Open Journal Systems at the Victoria University of Wellington Library
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‘Fortress New Zealand’: examining refugee status determination for 11,000 asylum claimants through integrated data
Full text linkThis article presents a profile of Aotearoa New Zealand’s asylum claimants – people who have sought recognition as a refugee or protected person and then applied for a temporary visa. Sourcing data from New Zealand’s Integrated Data Infrastructure (IDI), we considered 11,091 refugee claimants between 1997 and 2022. The data suggests that the path to recognition can be long and circuitous, requiring multiple applications before status recognition. The data also reveals a wide health and mental health services uptake gap despite recent policy changes. When read together, we contend that this data supports the notion that everyday, discerning bordering exists in New Zealand through different forms of permeability and permanence based on gender and ethnicity. The article concludes with some insights for future policy directions
Te Aorerekura : towards eliminating family violence – reflections from the Atawhai project
No full textFamily violence is an under-recognised contributor to ill-health. Atawhai, a three-year research project focusing on sustainable responses to family violence in primary healthcare services, suggests that relationships and networks among locality-based service providers and local communities will help in making New Zealand’s strategy to eliminate family violence a reality. More is needed than joining up the government agencies delivering services to those experiencing family violence. Building relationships between communities and healthcare providers to harness the contextual and cultural knowledge of those most affected has to be integral to a sustainable response that begins to address the causes of this wicked problem, along with developing place-based solutions
Corporate Purpose Through a Māori Lens
Full text linkCorporate purpose for Māori organisations involves broader considerations than the maximisation of profit. This is consistent with tikanga and the context in which Māori organisations operate.
In this article, we set out the background to the recent amendment to s 131 of the Companies Act 1993 which explicitly permits directors to consider matters other than the maximisation of profit when considering the best interests of a company. We also consider corporate purpose through a Māori lens, before commenting on the reference to the principles of the Treaty of Waitangi | te Tiriti o Waitangi in the original Bill. Lastly, we discuss of the use of tikanga as a better framework, and how that may work in practice
Indigenous Corporations and the Best Interests of the Corporation: Members or Beyond?
Full text linkDirectors of Indigenous corporations registered under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth) (CATSI Act) and directors of companies registered under the Corporations Act 2001 (Cth) have similar duties. However, the context in which these legal entities operate is different, with Indigenous corporations mainly operating in the not-for-profit sector supplying essential services to their communities. Additionally, these corporations are established under legislation designed to be "a special statute of incorporation for Aboriginal and Torres Strait Islander peoples that takes account of the special risks and requirements of the Indigenous corporate sector".Accordingly, this article considers the extent to which the best interests obligation imposed on directors under s 265-5 of the CATSI legislation goes beyond the interest of members to take into account the interest of the stakeholders. In doing this, the article first reviews the interpretation of the sister provision of s 265-5 in the Corporations Act to understand how the provision operates and the implications of such an interpretation on the management of Indigenous corporations. Further, the article analyses the role that members and stakeholders play in the Indigenous corporation and then assesses possible avenues that may be available to ensure that this directors' duty is in line with the core purpose of the CATSI Act
Evidence-Based Policymaking and Public Management. Emerging empirical approaches
Full text linkThis article demonstrates how emerging data sources and analytical tools can be applied to better understand evidence-based policymaking and its relationship to public sector capabilities. By analysing policy documents and their citations, we show how these methods can explore uses of evidence in policy processes, highlight gaps in knowledge integration, and evaluate the balance between local and international research inputs. Using New Zealand environmental policy as a case study, we show how these tools may be applied to complex policy areas, with broader implications for public sector decision making
"Protecting and Preserving": Mid-Nineteenth Century Māori Views on Forest Conservation in Wairarapa and Tamaki-nui-ā-Rua
Full text linkDuring the early stages of European colonisation in Wairarapa and Tamaki-nui-ā-Rua, the opinions of Māori individuals and groups on forest conservation, deforestation, and land ownership became increasingly relevant within iwi and hapū. This case study of Wairarapa examines the reasons behind these burgeoning ideologies, profiles these varying opinions, details the development and scope of these ideas, and investigates how they evolved during the mid-nineteenth century. The importance of whakapapa, economic factors, and socio-cultural interactions within these underlying ideas is examined, and the contributions of iwi and hapū to the ultimate development of Aotearoa New Zealand's forest land management policies are considered
Te Hau Kāinga: The Māori Home Front During The Second World War.
