Open Journal Systems at the Victoria University of Wellington Library
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A Recipe for Paradox
Get PDFIn this paper, we provide a recipe that not only captures the common structure of semantic paradoxes but also captures our intuitions regarding the relations between these paradoxes. Before we unveil our recipe, we first talk about a well-known schema introduced by Graham Priest, namely, the Inclosure Schema. Without rehashing previous arguments against the Inclosure Schema, we contribute different arguments for the same concern that the Inclosure Schema bundles together the wrong paradoxes. That is, we will provide further arguments on why the Inclosure Schema is both too narrow and too broad.
We then spell out our recipe. The recipe shows that all of the following paradoxes share the same structure: The Liar, Curry's paradox, Validity Curry, Provability Liar, Provability Curry, Knower's paradox, Knower's Curry, Grelling-Nelson's paradox, Russell's paradox in terms of extensions, alternative Liar and alternative Curry, and hitherto unexplored paradoxes.
We conclude the paper by stating the lessons that we can learn from the recipe, and what kind of solutions the recipe suggests if we want to adhere to the Principle of Uniform Solution
The Constitution, Taxation and "Avoiding Prolixity and Tautology"
Get PDFSir Kenneth Keith reviews the efforts made over the past 35 years to improve the drafting of New Zealand legislation in general and tax law in particular
Price Squeezes in New Zealand Competition Law: Goodbye to the Efficient Component Pricing Rule and the Equally Efficient Competitor
Get PDFOne of Professor Prebble's many achievements is that he is a fellow of the Law and Economics Association of New Zealand. This achievement recognises his contribution to the economic analysis of law. The first field to which scholars applied economic analysis of law was competition law. This article examines a particularly contentious area of New Zealand's competition law; viz the Efficient Component Pricing Rule and s 36 of the Commerce Act 1986. This rule first arose in Clear Communications Ltd's dispute with Telecom Corp of New Zealand Ltd. The Privy Council endorsed charging on the basis of the rule – saying its use did not breach s 36. Many years later New Zealand's Court of Appeal held Telecom's use of it amounted to a breach of s 36 in the context of price squeeze litigation. This article examines how the Court of Appeal concluded this. It looks at the economics of price squeezes and the rationale behind the Efficient Component Pricing Rule. It discusses United States law on price squeezes and shows how that law is hostile to finding competition law liability for price squeezes. It outlines the New Zealand cases and analyses the reasoning of the cases – particularly the Court of Appeal price squeeze case. It concludes that in holding use of the rule was a breach of s 36 the Court has eliminated the equally efficient competitor standard test for monopolisation and interred the Efficient Component Pricing Rule. It also argues that proscribing price squeezes is worthwhile
To Promote or Not to Promote? The Role of the Judiciary in the New Zealand Commercial Mediation Market
Get PDFJudicial promotion of mediation has been identified as an important way to encourage and increase the amount of commercial mediation in New Zealand. This latest contribution to the New Zealand Commercial Mediation Study (NZCMS) explores the views of District and High Court judges in relation to the use of mediation in their courts. Comparisons are made with earlier NZCMS studies, including the controversial issue of mandatory mediation. While the judiciary is well placed to increase the amount of commercial mediation in New Zealand, this paper concludes that it is unlikely that this potential will be realised under the current civil procedure settings. District and High Court judges possess a good understanding of mediation and its benefits but also prioritise party autonomy in choosing whether to undertake mediation or not
Combatting Hate in New Zealand: The Problems with Hate Crime Legislation and the Importance of Non-Criminal Alternatives
Get PDFThis article discusses the Royal Commission of Inquiry's recommendation to reform New Zealand's hate crime legislation following the Christchurch terror attack. New Zealand currently uses a sentencing enhancement provision that has faced much criticism for being unable to reflect the serious nature of hate-motivated offending. It is also poorly enforced. The Commission recommended replicating the United Kingdom's approach by creating separate hate crime offences. This article argues that this is not the most productive way to combat hateful conduct and achieve the Commission's broader goal of social cohesion. Evidence from the United Kingdom suggests that many of the intended benefits of separate offences do not eventuate in practice. This article considers that criminalisation is not the best way to address hateful conduct generally. Hate crime laws risk being counter-productive and are unlikely to change societal attitudes. The conclusion is that it would be more beneficial to focus on non-criminal anti-hate responses, such as education. These alternative anti-hate methods will be more likely to address the root causes of hostility, prevent the development of hateful attitudes and thus reduce the frequency of hate-motivated offending in New Zealand
