Associate Professor Simon Connell, Our People, Faculty of Law

staff_large_connell_simon LLB, LLM, PhD (Otago)

Contact

Tel +64 3 479 3781
Office 9th Floor - 9C13
Email simon.connell@otago.ac.nz

Teaching

Contract Law (including Advanced Contract), Accidents and the Law, Insurance Law

Research interests

Simon’s research focuses on contracts and accidents. He is also interested in insurance, which is an intersection between the two.

Within contract law, Simon is most interested in contract interpretation and related doctrines, and the unique features of Aotearoa New Zealand’s Contract Law. His contract law research has addressed topics including: the doctrine of non est factum, the rule against penalties, online contracting by consumers, the interpretation of registered documents, and the relationship between contract law and contractual practice.

Simon's “Accidents and the Law” research is broadly concerned with how different areas of the law respond to the same 'accident' events, the different conceptions of a just outcome that sit behind those different areas of law, and how we resolve any conflicts between them. For example, a workplace accident could lead to compensation for the victim through the no-fault accident compensation scheme, an investigation under our workplace health and safety regime leading to the employer being convicted and ordered to pay reparation to the victim, and a possible tort claim for exemplary damages in negligence.

His work in both areas has been cited by appellate courts in New Zealand, as well as by other academics. As well as conventional academic publications, he has written a number of short pieces for public-facing venues.

Background

Simon joined the Faculty in 2014, before which he was a postgraduate student (LLM and then PhD) at Otago. Prior to that, Simon worked for the Accident Compensation Corporation.

Publications

Connell, S. (2024). Prior negotiations and subsequent conduct in the interpretation of a collective employment agreement: New Zealand Steel Ltd v E Tū Incorporated. New Zealand Law Journal, (10), 351-355. Journal - Research Article

Connell, S. (2023, December). The enigma of the "outward expression of accord" for rectification for common mistake. Verbal presentation at the Private and Commercial Law Annual Conference, [Hybrid]. Conference Contribution - Verbal presentation and other Conference outputs

Connell, S. (2023). Codification of utmost good faith and the fraudulent claims rule in the new Insurance Contracts Act. New Zealand Law Journal, (4), 129-131, 141. Journal - Research Article

Connell, S. (2022). Testing the limits of workplace health and safety duties. New Zealand Law Journal, (6), 204-206. Journal - Research Article

Connell, S. (2021). Why ACC's physical injury narrative is misleading. Newsroom: Ideasroom, (8 July). Retrieved from https://www.newsroom.co.nz/ideasroom/why-accs-physical-injury-narrative-is-misleading Journal - Professional & Other Non-Research Articles

2024

Journal - Research Article

2023

Journal - Research Article

Connell, S. (2023). Codification of utmost good faith and the fraudulent claims rule in the new Insurance Contracts Act. New Zealand Law Journal, (4), 129-131, 141.

Conference Contribution - Verbal presentation and other Conference outputs

2022

Journal - Research Article

Connell, S. (2022). Testing the limits of workplace health and safety duties. New Zealand Law Journal, (6), 204-206.

2021

Journal - Research Article

Connell, S. (2021). Discounts on reparation for lost earnings. New Zealand Law Journal, (3), 102-105.

Journal - Professional & Other Non-Research Articles

Connell, S. (2021). No good reason to limit ACC birth injury cover. Newsroom: Ideasroom, (6 October). Retrieved from https://www.newsroom.co.nz/ideasroom/no-good-reason-to-limit-acc-birth-injuries

Connell, S. (2021). Lessons important for vaccine certs. Otago Daily Times, (4 November). Retrieved from https://www.odt.co.nz/opinion/lessons-important-vaccine-certs

Other Research Output

Connell, S. (2021, November). Vaccine mandates: A severe step responding to a dire situation. Pundit. Retrieved from https://www.pundit.co.nz/content/vaccine-mandates-a-severe-step-responding-to-a-dire-situation

Connell, S. (2021, October). The hole in the vaccine mandate. Pundit. Retrieved from https://www.pundit.co.nz/content/the-hole-in-the-vaccine-mandate

Connell, S. (2021, October). Government must learn from mask exemption mess. Pundit. Retrieved from https://www.pundit.co.nz/content/government-must-learn-from-mask-exemption-messnbsp

Connell, S. (2021, September). ACC and birth injuries: A change all to the good?. Pundit. Retrieved from https://www.pundit.co.nz/content/acc-and-birth-injuries-a-change-all-to-the-good

Connell, S. (2021, July). Questioning the government's "ACC is about physical injuries" narrative. Pundit. Retrieved from https://www.pundit.co.nz/content/questioning-the-governments-acc-is-about-physical-injuries-narrative

2020

Journal - Research Article

Connell, S. (2020). Pre-contractual misrepresentations and purchaser carelessness. New Zealand Law Journal, (10), 383-386.

