Law

Project

The research project is to publish a compendium collating outlines of different constitutional orders and how they relate to, respect (or not) Indigenous rights. The project examines constitutions from countries in Latin America, the Pacific, North America, Asia, Africa and Northern Europe. From there, we hope to draw insights that can be useful as learnings for Aotearoa New Zealand constitutional developments.

The Summer Scholar will be expected to:
1. Examine constitutions from selected jurisdictions, or region
2. Gather and review materials already collated about those chosen jurisdictions (this may include assisting in interviews and transcribing interviews with relevant experts)
3. Assist in the analysis and drafting of 15-page summaries of each jurisdiction
4. Contribute ideas and insights to the overall learnings we could gather from the research undertaken for the benefit of Aotearoa constitutional arrangements

Academic and intellectual benefits of the proposed work for the Summer Scholar include:
1. Experience working on a unique globally focussed research project in a collaborative way
2. Insights into international constitutional arrangements, traditions, developments and arrangements
3. Insights into international Indigenous rights and the various ways they are recognised and provided for around the globe
4. Upskilling in analysis of different constitutional orders and their potential application or influence on the Aotearoa New Zealand constitution

The Summer Scholar should have:
• Interest in human rights and Indigenous rights and legal cultures
• Familiarity with international law and constitutional law
• Great time management skills
• Great self-motivation and curiosity for the work

Project

There has been significant research undertaken on the impact of AI developments, including on data rights of consumers. The vast majority of this work has however focused on the positive role that AI and FinTech can play in creating opportunities to address financial exclusion and inequality. There is limited countervailing research considering how data rights may create increased financial exclusion, or conversely, limit financial inclusion. People who have limited access to technology – either by choice or by circumstance – are unlikely to obtain benefits from FinTech in a similar way. Therefore, new developments have the potential to exacerbate pre-existing disadvantages.

The role

This project will look at this issue form both sides, comparing the benefits and detriments of FinTech and data rights with a specific focus on people who may be experiencing financial inclusion challenges.

The Summer Scholar will undertake a variety of tasks, including:

• A literature review of developments in this area from a transdisciplinary perspective.
• Reviewing international legislative regimes that attempt to address Financial Inclusion in FinTech development.
• Locating any ‘FinTech for Good’ projects that aim to use technological developments to assist vulnerable members of society, including analysis of the effectiveness of these projects.
• An analysis of any Aotearoa-based laws or projects relevant to these issues and how they do (or do not) respond to the unique culture of our country.

Ideal student

The project will be of benefit to students who would be interested in a regulatory, legal practice or academic career. FinTech and data rights is an area of increasing importance to legal research and to professional practice. I would also encourage the Summer Scholar to utilise the research outcomes and skills obtained to draft their own outputs, and will help review, guide and mentor this process.

Requirements

The Summer Scholar should have an interest and experience in law and tech, as well as a concern for socio-economic rights and inequality.

Project

The ‘Matike Mai Aotearoa’ and ‘He Puapua’ reports argue for constitutional transformation, proposing an overlapping spheres model in which “Māori make decisions for Māori” in the Rangatiratanga sphere, “the Crown [makes] decisions for its people” in the Kāwanatanga sphere and both come together to “work together as equals” as genuine Treaty partners in the Relational sphere.

My project explores five arguments that the Crown has an obligation or responsibility to resource a Rangatiratanga sphere that seeks independence from Crown decision-making. The arguments are sourced in te Tiriti o Waitangi, a moral duty, the principles of the Treaty, the concept of sharing, and fiduciary obligations.

The project will produce two papers: first, a paper that develops the five arguments and explores their relative strengths and weaknesses; and, secondly, a paper that uses this thinking to examine a relevant present-day case study – the Te Pae Tawhiti protection of Māori knowledge and culture work programme, in which the Crown has committed to resourcing independent Māori workstreams to advance the kaupapa.

The role

The Summer Scholar will:

1. Find, review and synthesise domestic and international literature with direction and guidance from the supervisor
2. Find, review and synthesise relevant materials obtained by the supervisor under requests to various government agencies under the Official Information Act 1982
3. Explain and discuss their findings and analysis with the supervisor
4. Evaluate and contribute to the arguments as they develop.

Skills gained

The project will provide the Summer Scholar an opportunity to experience research and develop their research skills in the process. The Summer Scholar will:

1. Deepen their knowledge of constitutional law, Indigenous rights issues, and cultural and intellectual property issues
2. Develop their research skills by utilising a variety of legal databases
3. Develop their legal analysis skills by reviewing, synthesising and analysing primary and secondary materials
4. Understand the processes involved in developing a research article, and the advantages and disadvantages of different research methodologies
5. Participate in the development of a project through discussion
6. Enhance their writing and referencing skills
   

Project

Twenty years ago, hardly anything had been published on New Zealand’s tax history. Since then, a significant number of articles and book chapters have been published (and one book, by the historian-turned-MP Paul Goldsmith). This is similar to what has happened in other countries over the same period — in other words, over the last 20 years or so tax history has been something of a global growth industry.

This literature, undertaken by various people working independently, covers, as one might expect, various aspects of New Zealand’s tax history in an almost entirely unsystematic fashion. It is consequently unclear what a review of this literature might yield.

The role

The aim of this project is to compile a bibliographic understanding of the literature on New Zealand tax history; and the articles published by authors based in New Zealand on other jurisdictions’ tax history.

