Open Journal Systems at the Victoria University of Wellington Library
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From depth relevance to connexivity
Get PDFBrady [4] used the matrix for Meyer’s crystal lattice CL to build ahierachical model structure for his deep relevant logic DRd. In this paperwe modify the matrix for CL so as to define a connexive conditional. Indoing so, we arrive at a family of connexive logics satisfying the depthrelevance property. As a result, we show a way to satisfactorily combineconnexivity and relevance without trivializing the logic and without vali-dating unappealing theorem
The Prefigurative and Settler-Colonial Politics of Relational Commons: Ethnographic insights from an urban grower collective in Alberta
Get PDFIn an era of environmental degradation and social inequality, the concept of the ‘commons’ offers a framework for reimagining resource management through shared stewardship and collective care. This article, co-authored by an agrarian anthropologist and a guiding Mapuche Elder, examines the prefigurative politics of a Grower Activist Collective in Calgary, Canada, where critical urban gardening functions as both ecological care and political resistance. Using participatory methods, the study explores how everyday acts of sharing seeds, labour, and knowledge cultivate relationality as the foundation of communal solidarity. We argue that practices of seed saving, gift economies, participatory governance, and intercultural knowledge exchange enact alternative socio-political relations rooted in the commons, challenging capitalist enclosure and market-oriented food systems. Integrating intersectional and anti-colonial approaches, the research highlights how grassroots initiatives can transform food systems, foster mutual aid, and build resilience, contributing to broader struggles for social justice and environmental regeneration
Distributional Impact of New Zealand Budget 2025 KiwiSaver Changes
Get PDFChanges to the KiwiSaver scheme were introduced as part of Budget 2025. The changes will see employee and employer contribution rates increase over time to 4% for employees and 4% for employers and should generally lead to higher KiwiSaver retirement savings for salary and wage earners. However, another change, the decrease in the government contribution, will mean that (absent behavioural changes) some KiwiSaver members will have lower retirement savings than would otherwise have been expected, including members who are self-employed. Low-income members will also tend to be affected more, as the government contribution makes up a greater portion of their eventual retirement savings. We estimate that, in total, the changes in the Budget could increase KiwiSaver retirement savings for around 80% of currently contributing KiwiSaver members and reduce KiwiSaver retirement savings for around 20% relative to what would have been expected without the changes. Improving the targeting of the remaining funds for the government contribution could potentially improve the retirement outcomes for this 20% of members, but further work is required to determine the best approach. A broader issue that remains unaddressed is determining the optimal government incentive for a scheme designed to encourage private retirement savings, within the context of the entire retirement income system, which includes both private savings and New Zealand Superannuation.
Women and Retirement Income: A life-course perspective on policy solutions
Get PDFMen’s KiwiSaver balances are on average 25% higher than women’s. Through a life-course approach, this article identifies six critical stages where policy interventions could improve women’s retirement income outcomes and reduce that gap: formal education and training, work, relationship status, parenting, housing tenure, and retirement. Drawing on data and evidence from New Zealand and overseas, the article argues that more coordinated interventions across these critical life stages could improve equity between women and men at retirement. The analysis reveals that while women and men start with similar incomes at age 15–19, the pay gap widens progressively through each life stage, creating cumulative disadvantage by retirement age
Federal Workforce Reforms in Trump’s Second Term: two scenarios
Get PDFFive early proposals from the second Trump administration add up to a potentially dramatic shift of power within the executive branch of the federal government and between the executive and legislative branches. With help from conservative think tanks and the Republican-led Congress, the 2024 election has opened the door to an increasingly powerful US presidency and an ever-weaker constitutional order
In Dissent of Dialogue: Why Dialogue is a Dangerous Metaphor for Conceptualising
