Open Journal Systems at the Victoria University of Wellington Library
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The Big Smoke. New Zealand Cities 1840-1920
Get PDFThis substantial book focuses on the social life of the New Zealand city between the 1840s and about 1920. The evocative title is an invitation to the reader, the term originally emerging to portray “the sense of anticipation and excitement” of going to and experiencing the city and city life. Its application historically to New Zealand cities as they began to grow is described as “surely aspirational – or ironical” (p. 29
Governing the Poor: Evidence from New Zealand’s Tax and Welfare Systems
Get PDFThis study examines six situations in New Zealand where individuals receiving welfare benefits receive more punitive treatment than other citizens. Comparison to tax evaders, tax debtors and taxpayers in general is made throughout the article to highlight the disparities that result from regulatory processes that govern the poor. A neoliberal paternalist perspective is used to highlight the discriminatory treatment of those who are least privileged in society. This framework provides visibility to recently introduced market logics, use of surveillance, increased obligations associated with welfare receipt and increased use of the penal system to punish those who offend against the welfare system. The study reinforces the punitive outcomes that arise from modern-day governance of the poor
Defining quality in a divided sector: A review of policy and practice in early childhood settings in New Zealand from 2008 to 2018
Get PDF This review examines major changes in the early childhood sector during the National-led government from 2008 to 2017, with discussion of the possible future under the new Labour-led government. The changing pattern of provision and access to quality early childhood services for families is critiqued, along with changes in funding models, qualifications, and professional development. The revision of Te Whāriki is examined, together with tensions between the revised curriculum and the early childhood centre regulations. Specific issues such as regulatory changes around group size and licences and choices for families are explored. This review concludes with an examination of the potential of the new strategic plan, highlighting the tensions within the terms of reference and consideration of directions for research that may help inform the vision for policy and practice laid out in the strategic plan
A Note on Priest's Mereology
Get PDFIn the last several years, paraconsistent mereology has begun to be developed and applied to a range of philosophical issues, from puzzles about boundaries, to the Meinongian ‘problem of nothingness’, to the metaphysics of unity. Because these formal systems are fresh out of the package, as it were, there will inevitably be some wrinkles that need ironing out. In this note, I’ll point out a problem with the system in Priest (2014a, 2014b), and suggest a natural fix
The Hague Convention on the Civil Aspects of International Child Abduction 1980: The New Zealand Courts' Approach to the "Grave Risk" Exception for Victims of Domestic Violence
Get PDFThe Hague Convention 1980 was welcomed by the international community to resolve the emerging issue of international child abduction. The Convention is premised on the assumption that all child abduction is inherently harmful. Thus, it is generally in the best interests of children to be returned to the country of habitual residence as expediently as possible, restoring the status quo.Domestic violence victims do not fall within the typical abduction paradigm which the Convention was drafted to remedy. New Zealand courts have adopted a narrow approach to the "grave risk" defence, requiring the abducting party to prove that the country of habitual residence cannot adequately protect the child. This is rarely established due to the influence of the principle of comity. This approach therefore effectively blocks the discretionary inquiry, which only occurs once the defence is established, in which the Convention principles can be weighed against the welfare and best interests of the individual child, a consideration paramount in both domestic and international law. Domestic violence makes it unlikely that return will ever be in the child's welfare and best interests. A change in approach is suggested, under which consideration of the adequacy of the habitual residence's protection laws becomes a relevant consideration in the exercise of discretion. This ensures all considerations are given due regard and the safety of young domestic violence victims is better assured
Can Judges Make a Difference? The Scope for Judicial Decisions on Climate Change in New Zealand Domestic Law
Get PDFPolitical decision-making is at the heart of decisions on both mitigation and adaptation for climate change. While the norms are established internationally, they must be translated into domestic law in order to have bite. The making and enforcement of domestic law in many areas of environmental protection are frequently less than optimal. Legislation takes time to design and to enact. The details matter a great deal. Laggard governments around the world have been subjected to judicial review on their climate change policies. Furthermore, all statutes are subject to interpretation by courts. Administrators can and do make mistakes that are corrected by authoritative judicial interpretation. With particular emphasis on New Zealand law, this article will examine the degree to which judicial decisions can correct and encourage government policies on climate change and give them a "nudge" towards making them effective. The potential role of the Waitangi Tribunal will also be mentioned and the Parliamentary Commissioner for the Environment. The issue of whether constitutional protection for the environment, with application to climate change, could be useful will be canvassed
Unilateral Refusals to Supply and the Essential Facilities Doctrine under New Zealand's Competition Law
Get PDFRefusals to supply are one of the types of behaviour that may constitute an illegal act of monopolisation under competition law. As part of United States refusal to supply law the courts developed the essential facilities doctrine. This requires the owner of a facility which is essential to rivals to provide access to that facility. Courts, in particular the United States Supreme Court, have cast doubt on the doctrine and cut back on liability for unilateral refusals to supply. Conversely New Zealand (and Australian) courts have increased liability for refusals to supply. One case, Commerce Commission v Bay of Plenty Electricity Ltd suggested New Zealand has its own essential facilities doctrine. This article discusses and analyses refusals to supply both legally and economically. It compares United States and Australasian law and shows how New Zealand law is tougher on refusals to supply. It argues that New Zealand has its own version of the essential facilities doctrine – albeit for different reasons than the Bay of Plenty Electricity Court suggested. It shows that sound reasons justify this stance
The Dynamic Evolution of International Law – The Case for the More Purposeful Development of Customary International Law
Get PDFA fundamental underpinning of the ongoing relevance of international law is that of its ability to adapt and change to meet new developments and challenges including new technology, new (or newly developing) threats to both the public and the international order and newly developed practices, for example trans-border corporate and taxation practices. How then to effect that change? The timely negotiation of treaties to deal with the subject matter of these new developments and challenges would be ideal but can be difficult due to a number of factors. The answer could lie in the more purposeful and expeditious development of customary international law – that is, by taking coordinated action, and by publicising that action and its legal basis.This will not result in changes to the law of the detail that might be expected in a treaty, but it could address particular issues of moment. Indeed, individual states may well see themselves as having no option but to take action to meet time sensitive and critical aspects of new developments and global challenges either alone or in concert with others with a view to the development of a more widespread custom. Initial characterisation of some such action as "illegal but justified" (or words along those lines), whilst a contradiction in terms, does at the very least point to a real need for a change in the law. An example of such purposeful action may well be the development of the customary international law of self-defence to support the use of force against non-state actors in certain circumstances – such as the force used by a number of states against the Islamic State of Iraq and the Levant (ISIL) in Syria on the basis of the collective self-defence of Iraq
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