Faculty of Law Te Kauhanganui Tātai Ture

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Publications Mark Bennett

Edited journals

  • (with Tony Angelo) NZ Journal of Public and International Law (2014) 12(2) pp 151.
  • (with Joel Colon-Rios) NZ Journal of Public and International Law (2014) 12(1) pp 260.
  • (with Claudia Geiringer) NZ Journal of Public and International Law (2013) 11(3) pp 224.

                  Chapter in book

                  • (with Petra Butler) "A Dworkinian Right to Privacy in New Zealand" in Salman Khurshid, Dr Lokendra Malik, and Veronica Rodriguez-Blanco (eds) Dignity in the Legal and Political Philosophy of Ronald Dworkin (Oxford University Press, Oxford, 2018) pp 433-465.
                  • "Lankow v Rose [1995] 1 NZLR 277" in Elisabeth McDonald, Rhonda Powell, Mamari Stephens, Rosemary Hunter (eds) Feminist Judgments of Aotearoa New Zealand: Te Rino: A Two-Stranded Rope (Hart, Oxford, 2017) pp 252-261.
                  • (with Joel Colon-Rios) "Public Participation in New Zealand's Regulatory Processes" in Susy Frankel and Deborah Ryder (eds) Recalibrating Behaviour: Smarter Regulation in a Global World (LexisNexis, Wellington, 2013) pp 181-264 SSRN.
                  • (with Joel Colon-Rios) "Public Participation and Regulation" in Susy Frankel (ed) Learning from the Past, Adapting for the Future: Regulatory Reform in New Zealand (LexisNexis, Wellington, 2011) pp 21-70.

                  Journal articles

                  • "Problems in Residential Tenancy Law Revealed by Holler v Osaki" (2017) 48(4) Victoria University of Wellington Law Review pp 497-528.
                  • "Competing views on illusory trusts: The Clayton v Clayton litigation in its wider context" (2017) 11 Journal of Equity pp 48-79 SSRN.
                  • "Security of Tenure for Generation Rent: Irish and Scottish Approaches" (2016) 47(3) Victoria University of Wellington Law Review pp 363-384 SSRN.
                  • "Implications of the Panama Papers for the New Zealand Foreign Trusts Regime" (2015) NZ Association of Comparative Law Yearbook 21 pp 27-58 SSRN.
                  • "Harvey v Beveridge: Common Intention Constructive Trusts in New Zealand" (2015) 46 Victoria University of Wellington Law Review pp 959-988 SSRN.
                  • (with Sarah Bierre and Philippa Howden-Chapman) "Decent Expectations? The Use and Interpretation of Housing Standards in Tenancy Tribunals in New Zealand" (2014) 26 New Zealand Universities Law Review SSRN.
                  • "Leaving the Hart-Fuller Debate and Reclaiming Fuller: Form, Agency and Morality in Kristen Rundle's Forms Liberate" (2013) 44 (3/4) Victoria University of Wellington Law Review pp 461-486 SSRN.
                  • "Hart and Raz on the Non-Instrumental Moral Value of the Rule of Law: A Reconsideration" (2011) 30(5) Law and Philosophy pp 603-635 SSRN I Springer.
                  • "The Rule of Law Means Literally what it Says: The Rule of the Law: Fuller and Raz on Formal Legality and the Concept of Law" (2007) 32 Australian Society of Legal Philosophy 2006 Prize Essay pp 90-113 SSRN.
                  • (with N C Roughan) "Rebus sic Stantibus and the Treaty of Waitangi" (2006) 37(4) Victoria University of Wellington Law Review pp 505-546 SSRN.
                  • "Indigeneity as Self-Determination" (2005) 4 Indigenous Law Journal pp 71-115 SSRN.
                  • "Indigenous Autonomy and Justice in North America" (2004) 2 NZ Journal of Public and International Law pp 203-258.
                  • "The Crown's Fiduciary Duty to Indigenous Peoples in Canada and New Zealand" (2003) 2 New Zealand Students' Law Journal pp 173-184.

                  Short articles and book reviews

                  • "Dear Gareth: Look to Ireland and Scotland, not just Germany" opinion http://www.radionz.co.nz/news/on-the-inside/336974/dear-gareth-look-to-ireland-and-scotland-not-just-germany.
                  • "'Generation Rent' Tenants need Better Security" Newsroom 3 April 2017 https://www.newsroom.co.nz/@future-learning/2017/04/03/17767/generation-rent-tenants-need-better-security.
                  • (with Joel Colon-Rios) "Foreword" (2014) 12(1) New Zealand Journal of Public and International Law ppvii-xvi.
                  • Review of Nigel Simmonds Law as a Moral Idea in Canadian Bar Review (2009) 87 pp 805-820.
                  • Review of Richard Scragg New Zealand's Legal System: The Principles of Legal Method in New Zealand Universities Law Review 21(3) (2005) pp 501-503.
                  • Review of Michael Brogan and David Spencer Surviving Law School in Victoria University of Wellington Law Review 35 (2004) pp 769-771.