Tatley, C., & Connell, S. (2020). Over and above: Reparation for lost earnings consequential on injuries covered under the accident compensation scheme. New Zealand Universities Law Review, 29, 119-151.

Connell, S. (2020). Mesothelioma by accident. New Zealand Law Journal, (3), 114-119.

Other Research Output

Connell, S. (2020, December). The Kafkaesque nature of the WorkSafe charges against GNS Science. Pundit. Retrieved from https://www.pundit.co.nz/content/the-kafkaesque-nature-of-the-worksafe-charges-against-gns-science

Connell, S. (2020, October). Now's the time: Expand ACC. Pundit. Retrieved from https://www.pundit.co.nz/content/nows-the-time-expand-acc

Connell, S. (2020, July). To charge or not to charge, that is the question. Pundit. Retrieved from https://www.pundit.co.nz/content/to-charge-or-not-to-charge-that-is-the-question

Connell, S. (2020, June). The Christiansen case, compassion and the constitutional role of the courts. Pundit. Retrieved from https://www.pundit.co.nz/content/the-christiansen-case-compassion-and-the-constitutional-role-of-the-courts

Connell, S. (2020, February). "Seriously but not literally" Kiwi edition; or, the dark art of the double secret dog whistle. Pundit. Retrieved from https://www.pundit.co.nz/content/seriously-but-not-literally-kiwi-edition-or-the-dark-art-of-the-double-secret-dog-whistle

2019

Journal - Research Article

Connell, S. (2019). Payments from At-fault Parties in a No-fault System: How New Zealand has answered questions about extra payments to accident victims. Otago Law Review, 16(1), 101-126.

Connell, S., & Wilkinson, T. (2019). Remedies when a tenant profits from unlawful sublease on Airbnb: Nice Place Property Management Ltd v Paterson. Oxford University Commonwealth Law Journal, 19(2), 273-283. doi: 10.1080/14729342.2019.1671044

Connell, S. (2019). Community insurance versus compulsory insurance: Competing paradigms of no-fault accident compensation in New Zealand. Legal Studies, 39(3), 499-516. doi: 10.1017/lst.2018.50

Journal - Professional & Other Non-Research Articles

Connell, S. (2019). The fascinating case of Hannah Tamaki vs the Māori Women's Welfare League. The Spinoff, (27 May). Retrieved from https://thespinoff.co.nz/atea/27-05-2019/the-fascinating-case-of-hannah-tamaki-vs-the-maori-womens-welfare-league

Connell, S., & Howells, G. (2019). Articles following the conference: The "private" law's response to accident, illness and disability [Conference report]. Otago Law Review, 16(1), 73-75.

Conference Contribution - Verbal presentation and other Conference outputs

Connell, S. (2019, December). Judicial review for breach of contract? The vexed question of the preferable approach to disputes concerning decisions by clubs and incorporated societies. Verbal presentation at the Melbourne Obligations Group Contracts Conference, Melbourne, Australia.

Connell, S. (2019, August). Contract interpretation. Verbal presentation at the New Zealand Law Society Otago-Southland Annual Conference, Dunedin, New Zealand.

Connell, S. (2019, February). Unintended consequences of no-fault: Some unexpected difficult questions that New Zealand has had to address following the introduction of no-fault accident compensation. Verbal presentation at the "Private" Law's Response to Accident, Illness and Disability Conference, Hong Kong, China.

Other Research Output

Connell, S. (2019, March). The "no true kiwi" fallacy: And how to avoid it. Pundit. Retrieved from https://www.pundit.co.nz/content/the-no-true-kiwi-fallacy-and-how-to-avoid-it

Connell, S., & Gavaghan, C. (2019, March). Why we have a beef with the new anti-rustling laws, and perhaps you should too (1 of 2). Pundit. Retrieved from https://www.pundit.co.nz/content/why-we-have-a-beef-with-the-new-anti-rustling-laws-and-perhaps-you-should-too-1-of-2

Gavaghan, C., & Connell, S. (2019, March). Why we have a beef with the new anti-rustling laws, and perhaps you should too (2 of 2). Pundit. Retrieved from https://www.pundit.co.nz/content/why-we-have-a-beef-with-the-new-anti-rustling-laws-and-perhaps-you-should-too-2-of-2

Connell, S. (2019, December). What does the Whakaari/White Island eruption mean for New Zealand's Accident Compensation scheme. Pundit. Retrieved from https://www.pundit.co.nz/content/what-does-the-whakaari-white-island-eruption-mean-for-new-zealands-accident-compensation-scheme

2018

Journal - Research Article

Connell, S. (2018). Prescriptive and holistic contextualism: Emerging variants of modern contract interpretation. New Zealand Universities Law Review, 28(2), 317-347.

