Open Journal Systems at the Victoria University of Wellington Library
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John Mulgan and the Greek Left: A Regrettably Intimate Acquaintance.
Full text linkIn May 2021, I attended the Featherston Booktown Festival with Vincent O’Sullivan to talk about John Mulgan and Man Alone, which had just been re-published in a corrected edition. The large audience was clearly interested in and knowledgeable about Mulgan’s only novel, and equally interested in its enigmatic author
Old Black Cloud: A Cultural History of Mental Depression in Aotearoa New Zealand.
Full text linkA few pages into Old Black Cloud I was struck by the static, black and white photographs of past psychiatric institutions in Aotearoa New Zealand: Auckland Lunatic Asylum in the 1870s, Seacliff, north of Dunedin, around 1917; and the institutions of Seaview, Sunnyside, Porirua, variously in the early years of the twentieth century
“Like the swallows and the telegraph-wires”: Road Safety in New Zealand, 1898–1930
Full text linkSafety was a major concern for both motorists and other road users in the early decades of the twentieth century in New Zealand, as it was in many other countries. This article looks at road accidents, perceptions of reckless driving and the dangers posed to pedestrians, placing them in an international context. The response to the new dangers included a variety of safety campaigns, targeted particularly at children. The New Zealand experience closely matches the four traffic-safety paradigms identified by Peter Norton for the United States
Content and Depth Revisited
Full text linkIn this paper I will compare depth relevance to what has come to be called depth hyperformalism. Ordinary formality, is typically taken to require closure under uniform substitutions. Depth hyperformality requires closure under depth substitutions—not-necessarily-uniform substitutions that are allowed to vary with depth. As it turns out, all depth hyperformal logics are depth relevant but not vice-versa.
So we’re left to ask the following question: for the particular projects Ross Brady is engaged in, should it be depth relevance or depth hyperformalism that should set the pace? More to the point, I’ll be interested in the following two claims:
Logics of meaning containment are necessarily depth hyperformal.
Logics of meaning containment are necessarily depth relevant.
The first entails the second. Brady seems to endorse the second. I’ll argue in this paper that he should also endorse the first
Self-represented, Querulant or Vexatious Litigants: Two Sides of a Story
Full text linkEffective and efficient management of unrepresented litigants has long been a challenge for the Australian legal system. Numerous studies have already been undertaken on this topic by judges, legal practitioners and law academics resulting in various proposals for management strategies to deal with unrepresented litigants. However, those efforts were made in a marked absence of research from unrepresented litigants' viewpoints, in particular, unrepresented litigants' perceptions of the court's conduct and the reasons for unrepresented litigants' reactions to the court's conduct. I argue that this knowledge gap has limited the effective management of unrepresented litigants. In this article, I describe the unrepresented litigant's thoughts and actions in litigation in order to demonstrate that taking them into account will enable better management of unrepresented litigants
A Uniform Approach to Contract Formation and Interpretation
Full text linkThis is a revised and footnoted version of the Sir Ivor Richardson Lecture delivered at Victoria University of Wellington on 4 September 2024. Professor McLauchlan argues that when we ask the questions "is there a contract?" and, if so, "what does it mean?", essentially the same principles apply in New Zealand as a result of the Supreme Court's decision in Bathurst Resources Ltd v L&M Coal Holdings Ltd. This represents a departure from the law in other common law countries, notably the United Kingdom and Australia, where the courts continue to draw a sharp distinction between the principles governing formation of contracts and those governing their interpretation. Nevertheless, Professor McLauchlan suggests that the New Zealand development is to be welcomed because it improves the transparency and coherence of the law of contract and brings that law into line with the best international practice
Hiding in Plain Sight: The Lost Tikanga Authorities
Full text linkThe role of tikanga Māori within the law of Aotearoa New Zealand is the central issue facing the contemporary legal system. However, there are few historical authorities on the interaction between common law and tikanga currently in circulation. The aim of this article is to report the existence of a large body of historical cases in which tikanga-based arguments were pleaded before the courts. In many of these cases, tikanga was rejected. In some, the very existence of Māori law was denied. However, in a multitude of cases, over a wide array of legal areas, "native custom" was accepted as relevant and integrated in various ways into judgments and rulings. This article considers Reynolds v Tuangau, recently discussed in a Supreme Court judgment, as well as three other examples of such cases, picked from a pool collected as part of wider historical study. None of the cases discussed, nor any others found so far, provide an easy answer to the tikanga project. Instead, together they present New Zealand's early legal system as complex and shifting, featuring a variety of approaches to tikanga. The large majority of these cases, some of which were included in official law reports, have gone unnoticed since their adjudication. In this way they have been "hiding in plain sight". Uncovering and studying these historical authorities is an important task in terms both the history and law of Aotearoa New Zealand
RE-FINDING MY CULTURE AND MYSELF IN TRANSLATION
Full text linkMy Punjabi poems I have translated into English are from my books, titled, Bracket de Baharwaar (1994) and Angad (2008). [Bracket de Baharwaar is the winner of a prestigious award in India]. Both books are available at Apnaorg.com, electronically, hard copies at Amazon. As you can see, my first poetry book has a word ‘bracket’ in its title, that makes some people imagine me as a mathematician. Well, the title poem of that book (not included in these pages) does talk of mathematics; a socio-cultural one though
Silos, Competition and Fragmentation in New Zealand’s Vocational Education System
Full text linkNew Zealand persistently underperforms in productivity compared with many comparator nations. Solutions require active upskilling of the nation’s domestic population. Piecemeal funding across competing vocational education providers, and over-reliance on internationally qualified migrants, are contributors to fundamental failures in domestic skills development and employment. Informing this analysis are notable failures in governance and delivery in three high population-growth regions.
A cohesive vocational educational system with intentional investment in domestic skills development is critical. Clear, multilevel governance, attention to the place of learning, strong regional voice, iwi/Mäori partnership, and industry alignment are required if New Zealand is to achieve the productivity gains needed to lift overall economic performance
The last royal epoch: New Zealand Interior and Landscape Architecture in the 1900s
Full text linkKing Edward VII (reign 1901-10) was - as Douglas Lloyd Jenkins observes - "the last British monarch to give his name to a decorative epoch." As the British royals loosened their grip on aesthetic terminology, New Zealand also took the step of discarding colonialism for dominionship in 1907 - after saying "no thanks" to becoming the seventh Australian state when the colonies of New South Wales, Victoria, Queensland, Tasmania, Western Australia, South Australia federated in January 1901. While we rejected Australia, we annexed the Cook Islands and Niue that same year. Smith writes that "Islander chiefs favoured annexation on the understanding that land rights would be preserved, though they too lost control." This first decade of the twentieth century thus built on Pākehā awareness in the 1890s of "a local, rather than solely a global past. The death of the first generation of pioneers, combined with the statistical knowledge that most New Zealanders were now born here, added up to the idea that a distinctive New Zealander might exist.
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