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Selected Works

2012

Zealand

Articles 1 - 8 of 8

Full-Text Articles in Law

Responses To Systemic Risk After The Global Financial Crisis: Canada And New Zealand, Nan Seuffert Dec 2012

Responses To Systemic Risk After The Global Financial Crisis: Canada And New Zealand, Nan Seuffert

Professor Nan Seuffert

This paper considers the responses of two jurisdictions to systemic risk identified as contributing to the global financial crisis (GFC). Canada and New Zealand are studied as two jurisdictions that both weathered the global financial crisis relatively well. Both have recently proposed new national authorities for the regulation and enforcement of securities: the Canadian Securities Regulation Authority and the Financial Markets Authority (New Zealand). Nevertheless, the proposals and the responses for new national authorities reveal that the two countries view the GFC and the appropriate responses quite differently. This paper analyses the appropriateness of the two responses.


Time To Tame The "Wild Beast" In The Wild West? The Regulation Of Disclosure Of Equity Derivatives In New Zealand, Nan Seuffert Dec 2012

Time To Tame The "Wild Beast" In The Wild West? The Regulation Of Disclosure Of Equity Derivatives In New Zealand, Nan Seuffert

Professor Nan Seuffert

The causes of the recent global financial crisis (GFC) have been a topic of intense debate, with commentators and others pointing to the enormous growth in, and relative lack of regulation of, derivative financial products, including over-the-counter equity swap agreements, as a contributing factor. In New Zealand the Court of Appeal held in Ithaca (Custodians) Ltd v Perry Corp [2004] 1 NZLR 731 that such swap agreements referencing substantial holdings in underlying securities of a particular company did not require disclosure under the substantial security holder disclosure provisions. This article analyses that decision in the context of the GFC and …


Taming The Wild Beast: The Regulation Of Equity Derivatives In New Zealand, Nan Seuffert Dec 2012

Taming The Wild Beast: The Regulation Of Equity Derivatives In New Zealand, Nan Seuffert

Professor Nan Seuffert

The causes of the recent global financial crisis (GFC) have been the topic of intense debate; the contribution of the enormous growth in, and lack of regulation of, derivative financial products, including over-the-counter swaps has been one of the epicentres of that debate. The regulation of derivatives was a topic of some controversy internationally prior to the GFC; derivatives were sometimes referred to as the "wild beasts" of finance markets and some commentators highlighted the systemic risks posed to national economies due to the lack of regulation of these markets. In New Zealand the issue of the regulation of the …


Tracing Empire In Same Sex Relationship Recognition And Immigration In New Zealand, Nan Seuffert Dec 2012

Tracing Empire In Same Sex Relationship Recognition And Immigration In New Zealand, Nan Seuffert

Professor Nan Seuffert

No abstract provided.


Enhanced Participation And Equal Treatment? Fairness In New Zealand's Takeovers Code, Nan Seuffert Dec 2012

Enhanced Participation And Equal Treatment? Fairness In New Zealand's Takeovers Code, Nan Seuffert

Professor Nan Seuffert

This article analyses the fairness objectives of the Code using illustrations from two high profile takeover bids that allow comparison of pre- and post-Code takeover strategies. The analyses of pre-Code strategies fill a gap in the literature and suggest that problems identified in the 1980s and early 1990s continued until the effective date of the Code. Edison Mission Energy’s (EME) failed bid for Contact Energy Limited (Contact) provides a comparison of pre- and post-Code pause and publicity provisions that allows analysis of the Code’s fairness objective of enhancing shareholder participation. Compliance with the Code’s pause and publicity provisions in EME’s …


Nation As Partnership: Law, "Race," And Gender In Aotearoa New Zealand's Treaty Settlements, Nan Seuffert Dec 2012

Nation As Partnership: Law, "Race," And Gender In Aotearoa New Zealand's Treaty Settlements, Nan Seuffert

Professor Nan Seuffert

This article uses postcolonial theory to analyze the dynamic convergence of two significant international trends in Aotearoa New Zealand: the movement for reparations for historical colonial injustices, and the economic reform process known as ‘‘structural adjustment,’’ or Reaganomics in the United States, which was intended to produce a competitive nation of individual entrepreneurs. It argues that analysis of the interrelationships of law, ‘‘race,’’ gender, and nation in this convergence illuminates the reproduction and reshaping of colonial tropes, or historical racial configurations produced through colonization, in these current trends. In Aotearoa New Zealand, claims by indigenous Maori activists for self-determination and …


Jurisdiction And Nation-Building: Tall Tales In Nineteenth-Century Aotearoa/New Zealand, Nan Seuffert Dec 2012

Jurisdiction And Nation-Building: Tall Tales In Nineteenth-Century Aotearoa/New Zealand, Nan Seuffert

Professor Nan Seuffert

Que.stions of jurisdiction involve the determination of the boundaries of the law. Notions of modern territorial jurisdiction emerged with the development of the modern natioin-state as the bounded territory in which a particular set of laws applIed. These modern notions of both nation-state and jurisdiction facilitated colonisation by determining the territorial boundaries in which colonial law applied, by determing the national space to other nations, and by producing difference within national and jurisdictional boundaries. The production of internal difference, the creation of differences between distinct groupings through the law's jurisdictional speech, is arguably the most important work that jurisdiction performs …


Does A Bill Of Rights Matter? Comparing Australia To New Zealand, Luke Mcnamara Nov 2012

Does A Bill Of Rights Matter? Comparing Australia To New Zealand, Luke Mcnamara

Luke McNamara

No abstract provided.