Open Journal Systems at the Victoria University of Wellington Library
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Letter: RE: Complaint about the publication of letter from Doug Edmeades in NZ Science Review (2017) vol. 74(2)
No full text"Pay for Delay": Legitimate Conduct to Defend Valid Patent Rights or Anticompetitive Behaviour?
Get PDFOriginator and generic drug manufacturers frequently settle patent litigation on terms that include a payment to the generic manufacturer in return for the generic to delay entry into the market. These reverse-payment settlements extend the originator's market exclusivity and can amount to anticompetitive divisions of the market. Proponents of such settlements emphasise the reverse-payment as a legitimate business response to the risks associated with litigation. While reverse-payment settlements have raised considerable debate in the pharmaceutical field in both the United States and the European Union, competition authorities in New Zealand are yet to address this issue. Against this background, this article seeks to analyse the compatibility of such settlements with New Zealand competition law, in particular with ss 27 and 36 of the Commerce Act 1986. Given the diversity of such agreements, it is unclear whether New Zealand competition law is adequate to curtail reverse-payment settlements
First Laws: Tikanga Māori in/and the Law
Get PDFThis address is the 10th Shirley Smith Memorial Lecture given in Wellington on 18 October 2017. It considers the possibility for the enhanced role of first laws – the laws of Indigenous peoples – within contemporary settler legal systems
Public Law Sources and Analogies of International Law
Get PDFAre the "general principles of law recognised by civilized nations" capable of adjusting to the progress and needs of the international community? This article argues that they are, and that international law needs, to a larger degree than what has been the case, to draw on principles of public law. Those principles of public law are not to supplant, but to supplement, those of private law. The article analyses four principles: the principle of legality; the principle requiring positive legal basis for state action; the principle that even the highest emanation of the executive power cannot escape judicial review; and the principle of protection of legitimate expectations. If one takes account of the needs of international law, there is no reason whatever why today we should accede to the orthodoxy that the intention behind the concept of general principles is only to authorise a court to apply the general principles of municipal jurisprudence, in particular of private law, in so far as they are applicable to relations of states – if for no other reason than the fact that international law no longer governs only relations of states. 
Combating Unregulated Fishing through Unilateral Trade Measures: A Time for Change in International Fisheries Law?
Get PDFUnregulated fishing on the high seas – understood as fishing activities by vessels flagged to a non-member state in an area regulated by a regional fisheries management organisation – are a significant threat to the sustainability of high seas fishery resources. The European Union (EU) and the United States – two major market destinations for fishery products – have shown a strong determination to treat unregulated fishing as illegal fishing. They have applied or threatened to apply trade restrictions to states that have no treaty obligations to refrain from fishing on the high seas. These actions are conspicuous because the practical effect of these unilateral measures entails a challenge to the fundamental pacta tertiis rule. This article suggests that the application of unilateral trade-related measures by the EU and the United States against non-member states represents relevant state practice for the formation of a prohibition against unregulated fishing in customary international law. 
Beyond the pay gap: The retirement disadvantage of being female
No full textThe gender pay gap in New Zealand is often discussed in terms of hourly wages or represented by the idea that women effectively work for free from 14 November until the New Year (Lawless, 2017). What isn’t often considered is how the disparities in earning, promotion opportunities and time out of the workforce for family can compound into an exponential affect on retirement savings, like so much interest never received. According to the ANZ bank, the average woman retiring in 2017 will have 60,000 (Parker, 2017; ANZ, 2015)
Law, Liquor, and Love
Get PDFThis article discusses attempts at alcohol law reform in New Zealand between 2008 and 2017. First, it describes a major review of alcohol by the New Zealand Law Commission, headed by Sir Geoffrey Palmer, who had overseen liberalisation of alcohol regulation 25 years earlier. The main recommendations of the commission’s final report featured progressive reform of the alcohol laws regulating marketing, price, accessibility and age of purchase. Second, it outlines the response to the commission’s report by the Nationalled government, including an Alcohol Reform Bill that ignored the key recommendations of the commission. This ‘non-reform’ bill was the outcome of a political process of obfuscation, delay and inaction led by then prime minister, John Key. Third, the article describes the factors that have contributed to the lack of effective alcohol law reform, despite the review and high public support for change over the past decade. We conclude that ‘the love of money’ is at the heart of the barriers to change. Finally, we propose three main policies that would make a significant difference to reducing alcohol-related harm in New Zealand and suggest how these could be advanced
Platforms in Aotearoa: our fast-growing sharing economy
No full textMy favourite farmers’ market in Aotearoa is in Dunedin. Over the warmer months it has the best fresh produce in New Zealand: Central Otago apricots the size of peaches, oldschool gooseberries, greengage plums. But the Otago Farmers Market also offers a physical pun. It’s at Dunedin’s famous Railway Station, and there on the station platform you’ll also find many artisan products, like seaweed condiments, craft beer, and bread of every kind. A ‘platform’, according to Choudary and Parker, is ‘a business model that uses technology to connect people, organisations and resources in ecosystems to exchange goods, services and ideas’ (Choudary and Parker, 2016). Take a broad view of ‘technology’ and the Otago Farmers Market is a platform on a platform
The digital economy and society: a preliminary commentary
Get PDFVirtually all technologies that humans have invented or will invent present both benefits and risks. The history of humankind is that of invention, development and exploitation of technologies while managing their downsides. However, it is the speed, scope and pervasiveness of digital technological change across virtually every aspect of human endeavour that generate an enormous array of possible implications. Such characteristics undoubtedly set the digital revolution (sometimes called the fourth industrial revolution) apart from past technological revolutions in the way they challenge aspects of human behaviour and social institutions
The future of productivity: What contribution can digital transformation make?
Get PDFThis article summarises emerging evidence on the relationship between productivity and the digital transformation, based on work underway in the OECD’s Going Digital project. The article starts by discussing the relationship between the global productivity slowdown and the diffusion of digital technologies and related processes across firms and industries. It then outlines the role of structural factors in digital adoption, before concluding with a brief discussion on policies to strengthen future productivity growth
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