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Prosecution Accountability and Judicial Review
Get PDFThis article examines the various ways that prosecution decisions can be challenged and, in particular, the extent to which prosecution decisions might be susceptible to judicial review. The focus is on the decision to commence or not to commence a prosecution. First considered is the extent to which that decision can be challenged pursuant to conventional criminal procedures. The availability of tort-based civil proceedings and the extent to which prosecution decisions are susceptible to judicial review are then considered. It is argued that providing adequate avenues to challenge prosecution decisions needs to be seen in the broader context of (a) the need to balance prosecutorial independence and prosecutorial accountability and (b) the separation of powers doctrine
Of Climate Change, Quantum Physics and Causation: Is it Time for a Probabilistic Approach to Causation in Tort Law?
Get PDFTo date, the requirement that a plaintiff prove causation has hampered the success of tort-based claims against corporate greenhouse gas emitters. The need for an alternative approach to causation is clear. In recent years, courts and academics have engaged with the task of finding viable alternatives to the dominant "but for" test for causation. This article adds to that endeavour by proposing a new line of inquiry, grounded in approaches to causation that have emerged in scientific disciplines. It argues that the demise of deterministic theories of causation in science, and the rise of indeterministic and probabilistic alternatives, could be of interest to lawyers seeking a new approach to causation in law that is better tailored to the challenges of climate change. The article contends that courts' rigid application of the "but for" test is rooted in a Newtonian assumption that all things have a determinate cause. It advocates instead for a probabilistic approach, drawing on Fairchild v Glenhaven Funeral Services Ltd as evidence of its feasibility. Such an approach, it is argued, creates a real prospect of success for climate change litigants
The Removal of Justice Edwards and the Struggle Between the "Legal" and the "Constitutional" in Late Nineteenth-Century New Zealand
Get PDFThis article examines an extraordinary episode in New Zealand's constitutional history: the 1892 removal of Justice Worley Bassett Edwards as a Supreme Court judge after having been invalidly appointed by the previous government. Edwards' case is important as the only time a New Zealand government has formally sought to remove a sitting judge of the Supreme or (as it is now) High Court. But the article argues that the Edwards controversy is also an example of how New Zealand politicians and lawyers thought about judges within the developing New Zealand state, and even more profoundly about what was constitutional, as opposed to just legal, within that state
Modelling Child Poverty and Wellbeing the Treasury’s TAWA microsimulation model
Get PDFLarge tax–transfer microsimulation models can play a key role in guiding tax–transfer analysis and reform. This article discusses the Treasury’s microsimulation model of the tax–transfer system (the Tax and Welfare Analysis (TAWA) model), including how it is used and the standard outputs it produces. The article also considers whether these standard outputs continue to be fit for purpose. This includes a discussion of different ways of estimating poverty impacts, the role reporting should give to financial incentives to work, and the opportunities provided by improved data. This final point is particularly important for understanding take-up and the prospect for extending the model to cover non-financial measures
Where Will the Bellbird Sing? Te Tiriti o Waitangi and ‘Race’
Get PDFThis article investigates deep philosophical differences between the complex relational networks that underpin te Tiriti o Waitangi as originally written, debated and signed by the rangatira of various hapū and British officials in New Zealand in 1840, and the canonical re-framing of the Treaty as a binary ‘partnership between races’, or ‘between the Crown and the Maori race’, in the 1987 ‘Lands’ case judgment by the Court of Appeal, at the height of the neo-liberal revolution in New Zealand.After exploring comparative analyses of the colonial origins and uses of the idea of ‘race’, and the risks associated with binary framings of citizenship by race, ethnicity or religion in contemporary nation states, the article asks whether relational thinking and institutions – including tikanga and marae – might not offer more promising ways of understanding and honouring te Tiriti o Waitangi, and fostering cross-cultural experiments in Aotearoa New Zealand
Ngā Mahi o Rarohenga: Organising Well Means Organising to End Violence
Get PDFWe need to include ending violence in our organising, or our movements will fail to build a better world. Rarohenga is an ideal that can inspire us to think beyond our messy realities where violence is thriving. It reminds us that the foundations of strong communities are connections and care. We can organise safer, nurturing, and powerful movements. Learning about violence and growing connection and care in our movements can help us rebuild our communities to be more like Rarohenga—where we are not reproducing violence and responding to it is simpler
Fearsome Horses: the nightmares that wrecked Lambton Quay
Get PDFThe 1970s saw an unprecedented wave of building demolition along the western side of Lambton Quay as well as in other parts of central Wellington. A 1972 survey carried out by the City Corporation identified buildings they determined to be at risk of collapse in a moderate earthquake, with "A" being the highest risk category. Those classified as "A" were then targeted for demolition. The survey followed a Chamber of Commerce discussion paper produced in November 1971 that was concerned with future regional development. As a result, many small buildings were replaced with fewer, much larger tower blocks. These tower blocks were built to maximise returns on investment according to the size of the footprint (with little or no regard for aesthetics). Although some were completed in the 1970s, others were not topped off until the 1980s.
