Open Journal Systems at the Victoria University of Wellington Library
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Sport and the New Zealanders A History.
Get PDFA quick glance at the images of the dust jacket resulted in a sigh of, “Here we go again! Not another atypical one-sided historical text”. A genuine appreciation of the illustrations and respect for both authors’ in-depth research and analysis over a span of eleven years, evolved. I do question whether the collection of 24 photographs and 2 illustrations was inserted in an ideal location (150 to 151). To aid the reader’s understanding, it may have been more advantageous to insert the collection, as and when referred to
Sex Work and the New Zealand Model: Decriminalisation and Social Change
Get PDFIt has been seventeen years after “the situation in New Zealand became a point of interest throughout the world for policy makers concerned with reforming sex work laws, and a beacon of hope for sex workers advocating for decriminalisation” (p. 1). 
Leadership in the early years: Challenges and opportunities
Get PDFThe lack of recognition and support for leadership and leadership development in the New Zealand early years’ sector has long been recognised (Thornton, Wansbrough, Clarkin-Philips, Aitken, & Tamati, 2009). This article reflects on what has changed in the 10 years since the publication of a discussion document by the Teachers Council which signalled a number of issues facing the sector with regard to leadership. Research and guiding documents are drawn on in order to identify the current challenges and opportunities, and recommendations are made for strengthening future leadership practice in the sector
Introduction to Special Issue in Honour of Robert Goldblatt
No full textThis is a brief introduction to the special issue
The Braided River: Migration and the personal essay
Get PDFOne of my earliest memories is sitting at the table in our rented house in Masterton with Dad and my brothers and hearing our mother crying in the loo. It was an unusual and frightening sound which is why I remember it vividly 67 years later – also Dad had cooked dinner which wasn’t his forte
“Today at Playcentre, we ….”: What values underpin narrative assessment in Playcentre?
Get PDFNarrative assessments are widely used in Aotearoa New Zealand’s early childhood services, especially in the form of ‘Learning Stories’. This sociocultural approach to assessment foregrounds the importance of identifying what is valued learning within a particular context. What does this look like within the context of the parent co-operative Playcentre? A small-scale qualitative study brought together focus groups of Playcentre parents to share what Learning Stories are being written, to explore their experiences in writing and using Learning Stories, and to consider what underlying values shape narrative assessment in Playcentres. A major finding is that adult learning and relationship building are key aspects of Learning Stories in Playcentres. The authors argue that because of the positioning of parents as both learners and Kaiako in Playcentre, assessment in Playcentre is fundamentally different to that in teacher-led services
Depriving Right-Holders of Fundamental Rights and Freedoms Too Easily? Low Volume Vehicle Technical Association Inc v Brett and the Issue of Waiver under the New Zealand Bill of Rights Act 1990
Get PDFIn Low Volume Vehicle Technical Association Inc v Brett, the New Zealand Court of Appeal grappled with the rare issue of whether a person can waive their right to freedom of expression under the New Zealand Bill of Rights Act 1990 (NZBORA). The Court, responding in the affirmative, concluded that Mr Brett had waived this right. This article critiques that decision. While the Court was right to find that Mr Brett could waive his right to freedom of expression, it failed to scrutinise the waiver to ensure that this relinquishment of a protected right in fact reflected Mr Brett's free choice. Had the Court considered a different approach to analysing Mr Brett's waiver – at the prima facie breach stage, instead of under s 5 of the NZBORA – proper scrutiny would have been achieved. That approach would have ensured that Mr Brett was not so easily deprived of his right
The Illusory Trust Doctrine: Formal or Substantive?
Get PDF"A document is put before us. Does it or does it not create a trust?" This article considers the illusory trust doctrine (ITD) and claims that although the ITD has been criticised as doctrinally unfounded and therefore based in substantive, non-legal reasons rather than pre-existing law, there are formal reasons of trusts law to support it. It begins by considering Atiyah and Summers' concepts of form and substance, and then examines how they apply in the context of equity (in general), and then trusts law (in particular). It then briefly considers a number of recent decisions on the ITD: the four cases constituting the Clayton v Clayton litigation in New Zealand, Pugachev and the Cook Islands Court of Appeal and Privy Council decisions in Webb v Webb. Finally, it analyses these ITD decisions using the form and substance distinction, concluding that it is arguable that the ITD is grounded in principles of established trust law, as opposed to purely substantive reasoning
Brexit, Prorogation and Popcorn: Implications of Miller (No 2) for New Zealand
Get PDFMy task in this address is to throw you into the middle of the British constitutional drama that culminated in Miller (No 2) and to try to make sense of the Supreme Court's decision. It is a decision that has polarised public law experts: it has been both celebrated and condemned. Thus, there is some work to understand the decision in its extraordinary context, explore its implications for Westminster constitutionalism and speculate on what sort of precedent it sets for judicial review of the prerogative. Importantly for this audience, I would like to reflect on the relevance to us, sitting, as we do, over 10,000 miles from the drama in Westminster. In other words, I would like to test the New Zealand "what if?" question. Could a similar meltdown happen here? And, if so, how would our constitutional agents react
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