                  Conference/oral presentations

                  • "Recent developments in the 'illusory trust' doctrine" SMU School of Law, 11 October 2018.
                  • "What are the Normative Foundations of Trust Law?" Invited by Melbourne Law School, Legal Theory Workshop seminar Friday 7 September, 2018.
                  • "Trusts law—Form over Substance or substance over form?" at Obligations IX: Form and Substance in the Law of Obligations (Melbourne University, 17–20 July 2018).
                  • "Constructive Trusts over Property held on Express Trusts in New Zealand—Robin Hood Law?" Obligations Group Conference (Melbourne Law School, Melbourne, 7–8 December 2017).
                  • "No Theory of Trust Law" Australasian Society of Legal Philosophy Annual Conference (Auckland, 14–16 July 2017).
                  • "Legal Implications of the Panama Papers" seminar The Panama Papers: Lessons for law, policy and journalism (Wellington, July 2016).
                  • "Achieving Security of Tenure in Private Residential Tenancies for Generation Rent" at Australasian Law Teachers Association (ALTA) Conference 2016 Advancing Better Government, Sustainable Economies, Vibrant Communities: Law’s Role? (Wellington, 7–9 July 2016).
                  • "Making a Rental House Home: Security of Tenure in light of Recent Scottish Developments" at Renters United Conference 3 April 2016, Wellington.
                  • (with Sarah Bierre, University of Otago) “Stable Homes for New Zealand's Generation Rent: Security of tenure in residential tenancies” New Zealand Private Law Roundtable, 22–23 February 2016, Victoria University of Wellington, Faculty of Law.
                  • "The Short Life of ‘Illusory Trusts’ in New Zealand" Obligations Group Conference, Melbourne Law School, 2–4 December 2015.
                  • "Fuller's Challenge and the Self-Understanding of Contemporary Legal Positivism" 2013 JSI Seminar Series, Julius Stone Institute, Sydney Law School (Sydney, October, 2013).
                  • "Chair: Session 1: On the Idea of Tradition" at NZ Centre for Public Law Conference 2013 Unearthing New Zealand's Constitutional Traditions (Wellington, August, 2013).
                  • "Public Participation in New Zealand's Regulatory Processes" Recalibrating Behaviour: Smarter Regulation in a Global World (Wellington, April 2013).
                  • "It's a plan: Does the idea of share activities explain the normativity of law?" Social Ontology and Collective Intentionality Workshop (Melbourne, May 2012).
                  • (with JI Colon-Rios) "Public Participation in New Zealand's Regulatory Context" New Zealand Law Foundation Regulatory Reform Project Workshop (April 2012).
                  • (with JI Colon-Rios) "Public Participation and Regulation: Environment and Network Industry examples" New Zealand Law Foundation Regulatory Reform Project workshop (Victoria University of Wellington, Wellington, December, 2011).
                  • "Comment on Petra Butler's Privacy paper" NZCPL Bill of Rights Act Symposium (August 2011).
                  • "Interpreting Enactments Consistent with 'Limited' BORA Rights" NZ Public Law Colloquium (Auckland, June 2011).
                  • (with JI Colon-Rios) "Public Participation and Regulation" New Zealand Law Foundation Regulatory Reform Project (Wellington, February, 2011).
                  • "Lon Fuller's eunomics at the 'critic and conscience' of Legality" Critic and Conscience 27th Annual Conference of the Law and Society Association of Australia and New Zealand (Wellington, December 2010).
                  • (with JI Colon-Rios) "Conceptions of Democracy in New Zealand Constitutional Thought" Faculty Seminar (Victoria University of Wellington, Faculty of Law, Wellington, November, 2010).
                  • "A Practical Critical Approach to World Trade Law" Toward Critical Mass: The Second Annual Graduate Student Conference of The Toronto Group for the Study of International, Transnational, and Comparative Law (Toronto, January 2009).

                  Report

                  • with Ralph Chapman and Philippa Howden-Chapman "Scope for Building Performance Provisions to Advance Building Sustainability and Environmental Performance in NZ" CRESA, as part of the Building Better Homes Towns and Cities National Science Challenge, The Architecture of Decision-making project, Wellington 2019, 44pp.
                  • "The Legality of a Housing Warrant of Fitness" Report for He Kainga Oranga Housing and Health Research Group, University of Otago, 2015.

                  Radio Interviews

                  Awarded doctoral thesis

                  • "Legal Positivism and the Rule of Law: the Hartian Response to Fuller's Challenge" (Toronto 2013).

                  Awarded research masters

                  • "A 'practical critical' approach to balancing trade liberalisation and domestic regulatory autonomy in the World Trade Organization" (Victoria University of Wellington 2006).
                  • "Imagining democracy: judges, legislators, and the people in 'popular constitutionalism'" (Harvard 2007).