Open Journal Systems at the Victoria University of Wellington Library
Not a member yet
6045 research outputs found
Sort by
Evans' Argument and Vague Objects
Get PDFIn 1978, Gareth Evans published a short and somewhat cryptic
article purporting to establish that there are no vague objects. This
paper is a commentary on this. Prima facie, the claim that there
are no vague objects is clearly false. Mt Everest, for example, has no
precise boundaries. And if this is so, there must be something wrong
with Evans' argument. In the paper, I discuss what this is, giving a
model of vague objects in the process
Contracting out Rules for Family Income Sharing Arrangements: Providing Certainty and Protecting the Vulnerable
Get PDFDespite equal division of assets at the end of a relationship, residual economic disparity often remains. This is especially common when one partner has left the workforce to care for children. Addressing such divergent economic prospects at the end of long-term relationships has been a perennial policy challenge. In 2019, the Law Commission completed its review of the Property (Relationships) Act 1976 (PRA). The Commission recommended replacing the current economic disparity compensation and maintenance regimes with an income pooling mechanism: Family Income Sharing Arrangements (FISAs). It also recommended that couples be able to contract out of FISAs. This article explores the rationale for changing the current regime and the conceptual underpinnings of the proposed FISA regime, using human capital as a framework. The article proposes a detailed policy regime for FISA contracting out. The proposed rules consider the needs of couples with children, where a partner has left the labour force, or where lived reality has not met the couple's ex ante expectations. The resulting rules meet the policy goal of allowing couples to contract out of FISAs, but only where their contract causes no hardship. Additional disclosure is also recommended for contracting out of the other provisions of the PRA, with greater deference recommended for such private arrangements as a result
Building a Secure Fence and a Well-Functioning Ambulance Reforming New Zealand's Natural Disaster Insurance Scheme
Get PDFThis article proposes reform to New Zealand's natural disaster insurance scheme in anticipation of The New Zealand Treasury's (Treasury) 2021 review of the Earthquake Commission Act 1993. The Canterbury Earthquake Sequence of 2010–2011 revealed many shortcomings in New Zealand's dual-insurance model, outlined in the March 2020 Public Inquiry into the Earthquake Commission. Recent changes in the private insurance market have aggravated these problems, notably, increasing premiums and a move to sum-insured policies. This article explores the lesser known background to the unique EQC system and examines the fundamental reasons for this public system. It aims to establish the most effective natural disaster insurance scheme for New Zealand, holding that retaining the dual-model approach is preferable. However, fresh reforms are necessary. Five reforms are proposed: ensuring the scheme's universality; increasing the EQC cap; implementing differentiated pricing; incorporating incentives for mitigation; including a purpose statement within the Act. Implementing these reforms will best ensure the scheme meets the objective of allowing homeowners to build their secure fence at the top of the cliff, while still ensuring there is a well-functioning ambulance at the bottom
Obligations in Contract, Tort and Equity: Reliance, Responsibility, and the Moral Dimension: Essay in honour of Sir John McGrath
Get PDFI publish this essay to honour the memory of Sir John McGrath. I sat with Sir John for a number of years, first in the Court of Appeal and then in the Supreme Court. Professional respect soon turned into friendship. While we did not always agree, I always respected his views. They were carefully considered and fully researched. John gave detailed consideration to the opinions of others but was very much his own man when it came to his ultimate conclusion. His innate caution in departing from the well-trodden path was a valuable contribution in a final appellate court. Stability is an important feature of any legal system. And John provided that quality, but not at the expense of innovation when that was clearly desirable and could be achieved in a principled way. John's passing, so soon after his retirement, was a great loss, not only to his wife and family, but also to his many friends and colleagues, both in the law and beyond
Antonella Sarti Evans translates the ‘Affluenti’ authors
No full textTen poems by the ‘Affluenti’ authors (Edizioni Ensemble), Florence, for the first time in English translation
Antonella Sarti Evans translates Mary Maringikura Campbell
No full text‘Yellow Moon. E Marama Rengarenga’: 7 poems by Mary Maringikura Campbell translated for the first time into Italian by Antonella Sarti Evans The original texts of Mary Maringikura Campbell’s poems have been reproduced here by the author’s generous permission and have been included in the recent collection ‘Yellow Moon. E Marama Rengarenga’ (HeadworX, Wellington, June 2020)
The sinking of the Wahine & the fall of Icarus: A translational and autobiographical poem
Get PDFThe sinking of the Wahine & the fall of Icarus: A translational and autobiographical poe
A Global Fix
Get PDFReview of Raquel Rolnik, Urban Warfare. A global panorama of housing policy in the era of footloose financial capital
Reading Our ‘Destiny in the World We Have Made’: Inscriptions and Incantations of Race in the Wake of the Christchurch Massacres
Get PDFIn the wake of colonial violence, how do we come to terms with its event while refusing the power exercised by these very terms? If race is an organising grammar upon which we must draw in articulating the very realities to which it consigns us, then what recourse does it leave us in disarticulating and remaking these realities? This article is a meditation on these questions in the context of the massacres at two Christchurch mosques, and the raced discourses which they occasioned. In exploring these discourses as raced, the emphasis here is on their temporal qualities: on race as the coding of the time and the place (or non-place) in history where its subjects belong. Against the legibility and transparency with which race interpellates its subjects, is there a magic in the opacity and poetics of speech through which we can rewrite our ‘destinies’ and reinvent ourselves
Access Repository Dashboard
Do you manage Open Journal Systems at the Victoria University of Wellington Library? Access insider analytics, issue reports and manage access to outputs from your repository in the CORE Repository Dashboard!