Open Journal Systems at the Victoria University of Wellington Library
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The Presumption of Advancement in New Zealand: Time to Relegate this Doctrine to the Annals of History
Get PDFThis article is informed by a survey carried out in 2021, which found that the application of the presumption of advancement in New Zealand has been inconsistent, and at times confused, in the past 20 years. Taking the analysis further, this article argues that the doctrine of the presumption of advancement should be abolished in New Zealand for transfers of property by parents to adult children ("parent-child transfers"). The doctrine has become increasingly irrelevant. Most notably, the Land Transfer Act 2017 has implicitly abolished the presumption of advancement as well as the presumption of resulting trust in transfers concerning interests in land. The rationales for the doctrine have also become unconvincing or inapplicable. Parental affection has been a synonym for the parent-child relationship, which was underpinned by the financial status of fathers in a bygone era. In the changed legal and societal context of contemporary New Zealand, the notion that parents owe a moral obligation to provide for able-bodied adult children should not entail legal consequences. Complications with relationship property disputes, protection of the elderly and other considerations also support abolition of the doctrine. This article proposes a presumption of loan instead to give certainty, assist court adjudication and guide public behaviour
The Beeby-Fraser ideal: is it time to abandon it?
No full textIn 1939, C.E. Beeby, the director of education, alongside the minister of education, Peter Fraser, made a statement that has endured in New Zealand educational folklore: that ‘all persons, whatever their ability, rich or poor, whether they live in town or country, have a right as citizens to a free education of the kind for which they are best fitted and to the fullest extent of their powers’. This has underpinned aspirational visions of inclusive and egalitarian education in the past 80 years, but to what extent has this vision been realised, and is it still worthy of being an inspirational call to action? In this article, this statement call for a socially just education system is revisited, especially in light of the review of Tomorrow’s Schools (2018–19)
SpaceVR: Outreach Out of this World!
Get PDFSpace is the final frontier and engaging people with Space Science through Virtual Reality (VR) is uncharted territory. Increasing engagement Space Science can inspire students to pursue a career in science, technology, engineering, and mathematics (STEM), giving them the skill set to help solve societal issues. This project has developed SpaceVR, a virtual reality software application designed to increase engagement of High School students with the Space Science subject. The project furthers our knowledge about science outreach by exploring whether integration of scientific data and the addition of gamification elements to a VR experience increases user engagement. Within SpaceVR people can learn about solar phenomena by viewing real images of The Sun taken by NASA's Solar Dynamics Observatory (SDO) spacecraft and experience the effects of solar flares. Virtual reality applications exist on a spectrum ranging from purely entertainment through to training and education. Previous work has investigated whether educational VR applications can affect student interest in STEM subjects. SpaceVR aims to be in the middle of this spectrum, providing an engaging outreach experience, rather than being purely for entertainment or education. SpaceVR was evaluated at the Victoria University of Wellington Open Day with high school and university students. The results of the evaluation indicated that the experience was novel, enjoyable, and immersive. The usability of the experience was found to be slightly poor. Some participants found the player activity and tasks disengaging. Some participants found the controls difficult to use
Editorial Introduction: What will it take to lift the quality and effectiveness of education provision in Aotearoa New Zealand?
No full textDismantling the Grocery Duopoly: The Case for Prohibiting Grocery Covenants via Enforcement Action
Get PDFNew Zealand's retail grocery sector is dominated by a duopoly that impedes opportunities for new entry by lodging restrictive covenants on strategic sites and exclusive covenants in lease agreements. This enables the duopoly to limit competition and artificially raise grocery prices, harming consumers and society as a whole. In response, the Government has recently passed legislation prohibiting the duopoly's covenants. This article applauds action against anti-competitive grocery covenants. However, it argues that enforcement action, rather than legislation, would have been the more appropriate avenue for four reasons. First, under the new legislation, grocery retailers can apply for an exemption so that certain covenants remain in force, the outcome of which can be appealed. This means cases concerning grocery covenants will likely appear before the courts anyway. Secondly, enforcement action under existing legislation would have captured a key distinction that the new legislation overlooks. That is, while the duopoly's restrictive covenants are overwhelmingly anti-competitive and should all be unenforceable, in limited circumstances exclusive covenants are arguably net pro-competitive and should remain in force. Thirdly, and flowing from this, establishing via the courts that grocery covenants are in fact anti-competitive would have provided a more legitimate basis for prohibiting them. Finally, the Government's position that litigation is inefficient as each covenant must be individually analysed overlooks both the ANZCO Foods Waitara Ltd v AFFCO New Zealand Ltd collective covenants approach under s 28 and the s 30 cartel provisions in the existing Commerce Act 1986. To this end, this article argues that all of the duopoly's restrictive covenants and the great majority of their exclusive covenants breach existing competition laws, namely ss 28 and 30 of the Commerce Act
Networking, resource mobilisation and NGO role-performance: Considering more than simply the main effects
Get PDFPurpose – This study aims to establish the relationship between networking, resource mobilization, and role performance of Non-governmental Organizations (NGOs).