This paper evaluates the reasons for the apparent sudden upsurge in awareness of "awesome forces," the publicity given to the survey, and the likely outcomes for building owners. It traces the building history of a varied selection of "at risk" commercial premises; a few of which have survived - at least partially in façade form - and some of the buildings that succeeded them. At the time there seems to have been little historical consideration or awareness of what was being lost, and strengthening options were seldom explored in depth. Hence many varied two- to five-storey buildings erected in late Victorian and early Edwardian times were irreversibly pulled down to be replaced by characterless, anonymous and overbearing tower blocks
Noel Bamford: the first director of the Auckland School of Architecture
Get PDFAuckland's keenest advocate of the Arts and Crafts movement was Frederick Noel Bamford (1881-1952) who was the first director of the Auckland School of Architecture from 1917-19. Apprenticed to carpenter and architect Edward Bartley (1839-1919) during the years that St Matthews-in-the-city was being designed, Bamford excelled at drawing and travelled to London to become a student at the Royal Institute of British Architects' School in 1904. Along with fellow expatriate architectural student Arthur Patrick Hector Pierce (1879-1918), Bamford found work in the office of Edwin Lutyens (1869-1919), famed for his romantic English country houses. Bamford returned to Auckland in 1906, and was elected an Associate of the RIBA the following year. Pierce followed, and they formed an architectural partnership which became renowned for its houses in the English Domestic Revival style adapted for New Zealand conditions. Bamford and Pierce are best known for designing the glamourous Coolangatta, 464 Remuera Road (1911, demolished in 2006) for Canadian-born Alfred Foster, a surveyor and his wife Jessie, which Peter Shaw observes is almost an exact copy of a Lutyens house at Fulbrook, Elstead, Surrey, built in 1897. As well as indicating the rapid transmission the Lutyens country house typology to New Zealand, the story of the Bamford and Pierce partnership offers an intriguing insight into the social relationships of Edwardian Auckland. Pierce's father George was prominent in the Anglican Diocese, and one of the earliest commissions that Bamford and Pierce secured was for Bishopscourt, a home for the Anglican Bishop of Auckland, known as Neligan House (1909-10). Connections to the law firm of Hesketh Richmond (Bamford's father was Edwin Bamford, (1846-1928), Registrar-General of Lands) resulted in the commission for Waione (1910), a single storey house at 22 Domett Avenue, Epsom as well as two houses for wealthy heiress Jeannie Stirling Richmond (1854-1917) for construction on her Rockwood estate. Ngahere at 74 Mountain Road (1907-8) was designed for Richmond's newly married daughter Margaret MacCormick (1884-1972) is renowned for its butterfly floor plan. Woodend at Gilgit Road (circa 1914-15) was designed as the home of Noel Bamford's brother, lawyer Dr Harry Dean Bamford, who lectured in law at Auckland University College. In 1912, the year that his Remuera house went up in flames destroying £2000 worth of Arts and Crafts furniture, Bamford founded the Arts and Crafts Club in Auckland, becoming its inaugural president. The Club was to have a key role in promoting the adaptation of the ideology of William Morris, and incorporated Māori arts into its definition of craft
Interiors of the 1960s in miniature
Get PDFIn New Zealand most extant dolls' houses from the second half of the twentieth century are home-made. The venture by the Auckland firm Jomax into mass-producing a single-storey dolls' house in the mid-sixties was unusual. This venture may have been spurred on by the traditional two-storey dolls' houses being produced by the New Zealand Tri-ang factory, also in Auckland. The Jomax "Little Princess" dolls' house does not, like the New Zealand Tri-ang houses, reflect a UK heritage, but is clearly a New Zealand house similar in form to many being built and published in the 1960s. Jomax also made sets of modern-style furniture suitable for fitting out its four rooms and a hallway. The paper examines the interiors of this New Zealand-designed house and compares them with those of UK (Tri-ang) and East German (Gottschalk) toy houses of the same vintage. The comparison explores the interiors, with their obvious differences and some similarities, and asks whether they reflect the full-scale versions of the time, or whether they were to some extent aspirational
Study of the Photographer as a Study: Looking Inside Duncan Winder's Home (sometime between c1962 and 1965)
No full textIn recent years there has been a small increase in research addressing the architectural photography of Duncan Winder. While this scholarship adds to critical appreciation of his skill and productivity as a recorder of New Zealand buildings, of his personal life we remain largely ignorant. To know an artist's life well does not guarantee a transparent view into their creative mind, but in the case of Winder we are so bereft of insight into his private life that the only way we have to explore him biographically is through his photographs. Overwhelmingly, Winder's archived oeuvre demonstrates a photographer determined to keep his own image firmly behind the lens. Foreground shadows and, on occasion, a blurred reflection, signal rare glimpses of the photographer at work. But otherwise, his common technique of bringing a hidden character to the camera suggests a determined effort by Winder to not only remain outside the view of the lens, but apart from the entirety of the scene being recorded. Against this pattern, this paper identifies seven images drawn from the Winder archive that present as being of a common domestic interior dated to the 1960s. Contrary to the proliferation of architect-designed rooms that dominate Winder's archive, these photographs show a modest home whose domestic character might be best categorised as "bach-like." Added to this, the composition of each photograph is unusually casual for Winder's work, and they read more as impulsive snap-shots than considered views. When content details are correlated against archival information it can be faithfully concluded that this interior is the home of Duncan Winder. The remainder of the paper interprets one of these images – "House interior, study" - as a knowing self-portrait by the photographer, and the visual scene is interrogated for evidence of Winder's inner world
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