Peter Holland, 1939–2019

Pawson, Eric

doi:10.1111/nzg.12227

Cited by 1 publication

(1 citation statement)

References 28 publications

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“…Under settler law, declaratory objects are collateral and subordinate to compensation. 192 Declarations in private law are primarily used as a vehicle of clarifying law in dispute, rather than vindicating rights. Where settler law aims to give effect to rules and compensate harms rather than making moral or values-based judgments, declaratory relief is perceived as less desirable than sotermed "substantive remedies".…”

Section: Declaratory Remediesmentioning

confidence: 99%

Rebalancing Wrongs: Towards a New Law of Remedies for Aotearoa New Zealand

Hughes¹

2022

VUWLR

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Tikanga Māori is a central pillar of Aotearoa New Zealand and the common law is developing to reflect that. A new era of law is emerging, informed by both tikanga Māori and settler law. While this is an important, positive step towards establishing an appropriate domestic jurisprudence of Aotearoa New Zealand, misguided integration, no matter how well intentioned, is harmful. The ongoing collision between tikanga Māori and settler law in a legal context must be navigated carefully. It gives rise to the need for specific examination of different areas of law to consider how the two systems might interact. This article examines the law surrounding remedies and considers whether and how remedial structures in tikanga Māori and settler law might be reconciled. It undertakes a broader structural analysis and a closer examination of the specific aims of each remedial framework. Overall, it argues that, with a shift in underpinning rationale to one informed by tikanga Māori, existing common law remedies may be applied in ways consistent with, and that give effect to, tikanga Māori. Despite tensions between the two frameworks, the flexibility within both tikanga Māori and the settler common law is sufficient to allow them to come together into a new law of remedies in Aotearoa New Zealand.

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Section: Declaratory Remediesmentioning

confidence: 99%

Rebalancing Wrongs: Towards a New Law of Remedies for Aotearoa New Zealand

Hughes¹

2022

VUWLR

View full text Add to dashboard Cite

show abstract

Peter Holland, 1939–2019

Cited by 1 publication

References 28 publications

Rebalancing Wrongs: Towards a New Law of Remedies for Aotearoa New Zealand

Rebalancing Wrongs: Towards a New Law of Remedies for Aotearoa New Zealand

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