The Summer Scholar will be asked to:

• Assist in compiling the bibliography, as outlined above
• Assist in putting it into a form suitable for going on the law school website
• Assist in composing an article reviewing the literature on New Zealand’s tax history
• Undertake research into aspects of New Zealand tax history that are of particular interest to both the student and supervisor

Skills gained

The Summer Scholar will:

• Increase their knowledge and understanding of tax law and tax history
• Improve their research skill
• Improve their writing.
  

Project

In New Zealand, an equitable estoppel arises when a defendant has induced an expectation in the plaintiff, the plaintiff has reasonably relied upon the fulfilment of that expectation to their detriment, and it would be unconscionable for the defendant to not depart from that expectation. But what is the proper approach to remedies when an estoppel has been successfully argued? Should the courts seek to enforce the plaintiff’s expectation? Or should the courts merely seek to remove the detriment that the plaintiff has suffered?

Since the Court of Appeal case of Wilson Parking in 2014, New Zealand has adopted an open-ended approach which does not presume to start at either of those two options. I wish to interrogate this and argue that a detriment-focused approach to damages in equitable estoppel makes most sense. To do so I would like to research how the New Zealand courts have applied Wilson Parking and how the Australian and UK approaches differ from ours and whether we can learn anything from these jurisdictions.

The role

The Summer Scholar will undertake research in New Zealand, Australian and United Kingdom case law and secondary materials under my direction. This will involve finding relevant authorities and commentary, providing relevant citations for them, and synthesising the material found into short memos.

Skills gained

The Scholarship will advance the research skills of the Summer Scholar, particularly in black letter law subjects. It will increase the Scholar’s skills in synthesising material, drafting short memos and accurate citations. It will give the Scholar a thorough grounding in damages, equitable estoppel and underlying rationale for estoppel claims in New Zealand, the United Kingdom and Australia.

Ideal student

The Summer Scholar should have a love of black letter law and reading.

Project

We are in a time of rapid technological change. This project looks at the ways in which the application of the criminal law is being challenged, transformed or superseded by technology. It is forward looking – examining developments in New Zealand as well as emerging trends and issues overseas that we might expect to manifest in New Zealand at some point.

The role

The Summer Scholar will be expected to conduct literature and media searches into the manner in which technology is transforming or superseding accountability by means of the use of criminal justice processes. This will include the following social phenomena and legal responses to these issues:

• Social harms that once might have been dealt with by means of the criminal law but must now be regulated by other bodies of law because of the limitations of the criminal justice process in responding to online activity. For example, online frauds that result in property loss due to fictitious investments or non-existent relationships, or cyberattacks designed to extort ransoms
• Social harms that have been facilitated by technology. For example, the manner in which technology facilitates coercive control and stalking in ways that criminal justice stakeholders might not fully understand
• New social harms emerging with technological advances. These have some features in common with traditional criminal wrongs but require unique forms of regulation. For example, online digital harms, such as revenge porn and deep fakes
• The manner in which social media and “cancel culture” have supplanted criminal justice processes as sites of social condemnation and deterrence, without criminal justice protections for individuals accused but also, conversely, without barriers to accountability to victims
• The ways in which social media has transformed evidence in criminal trials
• The degree to which algorithmic decision making – employed by GenAI – is being used in criminal justice processes and the implications of that. For example, in writing judgments or in assisting judges to make bail and sentencing decisions. This presents risks and opportunities as it can both amplify or address existing bias in the criminal justice process.

The Summer Scholar will be equipped to become a subject expert at the cutting edge of technological developments in relation to the criminal law and criminal justice processes.

Ideal student

The Summer Scholar should have the ability to undertake sociological, as well as legal, research.

Project

Corporations are the backbone of our capitalist society, they produce our goods, employ our citizens and lead in the development of technology. Their current governance lacks transparency and accountability.

The role

This project will collate publicly available data and undertake analysis to explore management and ownership models. With data collected and contrasted, a picture can be presented mapping the current governance landscape to ascertain if it still fits the practical use of corporations and New Zealand’s economic interests.

The hypothesis is that the governance tools in operation are of 19th century design and are too weak to govern a 21st century corporation. This manifests itself with overlapping non-executive directors and a widespread ‘group-think’ model. Understanding those who control these corporations will inform upcoming reforms on corporate law.

Aim

The aim of this project is to construct a database from which to investigate whether the ownership model of large corporations’ results in control vesting in a small, concentrated group of institutional investors and boards. Its objectives are to extrapolate from this:

1. The visibility and transparency of this concentration
2. The problematic consequences relating to transparency and accountability, if any
3. Analyse the scale of the issue
4. Reflect on the legal and practical reforms needed

The project seeks to answer the question: Does the governing board and ownership model of large corporation’s result in concentrated control?

Responsibilities

The summer scholar would be responsible for obtaining and extracting company information form the NZX companies – currently 178 companies. They would be seeking to find key information from a defined question set to create a database on the management and ownership of New Zealand’s listed companies. This would involve research work in obtaining the documents from publicly available locations, and creating and inputting the data into new database.

Skills gained

Through the project, the summer scholar will gain a practical understanding of the internal workings of a large corporation which would be difficult to duplicate in the classroom. The project also offers valuable research benefits as the ability to read documents and extract key information is a skill for any academic or professional.

Ideal student

It would be advantageous for the summer scholar to have Excel / database skills. Any skills in relation to statistics would also be highly beneficial but are not essential.