Get PDFThe senior courts of Aotearoa may formally declare an Act as inconsistent with the New Zealand Bill of Rights Act 1990, a remedy which now requires an executive response and debate on the matter. Given this cross-parliamentary involvement and the constitutional centrality of human rights, the precise relationship between the courts and Parliament under the Bill of Rights Act has attracted great attention. Internationally, these relationships have been metaphorically compared to a dialogue, framing a declaration as the judiciary "speaking" to Parliament and Parliament "speaking back" to facilitate robust, collaborative engagement with human rights protection. Dialogue has infiltrated the development of Aotearoa's declaration of inconsistency (DOI) framework, albeit inconsistently, resulting in a multi-branch remedial framework which is conceptually confused. Despite the legislature's approval of dialogue, it was rejected by the Supreme Court. This puts the key actors in DOIs at odds as to the remedy's purpose and underlying constitutional relationships.This article argues that DOIs conceived as dialogue masks reality. Dialogue has been inappropriately imported into this remedy, and as this article argues, should be reconceptualised to better reflect the reality of practice in Aotearoa, as well as to abate the inherent dangers of the metaphor. By tracing the judicial development and subsequent legislative affirmation of DOIs, this article traces dialogue's implementation in the conception of the DOI to demonstrate that its current form is unworkable. A case study of Make It 16 reveals how these failures unfold and highlights the dangers of dialogue in Aotearoa. Finally, this article attempts to address these dangers by recasting the metaphor as Discourse, which better reflects Aotearoa's constitutional landscape and promotes richer parliamentary responses to declarations
Prosocial Corporate Purpose in Practice
Get PDFThe debate over corporate purpose – whether corporations ought to exist solely to maximise shareholder value, serve broader societal interests or pursue both – has persisted throughout the history of corporate law. Despite its significance, the United States legal framework offers little clarity. The United States Constitution is silent on corporations, corporate law is primarily state-based and case law on corporate purpose remains limited. Despite this debate and the lack of clarity on what corporations ought to do, as a practical matter, the business judgement rule grants corporate directors and officers broad discretion to adopt a prosocial or stakeholder-oriented corporate purpose. Still, the mechanisms for implementing such an approach remain unclear.
This article shifts focus from the normative to the practical and asks: what corporate governance tools and strategies can companies use to operationalise a prosocial corporate purpose? It examines a range of strategies, including voluntary statements; private ordering mechanisms such as shareholder proposals; governance reforms like public interest board members and stakeholder-driven executive compensation; and legal structures such as public benefit corporations (PBCs). These tools vary in both enforceability and impact. Voluntary commitments often lack accountability but can catalyse more substantive reforms. The Delaware PBC provides a legally enforceable mandate to balance stakeholder interests, though only shareholders may enforce it. Board composition and incentive structures remain underutilised and debated.
While no single reform is a panacea or appropriate for all corporations, they represent a flexible and evolving toolkit for embedding prosocial goals into corporate governance
Navigating ESG in Corporate Governance: Balancing Shareholder Primacy with Sustainable Business Practices
Get PDFAdvancing the environmental, social and governance (ESG) agenda through company law presents challenges, particularly in common law systems, where directors' duties are traditionally seen as prioritising the "interests of the company", a concept closely tied to shareholder interests. Courts generally avoid evaluating the merits of business decisions and focus instead on ensuring that directors follow appropriate decision-making processes. Despite this procedural focus, ESG concerns are becoming an increasingly significant factor in corporate governance. Companies are being pressured to adopt sustainable business practices, and regulatory frameworks are evolving to encourage or require directors to integrate ESG factors into their decision-making. This article explores the evolving role of directors in advancing ESG goals and argues that, while courts continue to emphasise procedural correctness, directors must adapt to the growing societal, regulatory and market expectations surrounding ESG
Embedding Safety in Design (SiD) within Construction Contract Law: Challenges and Opportunities for Improved Safety Outcomes: Proactive Risk Mitigation: Strengthening Construction Safety Through Design Integration
No full textThis paper explores the integration of Safety in Design (SiD) into construction contract law, with a focus on improving safety outcomes and risk management across New Zealand, Australia, and the United Kingdom. By examining case studies and legislation such as New Zealand's Health and Safety at Work Act (HSWA) 2015, this research identifies the challenges and opportunities in embedding SiD principles within construction contracts. Key challenges include regulatory vagueness, liability concerns, and economic barriers, while opportunities lie in proactive risk management, collaboration, and the use of emerging technologies like Building Information Modeling (BIM). The paper offers recommendations to strengthen regulatory frameworks, enforce SiD through construction contracts, and enhance safety collaboration. The findings highlight the transformative potential of SiD in shifting safety management from reactive measures to proactive risk mitigation in the design phase, aiming to improve safety and minimise legal disputes in the construction industry
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