. Oakley
Keyword(s):  
Hong Kong ◽  
New Zealand ◽  
Attorney General ◽  
Public Prosecutor ◽  
Privy Council ◽  
The Public ◽  
Official Position ◽  
The Government ◽  
Court Of Appeal

Two recent successful appeals to the Privy Council from the Court of Appeal of New Zealand have once again emphasised the importance of proprietary claims in conferring priority in insolvency over the claims of the general creditors of a bankrupt. Attorney-General for Hong Kong v. Reid1 concerned land in New Zealand purchased with the proceeds of bribes accepted by a Hong Kong Public Prosecutor as an inducement to exploit his official position to obstruct the prosecution of certain criminals. The Privy Council imposed a constructive trust where the Court of Appeal of New Zealand had, in accordance with precedent,2 denied one and thus enabled the Government of Hong Kong to recover the land in priority to any other creditors of the Public Prosecutor. In Re Goldcorp Exchange3 concerned the liquidation of a gold-dealer which had offered its purchasers the option of leaving their gold in its custody as “non-allocated bullion”.

The Unity of the Common Law and the Ending of Appeals to the Privy Council

2005 ◽  
Vol 54 (1) ◽  
pp. 197-210 ◽  
Author(s):  
KJ Keith
Keyword(s):  
New Zealand ◽  
Common Law ◽  
Privy Council ◽  
English Court ◽  
James Cook ◽  
Final Volume ◽  
The Common ◽  
The Law ◽  
Court Of Appeal ◽  
Do So

In 1769, by a nice coincidence, Captain James Cook made landfall in New Zealand, the first British mariner to do so, and William Blackstone published the final volume of hisCommentaries on the Law of England. Blackstoněs discussion of the application of the law of Englandto newly acquired colonies is not completely coherent, but it does give a strong sense that much, if not all, of the common law did come to apply to many, if not all, of them.1The Privy Council was reminded of this, with express reference to Blackstone, in November 2003 when it was asked to determine whether the rule inSmith v Selwyn,2a decision of the English Court of Appeal given in 1914, was part of the law of Jamaica.3

Conclusion

2018 ◽  
Author(s):  
Alistair Fox
Keyword(s):  
National Identity ◽  
New Zealand ◽  
Identity Formation ◽  
Essential Role ◽  
Coming Of Age ◽  
Financial Returns ◽  
Self Recognition ◽  
International Audience ◽  
National Identity Formation

The conclusion reaffirms the essential role played by cinema generally, and the coming-of-age genre in particular, in the process of national identity formation, because of its effectiveness in facilitating self-recognition and self-experience through a process of triangulation made possible, for the most part, by a dialogue with some of the nation’s most iconic works of literature. This section concludes by point out the danger posed, however, by an observable trend toward generic standardization in New Zealand films motivated by a desire to appeal to an international audience out of consideration for the financial returns expected by funding bodies under current regimes.

The Caribbean Court of Justice

2018 ◽  
Author(s):  
Salvatore Caserta ◽  
Mikael Rask Madsen
Keyword(s):  
Privy Council ◽  
Criminal Cases ◽  
Community Law ◽  
Caribbean Community ◽  
Court Of Justice ◽  
Sociopolitical Context ◽  
The Caribbean ◽  
Caribbean Court Of Justice ◽  
Criminal Matters ◽  
Court Of Appeal

This chapter analyzes the Caribbean Court of Justice (CCJ), the creation of which was regarded as the culmination of the Caribbean’s long and protracted process toward independence from its former colonizers. Formally, the CCJ was instantaneously empowered to hear cases involving Caribbean Community law (Community law). The CCJ was also empowered to replace the Judicial Committee of the Privy Council (JCPC) in London—a last court of appeal for civil and criminal cases from the Caribbean and the most visible remnant of the British Empire’s former rule. The CCJ’s unique double jurisdiction—original over Community law and appellate over other civil and criminal matters—underscores the complex sociopolitical context and transformation of which it is a part. Ultimately, the CCJ’s growing authority has increasingly made the Court the institutional intersection for the convergence of these two different paths toward establishing the Caribbean as a legally integrated regional unity.

Multicultural and Transnational Novels

2018 ◽  
Author(s):  
James Meffan
Keyword(s):  
National Identity ◽  
New Zealand ◽  
The Other ◽  
Colonial History ◽  
History Of ◽  
Return Home ◽  
Access Rights ◽  
The One

This chapter discusses the history of multicultural and transnational novels in New Zealand. A novel set in New Zealand will have to deal with questions about cultural access rights on the one hand and cultural coverage on the other. The term ‘transnational novel’ gains its relevance from questions about cultural and national identity, questions that have particularly exercised nations formed from colonial history. The chapter considers novels that demonstrate and respond to perceived deficiencies in wider discourses of cultural and national identity by way of comparison between New Zealand and somewhere else. These include Amelia Batistich's Another Mountain, Another Song (1981), Albert Wendt's Sons for the Return Home (1973) and Black Rainbow (1992), James McNeish's Penelope's Island (1990), Stephanie Johnson's The Heart's Wild Surf (2003), and Lloyd Jones's Mister Pip (2006).

Sign in / Sign up

Export Citation Format

Share Document