Open Journal Systems at the Victoria University of Wellington Library
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Crime and Punishment: Is the existing offence for reckless breaches of health and safety duties working, or does New Zealand need something new?
Get PDFNew Zealand law currently relies on proof of recklessness as the gateway standard for offences that can allow the Court to impose the highest financial and other penalties under the Health and Safety at Work Act 2015 (HSWA).
Is the existing recklessness offence set out in section 47 of the HSWA fit-for-purpose, or would New Zealand be better served by adopting one (or both) of two available alternatives – a lower standard of gross negligence for conviction, or an additional new offence of corporate manslaughter with higher penalties in cases involving death
Gap = opportunity: Directors have an opportunity to lead real improvements in health and safety
Get PDFThis article explores the opportunity for boards to take the lead in improving the health and safety performance of Aotearoa New Zealand organisations
The New Zealand Institute of Safety Management Health and Safety Reform Survey
Get PDFThis paper provides a high-level summary of the Health and Safety Reform Survey conducted by the New Zealand Institute of Safety Management (NZISM) in April 2024. The survey gathered insights from over 1,321 health and safety professionals in New Zealand on the effectiveness of the health and safety system (including key aspects of the Health and Safety at Work Act 2015 and its supporting regulations along with areas requiring improvement). Key findings indicate a general level of comfort with the existing Act, a desire for greater regulation of particular risks (psychosocial risks, plant and machinery, sector-specific) and a desire for a better-resourced and more focused WorkSafe with an emphasis on inspector capability and guidance development
Even More Loyalist than Most: The Round Table Movement in New Zealand, 1910–1923
Get PDFThis article illustrates the extent of the Round Table movement’s influence in New Zealand from 1910 until its decline in the early 1920s. There have been several in-depth analyses of this political movement in Australia, Britain, Canada, and South Africa. In contrast, the Round Table movement in New Zealand has received startlingly little attention. The article highlights that the New Zealand movement became a noteworthy lobby group and recruited some prominent members. However, it also highlights that the movement’s social elitism and internal tensions marred the effectiveness of its outreach
The British Art Section of the 1906–1907 New Zealand International Exhibition: Its Complexities and Contributions to New Zealand’s Art History
Get PDFThe British Art Section of the 1906–7 New Zealand International Exhibition in Christchurch remains the largest exhibition of British art in New Zealand history. However, its cultural impact has been little explored in art history scholarship. This article addresses contrasting interpretations of the section by examining its origins, purchases and legacies, reconsidering and recontextualising previous analysis by art historians Linda Tyler and Warren Feeney. The success of the section neither devastated nor revitalised the work of local artists, but instead reinforced the continued importance of purchasing British art for New Zealand and the pivotal role it played in shaping this country’s nascent art collections
Guy Ngan: His Art, Life and Pacific-Chinese Aesthetics
Get PDFThis article is a study of the art of Guy Ngan 顏國鍇 (1926–2017). A Chinese-New Zealander, Ngan’s work and aesthetic considerations are yet to be adequately understood. I will introduce his background, discuss his major works and elaborate on his approach to art practice. I will also discuss Ngan’s identity, his self-identification and the reception of his art in the context of New Zealand art history. What are the characteristics of Ngan’s work? How has Ngan’s Chinese cultural background informed his art practice? And what constitutes his “Pacific-Chinese aesthetics”? I will argue for a positive case of a Pacific-Chinese aesthetics in New Zealand as proposed and practised by Ngan. The article concludes with a discussion of recent changes in the reception of his oeuvre
Children’s interests and early childhood curriculum: A critical analysis of the relationship between research, policy, and practice
Get PDFPolicy makers have a powerful influence on educational practice. When such bodies are vague about the evidence-base for their policies they may uncritically rely on outdated theories, beliefs, and selective research evidence. A tension may then exist where practitioners become undermined as agents in curricular decision-making. Practitioners may aim to provide curriculum and pedagogy aligned with contemporary knowledge, but are also bound to the policy bodies who hold persuasive power. In England and Aotearoa New Zealand, two particular organisations in each country have most influence on early childhood education. Focused on the notion of children’s interests, this article questions the basis for the key curricular policy, accompanying advice and guidance, and evaluation standards of these organisations. We do so having discussed children’s interests from historical and contemporary research perspectives. We then trace and critique ways children’s interests present in significant policy documents. We suggest that both policy and practice adopt contemporary perspectives of children’s interests and move towards a middle space between curriculum-as-plan and curriculum-as-lived (Aoki, 2005). Such a space provides a way forward for ongoing curriculum conversations about children’s interests
A note on negation inconsistent variants of FDE-negation
Get PDFH. Omori and H. Wansing introduced in a recent paper possible alternatives for the negation of the logic of first-degree entailment. One of their observations with regard to these alternative negations is that some of them turn out to induce negation inconsistency, meaning that some contradictions become provable (under an arbitrary premise) when used in place of the original negation. Omori and Wansing also considered a non-deterministic generalisation of such operators, but it was left open whether the generalised negation similarly induces negation inconsistency. In this paper, we provide an answer to this question in the positive, and moreover look into further generalisation and characterisation of non-deterministic operators which satisfy the formal criteria of negation inconsistency and its pair notion of negation incompleteness in the setting of Omori and Wansing
Ubiquity of Legal Pluralism and its Consequences
Get PDFThis article is a lightly edited version of the keynote address delivered at the 2023 ICON•S Annual Conference, held at Victoria University of Wellington—Te Herenga Waka, on 5 July 2023. I provide an overview of legal pluralism and its implications, addressing why legal pluralism heretofore has been overlooked by jurists, the historical roots of legal pluralism, how to identify what qualifies as law, internal and external legal pluralism, three categories of law that help frame legal pluralism, why customary law is difficult to incorporate within state law, the implications of legal pluralism for legal development and human rights, and much more
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