New Zealand Law Review - Published Issues - 2013 - Issue 1

Issue 1

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Issue 1

Table of Contents

  • Aggrieved No More: Is There a Need for Standing to Remove Unused Trade Marks?
    By Rob Batty, Richard Watts

    There is no justification for unused trade marks to remain on the Trade Marks Register for an extended period of time. Unused trade marks risk clogging the Trade Marks Register, creating obstacles and increasing costs for other traders wanting to use the same or similar trade mark. Public interest considerations dictate that the law should facilitate the clearing away of these “deadwood” marks. Yet, under New Zealand law, unlike in other jurisdictions, a person seeking to remove an unused trade mark must first establish standing as an aggrieved person. Historically, courts and adjudicators have suggested a wide and liberal interpretation of the term aggrieved person. In practice, though, some decisions have shown that the aggrieved person requirement can present an uncertain, and at times unfair, burden to traders attempting to remove unused trade marks. With an ever increasing number of trade marks on the New Zealand Trade Marks Register, it is argued that it is time to remove the aggrieved person requirement from New Zealand law.

  • Disputed Propensity Evidence
    By Andrea Ewing

    Six years after the enactment of the Evidence Act 2006, there remains controversy regarding the admissibility of propensity evidence that is disputed. In this article, I explore whether the reliability of disputed propensity evidence is something the Court should consider when determining its admissibility. I structure my discussion around four available options, examining the support — normative, legislative, judicial and academic — for each of these four options in turn. I conclude that any consideration of reliability at the pre-trial stage should be restricted to a minimum threshold test, requiring only that the propensity evidence is reasonably capable of acceptance. A “gateway” test of this kind avoids the constitutional and practical difficulties inherent in pre-trial determinations of witness reliability. Moreover, there is no clear justification for any deeper enquiry prior to trial. I conclude by considering the particular types of unfair prejudice that may arise where propensity evidence is disputed, noting that allegations may increase the risk of unfair prejudice and thereby face a higher threshold of admissibility. However, this is not because of reliability concerns but rather because of their practical impact on the trial.

  • The Scope of the Validation Power in the Wills Act 2007
    By Nicola Peart, Greg Kelly

    The power in s 14 of the Wills Act 2007 to validate wills that do not comply with the formal requirements for executing a valid will has been used in over 40 cases since the Act came into force. This article analyses the jurisdictional requirements in depth and evaluates the use of the validation power through the cases. A comparison is made with the dispensing power in Australia, which was the impetus for the New Zealand provision. A slight difference in wording in the New Zealand provision allowed for a more liberal application of the power. The authors' analysis of the cases reveals that the courts have embraced the wider power to give full effect to its remedial purpose. New Zealand's validation jurisdiction thus has the potential to go well beyond its Australian counterpart in giving effect to testamentary intentions.

  • Improving the Effectiveness of Large Class Teaching in Law Degrees
    By Lynne Taylor, Ursula Cheer, Debra Wilson, Elizabeth Toomey, Sascha Mueller

    This article reports on a study undertaken in 2011 to identify good practice when teaching skills and competencies specific to the discipline of law to large classes of law students. The study focused on effective classroom practices in large lecture theatres, rather than on supplementary teaching methods that might be used outside of the classroom. A key finding of the study is that there is no one “good practice” method for teaching skills to students. Good practice results from considering a number of teaching methods, such as the lecture method and case method accompanied by a Socratic dialogue, and incorporating into teaching the best aspects of each. A further key finding was that students' views on their learning generally should be sought and trusted. In this study there was a clear correlation between the views expressed by students and the findings emerging from legal education literature.

  • Criminal Law
    By Margaret Briggs

  • Treaty of Waitangi
    By Kerensa Johnston

New Zealand Law Review Published Issues