Helen Dervan

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Senior Lecturer in Law

Phone: +64 9 921 9999 ex 5427

Email: helen.dervan@aut.ac.nz

Physical Address:
Law School
Room WY 521
Level 5, AUT Law School Building
120 Mayoral Drive
Auckland Central 1010
Postal Address:
Law School
Faculty of Business and Law
Auckland University of Technology
Private Bag 92006
Auckland 1142

Qualifications:

  • BA/LLB(hons) Auck
  • BCL (Oxon)
  • TEP
  • Admitted as solicitor in England and Wales
  • Admitted as barrister and solicitor in New Zealand

Memberships and Affiliations:

Biography:

Helen was accepted into the Visiting Academic Programme at the University of Oxford in 2018, where she is researching in the area of financial regulation.  Helen regularly undertakes engaged research with senior members of the profession on current legal issues in banking and finance.  Her work, particularly in relation to commercial trusts, has contributed to New Zealand law reform projects. She presents at national and international conferences in banking and finance law, and in the law of trusts. Helen was previously in legal practice in London at a large international firm where she worked in international banking and finance litigation and in Auckland at a large New Zealand firm where she worked in commercial litigation.

Teaching Areas:

  • Equity and Trusts
  • Company Law

Research Areas:

  • Banking and finance law
  • Equity and trusts
  • Company law

Research Summary:

Helen's current research interests relate to the adequacy of post-GFC amendments to New Zealand’s financial regulatory regime and to adoption of the Twin Peaks model of financial regulation.

Current Research Projects:

Chapter on prudential and market conduct regulation in New Zealand for The Cambridge Handbook of Twin Peaks Financial Regulation, Cambridge University Press

Chapter on the reforming the Reserve Bank of New Zealand Act 1989 for The Research Handbook of Asian Financial Regulation, Edward Elgar

Journal article on financial stability objectives under the New Zealand prudential regulatory regime

Publications:

  1. Prudential Regulation in New Zealand: Time to Review the Reserve Bank of New Zealand Act 1989 (2017), New Zealand Business Law Quarterly, 165.
  2. Reviewing the Citibank securitization case: Did it really challenge the integrity of equity? (2016), Journal of Banking and Finance Law and Practice, 27, 279.
  3. Chapter entitled ‘Reforming the Commercial Trust: Trans-Tasman Approaches’ co-written with Dr Nuncio D’Angelo,in Exploring Tensions in Finance Law Trans-Tasman Insights (Griffiths S, McCracken S and Wardrop A, (ed), Thomson Reuters NZ Ltd, Wellington, 2014)

  4. Beaten at charades, STEP Journal, February 2015
  5. Trustee indemnity retirement and removal, in Trusts Conference booklet (2015 New Zealand Law Society CLE Ltd, Wellington)
  6. When is a trust illusory (2014), 12(3), Trusts Quarterly Review, 13
  7. Trusts’ law reform: do we need a statutory straitjacket (2014), 20, Trusts & Trustees, 673
  8. Trustees – minimising risk and meeting obligations, in Trusts Law Intensive (2014), New Zealand Law Society CLE Ltd, Wellington
  9. Charities’ Political Activities (2013), New Zealand Law Journal, 113
  10. The Role of the Trustee Trusts Law Intensive (2013), New Zealand Law Society CLE Ltd, Wellington
  11. Trustee Indemnity and Trustee Liability, in Trusts – best practice in 2013 booklet (2013), New Zealand Law Society CLE Ltd, Wellington)
  12. Independent Schools and Charitable Status (2012), New Zealand Law Journal, 5
  13. Appointment of Receivers: Equitable Execution (2011), New Zealand Law Journal, 373

Conference Papers

  1. Financial Regulation in New Zealand: Optimising Twin Peaks, Asian Finance Law Conference, Centre for Corporate Law & Securities Regulation and Transactional Law Group, Melbourne Law School andCentre for Cross-Border Commercial Law in Asia, Singapore Management University, Co-hosts: Asian Institute of International Financial Law, University of Hong Kong and Shandong University, held in Singapore, 23 January 2018

  2. The Regulation of New Zealand’s Financial Markets: Sustainability Through Reform, University of Auckland Law School and Deakin Law School Symposium, Auckland 1-2 June 2017
  3. Reviewing the ‘Citibank’ securitisation: Did it really challenge the integrity of equity?, BFSLA Annual Conference, Brisbane, 3-5 September 2015
  4. Trustee indemnity retirement and removal, NZ Law Society CLE Ltd Trusts Law Conference, Wellington and Auckland, June 2015
  5. Trustees – minimising risk and meeting obligations, NZ Law Society Continuing Legal Education Ltd (CLE) Conference Paper delivered in Christchurch, Wellington and Auckland and on webinar, November 2014
  6. Trusts' Law Reform, Melbourne University Obligations Group, Melbourne, December 2013
  7. The Role of the Trustee, NZLS CLE Conference, Auckland, Wellington, Christchurch and Dunedin and on webinar, November 2013
  8. Trustee Indemnity and Trustee Liability, NZLS Trusts Conference, Wellington and Auckland, June 2013

Presentations

  1. Time to Review the Reserve Bank of New Zealand Act 1989, Seminar, Victoria University, Wellington, March 2018, sponsored by BFSLA Academic Committee and Victoria University, Wellington

  2. Non-fiduciary powers in corporate trust deeds, BFSLA Academic Committee Colloquium, Sydney, November 2016

  3. Regulation of powers in trust deeds, BFSLA Academic Committee Colloquium, Sydney, November 2015
  4. Trustee decision-making, Chartered Accountants Australia and New Zealand Seminar, Auckland, November 2015
  5. Trustee decision-making and retrospective consent, STEP Seminar, Auckland, 25 February 2015
  6. Commercial trusts and the reducibility of fiduciary obligations, BFSLA Academic Committee Colloquium, Sydney, November 2014
  7. Constructive trusts on Express Trusts, presentation to New Zealand Institute of Chartered Accountants (NZICA), Trusts Special Interest Group, Auckland, September 2013
  8. Structuring trusts to deflect attack, STEP Conference, Auckland, October 2012

Awards:

  • BFSLA grant to attend Academic Committee Colloquium 2017, 2016, 2015, 2014 (Sydney, Australia)