Full text linkSituated far from the intensive fighting that consumed the European Theatre and later the Pacific Theatre, the focus of New Zealand’s contribution to the Second World War is often chronicled by historians through the lens of military units serving on battlefields overseas. While these units and their personnel have rightfully received ample scholastic and popular historical attention for their accomplishments, far less attention is paid to those who remained in New Zealand during the Second World War on the home front, particularly towards Māori
United States v Google LLC: An Analysis under Section 36 of the Commerce Act 1986
Full text linkMonopolisation cases have become prevalent – at least in the United States where the Federal Government has sued a number of tech companies. A United States District Court found Google liable for exclusive dealing in the first of these cases. In 2020, New Zealand amended its monopolisation provision, s 36 of the Commerce Act 1986. It introduced a substantial lessening of competition test, meaning that a monopolist would be liable under s 36 if its conduct had the purpose, effect or likely effect of substantially lessening competition. The Government did so because it believed the old section did not capture much anticompetitive conduct. It gave exclusive dealing as an example of such conduct.This article examines how a New Zealand court would decide the Google case under the old and new s 36. The United States decision is a useful comparison as United States monopolisation law requires a plaintiff to show the conduct had an anticompetitive effect. The article argues a New Zealand court would not find Google liable under the old s 36 but that it is unknown what it would do under the new s 36. The reason is that although New Zealand law requires courts to identify a counterfactual in the sense of identifying what would happen in the market without the challenged conduct, United States law does not. This means there is no evidence on the issue, making predictions difficult. However, the article argues that the new s 36 improves New Zealand's monopolisation law
Why is the New Zealand Government Still Involved in the Cook Islands' Advice to the Sovereign
Full text linkSince self-government, the relationship the Cook Islands has with New Zealand has evolved towards greater independence. An exception to this is the "six steps" procedure, through which the Cook Islands Prime Minister provides advice to the Head of State. This procedure acknowledges the capacity of the Cook Islands Government to advise the Sovereign, but doing so involves the New Zealand Prime Minister. It was designed to meet the Palace's concerns about receiving advice directly from the Cook Islands Prime Minister. Recent scholarly justification of the procedure prompted this fuller examination of the genesis of the six steps; approached through a political rather than legal lens. It reveals long and difficult negotiations to a compromise solution agreed by the Cook Islands and New Zealand in 1981 and by the Palace in 1982. The solution reached contrasts with the ability of Australian State Premiers to provide advice directly to the Crown, secured in negotiations leading to the 1986 Australia Acts and in the face of similar Palace concerns. Given the background, and the Cook Islands' longstanding discomfort with the requirement, it is remarkable that the six steps procedure has lasted. Amongst possible reasons, the procedure is consistent with New Zealand's reluctance to countenance further loosening of ties with the Cook Islands, with associated diminution of New Zealand power, while the Cook Islands remains in association with New Zealand. This article concludes that rather than accruing reasons for retention of the six steps procedure, it is time to move on
Regulated Experience (Rx) a concept for navigating the tensions between service delivery and regulatory delivery
Full text linkThis article introduces regulated experience (Rx) as an emerging concept for managing regulatory agencies’ position on the spectrumbetween customer service and enforcement. Drawing on regulatory scholarship and case examples from Australia and New Zealand, we demonstrate how customer service frameworks can create unconscious organisational drift towards accommodation, undermining regulatory effectiveness and public value. Rx provides structured guidance through three operational dimensions – governance clarity, differentiated engagement, and systems alignment – for managing inherent regulatory tensions and trade-offs. Analysis of regulatory failures reveals the consequences of inappropriate positioning, while successful regulatory transformations demonstrate how conscious repositioning can improve regulatory outcomes. Though requiring empirical validation, Rx augments existing frameworks through intentional relationship management that preserves regulatory mandate while maintaining accessibility
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