The UN Security Council and Non-Traditional Security Threats: Why the Failures of the Council's Covid-19 Response Dampen Hopes for Council Action on Climate Change
Get PDFSince the late 1990s, the mandate of the United Nations Security Council has evolved significantly as the Council has increasingly engaged with non-traditional security threats. Such matters create economic, societal and/or political instability that places livelihoods in peril and increases risks of conflict. COVID-19 presents one such threat. This article analyses the Security Council's COVID-19 response and highlights the challenges preventing effective and efficient action, with a view to understanding the Council's present capacity to deal with emerging non-traditional security threats, particularly climate change. Key challenges include the political conflict within the Council, principally between permanent members, as well as the Council's limited "toolkit" for action, which is primed to respond to traditional security threats. Considering the burden that such challenges had on the Council's COVID-19 response efforts, it is argued that the Council cannot be primarily relied on to manage other non-traditional threats. This is especially so in the case of climate change, which presents a more complex, multifaceted threat than a pandemic. A role for the Council that addresses consequences of climate change that most clearly fall within the Council's mandate is proposed
The Sexual Violence Legislation Act 2021: Pre-Recorded Cross-Examination and the Right to a Fair Trial
Get PDFThis article analyses the provisions of the Sexual Violence Legislation Act 2021 that offer witnesses in sexual cases access to pre-recorded cross-examination as an alternative method of giving evidence. The Act is intended to reduce the trauma of sexual violence victims in court whilst preserving the fairness of the trial. The Act prima facie entitles witnesses to access alternative evidence methods, but judges retain a discretion under s 106G to prevent the use of pre-recorded cross-examination. Under s 106G, the judge must do so where the pre-recorded cross-examination presents a real risk to the fairness of the trial. This article evaluates how judges are likely to exercise their discretion under s 106G. I recount the contemporary notion of a fair trial through the lens of the New Zealand Bill of Rights Act 1990 and identify areas of tension between defendants' fair trial rights and witnesses' interests. I assess how the realities of the system render pre-recorded cross-examination workable only at the expense of defendants' fair trial rights. Consequently, judges will almost always be compelled to make orders under s 106G preventing pre-recorded cross-examination. The Act is unfit for its purpose of expanding the availability of alternative evidence for witnesses and improving the justice process for sexual violence complainants
Te Awa Tupua, Indigenous Law and Decolonisation
Get PDFWorldwide, Indigenous peoples are building an emerging area of law which can be described as Indigenous jurisprudence. Indigenous jurisprudence is firmly grounded in a legal philosophy that conveys an Indigenous consciousness of all life existing as expressions of sacred life energy. All life, including people, are also children and grandchildren of Grandfather Universe and Grandmother Earth. All life are therefore close and revered kin who coexist interdependently. This article describes the Indigenous law that underpins the Te Awa Tupua Agreement. For Whanganui Iwi, the agreement is a first step towards decolonising New Zealand and its nation state. Decolonisation will be achieved when the natural world determines New Zealand's constitutional framework, and New Zealand's nation state and our Whanganui Iwi nationhood—and our respective legal and governance systems—coexist interdependently
ICTs as an Antidote to Hardship and Inequality: implications for New Zealand
No full textContemporary ICTs, such as mobile phones and the internet, are increasingly viewed as potential solutions to some of humanity’s most complex and pressing problems, including poverty and inequality. But in New Zealand the evidence shows there are large gaps in the ICT-related resources and support available to New Zealand’s digitally poor. Among the shortcomings are a profound lack of integration of ICT needs into social policy design and implementation, the absence of a programme of ongoing policy review and update, and insufficient research
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