Wellington Seminar - Monday 11 August 2008
Topic: The defensive practice concern in public authority negligence claims: paralysis or conflict of duties?
Speaker: Hanna Wilberg, Faculty of Law, University of Auckland
Date: Monday 11 August 2008
Time: Refreshments from 5.30pm, seminar at 6pm (note building access only available until 6pm)
Venue: Buddle Findlay, Level 17, State Insurance Tower, 1 Willis St, Wellington
Concerns about “detrimentally defensive frames of mind”, “overkill”, “decision traps”, and conflicting duties all feature in recent cases and commentary on public authority negligence. These result in public authorities’ duties being “asymmetrical” in some contexts, but when and why this will be so is not always obvious.
Hanna will identify concerns about 1) official paralysis and 2) conflict with statutory duties as the main versions of the concern, will suggest that the latter concern is the stronger one both in terms of authority and in terms of its inherent persuasiveness, and will explore the nature and application of that concern in some detail. Cases discussed include JD v East Berkshire Community Health and Brooks v Commissioner of Police and Couch v Attorney-General.
Hanna Wilberg joined the Faculty of Law at Auckland University in 2004 after teaching briefly at Southampton University in the UK. Her previous background includes working as a Judges' Clerk at the Court of Appeal in Wellington and in practice at the Crown Law Office. She is a graduate of Otago University and Oxford. Hanna teaches and writes in the areas of Public Law (Administrative Law, Bill of Rights, Treaty of Waitangi) as well as the Law of Torts, especially negligence and public authority liability.
What's New?
2008 AGM and President's Report
The LEANZ AGM for 2008 was held on Monday 30 June. Click here to read the President's Report.
Copies of papers and presentations from past seminars
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LEANZ would like to thank the following corporate members who are supporting LEANZ during 2008/2009:
- Buddle Findlay
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Levy Fellowships at George Mason University
Levy Fellowships are awarded to students who have or have completed the requirements for a PhD in economics to enable them to study for a JD at George Mason Law School. Fellows must undertake that they intend to be academics teaching in law or economics departments thereafter. The Fellowship pays all tuition and fees and carries a stipend of US$22,000. See the link below for details:
http://www.law.gmu.edu/econ/levy.html
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Auckland Seminar - Thursday 24 July 2008
Topic: Conundra in Banking Regulation
Speaker: David Tripe, Centre for Banking Studies at Massey University
Date: Thursday 24th July 2008
Venue: Mayne Wetherell, Level 23, IAG House, 151 Queen Street
Time: 5.30 pm for 5.45 pm start, followed by refreshments
RSVP: to: sophie.brooke@chapmantripp.com
Topic: The distinctive features of banking regulation in New Zealand are the lack of deposit insurance and its basis on a system of public disclosure, with the Reserve Bank of New Zealand supposedly having no better information on the safety and soundness of banks than what is available to the general public.
This presentation explores New Zealand regulation with particular regard to recent developments around accounting standards (IFRS) and capital rules (Basel II), and asks whether the Reserve Bank’s approach is realistic and meaningful. It also explores the implications of this approach for the supervision of non-bank financial institutions which are moving to having prudential oversight from the Reserve Bank of New Zealand.
Speaker: David Tripe is the Director of the Centre for Banking Studies at Massey University. Prior to taking up teaching at Massey, Dr Tripe spent 17 years working in the New Zealand banking sector.
Apart from his teaching duties, a major part of his research work is in monitoring and understanding the New Zealand banking system, in which he is much assisted by information contained in the New Zealand banks’ disclosure statements. He publishes a quarterly newsletter on New Zealand bank performance, and frequently comments in the media on the New Zealand banking sector.
As usual, there will be an opportunity for questions and discussion following the presentation.
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