Connell, S. (2018). Is an "outward expression of accord" required for rectification in New Zealand? New Zealand Law Journal, (6), 186-188, 194.

Shaw, W., & Connell, S. (2018). Rock Advertising v MWB in the UK Supreme Court: "No oral variation" clauses can be enforceable. New Zealand Law Journal, (7), 198-200.

Journal - Professional & Other Non-Research Articles

Connell, S. (2018). Can the LegalFling app really create a legally binding agreement on consent? The Spinoff, (8 January). Retrieved from https://thespinoff.co.nz/society/28-01-2018/can-the-legalfling-app-really-create-a-legally-binding-agreement-on-consent

Conference Contribution - Verbal presentation and other Conference outputs

Connell, S. (2018, July). Consensus, correction and conscience: Formal and substantive reasoning in the requirements for rectification. Verbal presentation at the Obligations IX Conference: Form and Substance in the Law of Obligations, Melbourne, Australia.

2017

Journal - Research Article

Cathro, S., & Connell, S. (2017). New variations on the rule against penalties: Options for New Zealand. New Zealand Universities Law Review, 27(4B), 1087-1110.

Connell, S., & Peart, N. (2017). Accident compensation entitlements under the Property (Relationships) Act 1976. Otago Law Review, 15(1), 169-196.

Connell, S. (2017). Interpretation and implication. New Zealand Law Journal, 2, 71-75.

Conference Contribution - Verbal presentation and other Conference outputs

France-Hudson, B., & Connell, S. (2017, December). The interpretation of registered property instruments in New Zealand: Property law and contract law perspectives. Verbal presentation at the Obligation Group Property Conference, Melbourne, Australia.

Other - Edited Journal

Briggs, M., Connell, S., & France-Hudson, B. (Eds.). (2017). Otago Law Review, 15(1). [Journal Editors].

2016

Chapter in Book - Research

Connell, S. (2016). Contract law, contracting and instrumentalism. In S. Griffiths, M. Henaghan & M. B. Rodriguez Ferrere (Eds.), The search for certainty: Essays in honour of John Smillie. (pp. 99-128). Wellington, New Zealand: Thomson Reuters.

Journal - Research Article

Connell, S. (2016). Not my doctrine? Finding a contract law explanation for non est factum. Victoria University of Wellington Law Review, 47, 245-265.

Connell, S. (2016). Admissibility or weight? [Response to the article The interpretation of registered instruments]. New Zealand Law Journal, 8, 304-305, 321.

Cathro, S., & Connell, S. (2016). Radical change to the rule against penalties in England. New Zealand Law Journal, 7, 271-272.

2015

Journal - Research Article

Connell, S. (2015). Chronic pain, physical injury and mental injury. New Zealand Law Journal, 11, 425-427.

Connell, S. (2015). A shift from Belize to Singapore? Interpretation and implication in Satterthwaite v Gough. New Zealand Law Journal, 7, 263-265.

Awarded Doctoral Degree

Connell, S. (2015). Implications of the modern approach to the interpretation of contracts (PhD). University of Otago, Dunedin, New Zealand. Retrieved from http://hdl.handle.net/10523/5911

2014

Journal - Research Article

Connell, S. (2014). Overturning the social contract? New Zealand Law Journal, 8, 314-315, 320.

2012

Journal - Research Article

Connell, S. (2012). Westpac v Chahil: Sometimes words just mean what they say. Australian Business Law Review, 40, 213-216.

Connell, S. (2012). Intrusion upon seclusion. New Zealand Law Journal, 9, 315-316.

Connell, S. (2012). Sex as an "accident". New Zealand Law Journal, (6), 188-189.

Connell, S. (2012). ACC infects the criminal law? New Zealand Law Journal, 4, 135-136.

Connell, S. (2012). Justice for victims of injury: The influence of New Zealand's accident compensation scheme on the civil and criminal law. New Zealand Universities Law Review, 25(2), 181-209.

2011

Journal - Research Article

Connell, S. (2011). What is the place of corrective justice in criminal justice? Waikato Law Review, 19(2), 134-144.

Connell, S. (2011). Unwritten constitutions of incorporated societies: A critical examination of the treatment of tikanga in Tamaki v Māori Women's Welfare League Inc. Otago Law Review, 12(3), 605-624.