Open Journal Systems at the Victoria University of Wellington Library
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Virtual Indecent Assault: Time for the Criminal Law to Enter the Realm of Virtual Reality
Get PDFVirtual reality has the potential to provide a new medium of communication that will allow community, business and recreation to extend into the virtual realm. As with any emerging technology, the law must decide how to respond. When technology throws into question what the law considers to be real, we are starting from a relatively clean slate. The purpose of this article is to consider the extent to which the criminal law must engage with virtual reality. This issue is approached through the case study of virtual indecent assault. After considering the offence of indecent assault in s 135 of the Crimes Act 1961 and the effects of virtual actions, this article argues that the potential for harm justifies the intervention of the criminal law into virtual worlds. In light of this conclusion, this article also aims to outline a set of principles that can shape the criminal law's response. A principled approach can establish a stable foundation from which to tackle the diverse and often unknown challenges posed by an ever changing technology. These principles are applied in the evaluation of the different methods of criminalisation that would be available in the context of virtual indecent assault
The Place of the Employment Court in the New Zealand Judicial Hierarchy
Get PDFThis article considers the status of the Employment Court and its position in the overall court structure in New Zealand. It examines the issue from both an historical and comparative New Zealand legal perspective
Invisible Consequences: The Health Hazards of "Women's Work" in New Zealand
Get PDFGordon Anderson has written extensively on the changes in New Zealand's labour laws that have occurred since the late 1960s, and the consequences of these changes for workers. This period saw the narrowing and individualising of work health and safety, the separation of health and safety from other areas of employment relations and the workers' compensation functions of the Accident Compensation Corporation (ACC) scheme. This article explores one of the largely invisible consequences of these shifts, arguing that gaps have emerged between these areas of law, and these gaps fall disproportionately over the types of work that women typically perform. This article outlines the current gaps in the law and identifies the areas in need of reform
Judicial Attitudes to Family Property
Get PDFIn this article, Justice Hardie Boys explores a number of cases decided under the Matrimonial Property Act 1976, many of them at Court of Appeal level. These include cases on extraordinary circumstances, property located overseas, Maori land, and professional qualifications. He wonders whether a broader statement of principles from Parliament and broader discretion might not have done better justice. He also examines case law on de facto relationships and advances certain propositions as representing the position now reached by the courts
"A gaol is not like a new post office or railway station": Invercargill reformatory prison
Get PDFThe years of the first decade of the twentieth-century in New Zealand saw the building and development of New Zealand's first reformatory prison in Invercargill. This paper explores the historical and legislative context of this building
The Politics and Law of Trade Union Recognition: Democracy, Human Rights and Pragmatism in the New Zealand and British Context
Get PDFIn this article, we seek to examine the potential for cross-fertilisation of legal regimes relating to trade union representation of members in collective bargaining. The United Kingdom has moved from an entirely voluntarist model in the 1980s to a statutory regime which facilitates recognition of a trade union following majority support from workers (usually by a ballot). By way of contrast, New Zealand has shifted from a highly regulated award-based model in the 1980s to an "agency" model whereby an employer is required to bargain in good faith with any union representing two or more of the employer's employees, but with some balloting also contemplated for coverage of non-unionised workers. It is uncontroversial that the United Kingdom legislation has been severely limited in its effects in a context of ongoing decline in collective bargaining, while the New Zealand model offers only faint remediation of the dismembering of the collective bargaining system by the Employment Contracts Act 1991. In both legal systems, a Labour Party is now proposing implementation of forms of sectoral bargaining. We explore the reasons for these political and legal developments, exploring democratic and human rights rationales for their adoption, as well as more pragmatic approaches. In so doing we examine the scope for democratic trade union representation via consent or ballot, the role of individual human rights and regulatory rationales. We conclude by considering how representative and regulatory approaches may be mutually reinforcing and address different understandings of "constitutionalisation". In so doing, we reaffirm the emphasis placed in Gordon Anderson's writings on substance over form
Criminal Trials and Appeals: A Comparison Between the New Zealand
Get PDFThis article sets out the laws relating to criminal trials conducted in the Court Martial of New Zealand and relating to appeals from that Court to the Court Martial Appeal Court and compares those laws to the equivalent laws relating to criminal trials and appeals in the civilian system. The purpose of this article is to identify the legal and ideological similarities and differences between the two systems, and where there are differences, to suggest possible explanations. It is argued in this article that, whilst there remain significant differences between the laws governing the military and civilian systems, a clear pattern of "convergence" or "alignment" can be identified whereby the military system is adopting (and adapting) more and more features of the civilian laws in terms of substantive rights, procedure and values. Recent statutory reforms in 2018 to the military justice system are also included. This process of alignment is likely to continue in the future. Having said this, the fundamental differences between the two systems are also likely to remain for some time as each system serves different needs
From Localism Towards Localism: a personal journey of policy discovery
Get PDFLocalism has become a buzzword in New Zealand politics. Though well-established overseas, it is, however, still a relatively new concept here. In this essay, Oliver Hartwich explains how his experience of German localism shaped his policy work in Britain, Australia and now New Zealand
Measuring Local Well-being: reflections on the Local Government (Community Well-Being) Amendment Bill
No full textThe Local Government (Community Well-being) Amendment Bill is designed to provide local authorities with greater legal freedom to make investments that will raise the well-being of their local community. The legislation is predicated on the assumption that people’s well-being is influenced by their local context. In order to identify the influence of changes in context generated by local investments, it is necessary to recognise that individuals differ in many ways and that the impact of any given investment can vary substantially from one person to the next. Indicators based on collections of individuals miss much of that variation. It is also necessary to recognise the variety of ways well-being can be measured. This short article raises both these issues by exploring three measures of well-being currently available on the 2018 Quality of Life survey
Changing Water Management Practice in Canterbury to Address Sustainability Limits
Get PDFIrrigation expansion in Canterbury has led to sustainability limits being reached for water availability and cumulative effects of land use intensification. Increasing water availability through storage was proposed, but there was strong community opposition to impacts of storage and further intensification. Effects-based institutional arrangements proved inadequate to address these issues. The regional council introduced a strategic approach based on nested adaptive systems and collaborative governance. A regional water strategy was developed through a multi-stakeholder steering group under the Canterbury Mayoral Forum and with extensive community engagement. Zone committees were established to develop zone implementation programmes. Farmer collectives are being established for operational delivery of water management targets. Farmers develop farm management plans to meet property-level outcomes, which are independently audited. Strategy investigations demonstrated that focusing on new development would not achieve sustainable development; rather, existing users also had to improve. Water use efficiency improvements were more cost-effective than new storage. Furthermore, different forms of storage, such as managed aquifer recharge, were identified to avoid adverse effects on main stems of alpine rivers. Proactive measures were needed to address water quality degradation, biodiversity loss, Mäori involvement and ecological restoration. A systems perspective and a governance change from regulatory to collaborative have improved water management. However, they also identified issues concerning affordability of proactive measures, equity in allocation, and need for a public infrastructure agency. Uneven implementation of measures has led to some groups withdrawing from the collaborative process
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