Design/methodology/approach – This study is cross-sectional and correlational. The results, using a questionnaire, are obtained from a sample of 122 NGOs in Uganda.
Findings – The study finds that both resource mobilisation and networking are significant predictors of NGO role-performance; with resource mobilisation the most significant predictor of NGO role performance. Human resource mobilisation as a construct of resource mobilisation correlates better with NGO role-performance relative to financial resource mobilisation. Similarly, the political networking construct correlates better, relative to business networking, with NGO role-performance and subsists in the presence of financial resources but not in the presence of human resources. Notably, we find a significant partial mediation of resource mobilization in the relationship between networking and NGO Role-performance.
Research limitations/implications – Networks can help organisations to mobilize resources. Thus, if NGOs are to improve the performance of their roles, networking, especially political networking, and resource mobilisation (essentially human resources) should be enhanced. To ensure generalisation, further research may wish to focus on other sectors (like government institutions) to establish the relationship between networking, resource mobilisation, and those institutions' role-performance.
Originality/value – Our design allows for the consideration of more than simply the main effects of networking and resource mobilisation by exploring the mediating role of resource mobilisation in the link between networking and NGO role-performance thus offering a more accurate and detailed description of the relationships between networking, resource mobilisation and NGO role-performance in a developing country context
Compulsory te reo Māori in Aotearoa New Zealand schools: A future-focused analysis
Get PDFWhile support for compulsory te reo Māori in schools in Aoteaora New Zealand is growing, there is a risk that any future policy could fail, or be only poorly implemented, unless we understand more deeply the factors which shape effective language policy implementation in schools. In this paper we employ a ‘future policy analysis' to explore what it would take to effectively implement a compulsory te reo Māori policy in schools in the future. We report on interviews with twelve purposively selected stakeholders (including Māori, Pākehā, Chinese and Samoan teachers, principals and one Member of Parliament) to elicit from their experiences and reflections the key elements required to implement te reo Māori well in schools. Participants identified that prioritising and valuing te reo Maori was foundational and essential for any potential policy shift at both national and school level. In addition, participants elaborated on how teacher expertise, resourcing, time and leadership support through senior management was integral to successful adoption and implementation. The paper concludes by recommending urgent attention to a range of future-focused strategies that beginning right now could bring about transformational change in our schools and give te reo Māori the mana it deserves
Truthmakers, Incompatibility, and Modality
Get PDFThis paper introduces a new framework, based on the notion of compatibility space, obtained by adding a primitive incompatibility relation to a state space in the sense of Fine. The key idea inspiring the framework is to modify Fine's truthmaker semantics by taking the notion of incompatibility as primitive, and use it to define other notions. We discuss some interesting features of the framework and explore its advantages over the standard framework of state spaces. We review some applications of the framework, including proofs of soundness and completeness theorems for a number of logics, one way to use compatibility states to mirror Kripke frames, and an exploration of a way to use the new framework to provide truthmaking clauses for modal formulas
Why Emissions Pricing Can’t Do It Alone
Get PDFThis article explores whether emissions pricing is sufficient to achieve the low-emissions transition in Aotearoa New Zealand. It draws on a critical review of the international literature on emissions pricing, policy interactions and political economy to make three broad arguments. First, that emissions pricing alone cannot be expected to induce the necessary levels of behaviour change and technological transition in the urgent time frame required. Second, non-pricing policies can deliver emissions reductions, even within the context of emissions trading under a volume cap. Third, even if emissions pricing could induce sufficient change, there are political economy constraints on reaching the adequate price in a feasible and equitable way. Consequently, we argue that the weight of evidence lies with utilising emissions pricing as part of a policy mix
Giving Light to the Waimapihi: the challenges of governance and policy for daylighting urban streams in Aotearoa New Zealand
No full textThis article examines the challenges posed by governance and policy to stream daylighting efforts in the urban context of Aotearoa New Zealand. Building on the work of McLean (2020), it examines the prospect of daylighting the Waimapihi stream in Te Whanganuia- Tara–Wellington. It then provides recommendations for future directions in freshwater management in light of ongoing reforms in the policy sphere, calling for a more inclusive scope of protection within Aotearoa New Zealand’s foremost resource management legislation
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